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HomeMy WebLinkAbout2007-09-25• • Revised 9-24-07 (~E IDIAN' CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 25, 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: D David Zaremba Joe Borton ~ Charlie Rountree Keith Bird fC Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Craig Flinn with Meridian Alliance Church: 4. Adoption of the Agenda: ~r»-oh-c as a.~r~d.cc~ 5. Consent Agenda: A. Approve Minutes of August 28, 2007 City Council Regular Meeting: o~r~-~,,.-~.~ B. Approve Minutes of September 4, 2007 City Council Regular Meeting: ~~~-x-~r-c- C. Findings of Fact and Conclusions of Law for Approval: PP 07- 011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C-G zone, for Paramount Commercial Southwest by Ustick Marketplace, LLC -Northeast Comer of North Linder Road and West McMillan Road: G7~~~ ~.,~- Meridian City Council Meeting Agenda -September 25, 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. • • ~e~;~e~ ~-z~-o~ 6. D. Development Agreement: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: ~~-° ~•..~ E. Approve Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Proiect Intersection Linder Road and McMillan Road: ~~~,n~.GVw F. Approve Task Order 0713 with Civil Survey Consultants, Inc. for Engineering Services Related to 2008 Water System Flush Lines Proiect for $37,665.00: ~~r''"• ~.~- G. Approve Change Order for McAlvain Construction and ILS Company, Inc. for MYB Complex at Settlers Park in the amount of $20,600.00: ~~.~,,,,~,,,.~ H. Approve Task Order 0718 for Professional Services with Civil Survey Consultants, Inc. for Engineering Consulting Services for Municipal Water and Sewer Systems not to exceed $20,000.00: ~ ~ I. Approve Sanitary Sewer and Water Easement with Ten Mile Center, LLC for McNelis Subdivision: ~ o,,,,..~ J. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: a~~+r-~- K. Development Agreement: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlauist Gateway South by Ahlquist Development, LLC -Southeast Comer of Franklin and Eagle Roads: r,~~~,..o,,..~ Department Reports: A. Mayor's Office: 1. Appointment of Tom LeClaire to Impact Fee Committee: B. Finance /Purchasing Department: 1. Construction Manager Chance Order No. 2 for MJ's Backhoe & Excavation for Rem val of Unsuitable Soils for New City Hall Project: ,far ~q~ ~Bv, °.° ~~y,,-° „~.e.~ Meridian City Council Meeting Agenda -September 25, 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 9-24-07 2. Construction Manager Chanae Order No. 1 for Petra, Inc. for Removal of Unsuitable Soils for New City Hall Project: ~2, ,Sv2, ~~' ~,~,J~,,,,,,,„`, C. Planning Department: 1. Joint Meeting with Ada County Highway District Items for October 1, 2007: - 3rd Street - Ustick/Linder - Use of STP-TMA Funds - Alliance and Future Funding of Roadway Projects - Commercial Lane Extension D. Legal Department: ,~i~GwSC Ci~"~ we, 1. Red Cloud /Mountain View High School Access: /~, ~~v iY G _ f~e~ 1 `e,d ~~i ~3.vr ~ n•~•-~ a~-F Ever!`, f~~co5nj fj,s-v 7. Items Moved from Consent Agenda: ~_ ~~^ ~N~- /~~~~~ pr°~''~•~. /te~y /~//~. {ter y~.ew ~e.f 8. Tabled from September 18, 2007: Idaho Power Company Update by Layne Dodson: 9. Request for Reconsideration for Anytime Fitness by Dave Evans Construction: ~ `~~,,~r~+,"e... 10. Findings of Fact and Conclusions of Law for Denial: AP 07-008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: `~~~,~Ge- 11. Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: ~,~~yc, 12. Public Hearing: MDC Proposed Fees In Lieu of Parkins Policy: w~~rv~9 wc. r-o `i r.~ , ~v~~ ~a.e ~.e J',,v-l v,. f~w~-r 13. Public Hearing: 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 -SEC of S. Stoddard Road and W. Overland Road: G~~,~,,~~ Meridian City Council Meeting Agenda -September 25, 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. • Revised 9-24-07 14. Tabled from September 18, 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: Request to be tabled to October 2, 2007 .~G~ ~ /O~Z~7 15. FP 07-029 Request for Final Plat approval for 24 single-family building lots and 4 common lots on 7.56 acres in an R-4 zone for Eastwood Subdivision by Wirt and Francis Edmonds - 4515 S. Locust Grove Road : ~~~~ 16. Ordinance No. ~ ~~ / 3 ~ ~ RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Va11ey Shepherd on Meridian by the Valley Shepherd Church of the Nazarene - 150 West Maestra: ~v~ 17. 18. 19. Resolution No. ~ ~~ ~? 8 New Meridian Building Fees: ~~ydvtOW~- Seats: ~~j~ri'~ o^~- Resolution No. ~ ~~ ~~ ~ Approving Amended By- Laws of the Parks & Recreation Commission and Appointment to Meridian Arts Commission: Resolution No. ~ ~' S~ O Approving By-Laws of the Z0. Ordinance No. ~7~( J~ AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlquist Gateway South by Ahlquist Development, LLC - Southeast Comer of Franklin and Eagle Roads: ~~rY-~ ~ 21. Executive Session per Idaho State Code 67-2345 (1) (a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective off ce) and (f) - (to consider and advise its legal representatives in pending litigation): Meridian City Council Meeting Agenda -September 25, 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. • • Meridian City Council Meeting September 25, 2007 A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, September 25, 2007 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree and Joe Borton. Members Absent: David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Ron Anderson, Bob Stowe, Keith Watts, Matt Ellsworth, and Dean Willis. Item 1: Roll-call Attendance: Roll call. 0 David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call tonight's meeting to order. Thank you all for joining us here this evening. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our pledge of allegiance. All rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Shawn Regan with The Church of God Seventh Day: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Craig Flynn. He's with Meridian Alliance Church. It's been awhile. We would like you to join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Flynn: Thank you. Let me give you a minute for your own personal reflection, as the Mayor said, and, then, I will pray. God, we acknowledge tonight all things are because of you and every city erected, every community is an extension of your grace and we thank you for the place that you have placed us to live and play and work together. I thank you for the City of Meridian and the leadership that sits before me and we pray blessing on their leading tonight as they serve you and the city and, Lord, the prayer in • Meridian City Council September 25, 2007 Page 2 of 66 my heart tonight is that give us a fresh wind of mercy throughout our city and we would extend forgiveness in friendships, family relationships, where things have went wrong in businesses or communities of faith, that you said bless to those who are merciful for they will have mercy. God, I pray for our city tonight that we would have a spirit of forgiveness as we wrong one another and repair relationships, that through that spirit of forgiveness you would build us a strong city. Bless this meeting now and we pray these things in your name, amen. Apologize for missing last month. I forgot. De Weerd: Well, we sure enjoy having you here and it's nice seeing you again. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have an addition in the Department Reports. It's been requested by the city attorney to have Item No. 2 under D and that will be SWAC update. Item No. 14 has been asked by the applicant to continue to October 2nd, 2007. Item 16 is ordinance number 07-1339. Item 17 is resolution number 07-578. Eighteen is 07-579. And 19 is 07-580. And ordinance number on 20 is 07-1340. And with that I move we approve the agenda as noted. Rountree: Second. De Weerd: I have a motion and a second adopting the agenda as read. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of August 28, 2007 City Council Regular Meeting: B. Approve Minutes of September 4, 2007 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PP 07- 011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C-G zone, for Paramount • Meridian City Council September 25, 2007 Page 3 of 66 Commercial Southwest by Ustick Marketplace, LLC -Northeast Comer of North Linder Road and West McMillan Road: D. Development Agreement: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: E. Approve Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Linder Road and McMillan Road: F. Approve Task Order 0713 with Civil Survey Consultants, Inc. for Engineering Services Related to 2008 Water System Flush Lines Project for $37,665.00: G. Approve Change Order for McAlvain Construction and ILS Company, Inc. for MYB Complex at Settlers Park in the amount of $20,600.00: H. Approve Task Order 0718 for Professional Services with Civil Survey Consultants, Inc. for Engineering Consulting Services for Municipal Water and Sewer Systems not to exceed $20,000.00 I. Approve Sanitary Sewer and Water Easement with Ten Mile Center. LLC for McNelis Subdivision: J. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: K. Development Agreement: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlauist Gateway South by Ahlquist Development, LLC -Southeast Comer of Franklin and Eagle Roads: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 25, 2007 Page 4 of 66 Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's OfFce: 1. Appointment of Tom LeClaire to Impact Fee Committee: De Weerd: Thank you, Mr. Berg. Item 6-A under the Mayor's office, in front of you I do have an appointment for Tom LeClaire to the Impact Fee Committee. We do have a designated member from the Parks Commission on that Impact Fee Committee. In the past it's been Jim Keller. The commission has submitted their request for Commissioner Tom LeClaire to be that representative. So, I submit that name in front of you and ask for your confirmation of that appointment. Are there any questions? Rountree: I have none. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes, Borton. Borton: Seeing no questions, I move that we approve the appointment of Tom LeClaire to the Impact Fee Committee. Rountree: Second. De Weerd: I have a motion and a second to approve the appointment of Tom LeClaire to the Impact Fee Committee. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. • Meridian City Council September 25, 2007 Page 5 of 66 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Nary, if you could, please, ask Michelle to give him a call and get him the materials for the next meeting. Nary: We will. B. Finance /Purchasing Department: 1. Construction Manager Chance Order No. 2 for MJ's Backhoe & Excavation for Removal of Unsuitable Soils for New City Hall Project: De Weerd: Thanks. Item 6-B under finance department. I will tum this over to Mr. Watts. Watts: Good evening, Mayor, Council Members. Before you I have change order number two for MJ's Backhoe for the City Hall project. This is for the removal of the unsuitable soils for the month of August for an additional 39,780 dollars. This should take us through until next spring, I believe, once the UPR lease agreement is completed. We will still have additional excavation required that is beyond their contract once we get into that area, which is the UPR right of way and we will have to excavate -- we know there are unsuitable soils over there that we will have to remove and bring in fill, which was not part of that bid, and we will tackle that at that time. Are there any questions on this one? De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Wes is sitting in the back. Watts: Yes. He's going to get to talk to you -- De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes. Meridian City Council September 25, 2007 Page 6 of 66 Bird: I move that we approve Change Order No. 2 for MJ's Backhoe -- Backhoe and Excavation for 39,780 dollars. Rountree: Second. De Weerd: I have a motion and a second approving the Change Order No. 2. Any discussion? Rountree: I have none. De Weerd: Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 2: Construction Manager Chance Order No. 1 for Petra, Inc. for Removal of Unsuitable Soils for New City Hall Project: De Weerd: Okay. Watts: Thank you, Madam Mayor and Council Members. The next issue or item up is the change order request from Petra for CM fees for the unsuitable soils and Wes Bettis of Petra will come up and explain and answer any questions for you. Wes. Bettis: Thank you, Keith. Madam Mayor, Council President Borton, Councilman Rountree, Councilman Bird, distinguished staff. For the record, my name is Wesley Bettis, Petra, Incorporated, 1097 North Rosario Street here in Meridian. 83642. Before we get started a real quick update for you. Steel erection is progressing very well. Plumbing, mechanical, electrical contractors have been working in the basement and on their deck penetrations as the steel decking is going down. We laid down approximately 12,000 square feet of slab on deck and slap on grade today. And we begin our interior framing in the basement tomorrow right on schedule. Idaho Power is on site and beginning to set the transformers. We will have those energized approximately Wednesday of next week. And we found some more unsuitable soils as we were digging for the transformers today. De Weerd: Oh, my gosh. Bettis: Even a lunch box lid amidst everything else on that south side at the old alley that was sitting under the old warehouse building. De Weerd: So, what was in there that made it unsuitable. The lunch pale? u Meridian City Council September 25, 2007 Page 7 of 66 Bettis: It was just all garbage. Yeah. The lunch pale. Sawdust. Ash -- some more ash from the original fire. It's going to be a fun site. But it looks like we are getting out of most of it. One thing I did want to note is that we did have a schedule for occupancy of August 1st of 2008 and that ran with our schedule of February 12th of this year. When we discovered the unsuitable and contaminated soils and teamed of the extent of that work, we reworked the schedule, identified all of the areas that we could pick up some additional time and where we were actually affected within the critical path and when we published the schedule on April 12th, the schedule did slip to August 25th of 2008. So, we lost about three weeks, even though our total lost time was 24 working days of five full weeks of time from when we found contaminated soil until we had it all off the site. So, we are still tracking. We are going to have you in the building at this point in August of 2008. We did lose three days of weather this week, but so far it looks like we are going to be able to pick that up as well. So, still making good progress. De Weerd: Well, I continue to pray that you get us, like you did the church, in a month earlier. Bettis: You and me both, Mayor. Bird: We are going to. Bettis: I would like to note that with the --the change order that you just approved for MJ's, as well as the change orders that we have brought forth in previous months, this is why we put a contingency item in the budget and to date on change orders to the building alone we have only charged 134,000 dollars to that contingency account. So, we are still running well within the budget on this building at this time. De Weerd: Thank you. That's greatly appreciated with the number of surprises. Council, any questions? Bird: What's the final number? I don't remember. Bettis: On the total budget? Bird: On this -- no. On the change order. Bettis: On the change order. Bird: Fifty some thousand. Bettis: The total request is for -- excuse me, Councilman Bird, you caught me off guard. Meridian City Council September 25, 2007 Page 8 of 66 Rountree: Does Keith have it? De Weerd: Keith, do you have that? Bettis: It's for 52,502.45. Bird: Fifty-two -- how much? Bettis: 52,502.45. Bird: 502? Bettis: Correct. Bird: Thank you. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: A question for Mr. Nary in light of the request and the comments. Can you give us a snapshot of the contract language and the request makes reference to this being beyond the scope and defined duties within the original CM agreement and is this -- is the contaminated soil a part of the expected risk or is it something else? Nary: Madam Mayor, Members of the Council, Council President Borton, I think the -- I think the issue of the request is legitimate, because it was not -- I don't think the extent of the soils was probably contemplated to the degree of work that was covered. I think the issue that the Council has previously addressed or discussed was when should that request be made. I mean there was -- there was another company and Mr. Watts could probably help me with that. There was another company that also helped with that oversight of that contaminated project; isn't that correct? Watts: It's MDI is -- Nary: Correct. Watts: And they are still on site. Nary: So, I think it's reasonable for Petra's request that it was not necessarily something that was contemplated in the formation of the contract. I think the issue is is at what point should that request have come back to you for that consideration and what are they asking for -- payment for in relation to what the other company that was paid • Meridian City Council September 25, 2007 Page 9 of 66 also -- what oversight did they provide. So, I think that's really more the question and not just the -- whether it's a reasonable request. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: Keith, do you have a comment or a response provided -- Watts: Well, from a contract standpoint it is above and beyond what we originally contracted, just as it was with MJ's Backhoe, the site excavator. We bid -- we bid the site with specifics for excavation. As they got into it -- as soon as they started they, as you know, found all the issues that we came up with. They are not going to eat that money just because they found these unsuitable soils and Petra is, essentially, asking for the same thing. They are bringing -- they brought in the construction manager earlier than expected to deal with these unsuitable soils and that is, in essence, what they are asking for and Wes can break that down and give you the details of that. He does have all the details for that. Borton: Thanks. De Weerd: Any further discussion? Thank you. I'm looking for a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Change Order No. 1 to our construction manager Petra, Incorporated, for the sum of 52,502 dollars. De Weerd: And 45 cents. Bird: I cheated them out of the 45 cents. They can round it off. Rountree: Second. De Weerd: Oh, man. You were shorted, Wes. But I do have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council September 25, 2007 Page 10 of 66 De Weerd: I think I have the 45 cents. I will cover it. C. Planning Department: • 1. Joint Meeting with Ada County Highway District Items for October 1, 2007: - 3~d Street - Ustick/Linder - Use of STP-TMA Funds - Alliance and Future Funding of Roadway Projects - Commercial Lane Extension De Weerd: Under our Planning Department. Anna. Oh, I guess Matt. Thanks for joining us. Ellsworth: Thank you, Madam Mayor, Members of the Council. This department report revolves around -- this upcoming Monday, October 1 st, a joint meeting with Ada County Highway District commission. The situation in conversations with ACHD staff is that with the number of agenda items that have been proposed, the amount of time that's currently available for that meeting, will not allow an in-depth discussion of all of these. So, I wanted to bring this list of proposed agenda items to you this evening to receive some direction as to which ones are the top priorities for the city at this time to allow a detailed discussion of those priorities. What I had proposed doing here is just to run through the list that I handed out in your packet there. I can sort of give you some of the rationale behind each of these recommendations that are included with each of these agenda items. We can, then, take a minute to answer any questions that Mayor or Council has and, then, if it seems reasonable to you we can go through the list one more time to identify the -- the issues to move forward on the agenda for Monday. So, diving in, the first agenda item was the 3rd Street extension study. At the September 11th pre-Council meeting staff was instructed by Council to work with MDC and the consultant to finalize the scope of work and to generate cost estimates for commission of that study. Due to scheduling conflicts we weren't able to move that forward as quickly as we had hoped. We did sit down with the consultant and hope to receive the cost estimates and the final draft of the scope next week. Due to lack of information at this time and presumably on Monday when you sit down with the commission as well, for the moment staff would recommend removing that from the joint -- the joint meeting agenda. The second proposed agenda item is the intersection of Ustick and Linder, which based on previous five year work plans was previously programmed for 2008 construction. It has since fallen back to 2009 and that was also confirmed with the adoption of the fiscal year 2008-9 budget that ACHD approved late August. The removal of this intersection is recommended by staff and the main reason for that is in a subsequent proposed agenda item here that conversation can come up as to how to • Meridian City Council September 25, 2007 Page 11 of 66 • handle some of those projects that could presumably fall out over the course of the next few years. Jumping down one, the third agenda item here is alliance and future funding of roadway projects. This would be to receive an update on how things are moving forward based on the recommendations of the Urban Land Institute when they came in and did the panel review of ACHD and regionalism in the Treasure Valley. Obviously, a big part of that is project prioritization and future funding of ACRD roadway projects. Therefore, there is an opportunity to roll that Linder-Ustick intersection discussion in with the discussion of the alliance and future funding of roadway projects. Staffs recommendation on that third item is to include it in the agenda for Monday. Moving to number four. The use of STP-TMA funds. Those funds are filtered from the federal government through Compass each year. It's approximately five million dollars that in the past had been used for primarily roadway projects and the main reason that staff initially suggested including that item on Monday's agenda was to discuss some of the proposed projects on Franklin Road. Franklin from Black Cat to Ten Mile and also Ten Mile to Linder were previously proposed for funding with STP-TMA dollars. ACHD is in the process of removing those projects from the federal funding, which in the long run is likely going to lead to an earlier construction date than it looks like the federal process would have been able to provide. Cost escalations have severely limited how far that 5.5 million dollars can get you annually. As a result, the net loss there and the impact of the decision to remove those at the moment is fairly minimal, because, like I said, those two miles of roadway will actually advance the construction here, as opposed to being included in the federal process. Therefore, I'd recommend removing that and waiting for ACRD commission to spark any conversations about future use of those dollars. The next agenda item that was proposed for inclusion is a commercial lane extension and this is not one that I have been following all that closely, so I may turn it over to Anna Canning here to provide some details on this agenda item and where we are with it. Canning: Madam Mayor, Members of the Council, you may or may not be aware, there is a small gap in between what is commercial lane and what is commercial road and the question is is it appropriate to connect those two. We had thought that there wasn't much opportunity to work this out at the staff level, but once it got on an agenda we were able to find out that there is more opportunity to do that. So, what we'd like to do is talk about it with ACHD staff, the property owner that owns what could fill that gap, and work out aconnection -- or work out the details and bring that back to City Council at a later date. De Weerd: Well, it seems like the intended purpose for even putting it out there has be met. Canning: Yes. De Weerd: So, that's great. So, the recommendation would be to remove that. So, Matt, that leaves us with two items? n Meridian City Council September 25, 2007 Page 12 of 66 Ellsworth: Madam Mayor, Members of the Council, that's correct. The next item was the Overland Road realignment, which was recommended for an update on recent ACHD action relating to the roadway and discussion of next steps. On August 22nd ACHD commission conceptually approved a realignment of Overland Road to the southeast of Ten Mile and that was per the recommendations of the south Meridian transportation study. Subsequently on September 12th ACHD considered the South Ridge and ended up approving that proposed development, which is the development that -- that confirms that realignment. The recommendation of staff for this item is to include just to discuss next steps and see how we can keep that process moving forward. And I apologize, there are a couple of other agenda items here. The next one is the split corridor landscaping and this was a suggestion by Meridian Development Corporation to talk about the landscaping plan, which is being coordinated with the finalization of the design for a split corridor phase one. I'm not one hundred percent familiar with where we are with that, but the recommendation of staff is to include it. I'm sure that MDC would not have recommended it if movement had not occurred. So, interested to hear their take on that. Next item is a joint effort -- De Weerd: Matt, will Shaun be available at that meeting, then, for any discussion on our community sites, that he can speak on behalf of the MDC? Ellsworth: Madam Mayor, Members of the Council, I haven't spoken directly to Shaun about that, but that was an agenda item that he requested and I assume that he was planning on being there. De Weerd: Can you confirm that if Council does keep that on the agenda? Ellsworth: I will. De Weerd: Thanks. Ellsworth: The next proposed agenda item is the joint effort on regional state issues, which is to discuss ongoing need to bring folks together in supporting ITD and urging the legislature to move the GARVEE program forward. The update on that at this time is that at last week's board meeting ITD determined that they were going to request 134 million dollars of additional bonding authority, which as I understand it will include the construction dollars for Ten Mile interchange. As a result, the next joint meeting with ACHD will come in next December, which will still allow time to get on the same page going into the legislative session, because for that reason I would recommend removing this from this meeting and including it on the next one. Finally, the last proposed agenda item is the discussion of roundabouts versus intersections within Meridian Gateway and that's on the comer of Eagle and Franklin Road. The question of a roundabout versus a T intersection came out of the Council meeting for that proposed Meridian City Council September 25, 2007 Page 13 of 66 • development and on this one staff was really hoping for a discussion by Mayor and Council as to what the city's intention was with the inclusion of the roundabout at that location. As you can see with the attached letter on the packet there, ACHD's primary concerns with including a roundabout there is that -- as opposed to a stop -- or a three way stop intersection, it will not -- it will not deter the cut-through traffic that may otherwise occur for vehicles heading northbound wishing to continue eastbound on Franklin. It might be easier for them just to head through the development, which may have a negative impact on that development and potentially the safety therein. So, I suppose that's the one -- we can come back to that as we work our way through these agenda items, but I'd like to pause for a second to see if Mayor or Council has any questions about any of these proposed agenda items before we move forward. De Weerd: No. At this point I did want to just kind of elaborate. We had a couple of people sitting in our audience who actually joined us last week, which was greatly appreciated. I think the sign of citizen and business support as we stood in front of ITD board was a strong statement that not only are we watching you, but we will stand beside you as we move that request forward for the GARVEE funds and in that 134,000 dollars -- 60 million -- 143 million. I'm not used to those numbers. Sixty million was included for the Ten Mile interchange and that --that was a big deal. That is what is needed to fully construct and to begin construction in 2009. So, we do need to continue to be diligent to help support this request as they move it forward to the legislature. So, that can be removed. I did talk with their director today and they are preparing a letter with information kind of in response to a question that one of the board members -- and I think it was Board Member Sweeny, had asked on what the investment at the local level has been -- not from the city, but from Ada County Highway District, and they are preparing a letter to summarize a lot of the different activity they have in support of the infrastructure that is needed in that area. Ellsworth: Excellent. De Weerd: Council, any questions on the remaining items for our joint meeting agenda? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I had heard some concem from ACRD about the 3rd Street extension study and, then, feeling like they had been taken out of the conversation and I don't know if that's been remedied. If there is still some concem on their part, they may want to talk about that and make sure that they do have sufficient input into that study and I don't know where that is at this point. I've not heard back from anybody there. I did hear from several people a couple weeks ago. Meridian City Council September 25, 2007 Page 14 of 66 r~ De Weerd: I did talk to the director on that item as well today and they were comfortable with our proposal and moving it forward, unless Christie has anything different she would like to add. Rountree: We are okay, then? De Weerd: We are good. Rountree: All right. We are working together. Ellsworth: And the intention on that has and will be to just assume some of the management responsibility on part of MDC and city, keeping ACRD at the table at every step throughout the process. I'm going to hand it off to Anna here. Canning: Madam Mayor, Members of the Council, at your last discussion item when you talked about the 3rd Street extension project, we had thought that we could roll over those funds that we didn't use this fiscal year. I contacted the finance director the next day and was told -- it wasn't Stacy's just usual, no, you can't do that, it was Stacy's adamant, no, you cannot do that at all, don't even think about it. So, it is too late to roll over those funds. What she said we can do is wait until the new budget year begins, that to -- we'd have to pull that money back out of the general fund reserve and put it back into the budget. So, we will need to come forward with a budget amendment to put 3rd Street back in. So, basically, putting that money into the fund and, then, we will have to take it out, we can't just roll it over. De Weerd: And we will want to wait until we get the numbers from consultants regardless. Any other questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: My only other comment would be possibly melding the joint effort on regional and state issues with the discussion on Alliance and future funding for roadway projects. It seems to me like that's a pretty good mamage of topics and probably going to be talked about anyway, so -- at least start the discussion on the -- on the state and regional issues. De Weerd: Matt, I guess my question would be are we looking to take the lead in this discussion or ACRD? Meridian City Council September 25, 2007 Page 15 of 66 • Ellsworth: Yeah. The proposed agenda items, Madam Mayor, Members of the Council, that are in front of you were all suggested by the city, whether it was staff, Council -- they came from several different sources. Conversations with ACRD staff late last week indicated that the amount of time that they have for that meeting will not allow a discussion of each of these. So, they sort of threw the ball back in the city's hand to -- to go through and determine what is most important for discussion at this time and identify other agenda items that might be able to slip out until the next joint meeting. De Weerd: I guess, Matt, if we can have the Overland realignment and split corridor landscaping as items one and two and, then, consolidate the alliance and future funding for roadway projects and the regional state issues as the third item, unless Councilman Rountree is the discussion leader on that. Rountree: You want me to cheerlead it for you? De Weerd: Uh-huh. You bet. Bird: Would you wear your outfit? Rountree: Will I wear my ITD hat? No. Bird: No. No. Your cheerleading outfit. Rountree: My cheerleading outfit. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: An additional item that I throw out for the Mayor and Council discussion -- and by no means am I intending or want to pick a fight and I might be the only guy who doesn't know it, but I would invite a topic that discusses the future use of the objective point system analysis, which appear to be all but abandoned in most recent budgets. You did an awesome job of preparing a letter in short order outlining our concerns. If there was a detailed response, I never saw it, and before I would want to overtly criticize ACRD and that budget process, I'd love to invite them the opportunity to explain the decision to abandon that objective analysis and to give us some guidance going forward if we should utilize that point system in our planning with staff and Council going forward. If there is a different program we should use, different analysis. Unless there is information provided in that regard that Imissed -- and I never saw a response to your letter and if that system is not what we use going forward, then, let us know. Meridian City Council September 25, 2007 Page 16 of 66 Ellsworth: President Borton, Madam Mayor, Members of the Council, as far as I know there was not a formal response to that. as far as I understand it, one of the charges of the Alliance -- the regional alliance that was proposed by ULI was to revisit some of those prioritization processes. I wonder if -- if inviting or allowing that opportunity for some sort of formal response from ACHD wouldn't be an appropriate subcomponent of that conversation, in addition to the consideration of state and regional issues pointed out by Councilman Rountree. Borton: Madam Mayor? And that -- that may be fine. I mean to me it's simpler than that and it appears we had the criteria, we had the system and the plan and just have to apply it. So, unless Council thinks maybe that should be included as part of that discussion -- I just want to give them the opportunity to -- to address that topic, because it's critical and we were all pretty frustrated about it and maybe that can be included as a subcategory of that. Ellsworth: Madam Mayor, Councilman Borton, Members of the Council, would you prefer that removed and included as its own agenda item or do you think it would be sufficient to include it as a subcomponent of that third agenda we just discussed? De Weerd: Matt, I guess I would ask that you and maybe Christie clarify that with ACHD as to the intent we would like this discussion to be on. I do know in talking with Jay today, there -- there is a response and apparently there is a difference between how they utilize those project priority tools and how it relates to the five year plan. He didn't go into specifics, but I don't know, it might be a more lengthy discussion than we have time for if we want to have the other two. So, we can at least make the request at that time to see if they will respond to the letter I had sent. And that we put that on a future agenda to -- to really discuss that in more detail. Maybe a workshop item as well. Borton: Madam Mayor? De Weerd: Yes. Borton: That's a great idea and when you do communicate on that -- and I see a head popping around the comer. Again, it's not intended to pick a fight and just make it a gripe and moan session, but it is to make sure we have that discussion and I'd love to hear it on the record what happened and why and what our plans are going forward. So, maybe it is a big topic for a workshop, maybe too big for this, but just give them a heads up. De Weerd: At least check what the time elements would you. Do you want to comment? u Meridian City Council September 25, 2007 Page 17 of 66 • Richardson: I was also thinking about time. For the record, Christie Richardson, ACHD. And not necessarily about that issue, but the Overland Road realignment, I'm actually meeting tomorrow -- and this is one of those developer cooperative projects where we are with that development community. We do have some funds budgeted for the '08 year that have been approved and so maybe that item can come off the agenda, the Overland Road realignment, because we starting to negotiate -- you asked what the next steps were and we are jumping right in. So, maybe that item could not be on the agenda, could free up some time and I could certainly update you in a couple of weeks as to where we are, unless that's something that you think needs to be discussed. De Weerd: I know that project has been a real critical one for this Council and -- and in talking to Jay today did team as well that ACHD is -- has thrown the improvement between Overland and Franklin into the Ten Mile interchange project and made it impact fee eligible and offered that to ITD and so maybe some of that needs to be explained more than just that Overland Road. Yeah. I think there is a lot more going on behind this and a lot more cooperation. Rountree: I just want to see five heads nod that it's moving forward. Richardson: So, it's more than just the Overland Road, it's that whole Ten Mile - Overland and what's associated with what project, to clarify. De Weerd: Uh-huh. Richardson: And, then, I think it's up to you, you know, if you're just looking for a written response from the highway district with regard to those prioritizations or if you would like, you know, someone to come give a presentation at a Council meeting -- I do think it will be lengthy and I don't want you to be short-changed in your discussion, but -- I mean we can certainly provide you with that information anytime, unless it's something that the Commissioners need to be present for also. De Weerd: What are your thoughts on that, Joe? Borton: Madam Mayor, I guess I'd prefer apresentation -- in some form that we can have a dialogue and the Council and Mayor can ask some questions based on what we are told, would probably be the most productive. So, we can work with staff and set up some time for that and not put it on for Monday. Richardson: Okay. Borton: Give them a heads up that that will be the discussion. ~ i Meridian City Council September 25, 2007 Page 18 of 66 Richardson: And I will put in the formal request, then, to our staff to get something prepared. Borton: Okay. De Weerd: Yeah. If they can work with Will's office in getting it placed on one of our agendas. Do you want that in November on a workshop? Borton: Don't know yet. We will talk with staff to see what works best. Richardson: Thank you. De Weerd: Thanks. Anything else from Council? Rountree: Madam Mayor, not on this next meeting, but just keep it on your list of things that we could talk about with ACHD and that's speed limits and some uniformity. And I just point out Franklin and -- as a great example lack of uniformity. And Eagle Road south of Overland and Overland, as speed limits and lack of uniformity and no apparent reason. De Weerd: If I could ask Mr. Nary to put that on a traffic safety commission meeting. Rountree: Yeah. I understand their charge, but I think we need to get some understanding from ACHD on the engineering they do to establish the speed limits. De Weerd: We had in front of us atone time to bring some uniformity to Franklin and the letter I expected still has not come across my desk and so what I would like to do is first ask for a response from the traffic safety commission and, then, we will delve into looking at these three different areas. Rountree: They might like to know how the system works as well. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilmember Rountree, I heard Overland and Franklin and south of Overland -- De Weerd: South Eagle. Nary: South Eagle. • Meridian City Council September 25, 2007 Page 19 of 66 Rountree: South Eagle south of Overland. Nary: Okay. Thank you. C~ J Rountree: Which is 50 miles an hour. Basically the same road as Overland, but it's 40, which is, basically, the same road as Franklin in spots which is 35. So, I don't understand what's going on and I don't know how you can enforce anything. Nary: Madam Mayor? De Weerd: Yes. Nary: We will add it to our next agenda for traffic safety. I mean some of those decisions -- all of those ultimately are ACHD's, as you well know. Some of those decisions have been driven by traffic safety's recommendations and some haven't. So, we will certainly add that for discussion and bring a report back to you. De Weerd: Anything further, Matt? Ellsworth: Madam Mayor, Members of the Council, I would ask for a brief discussion, if there were no further questions on the question of roundabouts at Gardner-Ahlquist and specifically I was interested in hearing what Council envisioned in requesting consideration of a roundabout at that internal intersection. The recommendations of staff as to whether or not this is appropriate for inclusion on Monday, hinged to some degree on what Council saw as fitting over there and the reason that I say that is because there is a lot of opportunity for staff to work together at this point. So, I supposed I'd turn it over to you to see what your thoughts were on that. De Weerd: Well, I guess it's an overall opinion as stop signs in general. So, that was the first piece of it, that they wanted the traffic to flow through there, not necessarily have the stop movement, and Council approved it with the T last week anyway, so it -- Rountree: Two weeks ago. Bird: Two weeks ago. De Weerd: Two weeks ago. So, it's a mute point at this juncture. Bird: We just approved the findings. De Weerd: But we do need aroundabout -- the roundabout discussion. • Meridian City Council September 25, 2007 Page 20 of 66 • Ellsworth: Madam Mayor, Members of the Council, we are working with ACHD staff to line that up in several -- several --from several different angles, I suppose. One is roundabouts in general, benefits thereof. Two is the design and siting criteria that ACHD is in the process of finalizing adopting. And three, ACHD as a subcomponent of that design and siting study that they were engaged in are also taking a look at the Amity Road corridor and intersections running east to west on that road to determine whether or not, based on the design and siting criteria, those are appropriate locations for roundabouts in the future. So, that's kind of the three prongs of all things roundabouts that we are working with with the city clerk and ACHD to identify an appropriate time to bring forward. De Weerd: So, another future discussion item. Ellsworth: Madam Mayor, that's collect. De Weerd: How long is our list now? Sony. Ellsworth: Three items, Madam Mayor, Members of the Council. I apologize. Two. The Overland Road was removed, so we are looking at split corridor landscaping and presentation by MDC and the discussion of the alliance future funding roadway projects, which will also entail the discussion of joint efforts on regional and state issues, as well as a heads up on the prioritization of the request for some sort of a response on some of the budgeting decisions and trying to gauge how that process can and will move forward. De Weerd: And, actually, not probably a written response, but having someone join us at a Council meeting for a dialogue. Ellsworth: Correct. Rountree: Or one of Joe's workshops. De Weerd: Or one of Joe's workshops. Bird: A workshop would be a good time. Rountree: Uh-huh. De Weerd: We can just focus November on ACHD workshop folly. Rountree: Seminar. De Weerd: Anything further from the Council? Meridian City Council September 25, 2007 Page 21 of 66 Rountree: I have nothing. Thank you. De Weerd: Thank you, Matt. Ellsworth: Thank you, Madam Mayor, Members of the Council. De Weerd: You track that very well. D. Legal Department: 1. Red Cloud /Mountain View High School Access: De Weerd: Our legal department. You bet. Nary: Madam Mayor, Members of the Council, I'll use the podium, since this might be a little longer discussion than -- this is about access to Mountain View. You may recall we have had some issues with that over the last year. At the Mayor's urging we have addressed the area around Blue Tick, the -- to bring you up to speed and remind you sort of where we have been, we had an issue that came up during the last school year that the area around Blue Tick where the emergency access point is to Mountain View for emergency vehicles, there is a pathway across the canal and there is a pedestrian pathway. There had been a gate or a fence that was placed across that pathway. We had some conversations both with the fire department and the highway district about that access point and fencing that off and the fence was ordered to be removed. The neighbors in that area were not supportive of that and they have had issues about the use of that area by students and other people with Mountain View. And that's not necessarily shown completely on the picture. I think it's right -- well, I guess it's right there. And what's happened since then, at the Mayor's direction, both with the traffic safety commission, as well as the neighbors and the school district and we have had a number of meetings and what was decided was in that area around Blue Tick -- again, this is this portion of the school, there are now two hours limited parking signs in -- well, the neighbors are here, but they can tell me, I think it's the entire area in this section has two hour limited parking signs and the police have been -- at the beginning of school the police have been actively enforcing that. It appears at least at the moment that the students have gotten the message they can't park there. They seem to have been successful, it's, obviously, something we have to keep up with. Additionally, there is grounds been broken here in this location for a roadway access that the school district is paying for that will go from Overland Road here adjacent to the seminary and, then, access their parking lot somewhere in this area here. Oh. I'm sorry. You're right. Locust Grove. So, it comes out of -- it comes out of Locust Grove and, then, accesses into their parking lot somewhere in this -- this area. Thus providing another east-west connection -- or western connection here that doesn't exist today. Mrs. Canning -- ~ i Meridian City Council September 25, 2007 Page 23 of 66 pathway exists and the park access exists, they didn't feel it was necessary to have this third access point within -- I don't know how far this is between here and there. It's not even a quarter of a mile. It's probably -- okay. Eight hundred feet. So, it's not a tremendously great distance between, essentially, three different areas that people can enter the school if this were to be opened. So, the highway district asked and sent us a letter this month asking the city to comment on what their position would be on if they were to grant that request on vacating this particular part of the roadway, allowing that fence to remain there and that's what's in front of you tonight, to give us comments so that I can respond back to them and advise them of what your position is. The planning department may have some additional information or perspectives. Certainly the police department may have additional information. It appears there are people here who have other information and it's up to you. This wasn't really notices as a hearing, but it's certainly for input, so whatever your pleasure is, I just need some direction from you as to what I should advise the highway district about that particular point. De Weerd: Thank you. Any questions for Bill at this point? Rountree: Yeah. I'm confused. Is the fence across the -- the stub street or is it across the pathway or both? Nary: The fence is actually approximately in this location. It's -- this is a stub street. You're correct. I have driven down this way a couple of times and I can't recall exactly the location, if it's further on -- off the school property and a little bit more into the street, but it's pretty close. Okay. Yeah. It's pretty close. It was -- it was -- it, essentially, continues a fence that is -- I think a subdivision fence. It looks a little tiny bit different, but not significantly. But it is in approximately this location. It's not on the school's property. And that's the reason the request -- if it was on the school's property they could have taken down. Rountree: So -- Nary: It's not chain link, it's wood. Bird: That's what I thought. Rountree: The access point on Three Bars Drive was the neighborhood path behind those residents there, would that connect with that path? Nary: I think it does. Rountree: It doesn't inhibit that. C~ Meridian City Council September 25, 2007 Page 24 of 66 Nary: Excuse me. Sony. Madam Mayor, Members of the Council, Councilmember Rountree, I haven't walked that -- I believe it does. I mean these folks are telling me behind me that it does. I haven't -- but I think that was the intent they built this, because if I -- if I had to guess -- I didn't go back and look at the Council discussion -- this was probably, initially, going to be an access to the park, but this pathway was constructed and I do believe it -- I do believe that it stubs basically right up to where the other pathway is, because I believe that other pathway runs right along that property boundary. In fact, you can see that light gray there. So, I think it does stub right to it. I don't know if there is a gap, but it certainly is a connection that can be -- that's there. Rountree: That's all I need to know. De Weerd: And, Council, what you will find, too, is as far as convenience goes with the park and the parking lot, it makes it easier for parents to see their student coming and, you know, the necessity of having that connection is -- is really minimal. Nary: What the folks in this area were trying to avoid -- which is the same thing that was happening in this area -- was, you know, student parking, drop offs, and things that are -- become so excessive that it really impacts their neighborhood and so this -- this particular connection, as I said, appears to work more efFciently, because, again, it's on a main --amain roadway through the neighborhood, rather than this cul-de-sac street. So, I think it's been used fairly extensively, at least that was the discussion we had both with the school and the neighbors. Rountree: So -- excuse me, Madam Mayor. De Weerd: Uh-huh. Rountree: Bill, the vacation would be that northerly stub -- De Weerd: Yes. Rountree: -- Red Cloud? The whole stub? So, the street would go straight into the cul- de-sac? Nary: I haven't seen the specific request. I think that's exactly what's being asked, so -- that this -- I don't know if there is an intention and, again, maybe these folks would know better than I do -- what they were going to put there, if that was -- but it would, basically, dead end. The street -- I assume ACHD's street would, basically, dead end right there and so that they would no longer maintain this portion of it and they would only have to, basically, maintain that part or they would -- if ACHD is going to maintain this as asphalt, that still would allow that -- that connection to be continued to be fenced off. Meridian City Council September 25, 2007 Page 25 of 66 • Rountree: And, then, who would become the owner of that vacated parcel? Nary: I haven't -- I haven't seen who the request was -- Rountree: Okay. Nary: -- who the specific requestor and whether it was the subdivision itself or the property owners that are adjacent to it. There is a house I think right here. There is a house -- there is not a house here. I think it's in grass. Yeah. There is -- there is a house there and there. So, I don't know if it's this person here or if it's the subdivision. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, as I understand, basically, what they want is just to make sure that that fence is left there, as I understand, and -- and they can work out what they want to do with that stub street, because I don't see it going anywhere and it don't look like that one house faces it -- it does face the stub street? De Weerd: And you can see a sidewalk coming -- Bird: Oh, I can see that now. Yeah. I can see the driveway. De Weerd: Sir, if we -- we can ask you to comment on the record in a few minutes, please. Bird: But I -- basically, they want a recommendation to the ACHD regarding that fence, isn't it, Bill? Nary: Right. And what the gentleman just said in the crowd, just for the record, is what they are actually specifically requesting is a license agreement to keep that fence in that location and not to vacate the street. So, this wouldn't be -- that's normally not an application you would get in front of you, but merely a comment. If it was a -- Mrs. Canning reminded me if this was an actual vacation you'd have to have that application in front of you first and, then, it goes to the highway district. But this is just a license agreement to maintain that fence there and, again, the highway district -- when I spoke with their attorney yesterday all he was seeking was the city's comment on that and, you're correct, Councilman Bird, it is the desire of the neighbors when I met with them that that's what they would like is they'd like that fence to remain there, so that that -- at least that particular access point isn't going to be used up and down the street, but -- since the access point is there. • Meridian City Council September 25, 2007 Page 26 of 66 Bird: And then -- follow up, Madam Mayor. Then that little stub street has to stay, so somebody is going to have to maintain it and I'm sure ACHD will. And, then, this walking path -- then, through the park we have got walking paths, so you can get through it. So, personally, I don't see why that fence can't stay like it is. De Weerd: Thank you. Does the subdivision have a spokesperson you can kind of give us an overall picture? If you will state your name and address for the record. Delechi: Joseph Delechi. I live at -- reside at 2427 South Brandys Jewel. I also live in the cul-de-sac. Nary: And you can use that pointer there if you need to, sir. Delechi: I also live in the cul-de-sac. This fence here has been there since 1995, before the school was erected. It was a requirement from the city that they -- that they make a perimeter fence completely around their subdivision. We had maintained the fence at all times. We still maintain it to this day. We noticed that they have here at Blue Tick there was a tremendous traffic problem, there was a drug problem, students in and out all day long, we just don't want this to happen here. Since this here is a main thoroughfare through the subdivision, we also feel that this would be a great pick up and drop off location. Now that the park is available, you're right, Madam Mayor, it is great for the parents to see their children coming, than to be hidden here behind the fence. We have noticed in the past that children have been hiding behind these fences to smoke, to do all kinds of things, and we just don't want that in front of our homes, we'd rather have it behind our homes in the -- actually, in the park or whatnot. Lately, since this has all been developed now into a park, that problem has gone away, because, obviously, it's all open, there is no more weeds, there is no more fences, so we just request that -- that this license agreement be approved. The school -- Mr. Exline has sent a letter to ACHD basically stating that the school has -- the school does not want to open this fencing due to those concerns. I'm assuming that they had sent for your comments to see what you guys would like to do. That's basically it in a nutshell. De Weerd: Excellent. Council, do you have any questions? Bird: No. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Yes. Meridian City Council September 25, 2007 Page 27 of 66 • Nary: Could I just ask one question. That pathway that was constructed, that was a homeowners that constructed that? The homeowners association? Well, talk in the mike, too. Delechi: Originally when the subdivision was first enacted it was -- we were told by the developer and I don't know if it's true or not, but there was going to be an elementary school here. That's why this stub street stopped there, because this was going to be an access point to the elementary school. This was a walking path for the children from this -- from Thousand Springs, basically, here to access that elementary school. Now, since there is a high school and not an elementary school, it's created all kinds of other problems, obviously trafFc concerns and all those issues. That's the reason that stub street's there. Originally I don't think that stub street would have been there if it was not for that elementary school. Nary: Yeah. I guess that's not my question. What I'm asking is that pathway behind there, is that on your property, is that an easement, does the subdivision own it? Delechi: That was originally subdivision property. Nary: Right. Delechi: But, then, the Kiwanis Park has taken it over as to say. Nary: So, that pathway is actually -- the pathway is not that -- not that pedestrian path in Three Bars, I'm talking about the improved path that runs along the edge of the property there, that's on the park property? Is that what you're saying? Delechi: Yes. Nary: Okay. Delechi: Another thing, which just to let the Council know and Madam Mayor, this is a completely lighted path all the way to the school. Through the subdivision here there are two lights. Now, the concern was that the children have lighting in the morning, because it's dark in the morning. It's very foolish to have these children walking through that dark subdivision and a lighted path. So, this has been improved and I thank the city for improving this, but it just seems reasonable to have the children access this path, rather than create a whole trafFc problem here again. Nary: Yeah. And I only asked to make sure the path -- if the fence remains -- if the fence remains that that other path didn't go away, if it was on the homeowners property. Delechi: No. • Meridian Ciiy Council September 25, 2007 Page 28 of 66 Nary: So, as long as it's on the park property, that's fine. Delechi: In actuality, that path there now has sprinklers and grass. It's very nice looking. Nary: Thank you. De Weerd: All right. Well, we are glad to hear that. Anna. Canning: Madam Mayor, Members of the Council, I hate to be the naysayer tonight, but I do want to bring up one --the -- kind of on the pros and cons side, I guess I do have one con with related to this. We have been committed to try and opening up access points. We insisted that Blue Tick remain open. We have worked -- we have supported the school district in their efforts to build a new public street access into their parking lot. We are doing anything and just about everything we can to get open something on the east and in my efforts - I don't have many tools to work with in getting these access points and when they know that we have lost an opportunity -- yet another opportunity to gain access to Mountain View, it's going to make getting anything to the east even more difficult than it is currently. De Weerd: Anna, I appreciate your advocacy. Canning: Thank you, Mayor. De Weerd: And we have had these discussions. We do have some other alternatives and -- and I know you have been very good about being that advocate and hanging yourself out there and, Council, I guess I would comment on the attempts on the access to the east is -- we do have an opportunity and when Councilman Bird and I were talking with the superintendent, Idid have an opportunity to bring that up again and as I understand it, her office will be submitting a letter in support of -- of that access, contrary to what we had already received. Canning: And, Madam Mayor, they have given us that letter, but what we really need them to do in addition to that is to negotiate with the YMCA directly for access and I'm not sure how those negotiations are going. De Weerd: Certainly that can be a next step from my office. Canning: Thank you, Madam Mayor. De Weerd: But I guess as it relates to this, you know, we have the pedestrian pathway and we do have the lighted pathway from -- from the city park and the question in front ~' Meridian City Council September Z5, 2007 Page 29 of 66 of Council, then, would be -- is that enough connectivity and -- to comment on behalf of the neighborhood to keep that access closed and that's -- that's the issue in front of you, Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is one Councilman that believes that -- I don't want kids walking through that stub street and stuff. I think the other pedestrian thing -- the lighted pathway, we are talking about less than 300 yards of extra walking they have to do to get there, but it's lighted. You know that -- if we take that gate down, that lady that gets to her driveway from that street is going to have cars parked there, because kids are going to run up there, be late for class, and jump -- park their car and jump out and go and we got another Blue Tick and I think you guys handled Blue Tick real well, so my suggestion is the legal department write a letter supporting the licensing of leaving that fence up. That's my vote. De Weerd: That's -- Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I hear what Anna is saying, but Ithink we -- we have lost a couple opportunities to do that on our own with the park and the change in use of that land from an elementary school and not being able to accumulate enough property to accomplish that and, then, moving it to a high school and I hear the school district is not interested in providing a point of access at that location, so even if it were to remain intact, it's probably not going to go anywhere. I'm not opposed to the license agreement for the fence to remain. I'm sure there will be language in the license agreement that at such point in time that it becomes critical for an access point there, ACHD's going to have that option. I'm not sure how we get access in there anyway, if the school district's not willing to do it. So, I would -- I don't object to the request for the license agreement for the fence to remain, as long as a pedestrian access is maintained. De Weerd: Do I have a motion? Bird: I move that we instruct the legal department to write up a letter to ACHD supporting the license agreement leaving the fence at that stub street between the school grounds and subdivision. De Weerd: Do I have a motion -- or a second? Meridian City Council September 25, 2007 Page 30 of 66 Rountree: I'll second that, if the maker of the motion will further stipulate that the pedestrian access remains -- Bird: Oh. The pedestrian access will remain open. I did not give that thought, Charlie, because that's the only way we have got of getting into the park. De Weerd: So, second agrees? Rountree: Second agrees. De Weerd: Any discussion? All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: So, Bill, you can take care of that? Nary: Madam Mayor, we will take care of it. De Weerd: If you will, please, state your name and address for the record. Jepson: My name is Bonnie Jepson. I live at 2454 South Red Cloud Avenue. My house is on that street. I'm thankful for your compassion for us and our neighborhood to keep that from being used as an access point to the high school. I do want -- oftentimes city council members -- they only hear from the neighbors when bad things are happening to them, but I wanted to tell you how much I personally appreciate the efforts of this City Council for their efforts and their action in completing that Kiwanis Park. Mr. Nary has not been out there, none of you have gone out there to see, but over the last few months they have got grass planted, they are building the restrooms, the park is going to be in full use very soon. They have got their pond in. They put up the perimeter fencing with the wrought iron fencing and it's getting to be very beautiful. The trees are planted, the park -- the pathway is lighted, and the sprinklers are working great and I just wanted you to know how much I appreciate you going out there and cleaning that all up. And that's it. De Weerd: Thank you. Well, we have been out there. Rountree: Madam Mayor, I can attest -- Jepson: Mr. Nary said he had not. Rountree: I can attest to the number of times I have been lost. • Meridian City Council September 25, 2007 Page 31 of 66 • De Weerd: Yeah. We get lost every time we are out there, but -- Jepson: Well, if you're lost, stop at my house, I'll pour you a cup of coffee. Rountree: All right. Point it out, would you? Bird: Would you draw us a map how to get there? I got lost out there -- my first term I got lost out -- when I was campaigning, I got lost out there, I couldn't find my pickup. I couldn't find what road I was on, it was dark, and -- De Weerd: We are putting up directional signs, so at least the park users don't continue to get -- we had a tour out there and had Council and the parks commissioners and -- and took them out there and even the bus on the way back out got lost. So, you know, it just emphasized why we need the directional signs. But thank you and, Bonnie, I appreciate your tenacity. She's kind of been our eyes and ears and has helped me in following the process and making the appropriate phone calls. So, we appreciate that. 2: SWAC Report: De Weerd: Council, we did add an item, Item No. 2. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I asked to add this item. This is the Solid Waster Advisory Committee. We had a meeting a few weeks ago. Councilmember Rountree is a member of that committee. He was there as well. One of the items we talked about -- and Mr. Sedlacek is here tonight from SSC to give you a little bit of an update and if you want additional information at a future meeting we can certainly provide that. But this is in regards to a recycling program that SSC is very excited about. The SWAC was very interested and excited about and Mr. Sedlacek -- I'm going to tum it over to him and let him tell you more. De Weerd: Thank you. Nary: And I only haven't been out to that park since May. So, it's not like I have never been there, I just haven't been there in the last couple of months. De Weerd: Well, you know what, there -- Nary: And I got lost getting there. De Weerd: -- is a lot of work that's been done. Nary: That's when I got lost out there, too, so -- • Meridian City Council September 25, 2007 Page 32 of 66 u Sedlacek: Madam Mayor, Members of the Council, my name is Steve Sedlacek, Sanitary Services. What --there is two items that we wanted to get on the agenda this evening. We had a little mix up, we ended up on the October 9 workshop session. We do, though, need some direction from you tonight, because I believe we need to head into a Public Hearing regarding some new rates for this commercial recycling program. The first item on -- in this memorandum is a recognition award program that we want to start implementing. It's really just kind of a work in progress. We don't know all of the details of it. We want to start recognizing businesses and organizations that go above and beyond and do recycling and re-use and they do the right thing. We believe this is part of fostering a sustainable behavior in our community. We'd like to link it to Public Works Department that has programs already regarding waste water discharge awards, that kind of thing. It's environmental type focus. I don't know that I want to really focus on that tonight. We can talk about it on the 9th if you still want to do the workshop. Just to let you know -- I guess this is kind of an update of what the SWAC is doing or working on this aware program and I guess when it gets finalized we will bring it back and show it to you. On page two we start into the commercial recycling program. I wanted to point out we currently do have commercial recycling -- we have recycled more than -- last year more than 500 and a half million pounds of waste. It is our largest waste stream that we recycle. Actually, we recycle more commercial waste than residential waste. What's interesting or what's confounding about these programs is this is -- what we have right now is a source separate program for commercial. In other words, if you can fill up an entire roll off box full of wood, we will recycle it. Or plastic bottles or newspapers or some single waste stream that we know where to take it. Compacted cardboard and lose cardboard are the two biggest. So, we do a really good job of hauling really big quantities of stuff away from big box stores. We also do a really good job of taking businesses that have very very small amounts of waste and treating them like homeowners and giving them a green bin and letting them set out recycling if they are near a residential neighborhood and we swing by quickly and we pick them up. They don't pay for the service, which is something we have to get into, but -- so, we handle the really high end of the spectrum and we handle the really low end of the spectrum and we really have nothing in the middle and that's one of the problems we are trying to deal with here. So, until about six months ago there was no place to take what we call commingled waste. In other words, let's throw all of the waste into one container like this five yards -- five yard expanded metal container, what we want to do is put these out at schools and businesses and you throw it through this hole, this hatch, there will be a solid lid on top. Our front load truck will pick it up using these pockets on the sides here and we will dump it in our truck and we will have a truck dedicated for this program. Now, one of the things that slowed us down is we had to buy the equipment, which still -- we only have one of these containers and this is it. We have 49 on order and they are coming in the next two or three weeks. So, in this program what we propose is that any businesses -- any business that has enough waste of this type -- and there is a list hereon page two -- mixed paper, magazines, newspapers, cardboard, plastic, aluminum and tin, you throw all that stuff together and you commingle it. We • Meridian City Council September 25, 2007 Page 33 of 66 L_J take it to the -- we put it in the body of our truck, when the truck's full we drive to Western Recycling and dump it and they bale it and ship it to the coast where is goes into a MRF, a Material Recovery Facility, and they have people thereon conveyor belts picking out the paper and picking out the aluminum and doing all that stuff. Until six months ago we had no access to that type of facility. There is no facility like that in the area and we don't have enough waste to build one to support it. So, I guess the other issue are food items and plastic films are what we consider contaminants. We don't want plastic bags in these things. Also, we will have -- Anna, the next slide might have a cart -- well, there is -- well, there is an example of one in use. This is, actually, a corrugated cardboard container. We are going to take this program that we currently have in place and expand it to not just take cardboard, but take all these other items. So, like Jackson Food Stores uses these a lot. Go to the next slide, please. And this would be a front load truck that picks up the containers -- picks up that type of container. Next slide. That's just another picture of the same thing. We have tried to do -- this is a source separated school recycling container that we were trying. It's very unwieldy. There is contaminants that get crossed into the -- you know, paper gets thrown into the wrong thing and plastic gets thrown in the wrong thing. It just tends to be too difficult. So, we have tried it. I don't want people to think that we are not out there trying to do school recycling. We, actually, have recycling programs like that and others at probably about 12 schools. The other thing we use is a dedicated recycling truck and it has little hooks down here below this rail to grab toter -- to grab toter carts. Next slide. So, we can also give to commercial customers that don't have enough to support that five yard bin, we will let them use these toter carts and they will be stickered and identified in a different color to commingle waste in those also. So, what we are trying to do is go from -- to fill in the middle. We have got little tiny recycling projects and huge recycling projects and, then, we step up into the toter carts and, then, the five yard bins and, then, we can go up into the really big bins if we have to. So, we want that continuum of recycling possibilities for our -- for the people that work and -- next slide. Yeah. This was one that was actually burned up at a school that we have had some problems with, but -- you know. And that kind of thing is going to happen and, you know, it's -- no one's to blame for that, it's just -- bad stuff happens sometimes, so -- anyway. If you want to go back, Anna. Thanks. Thank you. We do have a rate structure on the last page where we would -- basically, we have a 95 gallon cart rate and, then, we have the five yard container rates for the 95 gallon carts. We will give the customer as many as he needs, but we will only pick them up one day a week, because we only want to use that truck one day a week. And the four days of the week we can, then, use it as a recycling truck in residential neighbors or as a backup truck. We are just trying to be as efficient as possible in the use of our equipment. Then, if we have five yard containers, we will only get them one container, but we will pick them up as many days of the week as they need to. Another thing that helps this program is the landfill rates have gone up -- or will be going up in about a week and that allows us to price this such that we can make a return on our investment and we can actually price it under the price of a -- commensurately orequally sized solid waste container. You know, for example, a five • Meridian City Council September 25, 2007 Page 34 of 66 yard container once a week is 60 bucks is what we would charge that customer and in the current rate structure that goes into effect, a six yarder, which is about the same size once a week, is 130 dollars. So, if they can down size that six yarder to a three yarder and save money and implement a recycling program, there is a lot of customers that will at least break even, maybe save some money doing this, and that's --that's the economic incentive we want to give people. For schools will have a lot of this waste -- you know, it's paper and milk jugs and soda pop cans and that kind of stuff. If they can cut down their frequency of collection on all their other containers, this can really cut their bills and we can recycle a lot of material. One -- or three issues that we need to be aware of are the schools and businesses may be required to construct enclosures. City code requires enclosures around all containers. Now, if you drive around town there is some that aren't, you know, that's not my issue. But the people at the Meridian School District or any business need to understand there may be a little construction project required. The janitorial staff at any business will need to clean up the spills around the containers. You can imagine these aren't water tight. Of course the other containers we use aren't either. So, if you start putting plastic milk jugs that are half full and squashed and soda pop cans and other stuff, it's going to get messy. And so as long as there is commitment to clean up the mess, that's great. Also contaminants or vandalism will cause a very abrupt ending of the program. Western Recycling will require that we have certain -- meet certain standards for the material and if there is too much plastic in it, the plastic film or if there is a big pile of hamburgers or something, they are not going to be very happy. So, every business or school will have to have a champion that runs with this thing and makes sure it works. And that's really all I have. I appreciate getting on the schedule tonight. I kind of squeezed my way in and I apologize for that, but -- De Weerd: No. It's very timely, since we were starting to get letters from the elementary schools that want to participate. When I first saw this ails I could think of is when you started dumping it, all the milk and soda that would be pouring out, so -- Sedlacek: Well, it's no different than a food service operation that we dump in our trucks either, so -- De Weerd: I guess there are some things we just don't want to know. Sedlacek: Yeah. There you go. De Weerd: Council, any questions? Bird: Madam Mayor, I do. De Weerd: Yes, Mr. Bird. Meridian City Council September 25, 2007 Page 35 of 66 Bird: Steve, are you going to -- as you know, we have been known to collect a little bit of paper here, each one of us, we take home -- I think I have burnt up three of those little shredders, but, anyway, instead of taking our 50 gallon sacks of paper over to western Recycling, will you guys be able to take that now out at your plant, a container we can put it in or something? Sedlacek: Fifty gallon sacks of -- Bird: Well, big sacks. Sedlacek: Of what? Paper? Bird: Yeah. Sedlacek: At this point I guess we -- so, you're talking about recycling at the transfer station. You can do that at your house. Bird: I know that, but not that big. Sedlacek: That's too much, uh? Bird: Yeah. Sedlacek: At this point we could add that material I believe to the cardboard containers; is that right, Doug? So, we have a container like this with cardboard in it and we can let you put your paper in that. We use to segregate cardboard, from paper, from aluminum, and now we are going to more of a commingling system. So, yeah, we can let you dump your paper into that at the transfer station. Bird: Thank you. Sedlacek: Or you can find a business that has one of those containers and throw it in there. De Weerd: You know, I -- Bird: I wasn't going to say that. Sedlacek: And, actually, I think with the new City Hall, this type of operation would be excellent and I hope there is plans for a recycling within City Hall. Bird: I think it's already being done, isn't it? • Meridian City Council September 25, 2007 Page 36 of 66 Sedlacek: Well, I was thinking about the new -- De Weerd: What's already being done? Bird: Aren't we recycling our paper? De Weerd: Uh-huh. Rountree: Yes. C~ J De Weerd: Yeah. I know how the other people dump, because we were standing talking in the parking lot and some pulled up to the dumpster and started throwing their trash in there, just like -- Rountree: Madam Mayor? Just a comment. Steve didn't mention it, but I think we all got it out of what he was telling us, but it's strictly a voluntary program with an economic incentive. So, it's going be based on their marketing and the recycle monies that it generates come back into our recycling fund, which we, then, put back into the community, so -- Sedlacek: But just to be clear, the recycling fund -- the recycling money you receive from this is very very small. Rountree: Very very little. Sedlacek: When you co-mingle it and you have to pay someone to pull it back apart, you have lost, really, your value as a commodity. But there is a little bit. Rountree: But there is a little bit of return. Sedlacek: Yeah. De Weerd: Yeah. And there is less in the landfill. Rountree: Exactly. Bird: I think there is a lot of benefits to it in our community and, then, that's something that we need to get out. Mayor, you need to get out -- the amount of money that this recycling and SWAC committee has turned back into this community. I have been fortunate to be on an organization that has received 25,000 to help with bleachers at a baseball field and I know we have approved a lot more than that and I think it needs to be getting out and let the people know that what they are doing with the recycling isn't a lost cause, but it's helping the youth in this community to better themselves. • • Meridian City Council September 25, 2007 Page 37 of 66 De Weerd: Do we have a summary on that, Steve, on what -- where we are at today? Sedlacek: Financially? De Weerd: Uh-huh. Sedlacek: Stacy has a summary of the funds available and budgets and those kind of things. As far as what we have funded in the past and what's been constructed, we have that at the solid waste committee and we have this photo montage, if you will -- photo album that we want -- that we have gotten all of the things pulled together for it to produce and have up front here at City Hall, so -- De Weerd: Could we maybe pull some of the information together that we can have Shelly put a release out on, you know, to date some of the projects, how -- how that money has gone back into the community, pounds or tons -- tons that have been recycled and saved from the landfill and channeled into a more productive use? Sedlacek: Madam Mayor, absolutely. We can get -- Symantha in touch with -- did you say Stephanie -- De Weerd: Shelly. Sedlacek: Shelly. I'm song. And we can get that done. We have all the data. De Weerd: Robert, can you follow up on that, too? Okay. Thanks. Very good. Any other questions from Council? Bird: What does he need from us? Sedlacek: Since this is a new rate structure, I understand Public Hearing is required. Bird: Is that set up? Sedlacek: No. We were coming to you tonight to seek your blessing to go to Public Hearing. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, yeah, as you prefer most of the time, what this was was simply to ask you if you want to go forward, then, we will go through the process of advertising. These are new fees. Councilmember Rountree is absolutely correct, I mean this is a voluntary program and it can show -- if you would like • Meridian City Council September 25, 2007 Page 38 of 66 that as a part of a presentation in the future, they can show how, even though there are fees to this voluntary program, it will offset the savings that the businesses could realize by using this program from what they would be paying in essentially throwing it away. So, besides the environmental advantage to doing the recycling, they will --they can gain a financial advantage by doing that. But these are new fees, so you would need to advertise them. If you would like us to do that, we will go through the process and have the hearing here in a few weeks. Bird: If we can get it on an agenda, let's go. De Weerd: Okay. Rountree: Schedule it. Bird: Schedule it. De Weerd: So, as soon as we can get it on let's go. Rountree: Will's got it taken care of. De Weerd: Will and Bill. Yes. Berg: Madam Mayor, if I could ask Steve -- since I had this inquiry a-mail over the weekend about the program that Boise City had with shredding day or -- that they -- people brought in papers and could get them shredded and, then, was recycled. Do you know anything about that? Sedlacek: I have never heard of that. Western Recycling runs a shredding operation called Shred Pro, I believe. Bird: Yes, they do. Sedlacek: I don't know why Allied Waste or Boise would do that, but maybe Westem did. I don't know. I have not heard of that. Berg: I'll get you the article in the paper. Sedlacek: I don't have a big shredder, I can tell you that. De Weerd: Neither do we. Anything else, Council? Rountree: Nothing on this item. Meridian City Council September 25, 2007 Page 39 of 66 • Sedlacek: Would you like us also to attend the workshop on November -- October 9th to talk about the awards program or should we develop that further and get back to you? Borton: Madam Mayor? De Weerd: Yes. Borton: This was -- this was the intent of October 9th, some you got it covered. Sedlacek: Okay. Borton: You're free to go. De Weerd: Yeah. And I think if you develop those awards, you know, you can certainly work with my office and at the appropriate time we will bring it back to Council and -- has the SWAC committee seen the final versions? Sedlacek: No. Not of the award program. We are very early on into that, developing the criteria and what it would even be. How many awards would there be, that kind of thing. Rountree: But the thought would be it would go along with what Public Works does with their awards program? De Weerd: Uh-huh. With their environmental -- Rountree: With the environmental -- Sedlacek: Right. Nary: Madam Mayor? De Weerd: Yes. Nary: I looked up this free shredded day that Mr. Berg was talking about. It appears this is a fundraising opportunity for the Crime Stoppers program for the City of Boise. So, it's not a -- it's not a service, it's at the public safety building, it was on the 19th of September, and it looks like it was --they had a limited number that people could provide items shredded and, then, there were donations for the Crime Stoppers program as part of it. So, it may have been a fundraising type of event, rather than a program -- a regular program of Allied Waste, so -- • Meridian City Council September 25, 2007 Page 40 of 66 Rountree: It was one that Arthur Anderson took advantage of. Sedlacek: Thank you very much for your time. De Weerd: Thank you, Steve. Thank you both for being here. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: Tabled from September 18, 2007: Idaho Power Company Update by Layne Dodson: De Weerd: Item 8 was tabled from September 18th. Tonight we have Layne Dodson with us tonight from Idaho Power. Just in time to hear a compliment on our City Hall project. Dodson: Absolutely. Madam Mayor, Members of the Council that was good news to hear. It wasn't that we were late this time. That's- good. Got a few maps. De Weerd: Anna, can we maybe warm the overhead projector up and -- if we could share that. Give one to Will and give one to Anna. Dodson: Madam Mayor, I appreciate the opportunity to get back to you. I apologize for last week. I was a little double booked. Had to go out to your neighbor to the south to talk to Kuna about some of the same items and I appreciate the time. I'm just going to give you a brief update. De Weerd: Well, we won't talk to you about your choices first. Dodson: Well, I was originally on the pre-Council and that kind of went away. So, I was going to -- but, anyway, be that as it may -- De Weerd: I had to take the opportunity. Dodson: It's certainly a pleasure to be tonight, that's for sure, so -- but I did want to provide you a brief update on where Idaho Power was as far as some of the projects that we have got coming up, where we have been -- some of the projects that have been submitted, some of the other issues that are surrounding doing business here in the City of Meridian. I think I'll start with the projects. One of the first ones that's coming up is the Hillsdale Substation, which is at the comer of South Eagle Road and Amity. This project will actually start later this year and be complete by June of '09. So, that's going to provide capacity for the southeast part of Meridian and so that's probably Meridian City Council September 25, 2007 Page 41 of 66 the first one that's going to come up. The line will be along Amity Road from Cloverdale. Ada County has already permitted that. The next project that we are -- will be under consideration will be either the Amity Substation or the Columbia Substation. Both of those sites have been secured and permitted through Ada County, both of them on the south side of Meridian. The line on Columbia is being --the right of way is being obtained as we speak. The Amity Road comdor we have not started any right of way acquisition in that area. But either one of those -- it just kind of depends on how that area develops on which one of those go first and we are looking at probably 2010, in that range, for one of those. Then, the other projects that are going to directly impact the city as far as substations are a little farther out timeline wise. Robinson sub over there on Robinson Road. One up there on McMillan. And those stations are quite a ways out, actually. They will probably be 2015 or more. But we do have several overhead transmission lines that will be definitely noticed in the city. The Stoddard Substation, there will be another circuit on that line that goes along Overland from Cloverdale to the Stoddard Substation. We have kind of changed our policy -- or philosophy as far as building loop feeds to substations, so it would be a continuous loop. Rather than doing that in these urban areas and, then, creating additional corridors, what we are trying to do is to maximize the existing --the corridor where the line already is. So, instead of having one circuit, let's say possibly, you know, down Overland and, then, down Eagle Road and, then, back over to Cloverdale, we are just double circuiting, putting two circuits on one set of poles. So, we are maximizing that corridor. So, our thoughts are on -- like on Hillsdale there will be a line into the substation, out of the substation, and, then, back to Cloverdale Road. And so that's what would happen on Stoddard also. We would come out of -- off of Cloverdale, into the station, and, then, back out of the station, back to Cloverdale Road. So, that would be a double circuit line. The one -- the one that's going to be a real challenge -- and we don't have a date on it and we do not have a line route determined, is if you look over at Happy Valley in the southeast comer of the Nampa area, you will see that that's kind of a big circle, it almost looks like a big bull's eye, which there is that Happy Valley, Cloverdale, and Locust, all of those, those are very large substations, what we call source substations with the 230 kv lines. The 230 kv lines are like what's running down Eagle Road at this point. Towers in the neighborhood of 85 to 120 feet tall, depending on what they are going over. From Happy Valley we need to get a 230 kv line from that -- that station to the comer of Eagle Road and the railroad tracks eventually. So, that's going to be -- it will go to public process, we will be looking for different -- you know, for route alternatives. What you're seeing out of Happy Valley, that gold line going to the north up to Amity -- over to Amity, then, up Robinson or Star Road there to the railroad tracks, all that is is just kind of more or less a technical advisement, you know, that that's showing the route that -- you know, the railroad tracks certainly do provide us an attractive comdor as a possibility for routing those lines. We can utilize that railroad right of way from Eagle Road, essentially, back through to Maple Grove, all the way, you know, through Boise Town Square. So, I mean it's just for your advisement, it's just one of those lines that's going to be in front of the public in the future. The other one Meridian City Council September 25, 2007 Page 42 of 66 that's going to be interesting to site will be up off of Chinden. It's -- excuse me. McMillan, where the McMillan green dot is up there. There is two lines coming from the north and that would be two -- two overhead 230 kv circuits coming from the north from the -- like the north Eagle foothills area and we show -- we are showing that as two separate lines. We are essentially looking at that Highway 16 as it -- as that alignment comes into -- and they make progress on getting that up towards the I-84. That's probably the comdor that we will be looking at. So, it is out there, you know, a number of years in the future. So, that kind of just gives you a snapshot of what we are looking at and some of the big ticket items that we are being faced with. We are still adding a lot of load in the Treasure Valley, about 50 mega watts a year, which is about the amount of power that the city of Eagle draws every year, is being added to the Treasure Valley. So, we are in the process of bringing in -- we are not going to be siting any generation in the area, so transmission lines are going to have -- how we are going to have to get it into -- into the area. Which kind of brings me to a point I just wanted to touch on real briefly as far as economic development. You know, a lot of this we are -- we are situated very well in the -- in and around the City of Meridian to accommodate load additions. There have been a number of customers circulating around and asking questions that are a huge power -- huge power consumers. I mean hundred plus mega watts, which is, essentially, a power plant in itself to do that. We are not at the point where we have, you know, that kind of surplus line idle to do that, so in the event that one of those large customers comes to you and says we want a site, they need to be talking to us years in advance, essentially, in order for us to accommodate, you know, hundred mega watt type customers. So, it really does put a different type of -- you know, it's a whole different type of customer than what we are, you know, accommodating on a day-to-day basis, that's for sure. So, just to kind of give everyone a heads up along the line on anything that's circulating along that, if you hear, you know, large consumers, anywhere ten mega watts and above, we really need to know right away to be able to partner with you in that regard. Just a couple of the other things that are going on. We are in the process of siting a new operations center over on -- we are going to call it the north river operation center. It will be located Can-Ada Road and Highway 44 to serve those customers up in that area, just to kind of give you an idea of how big our service territory has grown in this area and we are also looking atone in southeast Boise eventually. We still have a number of crews working in the Meridian area, not only Idaho Power crews, but a number of contractor crews. If you can help us be eyes and ears and make sure if you see anything that's being done unsafe out there, please, let us know. And in compliment to that, if you see, you know, that they are going a great job and they are being safe, we'd appreciate hearing about that, too. We do have a lot of activity still going on. As you probably have recognized by the number of subdivisions -- it has slowed a bit, but we are still adding an awful lot of customers to the Treasure Valley. The other thing I just want to compliment Will's office on the notifications that we have been getting as far as the notices and the customer additions and annexations to keep those -- that accounting part accurate. I think that's -- we have been tweaking that over the last years, I think it's working quite well right now. So --and Meridian City Council September 25, 2007 Page 43 of 66 the only other thing -- and the last thing I saw on this agenda was vacations of utility rights of way. Just a caution. We still -- you know, there is -- the neighborhoods and business areas and downtown areas are -- we have a lot of those utilities are going underground and the developers are paying to have that -- those facilities placed underground. As we get crowding -- the property lines and zero lot lines and start vacating those, it does create issues for us as far as accessing devices. So, just don't want to get ourselves painted in the comer where we can't get to those devices, so I'd just ask your consideration to take into consideration placement of this essential service and these essential devices when approving utility vacations and things like that. Those are -- corridors are precious to us and we look at these transportation comdors, railroad comdors, anywhere we can to put, you know, to joint use those corridors with overhead, especially in the transmission category lines that we are having to build, so -- I asked around, no one had any issues that they -- from the company that they wanted to bring up with the city, that everybody is very happy doing business here. We appreciate your business and we appreciate we are doing business in the City of Meridian. So, if you have any questions forme, I'd certainly, you know, stand to answer those. If not, I can certainly -- if I can't answer them, I'd certainly take them back to subject; matter experts within the company. De Weerd: Thank you, Layne. Any questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Layne, we have got a process, I guess, going to facilitate the transportation development that's going to be occurring here in the next couple of years and it's a transportation coordination project and I don't know if you have been contacted, but one of the things we are trying to do is get all of the providers of transportation, whether it's surface vehicles, utilities, or whatever, so when and -- if and when Ten Mile interchange starts and when Ten Mile goes under construction and all those kinds of things start happening, Idaho Power or somebody isn't out in the middle of that messing up the surface network of streets, so nobody can get east and west. So, would you be the right contact with Idaho Power to get -- you know, not necessarily specific at this point in time, but what your plans are going to be over the next probably five years, as close to timing as you can get it, so we can -- we are starting to build an overlay of this stuff, so we can see who is going to be there, when you need to be there, what kind of things we need to accommodate in advance, so we don't have a train wreck. Dodson: Madam Mayor, Councilman Rountree, yeah -- yes, I would probably be the starting point -- Rountree: Okay. fir.. Meridian City Council September 25, 2007 Page 44 of 66 Dodson: -- to facilitate that and, then, probably would hand that off to our planning -- planning department. We do have a number of planning engineers that would -- that do ride herd on those type of projects and processes. Rountree: And I don't know if you have heard of this activity yet, but, hopefully, somebody from Compass has contacted you. Dodson: Right. Rountree: Okay. De Weerd: And if you don't hear from them, contact them. Dodson: Okay. De Weerd: We just want to make sure that the coordination is -- works and that goes with our own public facilities -- or utilities as well, being sewer and water, because I know with the road activity and some of the utility work, having a road closure is a killer when there is another one nearby. Dodson: Right. We appreciate -- appreciate that. We are getting -- we are on the notice list and most of those are coming to me and I also notice that they do go to our system engineering also. So, I think we are getting noticed in a couple of different areas on -- on projects that come through the city and so I think the communication is working quite well, but these are issues that they pop up and, like you say, road closures and any type of transportation snafus are felt far and wide. Matt made a good comment, you know, all things roundabout. I thought that was rather clever, but, you know, things like that -- even like roundabouts that -- when we have those, it does change the type of construction that we do, because we typically intersect at an intersection and so when you do build a roundabout it's does have impacts on the electrical infrastructure that's in that area also. So, it's nice to hear, you know, what's going on, what's being -- what's being proposed and as we can get a heads up on that, that's good for us. De Weerd: I think that Councilman Rountree has been kind of leading the charge in coordinating some of this and what's anticipated on 1-84 and how that's going to impact the local roads, we are just trying to avoid to -- as much degree as possible the flow of traffic. Dodson: It might be worthwhile to have a sit down and just kind of go through that and kind of coordinate the maps and show where our major projects are going to be and align them with the transportation projects that are coming up. We do similar Meridian City Council September 25, 2007 Page 47 of 66 De Weerd: It's only 9:00 o'clock. Evans: Well, we may need extended hours, because getting the extended hours, so somebody in City Council or a meeting can go there, you know. A lot of the models of our park and Anytime Fitness is, you know, neighborhood convenience and it's had a pretty good effect and I know you guys have looked at neighborhood business parks for dental, insurance, people don't have to drive as far, it's close to their house, you have heard that before and Anytime Fitness's model is not to try to compete with big gyms, so they don't normally locate up on Fairview Avenue or in areas where there is high traffic congestion, because their --their clientele are people that want convenience and usually live near the gym. So, they don't drive a long ways to these gyms. The other reason that we get people in these parks is they usually live in the area. This tenant happens to live in the area and so -- our dentist lives in the area over there, insurance guy lives in the area, and so they like to have the business near their home and that helps, too. De Weerd: Sir, what we don't want is testimony, so keep it to your request -- Evans: Well, what do you want me to say? What can I do to -- Nary: Sir, what it appears by your letter -- unless you have more information to provide this City Council, is that they had raised particular concems and when they -- when they heard this project and denied it, the -- it appears from your letter what -- what you're asking is to reconsider this, because you may be able to address those concems that they had, if you have another opportunity to hear it and that's -- the extent of what your testimony at this point needs to be -- unless you have something more general than that, you really need to confine it to that. Evans: Well, I think the reason to rehear it is if -- if your concems -- and you need to ask me those concems, maybe I could address those and you could decide whether you would like to hear it. Nary: No. They need to decide to have a hearing and, then, they can have a hearing and ask those specific questions. Evans: Those specific reasons -- and I'm asking for the hearing based upon that I think that we can address the concems that may be, as I understand it, some of the reasons for the denial was the 24 hour setting precedence for a zoning that was not 24 hours. And -- and so we are not going to ask for 24 hours, but we feel that we could address the concems of the Council and Mayoras it would apply to adding the additional the time in order to give them an opportunity to compete with the bigger gyms by allowing extended hours. Meridian City Council September 25, 2007 Page 48 of 66 De Weerd: Councilman Rountree, did you have a specific question? Rountree: No. I just wanted hear on the record, in addition to the letter that's in the record, that they feel they can address the specific issues that were brought up and so -- De Weerd: Thank you. Rountree: -- I have heard that and appreciate your comments. Evans: Thank you. De Weerd: Thank you, sir. Council, any further information needed? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'll move that we reconsider the Anytime Fitness request, given the new information, namely, they are going to provide to address our specific concerns and that the additional hearing costs be borne by the applicant. Bird: Second. De Weerd: I have a motion and a second to reconsider the consideration. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. So, it will be reset for a Public Hearing through the clerk's office. Rountree: And just a point we always make on these, it's no guarantee that we will go for it the second time either, but we will hear it again. De Weerd: Thank you. Nary: And Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council September 25, 2007 Page 49 of 66 Item 10: Findings of Fact and Conclusions of Law for Denial: AP 07-008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: Item 11: Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Nary: And, Madam Mayor, Items 10 and 11, the Council can by voice vote simply vacate both of those items and, then, we will see what the results are. Bird: Can we do it at the same time? Nary: You sure can. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we vacate Items 10 and 11, AP 07-008 -- Rountree: Second. Bird: -- and CUP 07-015. Rountree: Second that as well. De Weerd: Thank you. I have a motion and a second on Items 10 and 11. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: MDC Proposed Fees In Lieu of Parking Policy: De Weerd: Item 12 is a Public Hearing on the MDC proposed fees in lieu of parking policy and since I don't see the MDC administrator, I'm not sure who should -- I will open the Public Hearing and -- • Meridian City Council September 25, 2007 Page 50 of 66 Berg: Madam Mayor, if I could just say that this was a hearing that you set forth for us to notice. It did not meet any requirements as a Public Hearing, but we wanted the opportunity for the people to have a time to voice their opinion. De Weerd: Is there anyone here who would like to voice their opinion on this item? No? Council, I believe you have gotten some preliminary information on this item and would look for your preference at this point on how to move forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Two of us sitting here have already voted on it at the MDC level. De Weerd: Well, that doesn't mean anything in -- Bird: No. I know here. De Weerd: -- to this Public Hearing. Borton: Madam Mayor? How did you vote? tf I recall in questions -- Bird: I was a no. Borton: -- in questions to legal counsel is that the Council also heard this, didn't take action, because we wanted -- although not required -- to have another Public Hearing -- AdministratorWardle had made reference to a couple Public Hearings he had through the MDC role, to get information and develop this policy. We offered this additional opportunity just to error on the side of more input. Wasn't the direction, then, that if there wasn't any testimony we close the hearing and bring it back for formal adoption? Nary: Madam Mayor, Members of the Council, Councilmember Borton, I mean you're correct. If I recall -- and I don't have the specifics, because it's not in the packet, but when I reviewed the documents from Mr. Wardle -- and Mrs. Canning maybe could help me through this -- I don't -- I think what we are talking about is a policy that our ordinance does grant the authority of the administrator for planning to allow people as altemative compliance for parking to be able to provide some other means of compliance. So, we are not talking about a specific fee that would normally have to be noticed of X dollars per space, we are talking about a fee altemative in lieu of having to provide the actual parking on the site. Am I not correct? Because that's the reason I think we didn't notice up a fee hearing, because we are not charging an X -- a set amount, we are charging in relation to what the proposed use is, what the other Meridian City Council September 25, 2007 Page 51 of 66 available parking is, what the alternatives they are proposing on site, as well as off, and that's all within the confines of our ordinance currently. Did I get that wrong? Canning: Madam Mayor, Members of the Council, no, Mr. Nary did not get it wrong. It - - to boil it down, it -- to enact the policy as Mr. Wardle presented it the other night, I would be only accepting parking in lieu fees for the Old Town district as an alternative compliance. That would be the first component. The other one is that I would only look at new square footage in applying the parking ratios, not the existing square footage. So, there was a -- there was two parts to that altemative compliance. One, that I would only look at in lieu fees and, two, that I wouldn't count the existing square footage, only new square footage. And we can follow up with code amendments to that effect certainly. It does allow me to do that administratively right now, but we can follow up with a code amendment if that's Council's desire as well. De Weerd: Council, are you -- at least the next steps, what would be your preference? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Seeing how we advertised it, nobody shows up, I move we close the Public Hearing on the proposed fees in lieu of parking. Rountree: Second. De Weerd: I have a motion to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Mr. Nary, did you have anything to add? Nary: Madam Mayor, Members of the Council, if it's the Council's desire to go forward, what we could do at your direction is, then, work with the planning department, my staff, and Mr. Wardle, to come up with a resolution that you can, then, approve, so that staff has a guideline in which to point to or to follow, so that when applicant's do come forward want to know when did you ever decide this, we would have a resolution, rather than pointing back to minutes. That would probably be easier and we can work on the specific wording with Planning and the MDC to get that back in front of you in a couple of weeks. De Weerd: Okay. L ~ Meridian City Council September 25, 2007 Page 52 of 66 Borton: Madam Mayor? De Weerd: Yes, Mr. Gorton. Gorton: I would move that we approve the proposed -- excuse me -- we approve the fee in lieu of parking policy and, as Mr. Nary has suggested, have staff bring back a resolution for formal adoptions outlining the specifics of the policy. De Weerd: Do I have a second? Rountree: I will second, but I have got a question. De Weerd: Discussion? Rountree: We got an initial bid and information on this and Bill and Anna have provided some clarification or -- or your comments in addition to -- additive to some of the preliminary documentation that Shaun provided us? Canning: Madam Mayor, Members of the Council, Councilmember Rountree, I think redundant would be the appropriate word. Rountree: We don't have a -- we don't have a recommendation from MDC, do we? Borton: Madam Mayor? That's a good question. MDC reviewed it, went through the public hearing and did formally adopt it. Rountree: Okay. Borton: I believe it was in August that they did that. Rountree: So -- and I'm just saying this in order to recognize their existence, should we maybe get on the record that MDC has forwarded that recommendation to Council for consideration as an item before we just move to adopt? Kind of like recognizing P&Z or any other commission that exists, they have a recommendation they bring to us. I don't want to drag this out, but I don't want to just -- Gorton: Madam Mayor? Rountree: -- act like they don't either. De Weerd: Yes, Mr. Borton. • Meridian City Council September 25, 2007 Page 53 of 66 Borton: That's a good point. I don't know if that's language we can incorporate into the resolution, which outlines the chronology of events and I believe it was MDC's request upon completing the review and adoption to, then, forward it to Council. In fact, I think they have to -- forward it to Council for our approval, so this is, in fact -- Rountree: And that would be good language in the resolution. So, if the maker of the motion would specify that that also be the intent of the resolution and so specify -- Borton: So moved. Rountree: I would second that as well. Borton: Okay. De Weerd: Any further discussion or clarification needed? Rountree: I have none. De Weerd: Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 13: Public Hearing: 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 -SEC of S. Stoddard Road and W. Overland Road: De Weerd: Item 13 is a Public Hearing on VAC 07-011. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Queenland Acres vacation. It's located on the southeast comer of Overland and Stoddard. The requested vacation is three days in Disney -- no, I'm sorry, a ten foot wide public utility easement platted on Lots 1 through 12 of Queenland Acres Subdivision. The outstanding issues before Council -- the Public Works Department has no opposition to the proposed vacation of easements -- hold on just amoment -- adjacent to the side and rear lot lines. However, the City of Meridian and Qwest Communications would like to keep all easements along Stoddard and Overland until such time that the applicant provides the new easements for all utilities installed with the Queenland Acres project and the Overland Road expansion project has been completed. So, staff • Meridian City Council September 25, 2007 Page 54 of 66 • recommendation is to approve. We do have the necessary relinquishments for the side and rear lot lines. De Weerd: Thank you, Anna. Council, any questions? Bird: I have none. Rountree: None. De Weerd: Any testimony from the public? Council, seeing no further testimony, do I have a motion to close? Bird: So moved. Rountree: Second. De Weerd: I have a motion and a second to close item -- the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 07-011 and incorporate all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 13. If there is no discussion - Canning: Madam Mayor? De Weerd: Yes. Canning: Can I just for clarification -- perhaps if we could have the maker of the motion specify that that's just for the side and rear lot lines, that might be helpful. Rountree: Of the vacation? Bird: Yeah. So, as you stated would be incorporated, Anna. Meridian City Council September 25, 2007 Page 55 of 66 Canning: Thank you, sir. Rountree: Second agrees. De Weerd: Second agrees. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Tabled from September 18, 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: Request to be tabled to October 2, 2007 De Weerd: Item 14 has been requested to table from -- further to October 2nd. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move we table Item 14 until October 2nd, 2007. Bird: Second. De Weerd: I have a motion and a second to approve the request to continue to October 2nd. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: FP 07-029 Request for Final Plat approval for 24 single-family building lots and 4 common lots on 7.56 acres in an R-4 zone for Eastwood Subdivision by Wirt and Francis Edmonds - 4515 S. Locust Grove Road De Weerd: Item 15 is FP 07-029. I will open this item with staff comments. Canning: Madam Mayor, we do have a letter from the applicant stating they are in agreement with the conditions of approval and the final plat substantially complies with the approved preliminary plat. De Weerd: Thank you, Anna. Council, anything further on this? i Meridian City Council September 25, 2007 Page 56 of 66 Rountree: I have none. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve Item 15, FP 07-029. Bird: Second. De Weerd: I have a motion to approve Item 15. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Ordinance No. 07-1339 RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Vallev Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: De Weerd: Item 16 is an ordinance number 07-1339. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1339, an ordinance finding that Valley Shepherd Church of the Nazarene, the owners of certain real property has made a written request for rezone of the zoning classification for real located in the northeast quarter of the southeast quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, rezoning the land use zoning classifications of said lands from R-8 to C-G 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 of the rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? I'm sure it's really exciting reading, too. Seeing none, Council? Meridian City Council September 25, 2007 Page 57 of 66 Bird: Madam Mayor? De Weerd: Mr. Bird. C~ Bird: I move we approve ordinance 07-1339 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve this ordinance 07-1339. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Resolution No. 07-578 New Meridian Buildin4 Fees: De Weerd: Thank you. Item 17 is ordinance number 07-1 -- or, I'm sorry, not one -- 578 on the new Meridian building fees. Council, any questions? Comments? Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution 07-578. Rountree: Second. De Weerd: I have a motion and a second to approve Resolution 07-1 -- 578. I don't know why I keep wanting to put a one in there. Rountree: Without the one. De Weerd: Without the one. Bird: You think it's an ordinance. De Weerd: And I didn't think it was late. Bird: That's okay. I tried to make the ordinance a resolution. De Weerd: If there is no discussion, Mr. Berg, will you, please, call roll. L~ Meridian City Council September 25, 2007 Page 58 of 66 • Berg: Thank you, Madam Mayor, Members of the Council. This is an ordinance ratifying the City Council's approval of the building department fee changes providing effective date of November 1st, just so you know and it's on the record. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Resolution No. 07-579 Approving Amended By-Laws of the Parks $ Recreation Commission and Appointment to Seats: De Weerd: Thank you. Item 18 is resolution 07-579. Mr. Berg, if you want to read this by title. Berg: Thank you, Madam Mayor, Members of the Council. This is resolution 07-579, a resolution of the Mayor and Council of the City of Meridian approving the amended by- laws of the Meridian Parks and Recreation Commission appointing commissioners to designated seats and providing an effective date. De Weerd: Thank you. Council, any questions on this item? Mr. Nary, did you have something? Nary: Go ahead. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have one thing on this -- not only this resolution, but the next resolution. I think some of these things that we need -- we need to, as a Council, be a little more specific with our ordinances, dating these things. I know this -- this one did have that at one time, designating seats and stuff and -- but also on the other -- because it's so much easier for a person to pull a resolution to see what the Commission has done and stuff -- it's too late now on these two I feel, but -- and very rarely do they look up resolutions, because they -- once they see the ordinance they think that covers everything. Well, we've got a resolution to it. So, we just need to be more -- I believe we need to be more diligent when we make out our ordinances and in the parks we did have designated seats originally and, then, that didn't seem to work out, so we changed it, and now we are going back to it and I think it's a very very good idea. Nary: Madam Mayor? r L_ Meridian City Council September 25, 2007 Page 59 of 66 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, what I was going to add I guess to your discussion, since we actually planned on bringing one of these also for traffic safety commission, your current ordinances have the structure of the commission, the membership, if there is specific residency requirements for a particular commission, then, those are all contained in the ordinance and Mr. Bird is right, that, you know, powers, duties, responsibilities, what we should do is include in that ordinance that there are rules and operational requirements that the commission themselves will define. How the meeting is run, how the meetings are operated, those types of things and that's what the by-laws are meant to cover. So, we could certainly amend those sections of the ordinance that would include that. So, again, if a person was interested in serving in those commissions, then, they would know that there are rules in the ordinance and there are additional rules as well as to how they are done and it can be somewhat cumbersome sometimes if you want a real clean ordinance to have seats and designated seat numbers and all that, because you're going to amend them from time to time or you may -- especially on the commissions that have an open amount of citizens that could serve on them. Some of our commissions say up to nine members, sometimes you may only have five or seven members at a particular point. So, we could certainly include that in an ordinance revision and bring that back as well. The traffic safety one you will see we did have a discussion at the last month's meeting. We have been having these ongoing discussions with parks and the arts commission, since the arts commission came into place and as well as parks. What I did notice when we looked up the citizen representatives on the traffic safety commission -- Ms. Gabriel I think has been on since 1998. The other two citizen members have been on since Mayor de Weerd's been in office, so over the last four years. So, it's not real clean that they match up with the time period. So, we are going to make sure that that's cleaner, bring that back in front of you like these, it will tell you which persons are in which seats, what their expiration dates are. We will work with the clerk's office to make sure they make sense. But we could certainly add that to the ordinances, so that, again, it's clear there are rules that those commissions operate by that aren't necessarily going to be written out in the ordinance, but can be changed from time to time as necessary. Bird: Spoken much better than me. Nary: Just more legalese. That's all. Just more legal mumbo jumbo. De Weerd: That's what -- and that's what you said; right? Nary: Yeah. Bird: That's what I said, yeah. He just -- • Meridian City Council September 25, 2007 Page 60 of 66 Nary: That's what I thought you said. Bird: -- expounded on it. Berg: Madam Mayor? De Weerd: Yes. Berg: If I could make a couple comments. On a different perspective, I think an ordinance is the reference that most citizens come and look at, because those are the laws of the city and some of our ordinances describing what the City Council does and when they meet and what their offices are, as well as the Planning and Zoning Commission, those are two prominent commissions, but I think there should be some consistency with some of those things with these other commissions, especially when we keep adding more and more commissions for specific activities that we want the city to look at and have more citizen input. I think some consistency in the citizens being able to go to that ordinance and find out when they meet on whatever basis it may be, monthly or twice a week or whatever, is a better reference than trying to find a resolution and how you make sure you keep that up to date. I know that some people may think that you're always recodifying the ordinance book, but now in the electronic age you can do so many more word searches and find out information faster than I guess going through pages of resolutions to find out what by-laws are the most current for that commission. Another avenues that I'd like to do is put a little bit more standard in the way they do agendas and minutes and order of business, so it's not too randomly selected. I think there is some consistency that I think should be brought out throughout all commissions, but every commission has a little bit different variance of what work they do. But I think there is some consistency. And I guess I say this on the platform after attending the conference last week, that the real history of the city is in the minutes of all these commissions and the City Council and it's really important to keep those together, so that you can determine what events happened to create the city and community that we live in. So, on that basis I'd just like to keep more structure in the ordinances that we can, so that we can at least point those to things and it's a little bit easier paperwork and tracking and word searching for those citizens. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Nary: He sounded almost like an attorney. Meridian City Council September 25, 2007 Page 61 of 66 Bird: He must be an attomey. It takes him longer than the attomey to say the same thing. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I agree with everything I have heard. Bird: I do, too. Nary: Spoken like a true politician. Bird: And I think that's something we need to look at at the deal, but -- anyway, Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance -- resolution -- I'm in ordinance - 07-579. Rountree: Second. De Weerd: I have a motion and a second to approve Item 18 -- you didn't approve 19 as well; right? Bird: We didn't read 19 as well. I would be glad to if you would have read it. De Weerd: No. That's all right. Any discussion? If not, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 19: Resolution No. 07-580 Approving By-Laws of the Meridian Arts Commission: De Weerd: Item 19 is a resolution 07-580. I will ask the city clerk to read this by title. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance -- or, excuse me, resolution 07-580, a resolution of the Mayor and City Council of the City of Meridian approving the initial by-laws of the Meridian Arts Commission and providing an effective date. Meridian City Council September 25, 2007 Page 62 of 66 De Weerd: Council, you have heard this read by title. Are there any questions? Or are the same comments applicable from the last item to this? Bird: Madam Mayor, that would be the same comments on my part. De Weerd: Thank you, Mr. Bird. Do I have a motion? Bird: I would -- Madam Mayor? De Weerd: Yes. Bird: I'd move we approve resolution 07-580. Rountree: Second. De Weerd: I have a motion and a second to approve Item 19. If there is no discussion, Mr. Berg, will you call role. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 20: Ordinance No. 07-1340 AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner- Ahlguist Gateway South by Ahlquist Development, LLC -Southeast Comer of Franklin and Eagle Roads: De Weerd: Item 20 -- and I assume that we have a high school student in the back with us and you have lasted through the most boring part of our agenda. So, after you hear the reading of this by the only, I will offer you a City of Meridian pin that hopefully will eam some extra credit in your government class, which I'm sure you're hear tonight for. Rountree: Scout? Bird: Scout? De Weerd: No? Eagle scout. Very good. Well, it should eam you an extra star or something. So, Mr. Berg, will you, please, read this ordinance 07-1340 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance 07-1340, an ordinance for annexation of property being a portion of the northwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Meridian City Council September 25, 2007 Page 63 of 66 Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 to C-G 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 of the rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, hearing none - Rountree: Madam Mayor? De Weerd: Council? Rountree: I move that we approve Item 20, Ordinance 07-1340 with suspension of rules. Bird: Second. De Weerd: Thank you. I have got a motion to approve Item 20. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Gorton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Council, I -- oh. I do have a City of Meridian pin to offer our future Eagle Scout. So, if you would like to come forward, Iwill -- thank you for your diligence in listening to all of those readings. I wish you luck. Berg: Nice shirt. Nice shirt, right, Keith? Nice shirt? Bird: Yeah. What? Stand up -- De Weerd: We do have the big game, you know, the Mavericks and the Warriors this weekend. Bird: Stand up a minute. You're not going to wear that Friday night are you? I got a good one for you to wear. It says Warrior. Have you got an Eagle -- excuse me, Tammy. Can lask -- • • Meridian City Council September 25, 2007 Page 64 of 66 De Weerd: Uh-huh. Bird: Do you have an Eagle project? Are you? If you -- if you would like to call -- or see that gentleman sitting back there, leave him your name and number, I might have one for you, with a couple other kids when we get done moving a building. Okay? De Weerd: Yeah. Our Pine Street School. That's a great idea. Council, just two items before we go into Item 21. I don't know how many of you know Jerry Knox. He is the -- he was the Meridian Senior Center president for a number of years. He had a very serious heart attack awhile back and his family met with the doctors today and they will be taking him off his feeding tube and so certainly -- Bird: They are what? De Weerd: They are taking him off his feeding tube. The prognosis I think is very serious and doesn't look good, but the family would appreciate your prayers and just wanted to give you an update and let you know. Also, on a more brighter note, our city clerk has earned a very distinguished award, the James Weatherby Award that's offered to the top city clerk in the state of Idaho and he was awarded this last week during their conference and while I'm really imtated by the Association of Idaho Cities that they didn't notice --give us notice, so that we could be on hand when he was presented this very distinguished award, we congratulate you, Will, and say for a job well done, well deserved, and I just wanted you to know. Bird: Thanks, Mayor. Rountree: Congratulations. Berg: Thank you. De Weerd: Keith should be offering you some candy. I think he does that with all of our -- Bird: What do you mean? He's got enough candy. Item 21: Executive Session per Idaho State Code 67-2345 (1) (a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) and (f) - (to consider and advise its legal representatives in pending litigation): • Meridian City Council September 25, 2007 Page 65 of 66 De Weerd: Item 21 is an Executive Session. Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we go into Executive Session per 67-2345, paragraphs (1)(a) and (1)(f). Bird: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Move to adjourn. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. • Meridian City Council September 25, 2007 Page 66 of 66 MEETING ADJOURNED AT 11:25 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: \ ~,,,,,,,,,,,,;, MAYOR MY de WEERD ~~ ~:~;~~ ATTESTED: s, ~~w ~oil~ii d7 DATE APPROVED G. BERG. JR.~CITY~CLERK September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of August 28, 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: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe Cify of Meridian. COMMENTS September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of September 4, 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: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS See Attached Minutes Materials presented at public meetings shall become property of the Cty of Meridian. L J • September 20, 2007 PP 07-011 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Ustick Marketplace, LLC ITEM NO. Jr-C REQUEST Findings for Approval -- Request for PP approval for 18 Commercial bldg lots on 18.5 acres in a c-g zone for Paramount Commercial Southwest -northeast corner of North Linder Road and West McMillan 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: Contacte~: ~ ~ ~ Emailed: hA»'Ir~~~.,~.SG/.t.st~ Materials presented at COMMENTS See Attached Findings r0'~ G ~ry~ /~/O / Phone: ,,~ ! ~ - ~f (~C7U lff Initials: properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 5~ ~sa ,~ ~,. I f t ~ i ~ ~, { ~ , e'P'~ ~ra~ ~~ . ~~ d ,~:ti,-'~ ~ ,,4~e~ '~~ j_ 9,,_ ap~.n1 ,. In the matter of the request for Preliminary Plat approval of 18 commercial building lots on 18.5 acres in a C-G zone and Development Agreement modification to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C-G & L-O zones Case No(s). PP-07-011 & MI-07-007 For the City Council Hearing Dates of: August 14, September 4, & September 11, 2007 (Findings on the September 25, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 11, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 11, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 11, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 11, 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). 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-OI 1 & MI-07-007 -1- • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of September 11, 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped and dated by Darin Holzhey on September 5, 2007, is hereby conditionally approved; 2. The Applicant's request for a modification to the Development Agreement is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 11, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-011 & MI-07-007 -2- • • 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. 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 11, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-011 & MI-07-007 -3- n B action of the City Council at its regular meeting held on the 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIItD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, Attorney. U 2~~ day of VOTED I~~d~~' VOTED__~~~liti VOTED__~~1~' VOTED_ '~~~~'' VOTED .csur \\\e\1Vi,~on~T ®~'sde Weerd c~ 0 ~~ ~- ~. ~~~~ ~~ ~~ r 1~~ . ~~ e~~~, O,O <~ The Pl~~arif~nt, Public Works Department and City B Dated: ~- ~~ -~~ City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-011 & MI-07-007 -4- • CTI'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 STAFF REPORT Hearing Date: September 11, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Paramount Commercial Southwest • PP-07-011 3 ;' _.,, _,~".E,~ _,..Y ~ ~ ~n; f '~ crr+r~r~~ I~"~t,~4~_, T.~ ; _ _ ~ , ~ ~~ ~~~o ~ ~ ~ -,~- fix; ` Preliminary Plat for 18 commercial building lots on 18.5 acres in a C-G zone • MI-07-007 Development Agreement modification to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C-G and L-O zones Update: The City Council originally heard this item on August 14`x. At that meeting, the Council requested that the Applicant submit a revised preliminary plat that shows street connections that match the concept plan. The Council's general concerns were that the concept plan, the plat, and ACHD's requirements did not coincide. The Applicant has submitted a revised preliminary plat prepared by Mason & Stanfield, stamped and dated on August 31, 2007 by Darin Holzey. Staff has reviewed the revised plat, which now depicts a public street extending into the site from the stub street at the east property boundary from Paramount South 60 Subdivision and connecting with Linder Road in alignment with W. Deer Crest Street at the west boundary, as requested by the Planning Departritent; Further, the northernmost right turn only access, originally proposed between the two full-access points on Linder Road, has been removed, per the Planning Department and ACHD's request (the Planning Commission modified condition 1.2.3 to allow this right-in/right-out on Linder-this condition should be modified to reflect the current access points shown on the revised plat). The revised preliminary plat shows anorth/south driveway located near the east property line. The Applicant should revise the plat to depict the north/south driveway to connect to W. Deer Crest Street as a private street: Staff believes that this access should be a private street for addressing purposes of the internal lots. This private street should be shown on the plat as either a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties (condition 1.2.9 in Exhibit B of this staff report should be modified as follows: "The Applicant shall eztend the stub street at the east boundary from Paramount South 60 Subdivision, as a public street to align with eithev Deer Crest at the west property boundary. the-ether A north-south private street shall be constructed as a private streets in accordance with the standards listed in UDC 11-3F-4 and shall connect to McMillan Road from W. Deer Creek Street. Submit a private street application for review and approval prior to or concurrent with final plat submittal. (The other driveways in this development may be constructed as driveways and are not required to be constructed as public or private streets.)" Except for the analysis above and including the revised preliminary plat to Exhibit A, this staff report has not been modified from the previous hearing. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ustick Marketplace, LLC, has applied for Preliminary Plat (PP) approval of 18 commercial building lots on 18.5 acres in a C-G zone for Paramount Commercial Southwest. Concurrently, the applicant is requesting approval to amend the Development Agreement to remove the conditional use permit requirement and require design review approval instead for all commercial Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 development in the C-G zone. The site is located on the northeast corner of N. Linder Road and W. McMillan Road, in the southwest 1/ of Section 25, Township 4 North, Range 1 West. This property is currently referenced as Assessor's Parcel Numbers 50425336087 & SO4253360409. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City. 2. SUIVIlVIARY RECOMMENDATION The subject applications (PP-07-011 & MI-07-007) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the PP & MI applications. Staff is recommending that the PP & MI applications be approved with the conditions listed in Exhibit B of the staff report. Note: The Commission is not required to act on the Development Agreement modification request (MI-07--007). The Meridian Planning & Zoning Commission heard the PP request on July 5, 2007. At the public hearing they moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Michael Marcheschi & Jay Walker, Brighton Corporation (Applicants); Scott Stanfield, Proiect Engineer ii. In opposition: None iii. Commenting: Brad Moulton; James Durst iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Caleb Hood, Scott Steckline b. Kev Issue(s) of Discussion by Commission: i. The inconsistency between the proposed preliminary plat and conceptual site Ip aII; ii. The extension of the stub street as a public street from the east property line to the west property line; iii. Proposed access points to Linder & McMillan/ACHD approval of access points (comments were not received from ACRD prior to the hearing); c. Kev Commission Change(s) to Staff Recommendation: i. Allow northern right-in/right-out access point proposed on Linder Road. d. Outstanding Issue(s) for City Council: i. ACRD did not approve the northern right-in/right-out access point proposed on Linder Road (ACRD comments are now included in the staff report) Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 f. 1, amens conauon i ~ y iu r ~uuw ~wu wnccui uiau~: " " ll ll not be t h rtb/ th i t t d h ii. Con A cept Plan is o fo a sou ur va e s_ re~ e no we . t ~eguire d as depicted in Pl an "A " (modify condition 1.2.9 accordin~lvl: an iii. Modify condition 1. 2.3 to reflec t the access points shown on the revised fat. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-07-011 as presented in the staff report for the hearing date of August 14, 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-07-011 as presented during the hearing on August 14, 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- O11 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/Location: Northeast corner of N. Linder Road & W. McMillan Road SW % of Section 25, Township 4 North, Range 1 West Tax Parcel: 50425336087 & 50425336040 b. Applicant: Ustick Marketplace, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 c. Owners: Same as Applicant; and Jan Peterson 5120 N. Linder Road Meridian, ID 83646 d. Representative: Michael Marcheschi, Brighton Corporation e. Present Zoning: C-G (General Retail and Service Commercial District) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting preliminary plat approval for 18 commercial building lots on 18.5 acres of land in a C-G zone. Concurrently, the Applicant is requesting a modification to the existing Development Agreement (DA) that required all future commercial, townhouse, and multi-family uses to obtain CUP approval prior to development. The Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 3 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 Applicant proposes to amend the DA to remove the CUP requirement for all commercial development in the C-G zone and replace it with a requirement for all commercial development to be subject to Design Review by Planning staff instead. Another option for the modification would be to allow for Design Review of proposed buildings if they were smaller than 50,000 squaze feet and anything over that size would require a CUP for site plan review only and not for permitted uses. (See Applicant's narrative submitted with the application for more information.) 1. Preliminary Plat, labeled Sheet 1 of 1, prepazed by Mason & Stanfield, Inc., dated 4/12/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheets L1.0, Ll.l, & L1.2, prepazed by The Land Group, dated 4/13/07 (attached in Exhibit A) h. Applicant's Statement/Justification: The Design Review process would allow a more relevant and efficient evaluation of each proposed commerciaUretaiVoffice building in the development. Under the current CUP requirements, the Owner/Developer would be required to either, 1) know all the potential users and designs of all buildings and layout in a development before applying for a CUP (almost impossible in commercial development) or 2) apply for a CUP for each and every building, one by one (very inefficient and demanding of City staff and officials). By approving a modification to the DA that would allow Design Review approval instead of CUP approval, the intended objective of both processes would be met but with greater effectiveness and savings in time and resources for all parties involved. (See Applicant's narrative submitted with the application for 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. The subject application will, in fact, constitute a development agreement modification. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. c. Newspaper notifications published on: June 18, 2007 and July 2, 2007 (Commission); July 23, 2007 & August 6, 2007 (Council) d. Radius notices mailed to properties within 300 feet on: June 12, 2007 (Commission); July 19' 2007 (Council) e. Applicant posted notice on site by: June 22, 2007 (Commission); August 5.2007 (Council) 6. LAND USE a. Existing Land Use(s): There is currently a residential home and associated outbuildings on the site. b. Description of Chazacter of Surrounding Area: There are existing single-family homes in Fulfer Subdivision to the west, and rural residential properties to the north and east of this development. A commercial development has been approved as pazt of Fulfer Subdivision across the street on the northwest corner of Linder and McMillan. The rural residential property to the east will be redeveloped with single-family residential homes at urban densities as part of Pazamount South 60 Subdivision. c. Adjacent Land Use and Zoning: Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 4 • • C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 1. North: Rural residential property, zoned RUT (Ada County) and high school (under construction), zoned R-8 2. East: Approved for single-family residences (Paramount South 60 Subdivision), zoned R-8 3. South: Rural residential property, zoned RUT (Ada County) 4. West: Single-family residential homes & future commercial uses, zoned C-G d. History of Previous Actions: • This property was annexed as part of Paramount Subdivision in 2004 (AZ-03-006). A Development Agreement (Instrument No. 103137116) was also recorded at that time that included the subject property. • This property was included in the preliminary plat (PP-03-004) for Paramount Subdivision as Lot 57, Block 3 that was approved in 2003. • This property was included in the planned development (CUP-03-008) for Paramount Subdivision that was approved in 2003. This property was designated on the conceptual site plan for retail/office uses. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property will service to the existing sewer in Paramount South 60. Location of water: Water for this project will be provided from N. Linder Road and W. McMillan Road. Issues or concerns: The applicant shall be responsible for water main installation from W. McMillan Road to the intersection of N. Linder Road. 2. Vegetation: There are some existing trees around the home at the northwest corner of property. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: No major facilities are located on this site, however 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: 18.5 +/- acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 18 3. Total Building Lots: 18 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 18 7. Open Lots: 0 8. Residential Area: NA Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 5 • • Crl'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER I I, 2007 9. Gross Density: NA 10. Lot Sizes: Lots range in size from 27,800 square feet (0.63 acre) to 72,000+1- square feet (1.65 acres) g. Landscaping: 1. Width of street buffer(s): UDC 11-2B-3 requires a minimum 25-foot wide buffer along N. Linder Road and a minimum 25-foot wide along W. McMillan Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required along the east and north boundary of the subdivision adjacent to the existing and previously approved residential uses. 3. Percentage of site as open space: NA 4. Other landscaping standards: NA h. Dimensional standards for the C-G zone per UDC 11-2B-3: DIMENSIONAL STANDARDS'` C-G Front setback (in feet) 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses (in feet) * 25 Maximum building height (in feet) 65 Maximum building size without design standard approval as set forth 200,000 in 11-3A-19 (in square feet) Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landscaping requirements See Chapter 3 Article B LANDSCAPING REQUIREMENTS *A11 setbacks shall be measured from the ultimate right=of-way for the street classification as shown on the adapted Transportation Plan. **ininimurn setback only allowed with reuse of existing residential structure. ***Where the adjacent-property. is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan designation. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development is proposed from six points; four points (two full accesses and two right-in/right-out accesses) along N. Linder Road and from two points (one full access and one right-in/right-out) along W. McMillan Road. The Applicant has provided a conceptual layout of potential interior Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 roadways and areas designated for retail, commercial, office, and multi-family residential uses (see Exhibit A). The conceptual site plan depicts a driveway connection to the stub street at the east property boundary (Paramount South 60). The Applicant states in their narrative that it may be possible to provide for a public roadway extending to N. Linder Road and aligning with either W. Deer Crest Street or W. Apgar Street. An internal cross-access/cross-parking agreement should be provided for all lots within the subdivision. The Planning Department and ACRD are supportive of the proposed access points except for the northern right-in/right-out access on Linder Road. Staff and ACRD are requesting that the Applicant provide a minimum of one public street connection from the stub street at the east property boundary, out to and aligning with either Deer Crest or Apgar Creek Street. The other driveways shown on the conceptual site plan should be constructed as private streets for addressing purposes. The aforementioned requests are included as conditions of approval in Exhibit B of the staff report. Other than the access points approved with this application by the City and ACRD, direct lot access to N. Linder Road and W. McMillan Road should be prohibited. 7. COMMENTS MEETING On June15, 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 comments and recommended actions as Conditions of Approval in the attached Exhibit B. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. 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). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). 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. Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 7 ~ i CTI'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 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 N. Linder Road and W. McMillan Road in accordance with UDC 11-3B-7. A 2S foot wide buffer is required along N. Linder Road and W. McMillan Road. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the future commercial, retail, and multi family uses on this site will contribute to the variety of uses in this area. • "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 landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application: • "The capacity of arterial ...roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACRD to minimise access points on arterial...roadways as development applications aze reviewed." (Chapter VI, page 72) The applicant is proposing six access points into this 18 acre site. The conceptual site plan shows two full access points and two right-in/right-out accesses to Linder Road and one right-in/right out access and one full access to McMillan Road; Staff is requesting that the northern right-in/right--out proposed to Linder Road be eliminated to minimize access points to the adjacent arterial roadway. • "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points onto arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). Because not all lots have frontage on a public street, Staff is requesting that cross-access be provided to all lots within this subdivision. • "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) Curb cuts to Linder Road and McMillan Road, both arterial roadways, should be restricted to those access points noted above and in the conditions of approval in Exhibit B of this report. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists a variety of uses that are principal permitted, accessory, conditional, or prohibited within the C-G zoning district. Retail sales are a principal permitted use; offices aze a principal permitted use; and multi-family developments are Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 8 • CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 a conditional use in the C-G zone. Multi-family developments are subject to the Specific Use Standards listed in UDC 11-4-3-27. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Structures subject to Design Standards: Structures that exceed the maximum building size of 200,000 square feet in the C-G zone are subject to the design standards listed in UDC 11-3A-19C. Additionally, the applicant is requesting to amend the recorded Development Agreement for this site to require design review approval, instead of CUP approval, for all commercial development in the C-G zone at Paramount. If the Applicant's request is approved, the afore-mentioned design standards will apply to all commercial development in Paramount, regardless of the size of the building. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIIVIINARY 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 commercial subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the C-G zone per UDC Table 11-2B-3: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-G zone. Proposed lot sizes range from 27,800 square feet (0.63 acre) to 72,000+/- square feet (1.65 acres). The maximum building height allowed in the C-G zone is 65 feet. The maximum building size allowed without design standard approval is 200,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. Landscaping: The landscape plan submitted for this project, prepared by The Land Group, labeled Sheets L1.O, Ll.l, & L1.2, dated 4/13/07, is approved subject to the following revisions/notes: • Provide a minimum 25-foot wide landscape buffer along N. Linder Road & W. McMillan Road as shown on the landscape plan in accordance with the standards listed in UDC 11- 3B-7, Landscape Buffers along Streets. • Provide a minimum 25-foot wide landscape buffer along the north & east property boundaries adjacent to residential uses as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. 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 Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 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. - 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 fmal plat application(s). Proposed Streets and/or Access: Access to this development is proposed from six points; four points (two full accesses and two right-in/right-out accesses) along N. Linder Road and from two points (one full access and one right-in/right-out) along W. McMillan Road. The Applicant has provided a conceptual layout of potential interior roadways and zones designated for retail, commercial, office, and multi-family residential uses (see Exhibit A). The conceptual site plan depicts a driveway connection to the stub street at the east property boundary (Paramount South 60). The Applicant states in their narrative that it may be possible to provide for a public roadway extending to N. Linder Road and aligning with either W. Deer Crest Street or W. Apgar Street. An internal cross-access/cross-parking agreement should be provided for all lots within the subdivision. The Planning Department and ACRD are supportive of the proposed access points except for the northern right-in/right-out access on Linder Road, which should be removed. Staff and ACHD are requesting that the Applicant provide a minimum of one public street connection from the stub street at the east property boundary in Paramount South 60 Subdivision and aligning with either Deer Crest or Apgar Creek Street to the west. Further, the proposed driveways shown on the conceptual site plan should be constructed as private streets for addressing purposes except for the afore-mentioned public street. These requests are included as conditions of approval in Exhibit B of the staff report. ACHD has submitted comments on this application and they are included in Exhibit B of the staff report. Other than the access points approved with this application by the City and ACHD, direct lot access to N. Linder Road and W. McMillan Road should be prohibited. Private Streets: The applicant is not proposing private streets within this development. However, Staff is requesting that the proposed driveway on W. McMillan Road shown on the concept plan be constructed and designed as a private street for addressing purposes. Additionally, the driveway on N. Linder Road shown on the concept plan that is not constructed as a public street should be designed and constructed as a private street. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to submittal of Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 10 • • CTI'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Elevations: The Applicant has included several examples of architectural details and existing buildings in Paramount that may be used in this commercial development (see Exhibit A of the staff report). The Applicant states in the narrative that earth-tone colors, timber, cultured stone, and roof pitches are examples of some of the architectural elements that will be used and which are consistent with the existing Paramount buildings and facilities. Further, the Applicant states that strict architectural design guidelines and CC&R's will govern the development of each parcel to ensure compatibility with the Paramount design theme. Staff has reviewed the details submitted with this application and is supportive of the conceptual elevations submitted and building materials listed as they are consistent with the existing Paramount development. Future, future buildings within Paramount Commercial Southwest shall substantially comply with the construction materials and design elements listed and shown in the elevations attached in Exhibit A. if the subject DA amendment request is approved, all future commercial structures within Paramount Commercial Southwest shall comply with the design standards listed in UDC 11-3A- Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 19C (Design Review). 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. Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. However, 6-foot tall cedar perimeter fencing is proposed to be constructed along the east property boundary with Paramount South 60 Subdivision. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Future Uses: Per the recorded DA, detailed CUP approval is required prior to development of any of the office/retaiUmulti-family housing within Paramount Subdivision. If the subject DA modification request is approved, the afore-mentioned requirement will not apply to future commercial uses (office/retail) and instead, commercial buildings will be required to obtain design review approval, per the standards listed in UDC 11-3A-19C. Certificate of Zoning Compliance: 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 and/or occupancy permits (NOTE: The multi-family shown on the concept plan requires CUP approval.) DEVELOPMENT AGREEMENT (DA) MODIFICATION ANALYSIS: The applicant is requesting approval to amend the Development Agreement to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C- Gzone. After speaking with the Applicant, Staff is recommending that the CUP requirement also be removed for all commercial uses in the L-O zone and require design review approval instead, as with the C-G zone. The Applicant is in agreement with Staffs proposal. Additionally, the subject property was previously approved for retaiUoflice uses as shown on the PD concept plan approved with CUP-03-008 and reflected in the DA, not multi-family uses as shown on the concept plan submitted with this application. If the Applicant intends to construct residential uses on this property in the future, a DA modification will be necessary to amend the total number of residential units planned for the Paramount development. The DA (Inst. No. 103137116) for this development is proposed to be modified as follows: 6A.3. (Page 5) "A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future ers~l; townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 32; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13, Block 30; Lots 1-2, Block 31; Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial uses in the C G and L-O zones shall obtain design review approval in accordance with design standards in effect at the time of development. " Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 Because there were no design standards in effect when this property was annexed and the DA was recorded, a CUP was necessary for detailed approval of the site and buildings. Requiring all commercial uses in the C-G and L-O zones to comply with design standards at the time of Certificate of Zoning Compliance application will satisfy the intent of the DA requirement. For this reason, Staff is in support of the proposed modification to the Development Agreement. b. Staff Recommendation: Based on the above analysis, Staff is recommending that the PP & MI applications be approved with the conditions listed in Exhibit B of the staff report. Note: The Commission is not required act on the Development Agreement modification request (MI-07- 007). The Meridian Planning & Zoning Commission heard the PP request on Julv 5, 2007. At the public hearing they moved to recommend approval of the subiect PP request. ~ eridian City Council heard these items on August 14 Sentember 4. and Sentember 11. 2007 At the Aublic hearing on Sentember 11, 2007 they annroved the subiect PP and MI 11. EI~~ITS A. Drawings 1. Zoning/Vicinity Map 2. Preliminary Plat, prepared by Mason & Stanfield, Inc., labeled Sheet 1 of 1, stamped and dated ^ „~ on ~~ 4 nt~ember 55 2007 by Darin Holzhey. 3. Landscape Plan, prepared by The Land Group, labeled Sheets L1.0, L1.1, & L1.2, dated 4/13/07 4. Conceptual Site Plan 5. Conceptual Building Elevations & Architectural Details 6. Paramount Master Plan 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 8. Central District Health Department Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 A. Drawings 1. Zoning/Vicinity Map ~~~~ I I I I 0 I,-C) Site RS ^x _r L ~" .K I _ ~ ~ _.. ,, RIIT RiTT RIIT RIIT MCiIAILLAN ~L,~' d ~~ Q R15' Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 2. 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Concentnal Site Plans plan "A„ - ------- ----,----~_ __-~__,__r i i i i j ----- i - ----i-p{}}{{g- ----- i ~------ -- o -- ~ -- ~~~ nnnnnniitu~; i ~___-- I j -~ -----~----- - i ----- nnunnniii_j~ ~ I ~ ----- ~~, ~; ~ .~ ~------1- W. NcNILLAN ROA- r Plan "B„ Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 5. Conceptual Building Elevations & Architectural Details _ _t,,~ Proposed Walgreen's elevations for Lot 1, Block 1 c- Exhibit A Possible building elevation for Lot 18, Block 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 ~. ? -. ':~~~'" -- .~ner;ui" ,..ti • . . „o,. ::~,:,,~: ~ .u` Exhibit A ,.: _ ,. - -- - ___ __- ------- -r _ _ ___ _- __ _ -~ a~ , ~j ~~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 5, 2007 Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 6. Paramount Master Plan i; ._.. ~.~ ,..d.:. __- - - ~~~:~ ~~q ~ ~~r 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 DEVELOPMENT AGREEMENT MODIFICATIONS The Development Agreement (Inst. No. 103137116) for this development shall be modified as follows: 6A.3. (Page 5) "A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future ee~e townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 32; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13, Block 30; Lots 1-2, Block 31; Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial uses in the C-G and L-O zones shall obtain design review apuroval in accordance with the UDC administrative design review standards in effect at the time of development. " 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Mason & Stanfield, Inc., dated April 12, 2007, stamped and dated on 7 9/5/07 by Darin Holzhey. is approved with the .conditions listed herein. The Applicant shall comply with all previous requirements of this site associated with AZ-03-006, PP-03-004, and CUP-03-008, as well as the Development Agreement (Instrument No. 103137116) in effect for Paramount. 1.2.2 All future commercial structures on the subject lots shall be required to obtain Certificate of Zoning Compliance and Administrative Design Review approval prior to building construction. Future buildings on this site shall substantially comply with the construction materials and design elements shown in the elevations attached in Exhibit A of this staff report. 1.2.3 One right-in/right-out and one full access shall be allowed to McMillan Road, and e~ eve one right-in/right-outs and two full accesses shall be allowed to Linder Road as shown on the revised nlat dated 9/5/07. Access to N. Linder Road and W. McMillan Road shall be consistent with the approvals of ACfID and the City of Meridian. A note shall be placed on the final plat restricting direct lot access to these roadways other than the access points approved with this application. 1.2.4 The landscape plan submitted for this project, prepared by The Land Group, labeled Sheets L1.0, L1.1, & L1.2, dated 4/13/07, is approved subject to the following revisions/notes: • Provide a minimum 25-foot wide landscape buffer along N. Linder Road & W. McMillan Road as shown on the landscape plan in accordance with the standards listed in UDC 11- 3B-7, Landscape Buffers along Streets. • Provide a minimum 25-foot wide landscape buffer along the north & east property boundaries adjacent to residential uses as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. • 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 Exhibit B Page 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 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 hazazd trees certified prior to removal by the City of Meridian Pazks Department azborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that aze retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. • A written certificate of completion should be prepazed 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 standazds of installation should apply as listed in UDC 11-3B- 14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.5 A minimum 25-foot wide street buffer is required along N. Linder Road and W. McMillan Road, as shown on the plat. These buffers shall be depicted on the plat as a permanent easement or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. 1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.2.7 If residential (multi-family/townhouses) uses are planned for this site in the future, the Development Agreement will need to be modified to exceed the 270 apartments noted in Section 4, page 4. (Apaf-tments weYe oYiginally approved only at the southeast coYneY of the development around the retail/office uses.) 1.2.8 Across-access/cross-pazking 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. 1.2.9 The Applicant shall extend the stub street at the east boundary from Paramount South 60 Subdivision, as a public street to align with Deer Crest 1£ Street at the west property boundary. A north/south nrivate street shall be constructed as ~ private streets in accordance with the standards listed in UDC 11-3F-4 and shall connect to McMillan Road from W. Deer Crest Street. Submit a private street application for review and approval prior to or concurrent with final plat submittal. (The other driveways in this development may be constructed as driveways and are not as nublic or nrivate streets.) The north/south nrivate street shall not be reauired if a ~ocerv store is proposed as depicted in Concept Plan ~~A." 1.2.10 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. 1.2.11 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 Page 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.3.2 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. 1.3.3 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. 1.3.4 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. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 Private streets should be provided within the development for addressing purposes; at a minimum, a private street should be provided from the stub street on the east property boundary to Linder Road. 2.2 Sanitary sewer service to this development is being proposed via extension of mains located in Paramount South 60. 2.3 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. 2.4 Water service to this site is being proposed via extension of mains in N Linder Road and W McMillan Road. The applicant shall be responsible to install water mains to and through this development including the water main installation from W McMillan Rd to the intersection of N Linder Rd. Coordinate main size and routing with Public Works. 2.5 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). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this Exhibit B Page 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 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. 2.7 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. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area 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. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 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. 2.12 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 maybe bonded for prior to obtaining certificates of occupancy 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 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 are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are 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. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to 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 are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The 18 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 Exhibit B Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 5, 2007 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 year 2005 and 3800 by the year 2010. 3.9 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. 3.10 Maintain a sepazation of 5' from any buildings to dumpster enclosures. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 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. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 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 feet (183 m). 3.14 There shall be a fire hydrant within 100' of all Fire Department connections. 3.15 Buildings over 30' in height aze required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.16 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 azea to be served, measured in a straight line. 3.17 The Fire Department encourages private streets within the development for addressing purposes. 4. POLICE DEPARTMENT 4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds within the development. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Provide a minimum 10-foot easement abutting the dedicated right-of--way for the sidewalk and utilities. Construct a 5-foot concrete sidewalk a minimum of 41-feet from the centerline of the roadway abutting the site. OR, to provide the District with a surety until the sidewalks are constructed as part of the McMillan/Linder Roads improvement project. 7.1.2 Provide a minimum 10-foot easement abutting the dedicated right-of--way for the sidewalk and utilities. Construct a 5-foot concrete sidewalk a minimum of 28-feet from the centerline of McMillan Road abutting the site tapering to 35-feet from the centerline of the roadway at the intersection of Linder and McMillan Roads. OR, to provide the District with a surety until the sidewalks are constructed as part of the McMillan/Linder Roads improvement project. 7.1.3 Construct two full access driveways and one right-in/right-out driveway to intersect Linder Road in the following locations, as proposed. • First driveway, located approximately 250-feet (measured property line to near edge) north of the south property line. This driveway is proposed to be 25-foot wide and right-in/right-out access only. • Second driveway, located approximately 520-feet (measured property line to near edge) north of the south property line. This driveway is proposed to be 36-feet wide and full access. • Fourth driveway, located approximately 960-feet (measured property line to near edge) north of the south property line. This driveway is proposed to be a 36-foot wide and full access. The driveways are restricted to a width of 36-feet and will need to be paved there full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge 7.1.4 Construct one full access and one right-in/right-out driveway to intersect McMillan Road, as proposed. • First driveway, located approximately 260-feet (measured property line to near edge) east of the west properly line. This driveway is proposed to be 25-feet wide and right-in/right-out access only. • Second driveway, located approximately 440-feet (measured property line to near edge) east of the west property line. This driveway is proposed to be 36-feet wide and full access. 7.1.5 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the fmal plat. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS 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 Page 8 ! • 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 yeazs old aze 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 are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 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 aze 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. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval for appropriate entities are submitted, we can approve this proposal for: central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a breeding problem. Exhibit B Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJLY 5, 2007 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In 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 Council fords 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 Council fords 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 Council finds 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. The Council finds that the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the Council fords 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 20, 2007 RZ 07-012 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Valley Shepherd Church of the Nazarene ITEM NO. 5-D REQUEST Development Agreement -- Request for a Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridi®n - 150 West Maestra 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: ~ ~. i ~ n n . p..........w.. ... p.vv..~, n.ccw~ya COMMENTS See Attached Development Agreement become p perty of the Cffy of Meddtan. e `~' ; k L . ~ ~ K ~~ , CITY OF "~ ~ ~ f~-- ~' l~l ~ eY cn ~ IDAHO ,1'~ y r~"ti e ~ /~~ TaensuRe V:v1~~ I 7 903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Laremba September 12, 2007 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 RECEhVL~ George Zickefoose Valley Shepherd Nazarene 831 North Main Street Meridian, ID 83642 ~~ty ®t I~eridiax~. City Clerk Qffics Re: Development Agreement -Valley Shepherd Nazarene Church Rz o7-o~a Dear Mr. Zickefoose, Enclosed please find the original Development Agreement for Valley Shepherd Nazarene Church, 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, l Tara Green Deputy City Clerk enc. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-48]3 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper AOA COUNTY RECORQER J. DAVIQ NAVARRO AMOUNT .00 31 BOISE IDAHO 09127!07 01:3.9 PBI III ff I RE OEDe REOUESTOF I+++~I~~~'I'I~111~~III'I~~'+'ll'll~~~ ~ry o1 Meridian i Q7 i 34670 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Valley Shepherd Church of the Nazarene, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of~~ 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Valley Shepherd Church of the Nazarene, whose address is 831 N. Main Street, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer 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, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and I.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of C-G (General Retail and Service Commercial District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect 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 (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 1 OF 10 • 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.? WHEREAS, City Council, the 4~` day of September, 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/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their 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/Developer 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 Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and aze incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government 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/DEVELOPER: means and refers to Valley Shepherd Church of the Nazarene, whose address is 831 N. Main. Street, Meridian, Idaho 83642 the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G (General Retail and Service Commercial District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 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/Developer shall develop the Property in accordance with the following special conditions: 1. That the following shall be the only allowed uses on this properly: Church/religious place of worship and ancillary church ceiebrative & recreational activities. No retail or service uses or conditionally DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCI~ PAGE 3 OF 10 allowed commercial uses are permitted on this property. 2. Future development of the property shall remain consistent with the site and landscaping plans approved with CUP OS-058. 3. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 4. Any proposed change in use of the property shall require public hearings before the Meridian Planning & Zoning Commission and City Council. Said hearings shall consist of modifications to the Development Agreement and the existing Conditional Use permit in effect for the site. 5. The Applicant shall comply with all Agency Comments outlined in the associated staff report for RZ 07-012. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitrnents contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Properly" of this agreement within two years of the date this Agreement is effective, and after the City has complied with tine notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer 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 DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CH[JRCH) PAGE 4 OF 10 • 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/Developer, or Owner/Developers' 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/Developer 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. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, 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/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 5 OF 10 • 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 maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreesthat no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragrees 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 Iaw, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCI~ PAGE 6 OF 10 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Valley Shepherd Church of the Nazarene 831 N. Main Street Meridian, Idaho 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe 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 subj ect to the provisions hereof and any successor owner or owners shall DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 7 OF 10 s i be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between OwnerlDeveloper and City relative to the subjec# matter hereof, and there aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions govenung re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 8 OF 10 U ACKNOWLEDGMENTS r1 U LN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER VALLEY SHEPHERD CHURCH OF THE NAZARENE By: CITY OF MERIDIAN BY: MAYO T de WEERD ATTEST: WILLIAM G. BERG, JR. ~~~~ aC ~~ C~j C~~~;G 9-ZS--~7 \\```,~,,,,, ~, u n r r r,,,;,, , ~ ,, c~ ~TFO ; B~r~L = . L T ~~ rrnn nN DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 9 OF 10 • • STATE OF IDAHO, ) ss County of Ada, ) On this ~_ day of ~,ol~„r~.~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared fern /~ A. J v/~s ~ , known or identified to me to be the Ch,~r.~„~ ~t /+C._, /3°,ES.~ of VALLEY CHURCH OF THE NAZARENE and acknowledged to me that he executed the same on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my the day and year in this certificate first above written. ,,~',~'. CORB~N pry'' 4 •~wRy s~~,l. G ~ QQ" ~; STATE OF IDAHO ) ss County of Ada ) ublic for Idaho esiding at• ~7d~:.l~ ~,,, ~. Td My Commission Expires: o a./ ~.~~ On this day of .~}~~ der , 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 Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da~~a;~d ~eaz in this certificate first above written. ~ ~~,a , ~-• (SEAL) ; ~ ~ ~ Notary Public for Idaho ~, Residing at: LA.~l~, l ~ i `. : • • Commission expires: 10-i l - ~ 1 ~~ ~~ZL. ~~ ~~ '~ ..... DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 10 OF 10 • • EXHIBIT "A" VALLEY SHEPHERD RE-ZONE DESCRIPTION A parcel of land for re-zone purposes situated in a portion of the NE1/4 of the SE114 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an aluminum cap monument marking the northeast corner of said NEl/4 of the SE1/4, thence along the East line of said NE1/4 of the SEll4 and the centerline of South Meridian Road 500°39' 10"W a distance of 1339.86 feet to a 5/8 inch tabor marking centerline intersection of said South Meridian Road and West Maestro Street from which an aluminum cap monument marking the southeast corner of said Section 24 bears S00°39'10"W a distance of 1321.03 feet; Thence leaving said East line and centerline of South Meridian Road and along the centerline of said West Maestro Street the following courses, N89°24'54"W a distance of 204.44 feet to a SJ8 inch tabor; Thence along the arc of a curve to the lefr having a radius of 180.00 feet, an arc length of 23.47 feet, a central angle of 07°28'20", a chord bearing 586°50'56"W a distance of 23.46 feet to a 518 inch tabor; Thence 583°06"46"W a distance of 100.54 feet to a 5/$ inch tabor, Thence along the arc of a curve to the right having a radius of 180.00 feet, an arc length of 19.90 feet, a central eagle of 06°19'58", a chord bearing 587°25'07"W a distance of 19.89 to a 5/8 inch tabor; Thence N89°24' S4"W a distance of 115.82 feat to a 5/8 inch rebaz mazking the centerline intersection of said West Maestro Street and South Alfani Way; Thence leaving said centerline of West Maestro Street and along said centerline of South Alfani. Way N00°39' 10"E a distance of 25.00 feet to a S/8 inch tabor marking the intersection of said centerline of South Alfani Way and the North boundary of Strode Bellissima Subdivision No. 1 as recorded in Book 93 at Pages 11265 through 11268 official records of Ada County, Idaho; Thence leaving said centerline of South Alfani Way and along said North boundary line N89°24'S4"W a distance of 356.13 feet to a 5!8 inch tabor, Thence leavilag said North boundary line N00°45'45"E a distance of 1050.09 feet to a 5/8 inch tabor on the South boundary line of Bear Creek Subdivision No. 6, as retarded on the official plat thereof, in Book 87 at Pages 9986 and 9987, Ada County, Idaho; Thence along said Svuth boundary line S89°27'46'~ a distance of 28l .52 feet to a 5/8 inch tabor making an angle point in said South boundary line; Thence continuing along said South boundary Iine N24°42'45"E a distance of 104.60 feet to a 51$ inch tabor meriting an angle point in said South boundary tine; Thence leaving said South boundary tine and along the westerly boundary line of I,ot 9, Block 22 of said Bear Creek Subdivision No. b N24°42'45"E a distance of 9.55 feet to a 1 /2 inch rebaz malting an angle point in said westerly boundary line; Thence continuing along said westerly boundary line N48°33' 12"E a distance of 243.86 feet to a 112 inch tabor; 0056140 RE ZO1JE LEGAL FOR VALLEY SHED KNS AFRIL 12 07.da Page 1 oil C ~J • Thence leaving said westerly boundary line and along the North boundary line of said Lot 9, N85°27' 18"E a distance of 141.87 feet to a i/2 inch rebar marking an angle point in said North boundary line; Thence continuing along said North boundary line S$9°26'49"E a distance of 102.05 feet to a 5/8 inch rebar marking the intersection of said North line and the Westright-of--way line of said South Meridian Road; Thence S89°26'49"E a distance of 65.00 feet to the POINT OF BEGIIVNING. Said parcel contains 22.69 acres more or less and is subject to any easements and or rights-of--ways ofrecord or implied. f~Ew L" Jam' 9Y 9' ; 4 •' ` M WORKS DEPr~ COS6140 RE ZONE LECiA L FOR VALLEY SHEP KNS APRIL 1 Z Ot.dac Page 2 of Z C • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • In the Matter of the Rezoning of 22.7 acres from R-8 (Mediam-Density Residential) to C•G (General Retail and Service Commercial), for Valley Shepherd Church Meridian by Valley Shepherd Church of the Nazarene Case No(s). RZ-07-012 For the City Council Hearing Date of: August 21, 2007 (Findings on the September 4, 20D7 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 2I, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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). 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-0! 2 Page 1 of 3 4. Due consideration has been given to the comment{s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the Conditions of Approval all in the attached Staff Report for the hearing date of 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: The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated April 13, 2007 by Kevin Sorensen, PLS, is hereby approved; and, 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of August 21, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-012 Page 2 of 3 _..• By action of the City Council at its regulaz meeting held on the ~~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~ COUNCIL MEMBER JOE BORTON VOTED_ i~~k.. COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~1`= COUNCIL MEMBER KEITH BIItD VOTED vJ~~- TIE BREAKER ~_ MAYOR TAMMY de WEERD VOTED ATTEST: ~~--` WILLIAM G. BEl Copy served upon: MA~x'aT :,de WEERD ,,. ,. ~± ~~{ '~~ /~~ _ ~.~L JR. CLE~~ ` ~ ~ ~' rYS~• Applicant r,~~~`rr'~r~,}~~ ~«,,,,,,~~``~. Planning Departrnent __ `Public Works Department / City Attorney By: Dated: - ~ ` ~ 0 ' CS't._- Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-0I2 Page 3 of 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT Hearing Date: 8/21/2007 TO: Mayor 8t City Council FROM: Amanda Hess, Associate City Planner (208) 8845533 SUBJECT: Valley Shepherd Nazarene Church • R7r07-012 Request for rezoning of 22.7 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial), by Valley Shepherd Church of the Nazarene 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Valley Shepherd Church of the Nazarene, has applied for Annexation and Zoning (AZ) to C-G (General Retail & Service Commercial) of approximately 22.7 acres of property currently zoned R-8 (Medium Density Residential) in the City of Meridian. The Applicant requests annexation to allow for electronic signage and recreational activities on-site which are not principally permitted uses within the existing R-8 zone. The site is located at 150 West Maestra Street on the west side of S. Meridian Road, at approximately the '/: mile mark between Overland and Victory Roads. This site is currently under construction for achurch / place of worship. This property is within the City's .Area of Impact and Urban Service Planning Area and also lies within Meridian City limits. i~iJ~'i_u-G~=s~~~sZt TITi ~ ~1 ~ : l~~l The subject application (AZ) was submitted to the Planning Department for review. Below, Staff has provided a detailed analysis, comments, and recommended actions for the requested RZ application. Staff is recommending approval of the Valley Shepherd rezoning (R2r07-012) retluest as presented in the staff report for the bearing date of July 19, 2007, and based on the Findings of Fact listed in Exhibit D. The Meridian Planningi & Zoning Commission heard this item on June_21.2007 and July 192007. At the onblic hearing the Commission moved to recommend anyroval of the rezone (R~07-012) from R-8 to L-O. a. Summary of Commission Public Hearing: i. In favor: Brad Hoaglun (Church Board Member) ii. In_opoosition: Sharma Gardiner. Kathlegn James (Resident of Strada Bellissima Jim Kouril (Rearesentation for Residents of Bear Creek). Debra Ross. Darlene Wheeler{Resident). Lachelle Bonner (Resident) iii. Comme~ing: Larry Kelly iv. Written testimony: Brian Beckley. VP of Bear Creek HOA (letter w/uetition containing 236 signatares). Scott Auders. Aaron Neal v. Staff aresenting application: Amanda Hess vi. Other staff commenting on aunlication: Ted Baird. Caleb Aood Valley Shepherd Nazarene Church - RZ-07-012 -- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST Z1, 2007 b. Kev Issue(s) of Discussion by Commission: i. T>re increase in traffic to the adiacent residential subdivisions (Strada Bellissima and Bear Creekl. ii. The allowed signage for the L-O and C-G zoning districts (Electronic Reader Boards . iii. The impacts of future commercial developments may have on the eatisting residential neighborhoods. c. Kev Commission Change(s) to Staff Recommendation: i. Commission was in favor of changing the zoning from C-G to L-O and having the L-O signage standards apply to the property. d. Outstanding Issue(s) for Citv Couacil: i. Appropriate zoning for the site. a. Snmmarv of City _oun it Pub is Ae_aring: i. Ic, favor: Brad HoaQlnn f .b .rh Board M m rl_ Keith Ricl_c_ettc_ .iim Perreil_ be ark Sohn n Kimberl _ _ y .Iohnco .erald io neon r e 7ickef~ae Bo b ii. In onnosition: None m iii. Commenting: lames Pra ther iv. Written testimony: Keith Ricketts v. .r~+taff nresentina annlicati on: Anna Cannin vi. then Staff co m ntin o n spell ~±tion: None ~ Kev issues of Discussion by Conn c.~; i. Lo~catio~e of the oronosed relation to th s in d electrogic reader board Sion on Meridian Rd_ in h (1Sl1 W M Ctl f th h t C. re e a s u Kev Co~•ncil Chan~rec to Ctaff/C'o o aes urc _ ra . e c mmission Reco m ndation i. he itv Council aonrov ed the ann icant's rezone reauect from R-S to - ,. ii. The City Coanc'1 suppo rted S Aff And th ommiccions recommendation to d th DA f hi i amen e current s c or t te to include the nrovisioes Lsted within Pla~ning'c condition of a nnrov 11.1 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to recommend approval to the City Council of File Number RZ-07-012, as presented in the staff report for the hearing date of August 21, 2007, with the following modifications: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to recommend denial to the City Council of File Number RZ-07-012, as presented during the hearing on August 21, 2007: (please state specific reasons for denial of the rezone request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-07- 012 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for continuance) Valley Shepherd Nazarene Church - RZ-07-012 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1 SO W. Maestra Street Meridian, ID 83642 NE'/o SE '/a Section 24, T3N, Rl W b. Owner /Applicant: Valley Shepherd Church of the Nazarene 831 N. Main Street Meridian ID 83642 c. Representative: George Zickefoose, Valley Shepherd Church of the Nazarene d. Present Zoning: R-8 e. Present Comprehensive Plan Designation: Public /Quasi-Public f. Description of Applicant's Request: Request for change in zoning to accommodate the desired signage for the chucch. Reader board signs are currently prohibited in all residential, office, and neighborhood and community commercial districts. g. Applicant's Statement/Justification (reference submittal material): Valley Shepherd Chwch of the Nazarene is building a new church on the Meridian-Kona Highway. Presently zoned R-8, we find that several of the normal functions of the church and congregational life are not permitted. We request rezoning to "Commercial" to allow for electric signage and the use of the site for celebrative and recreational activities. 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter S, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: June 4, 2007; June 18, 2007 (Gommission); July 30.2007 and Autust 13.2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: May 30, 2007 (Commission); July 27' 2007 (Gifu Council) d. Applicant posted notice on site by: June 11, 2007 (Commission); Aa>?ust 10. 2007 (Gifu Council 6.1LAND USE a. Existing Land Use(s): Under construction for a church. b. Description of Character of Surrounding Area: Existing single family residences (Bear Creek) and Light-Office properties to the south. c. Adjacent Land Use and Zoning 1. North: Single family residential, zoned R-4 2. East: Single family residential, zoned RUT (Ada County} 3. South: Office and Residential (Strada Bellissima), zoned L-0 and R-4 Valley Shepherd Nazarene Church - RZ-07-012 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 4. West: Single family residential, zoned R-4 d. History of Previous Actions: In 2000, the Applicant, Valley Shepherd Church of the Nazarene, was granted annexation and zoning approval for achwch /multi-purpose facility to be located at 150 W. Maestra (AZ-tb- 018). The approved zoning was R-8. At that time, the Applicant was required to enter into a development agreement which limited use of the site to just that - a church. The DA also stipulated that prior to construction of the chwch building or other buildings on-site, procwement of a CUP was first required. In 2006, Valley Shepherd Chwch of the Nazarene was granted detailed conditional use approval for construction of the church lying within an R-8 (Medium Density Residential) district. ($ee CUP-05-058 for more information, if necessary.) e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Service extension from mains in Meridian Road. Location of water: Stub streets in Strada Bellissima to the south and Bear Creek to the north. Yssues or concerns: Preserving a corridor for a future sewer trunk. 2. Vegetation: None 3. Floodplain: None 4. Canals /Ditches /Irrigation: Kennedy Lateral 5. Hazards: None 6. Proposed Zoning: C-G 7. Size of Property: 22.69 acres 8. Description of Use: Place of religious worship f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be via W. Maestra Street. 7. COMMENTS MEETING On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has inctuded alt comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public /Quasi-Public" on the Comprehensive Plan Futwe Land Use Map. "Public /Quasi-Public" areas are designated to preserve and protect existing private, municipal, state, and federal lands (see Page 106 of the Comprehensive Plan). This category includes chwches and public lands (excluding parks and schools} within the Area of City Impact. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the swrounding land uses, the location of the property, and the transportation issues associated with the development of the property. The Applicant is requesting to rezone this property to C-G. A church is a principally permitted use in all of the commercial zones (L-O, C-N, C-C, & C-G}, a conditional use in industrial and certain residential Valley Shepherd Nazarene Church - RZ-07-012 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 zones (I-L, I-H, R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. The Comprehensive Plan Future Land Use Map designation for this property is "Public /Quasi-Public." The UDC does not have a Public !Quasi-Public zoning district. However, the Applicant has received prior conditional use approval for a church in an R-8 zone. Staff believes that the requested C-G zoning designation for this property for a church generally complies with the intent of the Comprehensive Plan for the existing and future land ase of this property. 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. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists churches or places of religious worship as principal permitted uses in the requested C-G zone. b. Purpose Statement of Zone: "The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways." 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The legal description for the proposed rezone submitted with the application (prepared on April 13, 2007, by Kevin N. Sorensen, PLS) shows the property within the existing corporate boundary of the City of Meridian. The current church use of this property is not proposed to change. Following annexation of the property to the R-8 (Medium Density Residential) zoning district, the site received conditional use permit approval for construction of a church within the R-$ zone,. as churches are conditionally allowed within the said zone. Rezoning the property to C-G will allow the church to operate as a principally permitted use in the zone. As a permitted use, the church will be able to obtain a pen:nit for a reader board sign and expand the existing use, if so desired. The Applicant has not submitted a site plan or elevations with this application as there are no changes proposed to the site or building at this time. The Applicant only wishes to rezone the property at this time. Staff believes the Applicant's request to rezone the property to C-G is reasonably compatible with the surrounding zoning. The property to the southeast (across Meridian Road) is currently zoned C-G, while a portion of the property directly south is zoned L-0. A majority of the adjacent lands are zoned residential. However, based on the fact that the current use of the property is not proposed to change, the compliance of the church use in the proposed C-G zone with the Unified Development Code, and the general conformance of the proposal with the policies and goals contained in the Comprehensive Plan, Staff believes that rezoning the subject property from R 8 to C-G Is jastifiable. Please see Exhibit D for detailed analysis of the required facts and findings for rezoning. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the Applicant's request for an intense commercial district for the site, and recognizing the surrounding residential uses, Staff believes that a Development Agreement is necessary to Valley Shepherd Nazarene Church - RZ-07-012 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 ensure that this property is utilized in a fashion that Is consistent with the Comprehensive Plan and does not negatively impact nearby properties. 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. As there already exists a development agreement (DA) approved with the Annexadon and Zoning (AZ-00-018), Staff believes an addendum to said DA should be required as part of the rezone of this property. Prior to the rezone ordinance approval, said addendum shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the City Attorney, B~71 Nary, at 888-4433 within 6 months of Council approval to initiate this. The addendum shall include, at a minimum, the following: • That the following shall be the only allowed uses on this property: Church /religious place of worship and ancillary church celebrative & recreational activities. No retail or service uses or conditionally allowed commercial uses are permitted on this property. • Future development of the property shall remain consistent with the site and landscaping plans approved with CUP-05-058. • That all uses shall not involve activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. • Any proposed change in use of the property shall require public hearings before the Meridian Planning 8t Zoning Commission and City Council. Said hearings shall consist of modifications to the Development Agreement and the existing Conditional Use Permit in effect for the site. b. Staff Recommendation: Staff recommends approval of the proposed Rezone (RZ*07-fl12) based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions listed in Section 10 and Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on June 21. 2007 and July 19. 2aa7. At the Aubtic hearias the Commission moved to recommend aaoroval of the subiect rezone (R~07-012) from R-8 to IrO. itv Council heard there item oe Au~mst 21.20117_ At the nnbl_ic hearing th City Council annroved the rezo ng reanest 707-0121 from R-S to C-G. 11. EXHIBITS A. Drawings 1. Vicinity /Zoning Map 2. Previously Approved CUP Site Plan (dated: November 15, 2005) B. Agency Comments /Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Services Company Valley Shepherd Nazarene Church - RZ-07-012 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF AUGUST 21, 2007 6. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 A. Drawings 1. Vicinity Map !Zoning Map • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Previously Approved Site Plan (dated: November 1 S, 2005) • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Agency Comments / Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal description submitted with the application (prepared on April 13, 2007, by Kevin N. Sorensen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 Prior to the rezone ordinance approval te-Is~ to C-G, an addendum to the existing Development Agreement (DA) for the site (Instrument No. 101015259) shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption}. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The addendum shall incorporate the following: • 'That the following ch 11 be the otLV allowed uses en this prnn~°-'v ('hUrch / reEginuc place of worslip nd anci larv church celebrative & recreational activities Nn retail nr service uses or concLtionaLly allowed com*nercial uses a_re pernitted on this property • Future development of the property chAll rema'n on ictent with the site a_nd Lanclcr 'ng plans approved with ~-OS-058. • That all uses chap not "nvolye activi i processes teri is ea>~nment a_nd conditions of operation t at will be detrimental to a_ nv nersnns_ nrnnertv_ nr the oenera) welfare hV reason of excecsiv production of traffic noise woke fines g are or odors, • Anv proposed c an a in ue of Lhe property chap reaLire n_nhlic hparinos hPfnrP the Meridi n PI nnin in o miccion and itv Council aid h rings chap ~ n i of m-~ifications to the Development Agreement nd he a icon onditio 1 UsP Peru in effect for the sitP_ • The- Applicant shall C~mnly wi h all Age.+_c_v _nmment¢ ~ttinerl in the ac_c_n_r_;a_t~_ staff sport for R?:-07-012. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of services from mains in Meridian Road. The Applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Strada Bellisima and Bear Creek. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall be required to loop the water system to achieve any necessary fire flow requirements. 2.4 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 B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2l, 2007 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. 2.5 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall be dedicated as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHiHTT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.6 All development improvements, including but not limited to sewer, fencing, micrapaWs, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.7 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.8 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. 2.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.11 Compaction test results shall be submitted to the Meridian Building Department far all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT 3.1 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.2 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. 3.3 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 hydtnnts 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 rn). 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). B COTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21.2007 3.4 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 4. POLICE DEPARTMENT 4.l The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES COMPANY 5. ~ SSC has no comments related to this application. 6. ADA COUNTY $IGHWAY DISTRICT 6.1 The District has previously approved this site with a CUP application (MCUP-OS-058). If the site plan or use should change in the future, ACRD will review the site plan and may require improvements to the transportation system at that time. ! • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 C. Legal Description EXHIBIT "A" VALLEY5HEPHERD RE-ZONE DESCRIPTION A pazcel of land for re-zone purposes situated in a portion of the NEI/4 of the SE1/4 of Section 24, Township 3 North, Range ]West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an aluminum cap monument marking the northeast corner of said NEI/4 of the SEI/4, thence along the East line of said NE1/4 of the SEI/4 and the centerline of South Meridian Road S00°39' I0"W a distance of l 339.86 feet to a 5/8 inch rebaz marking centerline intersection of said South Meridian Road and West Maestro Street from which an aluminum cap monument marking the southeast carver of said Section 24 bears S00°39'10"W a distance of 1321.03 feet; Thence leaving said East line and centerline of South Meridian Road and along the centerline of said West Maestro Street the following courses, N89°24'54"W a distance of .204.44 feet to a 5/8 inch rebar; Thence along the arc of a curve to the left having a radius of 180.00 feet, an arc length of 23.47 feet, a central angle of 07°28'20", a chord bearing S86°50'56"W a distance of 23.46 feet to a 5/8 inch rebar; Thence S83°06"46"W a distance of 100.54 feet to a 5/8 inch robot; Thence along the arc of a curve to the right having a radius of 180.00 feet, an arc length of 19.90 feet, a central angle of 06°19'58", a chord bearing S87°25'07"W a distance of 19.89 to a 5/8 inch robot; Thence N89°24'S4"W a distance of 115.82 feet to a 518 inch robot marking the centerline intersection of said West Maestro Street and South Alfani Way; Thence leaving said centerline of West Maestro Street and along said centerline of South Alfani Way N00°39' 10"E a distance of 25.00 feet to a 5/8 inch rebar marking the intersection of said centerline of South Alfani Way and the North boundary of Strada Bellissima Subdivision No. 1 as recorded in Book 93 at Pages 11265 through 11268 official records of Ada County, Idaho; Thence leaving said centerline of South Alfani Way and along said North boundary Iine N89°24'S4"W a distance of 356.13 feet to a 5/8 inch robot; Thence leaving said North boundary line N00°45'45"E a distance of 1050.09 feet to a 5/8 inch rebaz on the South boundary line of Bear Creek Subdivision No. 6, as recorded on the official plat thereof, in Book 87 at Pages 9986 and 9987, Ada County, Idaho; Thence along said South boundary line 589°27'46"E a distance of 281.52 feet to a 518 inch robot making an angle point in said South boundary line; Thence continuing along said South boundary line N24°42'45' a distance of 104.60 feet to a 5/8 inch robot marking an angle point in said South boundary line; Thence leaving said South boundary line and along the westerly boundary line of Lot 9, Block 22 of said Bear Creek Subdivision No. 6 N24°42'45"E a distance of 9.55 feet to a 1/2 inch rebaz making an angle point in said westerly boundary line; Thence continuing along said westerly boundary line N48°33' 12"E a distance of 243.86 feet to a 112 inch rebaz; C0561<0 Rf 20NE LEGAL FOR VALLEY SHEP KNS APRIL 12 07.d°c Pale 1 of 2 C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Thence leaving said westerly boundary line and along the North boundary line of said Lot 9, N85°27' 18"E a distance of 141.87 feet to a I; Z inch rebar marking an angle point in said North boundary line; Thence continuing along said North boundary line S89°26'49"E a distance of 102.05 feet to a 518 inch rebar marking the intersection of said North Line and the West right-of--way line of said South Meridian Road; Thence S89°26'49"E a distance of 65.00 feet to the POINT OF BEGiNNTNG. Said parcel contains 22.69 acres more or less and is subject to any easements and or rights-of--ways of record or implied. ('tEVI QPRL?VAL ~~;r :wERIt}ISN FUBUG wpRKS DEPT. COS6 tA0 RE ZONE LEGAL POR VALLEY SHEP KN5 MRIL 12 07 dac Page 2 °{ 2 (r • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 tt,r.GU1vr., r.xHltsl'I' F4R VALLEY SHEPHERD CHURCH A PORTION OF THE NE1/4 OF THE SE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST. BOISE MERIDIAN CITY OF bIERIt?IAN. ADA COUNTY, IDAHO 2007 GENERAL LEGEND -" ~ - ~ BOUNDARY LINE Sd9'26'4!'E~ ""' - - - " EXIS'ING EfOUNDARY NNE t OZ.OS' S119'Z6'49'[ "- SECTION LINE 85.00' - - -- ROAp CENTER UNE NIIY2T16'E [I ~ oo~. P.OAO RIGHT-OF -WAY !6 1s1.&~ 9t~W _ _ _ - EXISTING tOT .1NE '~~ 4 FOUND 5/8 INCH REBAR ~~~~ I ~ ° FOUND ' /Z" FEEIAR '~ ' ~' 1 ~ FOUND AlUM1NUM CAP .,, ~~ y 85' me a ao mo .a SCN.6 ~ ` JDO ~~i! DAAWN 8"/e 1'°700' vy' ~ I h BGR ~I r h q$ ~ I se9.47 4''e e'ssl.'ss 1 I II ~ I i 1 ~ I I ~ 2 I f ~~°C $ I ~x~vl ~A~ ~ 1 « m gg I 6Y I F41 1 ~ ~~~ I ~I H~~J ' ~ ~ ~~~ ~( 1 I m MBRIDfAN PUBLIC ~ Vl I yypRK9 pEP*• ' 1 ~ 1 1 ~ I I I I 1 ~, W. MAESTRA ~ ' I ST. I ~ oo• I ~r y_ - Nd9'24'S4' 358.13' i ei•e.~,a._ siRAT4 rio 1 N00'39'10~ I~ro115.84 w 25.00 ~ ~, S. ALFANI WAY ~ ROAD b~~a~u• lo. 8 w s+w~o- VALLEY SHEPARD CHUR __ __/~ C3L G?N 6 ~'9C Y-11 i1T C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 201]7 D. Required Findings from the Unified Development Code 1. Rezone Findings Upon recommendation from the Commission, the Cooncii shall make a fuU investigation aad shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to C-G. The City Council finds that a zoning map amendment from R-8 to C-G for the subject property complies with the applicable provisions of the Comprehensive Plan "Public /Quasi-Public" designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment compiles with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed church /religious place of worship and ancillary church uses are permitted within the requested C-G zone. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment to C-G will not be detrimental to the public health, safety, or welfare, if retail, service, and other commercial uses are prohibited on this site at this time. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. c. The map amendment shall not result in an adverse impact upon the delivery of services by any potitical subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. D • • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. S-E REQUEST Approve Agreement with Brighton Corporation for Water Improvements in coordination with Brighton Corporation Project Intersection Linder Road and McMillan Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached memo /agreement 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. • • ~ ~ ~~ ~' ~;i~y ~~~ I~~A~i~i~ ~i~y Cl~rl~ C?i ~e Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~ CC: File Date: October 9, 2007 Re: Cooperative Agreement with Brighton Corporation for Water Improvements in Coordination with Intersection Linder and McMillan Road Project Attached is the original above referenced document for your files. • Page 1 • • COOPERATIVE AGREEMENT FOR: WATER IMPROVEMENTS IN COORDINATION WITH BRIGHTON DEVELOPMENT INC PROJECT INTERSECTION CINDER ROAD AND MCMILLAN ROAD THIS AGREEMENT made and entered into this. day of ~ae3~, 2007, by and between BRIGHTON DEVELOPMENT INC, an Idaho corporation as first party, and the CITY OF~MERIDIAN, an Idaho municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party. WITNESSETH WHEREAS, BRIGHTON DEVELOPMENT INC is the Project Manager under a Cooperative Development Agreement with the Ada County Highway District (ACRD) for the McMillan/Cinder Roadway Improvement Project Number 307009 for the ACRD Project as defined in the Cooperative Development Agreement dated August 16,2006. Whereas, BRIGHTON DEVELOPMENT INC and MERIDIAN desire to undertake a joint effort to share the tasks and costs of rebuilding the roadway of the Intersection of Linder Road and McMillan Road, including water facility adjustments and relocations as detailed in ACRD Project Number 307009, hereinafter referred to as the CONTRACT. WHEREAS, BRIGHTON DEVELOPMENT INC is willing to accommodate MERIDIAN'S request by arranging for water facility adjustments and relocations as part of the Project plans so long as BRIGHTON DEVELOPMENT INC receives assurances that BRIGHTON DEVELOPMENT INC will be reimbursed for administrative costs and expenses as agreed in section 2, and that MERIDIAN will pay for all bid items attributed to the construction, adjustment, and relocation of the water facilities within the Project boundaries. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. BRIGHTON DEVELOPMENT INC SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein, pursuant to the terms and conditions required in the August 16, 2006 Cooperative Development Agreement, incorporated herein by this reference; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein; Page 1 of 5 • • c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with BRIGHTON DEVELOPMENT INC'S recommendation for award of the CONTRACT prior to making such award; d. Forward invoices to MERIDIAN for payment to the contractor for water or sewer bid items. e. Provide centerline or offsets and stationing prior to MERIDIAN staking water facilities. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the adjustment and relocation of the water facilities installed under the CONTRACT; b. Provide BRIGHTON DEVELOPMENT INC with the construction plans, special provisions, and unit bid quantities for the adjustment and relocation of the water facilities to be included in the bid documents for the CONTRACT (all work required for the water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to the BRIGHTON DEVELOPMENT INC, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to BRIGHTON DEVELOPMENT INC within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse BRIGHTON DEVELOPMENT INC, up to a maximum of $5,000 for administrative costs incurred including overhead and benefits, project administration. This amount to be reimbursed shall be equal to 4% of the costs of the water and sewer portion of the project. f. Be liable for the cost of repairing any trench failures attributable to failure of the adjustment and relocation of the water facilities within the boundaries identified in the Contract, and be liable for and indemnify BRIGHTON DEVELOPMENT INC for any and all costs and damages resulting from any such trench failure. Page 2 of 5 • 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the water portion of the project shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the adjustment and relocation of the water facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; to be reconciled in the PreCon Meeting on or around January 1, 2008; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. In addition to such other remedies at law or equity for default that MERIDIAN may have, in the event that BRIGHTON DEVELOPMENT INC fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, MERIDIAN may withhold any reimbursements due to BRIGHTON DEVELOPMENT INC hereunder until such defaults are corrected to the satisfaction of MERIDIAN. h. In the event that MERIDIAN fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, BRIGHTON DEVELOPMENT INC shall be entitled to all remedies available at law or in equity. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and Page 3 of 5 • • k. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: BRIGHTON DEVELOPMENT INC By: By: ATTEST: CITY OF MERIDIAN \ `` ~~141111111111t~~~, William G. Berg, ~'. ;~~~ Ta~my de e d City Clerk ~~ ~ Mayor ~v fF . t~, ~ ~ ~ ~.c ~ ~ `~~~°~~~~ y-c (,~ c~ ~a ~ L=~ ~ (.~ ~Gi.n e L~ ~ - 2 ~ o ~:;~ .. ~_°_ P ~..~ s ~ . :1111 4111\\\,`\\` Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this (~ ~ day of ~~, 2007 befor e, a notary public in and r said tate personally appeared ~?~ n to me to be the of BRIGHTON D ELOPMENT INC and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same, IN WITNESS WHEREOF, I have hereunto set my seal the day and year firs~~~(?ove written. ~~ •'' '•.9'L ~~ r~oT~~er ;~~, _._ • N '.+°U~LiG ' ~~'~ TF O F I~ P ••'~~ ~~''••....o~..••••• STATE OF IDAHO ) ss. COUNTY OF ADA ) Notary Pu6~~ Residing at ~ My commission and affixed my official ~/, Idaho D~ ~~~i~ On this day of 2007, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. 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 ,Idaho My commission expires: Page 5 of 5 • Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Q=ngineer ~~ CC: File Date: September 17, 2007 Re: Proposed Agenda Item for September 25 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 25 City Council agenda, under Consent Agenda, for Counal's consideration: Acreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Proiect Intersection Linder Road and McMillan Road The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection D_Inder Road and McMillan Road and authorizes the Mayor to sign it, Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 • • COOPERATIVE AGREEMENT FOR: WATER IMPROVEMENTS IN COORDINATION WITH BRIGHTON DEVELOPMENT INC PROJECT INTERSECTION CINDER ROAD AND MCMILLAN ROAD THIS AGREEMENT made and entered into this day of , 2007, by and between BRIGHTON DEVELOPMENT INC, an Idaho corporation as first party, and the CITY OF MERIDIAN, an Idaho municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party. WITNESSETH WHEREAS, BRIGHTON DEVELOPMENT INC is the Project Manager under a Cooperative Development Agreement with the Ada County Highway District (ACRD) for the McMillan/Cinder Roadway Improvement Project Number 307009 for the ACRD Project as defined in the Cooperative Development Agreement dated August 16,2006. Whereas, BRIGHTON DEVELOPMENT INC and MERIDIAN desire to undertake a joint effort to share the tasks and costs of rebuilding the roadway of the Intersection of Linder Road and McMillan Road, including water facility adjustments and relocations as detailed in ACRD Project Number 307009, hereinafter referred to as the CONTRACT. WHEREAS, BRIGHTON DEVELOPMENT INC is willing to accommodate MERIDIAN'S request by arranging for water facility adjustments and relocations as part of the Project plans so long as BRIGHTON DEVELOPMENT INC receives assurances that BRIGHTON DEVELOPMENT INC will be reimbursed for administrative costs and expenses as agreed in section 2, and that MERIDIAN will pay for all bid items attributed to the construction, adjustment, and relocation of the water facilities within the Project boundaries. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. BRIGHTON DEVELOPMENT INC SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein, pursuant to the terms and conditions required in the August 16, 2006 Cooperative Development Agreement, incorporated herein by this reference; b. Provide MERIDIAN with a complete roadway reconstruction, and for the facilities work referenced herein; set of combined bid documents for the adjustment and relocation of the water Page 1 of 5 • c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with BRIGHTON DEVELOPMENT INC'S recommendation for award of the CONTRACT prior to making such award; d. Forward invoices to MERIDIAN for payment to the contractor for water or sewer bid items. e. Provide centerline or offsets and stationing prior to MERIDIAN staking water facilities. Z. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the adjustment and relocation of the water facilities installed under the CONTRACT; b. Provide BRIGHTON DEVELOPMENT INC with the construction plans, special provisions, and unit bid quantities for the adjustment and relocation of the water facilities to be included in the bid documents for the CONTRACT (all work required for the water facilities to be pertormed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to the BRIGHTON DEVELOPMENT INC, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to BRIGHTON DEVELOPMENT INC within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse BRIGHTON DEVELOPMENT INC, up to a maximum of $5,000 for administrative costs incurred including overhead and benefits, project administration. This amount to be reimbursed shall be equal to 4% of the costs of the water and sewer portion of the project. f. Be liable for the cost of repairing any trench failures attributable to failure of the adjustment and relocation of the water facilities within the boundaries identified in the Contract, and be liable for and indemnify BRIGHTON DEVELOPMENT INC for any and all costs and damages resulting from any such trench failure. Page 2 of 5 • 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the water portion of the project shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the adjustment and relocation of the water facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; to be reconciled in the PreCon Meeting on or around January 1, 2008; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. In addition to such other remedies at law or equity for default that MERIDIAN may have, in the event that BRIGHTON DEVELOPMENT INC fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, MERIDIAN may withhold any reimbursements due to BRIGHTON DEVELOPMENT INC hereunder until such defaults are corrected to the satisfaction of MERIDIAN. h. In the event that MERIDIAN fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, BRIGHTON DEVELOPMENT INC shall be entitled to all remedies available at law or in equity. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and Page 3 of 5 U k. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: BRIGHTON DEVELOPMENT INC By: By: ATTEST: CITY OF MERIDIAN By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this / ~ ~ day of , 2007 befor e, a notary public in and r said tate personally appeared ~ ~%!~ n to me to be the r of BRIGHTON D ELOPMENT INC and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my seal the day and year fir~~,a~ove written. ~~ ~oT~:Rr .~N S ~.~. • • ''•. F ~ F [D P.••~• STATE OF IDAHO ) ss. COUNTY OF ADA ) Notary Pu6~li~~ Residing at CC My commission and affixed my official ~,,,~ Idaho fires: ~D~ ~o~D/~ On this day of 2007, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. 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 ,Idaho My commission expires: Page 5 of 5 • • September 20, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT September 25, 2007 ITEM NO. 5- REQUEST Approve Task Order 0713 with Civil Survey Consultants, Inc. for Engineering Services related to 2008 Water System Flush Lines Project for $37,665.00: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached memo /agreement P''~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Merldlan. r TASK ORDER N0.0713 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN 2008 WATER SYSTEM FLUSH LINES PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0713 -Design and Construction Per the City's request, the Engineer will provide professional services for design of eight water system flushing stations at seven locations throughout Meridian. The flushing stations are currently proposed to be located as follows: 1. Victory Road at Ten Mile Creek 2. Broadway Avenue and 3ro Street at the Hunter Lateral 3. Meridian Road and Bower Street at Nine Mile Creek 4. Overland Road at the 8-Mile Lateral (Low Zone and High Zone) 5. Red Feather Subdivision No. 7 at the South Slough 6. McMillan Road and Linder Road at the Settlers Canal 7. Mount Hood Avenue at Cloverdale Lateral We propose to provide the following under this scope of services: 1. Contact the Nampa Meridian Irrigation District and the Settlers Irrigation District to establish whether these flushing stations will be allowed under current regulations. 2. If allowed we anticipate that a license agreement will be required from the appropriate Irrigation District for each site. We will prepare any documents required for the license agreement for execution by the City of Meridian and Irrigation District. We will coordinate execution of the agreement. Any license fees will be paid by the City of Meridian. 3. If allowed we anticipate that a Joint Application For Permit will be required to be submitted by the Corps of Engineers and Idaho r Department of Water Resqurces. We will prepare the necessary permit application and submit it on behalf of the City of Meridian. All permit fees will be paid for by the City of Meridian. 4. As part of the permitting process we will perform a field survey as necessary and prepare complete plans and specifications for construction of the flushing stations. 5. The construction plans and specifications will be submitted to each of the previously mentioned agencies, as well as the Idaho Department of Environmental Quality, and the Ada County Highway District for their review and approval. 6. We will obtain a title report confirming the owner of each parcel where a flushing station is proposed. We will send each owner a copy of the construction plans and an easement form granting permission to locate the flushing station on their property. We will coordinate the execution of the easement form by the property owner. Any fees associated with granting the easements shall be paid by the City of Meridian. 7. It appears that flushing station #2 will be located on Union Pacific Railroad property. We will prepare the necessary permit application and submit it on behalf of the City of Meridian. All permit fees will be paid for by the City of Meridian. 8. Once approved by each agency, and any easements obtained, we will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. 9. We will be available to answer questions during construction and prepare record drawings off of red-lined plans to be provided to us by the City of Meridian. 10. All construction contracting, administration and inspection will be provided by the City of Meridian. TIME OiF COMPLETION Engineering services will be completed as needed. COMPENSATION The Nat-To-Exceed amount for this Task Order No. 0713 is Thirty Seven Thousand Six Hundred Sixty-five dollars ($37,665.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF MERIDIAN . ~ ~ (L BY. TAM a WEERD, MAY ENGINEER BY: IMO HY A. BU GE , VICE PRESIDENT ~~~~ :~~ `®• "ire •: Attest: ~ G ~~~~~~;> . ~~ '; ~.; J ~~ I WILLIAM G. BERG, JR., CITY ~ ~,, .G~ ~ A` _ ~~0i ~t-~,~~~s~ti 1 ~'~ ~ , ~`~ ~ Approved by City Council: C~`~ _ZJ~`r21%1;:~:=s=~~°t~~`~' (Date) • • Memo ~~E~D SEP ~ ~ zo~7 To: Will Berg; Tara Green Cit Cit 3 of Meridian From: Brent Blake 3' Clerk Office CC: File, Keith Watts Date: 9/19/07 Re: Proposed Agenda Item for September 25, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 25, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 0713 with Civil Survey Consultants Inc. for Enaineerina Services Related to 2008 City of Meridian Water System Flush Lines Services under this task order will include Engineering Consultation Services to design eight water system flushing stations at seven locations throughout Meridian. Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 0713 with Civil Survey Consultants, Inc. for Engineering Services Related to 2008 City of Meridian Water System Flush Lines for the amount of $37,665.00 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 TASK ORDER N0.0713 CITY OF MERIDIAN (OWNER) AND • CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN 2008 WATER SYSTEM FLUSH LINES PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0713 -Design and Construction Per the City's request, the Engineer will provide professional services for design of eight water system flushing stations at seven locations throughout Meridian. The flushing stations are currently proposed to be located as follows: 1. Victory Road at Ten Mile Creek 2. Broadway Avenue and Std Street at the Hunter Lateral 3. Meridian Road and Bower Street at Nine Mile Creek 4. Overland Road at the 8-Mile Lateral (Low Zone and High Zone) 5. Red Feather Subdivision No. 7 at the South Slough 6. McMillan Road and Linder Road at the Settlers Canal 7. Mount Hood Avenue at Cloverdale Lateral We propose to provide the following under this scope of services: 1. Contact the Nampa Meridian Irrigation District and the Settlers Irrigation District to establish whether these flushing stations will be allowed under current regulations. 2. If allowed we anticipate that a license agreement will be required from the appropriate Irrigation District for each site. We will prepare any documents required for the license agreement for execution by the City of Meridian and Irrigation District. We will coordinate execution of the agreement. Any license fees will be paid by the City of Meridian. 3. If allowed we anticipate that a Joint Application For Permit will be required to be submitted by the Corps of Engineers and Idaho Department of Water Resources. We will prepare the necessary permit application and submit it on behalf of the City of Meridian. All permit fees will be paid for by the City of Meridian. 4. As part of the permitting process we will perform a field survey as necessary and prepare complete plans and specifications for construction of the flushing stations. 5. The construction plans and specifications will be submitted to each of the previously mentioned agencies, as well as the Idaho Department of Environmental Quality, and the Ada County Highway District for their review and approval. 6. We will obtain a title report confirming the owner of each parcel where a flushing station is proposed. We will send each owner a copy of the construction plans and an easement form granting permission to locate the flushing station on their property. We will coordinate the execution of the easement form by the property owner. Any fees associated with granting the easements shall be paid by the City of Meridian. 7. It appears that flushing station #2 will be located on Union Pacific Railroad property. We will prepare the necessary permit application and submit it on behalf of the City of Meridian. All permit fees will be paid for by the City of Meridian. 8. Once approved by each agency, and any easements obtained, we will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. 9. We will be available to answer questions during construction and prepare record drawings off of red-lined plans to be provided to us by the City of Meridian. 10. All construction contracting, administration and inspection will be provided by the City of Meridian. TIME OF COMPLETION Engineering services will be completed as needed. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0713 is Thirty Seven Thousand Six Hundred Sixty-five dollars ($37,665.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF MERIDIAN BY TAMMY de WEERD, MAYOR Attest: 10VILLIAM G. BERG, JR., CITY CLERK Approved by City Council: ENGINEER ~~~ r` ~ / BY: IMO HY A. BURGE , VICE PRESIDENT (Date} • • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. S-G REQUEST Approve Change Order for McAlvain Construction and ILS Company, Inc.. for MYB Complex at Settlers Park in the amount of $20,600.00: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See Attached Memo /Documents 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. • • Page 1 of 1 Sharon Smith From: Diane Stewart Sent: Thursday, September 20, 2007 9:14 AM To: Sharon Smith; Will Berg Subject: Settler's Park MYB Construction Change Order SCANNED Importance: High Attachments: Backup Documentation for Settlers MYB Const Chng Order.doc; Settler's Park MYB Construction Change Order SCANNED.doc Per Elroy Huff, I am to send this over to you for City Council Agenda on September 25, 2007. Thanks Diane 9/20/2007 i Memo To. Mayor de Weerd /City Council Cc: VIIii! Berg From: Steve Siddoway / Elroy .Huff Date: September 2d, 20p7 Vie: Settler's. ParkfM'Y'B Construction Change Order ~: s~~ ~ ~ ~~® City Ot'Ii~eri pity Clem The Park Staff is requesting approval of a c~lange order for McAfvain Construction. :and ILS Go., lnc. to be added to the consent agenda at your Septemt~er 2Y>, 20{17 meeting, Suppcyrtinc} dacumentatifln is attached, The t~an9e orders beloav have already been approved in concept by City I~ounal through file budget amendment process on August 7, 2007. They are includes here as format change grders t4dean up the process. Chance Order-Amswrtt $20,C00.Q0 The change order is for the fol{owing items.; + Re-seeding of 2 hardball fields this spring costing X10,575.00. • Re-mi{ting of aggregate for the warning track which needs tQ be mills~d tc~ a .:smaller size costing :$3,000.00. Boring under the street to get an extra irrigation line installed for a test of $2,267.Q0. {No backup documentation for this item}. • .Required up-size of a water line and mefer to the small restroom building for a cost of ~, 75S.OQ T©TA;L AMOUNT OF'CHANGE ORDERS:. $20,600.Op • 1iiG. 8. ~~r~7 ~: ~2F~~ ~~ALUAI~ CO~I~T HUr W a cNV'~ i i ; a~FtF1 ~» 7G91 S. Grogra `F~'ap ~~~~~- m ~~s~a ca~s3~~s.,~xss P '/ InY~ice ~' ~"=" ' ~' ~, ~~ r~'4JG. ~. Z~~'~7 ~, ~2EId~?M 4, Jwte 4, 2bt?? N't;AL~'AIN ~4N§T ~r,~. esp. E~(~. 4a1~~ f. 6 r'~3 tLS Co., Inc.. ~ e3~6'~vc~c Stare 5ftra~t Boise, ID 83Tfl3.6tY74 A'Chr• Cotund Kranzlar ' ~; Meadi~n Y'atnh Baseball PYcte#s . T'Esa taus ~ne9 otlginally ~ub-'nltred far the dab mentiosled above w~,e the staaderdl 3J8" pa+adnes. Tlas prc,~luct was rejected by Hte prt~f tcrowr-ar is the Fa]I o~'20bb. retur~aed to the pojeat owner ~ the spring of 2.00'! with s sampte of aaatl~or 2(3x7!, at. T1o9s 4mur, ra~r+a~oad protect was aplZroved hr tho gcajeat owner or- 7Wt-e 4, . The 4mt:t rascreenecl product carries ~ uiditianai asst o£'SS.DO per atsbfc yard. T'hatzttoi ®dditivnai cost ie ~3pU0.0a a5.38'N 1'H ~LC~YE1~AlE RQgD ~ P10F~rc, iDAMO 837}3 • PiiQNE ~Q~$TB~rS?.®$ • ~'~k'X 808-375913 ~. F~iral 8pportu+t+'h~' Employer Ti~'LE: [J~sii~s~ Concession Waterl9ne GRANGE Ol2DEA REiQUEST CHANGE ORDER N4~.: 3 PRUT~CT: MesYdim Youth Ball Fields DATE: 8117/07 TGt: McAivain Constn~cxiou, xnc, 'PORK ORDER NO: 022.106 CON~'RAGT NO.; 122 21,'1: Anell `Slavick FHONE: 2(~8-362-2125 ~AXs 208- Item .. D~crlptio>a : ... Un9fs;. Uait Pclce J;r1et:A~m9~. . _ .... _ .. 1 106.2+5 Upaize Waterline to Comcesston Q~x . - LS ... $4,75'1.52 Bu~r>fing Total: $4,757:52 51JBA'J!1'rED 13Y: AP'PROVAb Sigaed APPROVED: ~ ~_ J ~' REJECi'ED: Datea t?Sf17/07 Date: ~' .~a ~ ;~ ID RE~ISTRATIt}E4 RCE-14471 5559 W. G{1WEtd Rp BQISE, IRi4H0 83709 tom) 362-2125 fAk f2a813cz-a356 atic: ~~. ~oc'7 ~ ~; ~x~~~ ~rcA~aAi~ ~6~~r • • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. S-H REQUEST Approve Task Order 0718 for Professional Services with Civil Survey Consultants, Inc. for Engineering Consulting Services for Municipal Water and Sewer Systems not to exceed $20,000.00: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached memo /agreement 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 Mertdian. TASK ORDER NO.11718 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGiNEERj This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 200fi. CITY OF MERIDIAN ENGINEERING CONSULTING FOR MUNICIPAL WATER AND SEWER SYSTEMS PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 1.1 -PLAN REVIEW /CONSULTATION Per the City's request, Engineer will provide Engineering Consulting Services related to municipal water supply and distribution, and wastewater collection and treatment. Services may include performing analysis of existing and proposed systems, researching alternatives, and providing recommendatiansfor improvements. Additionally, services may also include preparing drawings and submittals for construction and agency (DEQ, IDWR, COE, etc.} review. TIME OF COMPLETION Engineering services will be completed on an as needed basis and time of completion will be set as services are requested. COMPENSATION The Not-Ta-Exceed amount far this Task Order Na 0718 is twenty thousand dollars ($20,000.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. ITY OF MERIDIAN Y: ENGINEER • Memo To: Will Berg; Tara Green • ~ECEIV~~ CEP z a zoor From: Kyle Radek, P.E., Staff Engineer ~ %ity ®f`.Illeridia.~ City Clerk Office CC: File, Len Grady, Keith Watts iDate: 9/20/07 Re, Proposed Agenda Item for September 25, 2007 City Councal Meeting The Public Works Department respectfully requests the following item be placed on the September 25 Ciiy Counal agenda, under Consent Agenda, for Council's consideration: Task Order 0718, Agreement for Professional Services with Civil Survev Consultants Inc. for Engineering Consulting Services for Municipal Water and Sewer Systems. This task order is intended to tie used for on-pll consulting for various projects. Recommended Council Action: The Public Works Department recommends that City Council approves Task Order 071 S for Professional Services with Civil Survey Consultants, Inc. for Engineering Consulting Services for Municipal Water and Sewer Systems for a cost not to exceed $20,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • TASK ORDER N0.0718 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN ENGINEERING CONSULTING FOR MUNICIPAL WATER AND SEWER SYSTEMS PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 1.1 -PLAN REVIEW /CONSULTATION Per the City's request, Engineer will provide Engineering Consulting Services related to municipal water supply and distribution, and wastewater collection and treatment. Services may include pertorming analysis of existing and proposed systems, researching alternatives, and providing recommendations for improvements. Additionally, services may also include preparing drawings and submittals for construction and agency (DEQ, IDWR, COE, etc.) review. TIME OF COMPLETION Engineering services will be completed on an as needed basis and time of completion will be set as services are requested. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0718 is twenty thousand dollars ($20,000.00). The hourly rate for services and direct expenses is attached (Prevailing Fee Schedule Effective October 1, 2006) and by this reference made a part hereof. CITY OF MERIDIAN ENGINEER BY: ~~ ~ ,,.- ~~ TAMMY de WEERD, MAYOR BY: IMO'f Y A. BU GESS VICE PRESIDENT Attest: WILLIAM G. BERG, JR., CITY CLERK i • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. S-I REQUEST Approve Sanitary Sewer and Water Main Easement with Ten Mile Center, LLC for McNelis Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS See Attached Email /Easement ~~ wl~ Materials presented at public meetings shall become property of the City of Mertdlan. • • Sharon Smith From: Karie Glenn Sent: Thursday, September 20, 2007 2:50 PM To: Sharon Smith Subject: FW: McNelis Subdivision Please proceed with the easement for council agenda. Thanks -----Original Message----- From: Steve O'Brien Sent: Thursday, September 20, 2007 1:25 PM To: Karie Glenn Subject: RE: McNelis Subdivision Karie, It's a go... Steve -----Original Message----- From: Karie Glenn Sent: Thursday, September 20, 2007 10:01 AM To: Steve O'Brien Subject: FW: McNelis Subdivision Can you review this easement and make sure it is ready to proceed with Council. Thanks, Karie -----Original Message----- From: Sharon Smith Sent: Thursday, September 20, 2007 8:19 AM To: Len Grady; Karie Glenn; Bill Nary; Michelle Albertson Subject: FW: McNelis Subdivision Please let me know today if this ok to put on agendas, as I am out tomorrow due to my brother's wedding. Otherwise we can deal with it Monday. Thanks! -----Original Message----- From: Shari [mailto:es-sharis@gwest.net] Sent: Wednesday, September 19, 2007 4:34 PM To: Len Grady Cc: Sharon Smith; Tara Green Subject: McNelis Subdivision Len: Could you please route the attached easements to the appropriate person and put them on the agenda for next Tuesday? We will send the original to Sharon so she can get it signed after City Council acceptance of the easements. Also, we prepared a pedestrian pathway easement in 2005, but I find nothing on your website or in my files that it was ever completed. Could you check your files and see if you have a record of it? Thanks! Shari Stiles Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 1 ~ • ADA COUNTY RECORDER J. DAVI VARRO AMOUNT .00 18 ~ BOISE IDAHO 01!31!08 01:25 PM I DEPUTY Patti Thompson RECORDED-REQUEST OF 108011074 City of Meridian ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 42 DEPUTY ABonni Obe b ~Fg 2 PM ~ RECORDED-REQUEST 1111111IIIIIIIll~12111111111111111111 ~ Meridian Cit~ -- - -- • - - -- -- - -- - Z This sheet has been added to the document to accommodate recording information. :, Second Recording to allow for Correction of Legal Description for Sanitary Sewer and Water Main .E~i.~se~nent. ~... McNelis Subdivision by Ten Mile Center, LLC. Approved by City Council on September 25, 2007. ~,~~~d fo co~~e~ ~ey~s Qnd e'~' )LINTY RECORDER J. DAVID NAVARRO AMOU 00 24 , ADA COUNTY RECORDER J. DAVILI~ARRO AMOUNT .00 ~ IDAHO 01/31/08 01:25 PM ~ i BOISE IDAH010125I07 01:39 PM _~ Y PatO Thompson DEPUTY Bonnie Oberbillip DED-REQUEST OF ~ RECORDED-REQUEST OF Meridian 10811675 I Meridian City i 4 4Q SANITARY SEWER AND WATER MAIN EASEMENT t 2007, between Ten Mile Center, LLC, the THIS INDENTURE, made this day of 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 particulazly 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, i~t 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 E~GiIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water matins 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and betwe! 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. 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 azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement McNelis Subdivision • 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: TEN MILE CENTER, LLC Western Horizons, Inc. Edwazd J. c elis, Man ing Member STATE OF IDAHO } ss County of Ada ) On this ~ day of ~ ~ 2007, before me, the undersigned, a Notary Public in and for said S te, personally appeared Edward J. McNelis, known or identified to me to be the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have day and ye~,,,f~~,ove written. set my hand and my official seal the o ~ A ~~ ~~T~.~~ ~® ®~ °aE ~~ ®aaoQE~~~ qo Nb~I'ARY Pl Residing at:_ Commission Sanitary Sewer and Water Main Easement McNelis Subdivision • GRANTEE: CITY OF MERIDIAN ``````\`~~~,,, ~ ~ ~ ~ ~ ~ ~ ~",,,,~~~~~'',' ~` ~ ~r Q i Tammy de ee ayor ~~~~ 9 ~ ~~. Attest by William G. Ber City Jerk ~''% Approved By City Council On: ' ~ ~~ ~ / STATE OF IDAHO, ) . ss. County of Ada ) On this~~day of (~ Ci~ ~ ~" ` , 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. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: ~YI/Ut,~.~c~- ~ ~~ Commission Expires: (p - (~~ I 1 Sanitary Sewer and Water Main Easement McNelis Subdivision August 29, 2007 .. , ~ .: ~ MERIDIAN CITY SEWER AND WATER EASEMENTS PROPOSED McNELIS SUBDIVISION Easements for Meridian City sanitary sewer and domestic water facil the S' 1/4 of Section 34, T.4N., R.1W., B.M., Ada County, Idaho, more part as folio / ,{6cated in rly described EASEMENT Commen 'ng at the corner common to Sections 2 and 3, T. ., R.1 W., and Sections 34 and 35, T.4N., .1 W., B.M.; thence along the South bounda of said Section 34 North 89°43'00" West, 88 . 5 feet; thence leaving said South boun ry North 00°17'00" East, 48.00 feet to a point on a North right-of-way line of W. Us ' k Road, the REAL POINT OF Bf GiNN~ING; thence North 89°43'00" Wit, 21.00 feet; thence North 00°17'00" East, 46'`QO feet; thence South 89°43'00" East, 21.00 thence South 00°17'00" West, 4 .00 feet REAL POINT OF BEGINNING. Containing 966 S:F, more or less. EASEMENT B Commencing at the cor r common to Sections 2 a d 3, T.3N., R.1 W., and Sections 34 and 35, T.4N.., R.1 W., B. .; thence along the South boun ry of said Section 34 North 89°43'00" West, 843.21 fe ;thence leaving said South bound North 00°17'00" East, 123.00 feet to the REAL O1NT OF BEGINNING; thence continue North 00°17'00" East, 22.00 feet; thence Soli 89°43'00" East, 37.00 feet; thence ;a'outh 00°7'00" West, 22.00 feet; then a North 89°43'00" West, 37.00 feet to REAL POINT OF BEGINNING.. ntaining 814 SF, re or less. EASE ENT C Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 nd 35, T.4N., R.1 W., B.M.; thence along the South boundary of said Section 34 North 8 43'00" West, 825.21 feet; thence leaving said South boundary North 00°17'00" East, 280.00- feet to the REAL POINT OF B~EGINN~ING; C:\Documents and Settings\gcarter.IS\Local Settings\Temporary Internet Files\OLKASl50414-MER-EASE.DOC • thence continuing North 00°17'00" East, 60.00 feet; thence South 89°43'00" Eas#, 30.00 feet; thence South 00°17'00" West, 60.00 feet; t nce North $9°43'00" West, 30.00 feet to REAL POINT OF BEGIN G. Containing 1,800 SF, ore or less. EASEMENT D Commence at the corner common to Sections 2 and 3, T.3N , R.1 W., and Sections 34 and 35, T.4N.., R. W., B.M.; thence along the South boundary o said Section 34 North $9°43'00" West, 702. feet; thence leaving said South boundary orth 00°17'00" East, 130.00 feet to the REAL OINT OF BEGINNING; thence North 89°43'0 West, 36.00 feet; thence North 00°17'00" Eat, 21.00 feet; thence South 89°43'00" East, 300 feet; thence South 00°17'00" West, 21. Containing 756 SF, more or less. EASEMENT E Commencing at the corner corn 34 and 35, T.4N., R.1 W., B.M.; thence 89°43'00" West, 603.21 feet; thence le 48.00 feet to a point on the north right BEGINN:IN'G; POINT OF BEGINNING. n o Sect ns 2 and 3, T.3N., R.1 W., and Sections g the So boundary of said Section 34 North ng said Sout boundary North 00°17'00" East, Nay of W. Ustic Road, the REAL POINT OF thence North 89°43'00" W,~st, 21.00 feet; thence North 00°17'00" East, 46.00 feet; thence South 89°4~f00" East, 21.00 feet; thence South 017'00" West, 46.00 feet to REAL POINT OF BEG~'I,VNING. Containing 966 SF, ore or less. EAS'E•MENT F Comme cing at the corner common to Sections 2 and 3, T.3N., R.1 W., a Sections 34 and 35, T N., R.1 W., B..M.; thence along the South boundary of said Section North 89°43'00" est, 439.2.1 feet; thence leaving said South boundary North 00°17'00" st, 48.00 fee o a point on the north right-of--way of W. Ustick Road, the REAL POINT O BfGINN G; thence North 89°43'00" West, 21.00 feet; C:\Documents and Settings\gcarter.IS\iocal Settings\Temporary Internet Files\OLKAS~SU414-M•ER-EASE.UOC . • thence North 00°17'00" East, 47.00 feet; thence South 89°43'00" East, 21.00 feet; thence South 00°17'00" West, 47.00 feet to REAL POINT OF BEG NING. Con fining 987 SF, more or less. EASEM T G Co encing at the corner common to Sections 2 and 3, T N., R.1 W., and Sections 34 and 35, T. ., R.1 W., B.M.; thence along the South bounda of said Section 34 North 89°43'00" West, 57.96 feet; thence leaving said South boun ry North 00°17'00" East, 235.00 feet to the EAL POINT OF BfGIN'NING; thence North 8 °43'00" West, 20.00 feet; thence North 00°17 5" East, 30.00 feet; thence North 89'°43'00" es#, 9.00 feet; thence South 00°17'35" We 31.00 fe t; thence North 89°43'00" West, 2 .00 eet; thence North 00°17'35" East, 31.0 et; thence North 89°43'00" West 00.25 fe ; thence South 00°17'00" W st, 30.00 feet; thence North 89°43'00" est, 20.00 feet; thence North 00°17' "East, 30.00 feet; thence North 89° '00" West, 20.00 feet; thence South 0 °17'00" West, 30.00 feet; thence Nort 89°43'00" West, 20.00 feet; thence N rth 00°17'00" East, 30.00 feet; thence orth 89°43'00" West, 173.00 feet; the a North 00°17'00" East, 20.00 feet; t ence South 89°43'00" East, 202.30 feet; thence North 00°17'00" East, 20.00 feet; C:\Documents and Settings\gcarter.IS\Local Settings\Temporary Internet Files\OGKAS\SU414-MER-EASE.DOC i thence South 89°43'00" East, 21.00 feet; thence South 00°17'00" West, 20.00 feet; . thence South 89°43'00" East, 20.00 feet; the ce North 00°17'00" East, 20.00 feet; fhenc South 89°43'00" East, 2.1.00 feet; thence S uth 00°17'00" West, 20.00 feet; thence Sout 89°43'00" East, 198.96 feet; thence North 00 17'35" East, 210.00 feet; thence North 89°43 0" West, 30.00 feet; thence North 00°17'35" ast, 21.00 feet; thence South 89°43'00" Ea t, 30.00 feet; thence North 00°17'35" East, 8.00 feet; thence North 89°43'00" West, 30. 0 feet; thence North 00°17'35" East, 21.00 ; thence South 89°43'00" East, 30.00 ee , thence North 00°17'35" East, 3 .88 feet; thence South 89°42'25" Eas 20.00 feet; thence South 00° 17'35" est, 170.87 feet; thence South 89°43'0 "East, 31.00 feet; thence South 00° '35" West, 21.00 feet; thence North 8 °43'00" West, 31.00 feet; thence So 00°17'35" West, 19.00 feet; thence outh 89°43'00" East, 31.00 feet; the ce South 00°17'35" West, 21.00 feet; thence North 89°43'00" West, 31.00 feet; C:\Documents and Settings\gcarter.IS\Local Settings\Temporary (ntemet Files\OLKAS\SU414MER-EASE.DOC • thence South 00°17'35" West, 139.00 feet; thence South 89°43'00" East, 20.00 feet; the ce South 00°17'35" West, 21.00 feet; thence orth 89°43'00" West, 20.00 feet; thence Sou 00°17'35" West, 18.00 feet; thence South 8 °43'00" East, 20.00 feet; thence South 00°1 '35" West, 21.00 feet; thence North 89°43'00 West, 20.00 feet; thence South 00°17'35" st, 149.00 fe ; thence South 89°43'00" East, 0.00 f t; thence South 00°17'35" West, 2 0 feet; thence North 89°43'00" West, .0 feet; #hence South 00°17'35" We , 40.00 fe t to the REAL POINT OF BEGINNING. Containing 28,596 SF, more or le s. EASEMENT H Commencing at the rner common to Sectio s 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B .; thence along the East oundary of said Section 34 North 00°17'35" East, 224.99 fe t; thence leaving said East b undary line North 89°42'25" West, 49.50 feet to the REAL OINT OF BEGINNING. thence South °00'13" West, 5.03 feet; thence Sou ~ 00°17'35" West, 16.00 feet; thence rth 89°43'00" West, 52.00 feet; then North 00°17'35" East, 21.00 feet; th nce South 89°43'00" East, 52.50 feet to the REAL POINT O BEGINNING. Contai ng 1,093 SF, more or less. EAS MENT I Commencing at the corner common to Sections 2 and 3, T.3N., R.1 ,and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 328.99 feet; thence leaving said East boundary line North 89°42'25" West, C:\Documents and Settings\gcarter.IS\Local Settings\1'emporary Internet Files\OLICASl50414-M'ER-EASE.DOC 48.00 feet to a point on the west right-of-way of N. Ten Mile Road, the REAL POI BEGINNING. thence South 00°17'35" West, 21.00 feet; th nce North 89°42'25" West, 55.00 feet; then North 00°17'35" East, 21.00 feet; thence So h 89°42'25" East, 55.00 feet to the REAL POI T OF BEGINNING. Containing 1,155 S more or less. EASEMENT J Commencing at th comer common to Sections 2 nd 3, T.3.N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B. .; thence along the East b undary of said Section 34 North 00°17'35" East, 384.88 feet; ence leaving said East oundary line North 89°42'25" West, 712..28 feet to the REAL POIN OF BEGINN-ING. thence North 89°43'00" Wes~,29.00 feet; thence North 00°17'00" East, 21: thence South 89°43'00° East, 29. thence South 00°17'00" West, 21".00 fe~to the REAL POINT OF BEGINNING.. Containing 609 SF, more or less. ~ \ EASEMENT K Commencing at the corne common to Section 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.• hence along the East b undary of said Section 34 North 00°17'35" East, 413.70 feet; ence leaving said East bo dary Iine~North 89°42'25" West, 795.26 feet to the REAL P NT OF BEGINNING. thence 4.00 feet ong the arc of anon-tangent curve to he left, said curve having a radius of 427.00 feet, a elta angle of 00°32'12", and a long cho bearing South 00°33'06" West, 4.00 feet to a p lnt of tangency; thence SoutrS 00°17'00" West, 17.00 feet; thence N rth 89°43'00" West, 33.00 feet; thenc North 00°17'00" East, 21.00 feet; the ce South 89°43'00" East, 33.02 feet to the REAL POINT OF BfGI ;ING.. Containi 693 SF, more or less. EASEMENT L Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North C:\Documents and Settings\gcarter.IS\Local Settings\Temporary Internet Files\OLKA5~50414MER-EASE.DOC C~ • 00°17'35" East, 444.88 feet; thence leaving said East boundary line North 89°42'25" West, 702.18 feet to the REAL POINT OF BEGINNING. / thence North 89°43'00" West, 37.44 feet to a point on a curve; ence 20.15 feet along the arc of anon-tangent curve to the right, aid curve having a radius of 73..00 feet, a delta angle of 03°05'43", and a long chord bear' g North 07°14'24" East, 20.1 eet; thence uth 89°43'00" East, 35.00 feet; thence South 00°1 0"West, 20.00 feet to the REAL POIN OF BEGINNING. Containing 726 SF, more or Tess. EASEMENT M Commencing at the c mer common to Section 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N,., R.1 W., B.M., thence along the E t boundary of said Section 34 North 00°17'35" East, 495.31 feet; the ce leaving said st boundary line North 89°42'25" West, 786.62 feet to the REAL POINT O BEGINNIN thence North 80°50'56" West, 3t~03 feet to a point on a curve.; thence 29..09 feet along the arc of on-tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of03 38' ", and a long chord bearing North 13°29'41" East, 29.08 feet; thence North 80°50'56" We , 171.92 feet; thence South 00°17'00" ~pUest, 41.09 feet; thence North 89° thence North 00°1 thence North West, 23.50 feet; East, 44.76 feet; West, 1.57 feet; thence North,89°43'00" West, 362.53 feet; thence Nor,~h 37°25'41" West, 25.28 feet; thence ~'outh 89°43'00" East, 379.54 feet; North 09°09'04" East, 43.00 feet; South 80°50'56" East, 24.00 feet; South 09°09'04" West, 43.00 feet; thence South 80°50'56" East, 177.43 feet to a point on a curve; C:\Documents and Settings\gcarter.ISU.ocal Settings\Temporary Internet Files\OLICAS\Sf)414MER-EASE.DOC thence 21.33 feet along the arc of anon-tangent curve to the right said curve having a radius of 457.00 feet, a delta angle of 02°40'26", and a long chord bearing North 19°1,1%03" East, 21.33 feet; ence South 80°50'56" East, 30.64 feet to a point on a curve; then 70.67 feet along the arc of anon-tangent curve to the left, s 'd curve having a radius of 427. feet, a delta angle of 09°29'00", and a long chord beari South 16°35'24" West, 70.59 feet the REAL POINT OF BEGINNING. Containing 15 66 SF, more or less. EASEMENT N Commencing at t e comer common to Sections 2 and 3, .3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., M.; thence along the East bounda of said Section 34 North 00°17'35" East, 504.88 feet; hence leaving said East bound line North 89°42'25" West, 685.07 feet to the REAL POI OF BEGINNING. thence North 89°43'00" West, 43.88 feet to a poiryYon a curve; thence 20.85 feet along the arc f a non-tang t curve to the right, said curve having a radius of 373..00 feet, a delta angle of 0 °12'09", a along chord bearing North 16°39'56" East, 20.85 feet; thence South 89°43'00" East, 38.00 thence South 00°17'00" West, 20.00 feet tp~the RL~~-L POINT OF BEGINNING. Containing 821 SF, more or less. / EASEMENT O Commencing at the comer co mon to Sections 2 d 3, T.3N., R.1 W., and Sec#ions 34 and 35, T.4N., R.1 W., B.M.; the ce along the East boun ary of said Section 34 North 00°17'35" East, 559.88 feet; then leaving said East bound line North 89°42'25" West, 687.08 feet to the REAL POIN OF BEGINNING. thence South 00°17'OQ'" West, 35.00 feet; #hence North 89°47'00" West, 36.00 feet to a point on a curve; thence 37.47 fe along the arc of anon-tangent curve to the right, id curve having a radius of 373..00 feet delta angle of 05°45'21 ", and a long chord bearing N h 21°08'41" East, 37.46 feet; thence S th 89°43'00" East, 22.66 feet to the REAL POINT OF BEGINNI G. Containing 1,0 8 SF, more or less. EASEMENT P Commencing at the comer common to Sections 2 and 3, T.3•N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North C:\Documents and Settings\gcarter.IS\Local Settings\Temporary Internet Files\OLKASl50414-M•ER-EASE.DOC ~ i 00°17'35" East, 588.66 feet; thence leaving said East boundary line North 89°42'25" West, 756.00 feet to the REAL POINT OF BEGINNING. thence North 52°44'39" West, 30.65 feet to a point on a curve; thence 27.39 feet along the arc of anon-tangent curve to the right, said cu a having a radiu f 457.00 feet, a delta angle of 03°26'04", and a long chord bearing No ~ 27°35'2.1" East, 2 39 feet; then South 52°44'39" East, 30.31 feet to a point on a curve; thence 2 45 feet along the arc of anon-tangent curve to the ft, said curve having a radius of 427.00 f t, a delta angle of 03°41'01 ", and a long chord eating South 26°54'07" West, 27.45 feet tot a REAL POINT OF BEGINNING. Containi 823 SF, more or less. EASEMENT Q Commencing at the orner common to Sections 2 a 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B. ;thence along the East bo dary of said Section 34 North 00°17'35" East, 647.61 feet; th nce leaving said East b undary line North 89°42'25" West, 722.91 feet to a point on a curve Bing the REAL PO T OF BEGINNING. thence 28.11 feet along the a c of anon= radius of 427.00 feet, a delta angle o 3°46`2 West, 28.11 feet; thence North 52°44'39" West, nt curve to the left, said curve having a a long chord bearing South 32°15'17" to a point on a curve; thence 28.10 feet along the arc f a no tangent curve to the right, said curve having a radius of 459.00 feet, a delta angle 03°30'26", and a long chord bearing North 32°36'16" East, 28..09 feet; thence South 52°44'39" ast, 32.04 feet to the EAL POINT OF BEGINNING. Containing 899 SF, more or I ss. EASEMENT R \ Commencing at t e corner common to Sections 2 an 34 and 35, T.4N., R.1 ., B.M.; thence along the East boun~ 00°17'35" East, 674. feet; thence leaving said East boun~ 48.00 feet to a poin on the west right-of--way of N. Ten Mile BEGINNING. 3, T.3N., R.1 W., and Sections of said Section 34 North ine North 89°42'25" West, oa the REAL POINT OF thence~ong said right-of-way South 00°17'35" West, 26.00 North 89°43'00" West, 34.00 feet; South 00°17'35" West, 28.00 feet; thence North 89°43'00" West, 21.00 feet; C:\Documents and Settings\gcarter.l5\Local Settings\Temporary Internet Files\OLKAS\50414-MER-EASE.DOC ~ ~ thence North 00°17'35" East, 87.00 feet; thence South 89°43'00" East, 21.00 feet; thence South 00°17'35" East, 33.00 feet; thence South 89°43'00" East, 34.00 feet to the REAL POINT OF,BEGINNING. Contai ' g 2,711 SF, more or less. ~ EASEMEN ~ Comme ing at the comer common to Sections 2 and 3„ l' 3'N., R.1W., and Sections 34 and 35, T.4N.., .1W., B.M.; thence along the East bou-ndary of said Section 34 North 00°17'35" East, 70 56 feet; thence leaving said East boundary line North 89°42'25" West, 594.22 feet to the RE L POINT OF BEGINNING. ; thence South 31 °4 '35" East, 35.16 feet to a poi , t on a curve; thence 28.30 feet alon the arc of a non-tan nt curve to the left, said curve having a radius of 338.00 feet, a delta an le of 04°47'47", d a long chord bearing South 50°04'07" West, 28.29 feet; thence North 31°45'35" West, .55 fe t to a point on a curve; thence 28.24 feet along the arc of radius of 373.00 feet, a delta angle of East, 28.24 feet to the REAL POINT O tangent curve to the right, said curve having a and a long chord bearing North 50°50'28" INING. Containing 989 SF, more or less. EASEMENT T Commencing at the corner ommon to Sectio s 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; t ence along the East oundary of said Section 34 North 00°17'35" East, 717.16 feet; th nce leaving said East b ndary line North 89°42'25" West, 664.67 feet to the REAL POI T OF BEGINNING. thence North 30°16' 3" West, 30.78 feet to a point on curve; thence 24.45 fe along the arc of anon-tangent curve to a right, said curve having a radius of 457.00 feet, delta angle of 03°03'55", and a long chord Baring North 48°45'46" East, 24.45 feet; thence Nosh 30°16'03" West, 297.01 feet; thence South 59°43'57" West, 20.00 feet; thenta~e North 30°16'03" West, 51.00 feet; North 86°51'15" West, 174.18 feet; thence South 00°01'19" East, 40.06 feet; C:\Documents and Settings\gcarter.IS\L.ocal Settings\Temporary Internet Files\OLKASl50414=MER-EASE.DOC thence North 86°51'15" West, 23.04 feet; thence North 00°01'19" West, 40.06 feet; thence North 86°51'15" West, 365.32 feet; th ce South 02°09'02" West, 434.96 feet; thenc -North 37°25'41" West, 31.39 feet; thence No h 02°09'02" East, 431.12 feet; thence South °51'15" East, 617.61 feet; thence North 64°1 '16" East, 277.37 feet; thence South 89°43'0 "East, 51.61 feet; thence South 01°00'46" est, 43.00 fee thence South 63°46'45" Wes ,27.00 et; thence North 25°45'44" West, 41~ feet; thence South 64°14'16" West, 1.6 feet; thence South 30° 16'03" Eas , 28.09 feet, thence South 64°14'16" es#, 33.10 feet; thence North 30°16'03" West, 18.06 feet; thence South 64°14' 6" West, 11.03 feet; thence South 30° .6'03" East, 312.62 feet to a point n~a curve; thence 31.12 et along the arc of anon-tangent curve the right, said curve having a radius of 457.00 fe , a delta angle of 03°54'07", and a long cho d.bea~ring North 54°46'47" East, 31.12 feet; thence outh 30°16'03" East, 30.04 #eet to a point on a curve; thenc 75.89 feet along the arc of anon-tangent curve to the left, ~ id curve having a radius of 4 .00 feet, a delta angle of 10°11'01", and a long chord bearing outh 51°25'40" West, 75. feet to the REAL POINT OF BEGINNING. Containing 2,275 S ,more or less. EASE NT U Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., an Sections 34 and 35, T.4N.., R.1 W., B.M.; thence along the East boundary of said Section 34 North C:\Documents and Settingslgcarter.IS\l.ocai Settings\Temporary Internet Files\OLKASl50414-MER-EASE.DOC ~ ~ 00°17'35" East, 787.68 feet; thence leaving said East boundary line North 89°42'25" West, 416.72 feet to the REAL POINT OF BEGINNING. thence South 58°14'25" West, 61.00 feet; thence North 31°45'35" West, 27.00 feet; th ce North 58°14'25" East, 61.00 feet; thence outh 31°45'35" East, 27.00 feet to the REA POINT OF BEGINNING. Containing 1,64 SF, more or less. EASEMENT V , Commencing at ~ e corner common to Secti s 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., .M.; thence along the ast boundary of said Section 34 North 00°17'35" East, 835.69 fee ,thence leaving said ast boundary line North 89°42'25" West, 330.00 feet to the REAL POINT OF BEGINNI. G. thence North 00°17'35" East, 31.86 et to a point on a curve; thence 28.77 feet along the arc o anon-tangent curve to the right, said curve having a radius of 173.00 feet, a delta angle of °31'47", and a long chord bearing North 77°15'24" East, 28.74 feet; thence South 00°17'35" Wq~t, 30.38 feet to a point on a curve; // (hence 29.16 feet along a arc of a non-ta gent curve to the left, said curve having a radius of 143.00 feet, a delta ngle of 11 °41'00", a along chord bearing South 74°25'41" West, 29.11 feet to the REA POINT OF BEGINNI .Containing 868 SF, more or less. EASEMENT W Commencing at a corner common to Sections 2 nd 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 ., B.M.; thence along the East bou ary of said Section 34 North 00°17'35" East, &48. -feet; thence leaving said East boun ry line North 89°42'25" West, 222..00 feet to the AL POINT OF BEGINNING. thence ao~inuing North 89°42'25" West, 21.00 feet; thence ~Qorth 00°17'35" East, 27.00 feet; thenc,~ South 89°42'25" East, 21.00 feet; th~ce South 00°17'35" West, 27.00 feet to the REAL POINT OF BEGINNING. Contain) q 567 SF, more or less. \ EAS ENT X Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W.., a Sections 34 nd 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North C:\DoCUments and Settings\gcarter.IS\Local Settings\Temporary Internet Files\OLKAS\50414-MER-EASE.DOC 00°17'35" East, 863.82 feet; thence leaving said East boundary line North 89°42'2 "West, 447.74 feet to the REAL POINT OF BEGINNING. thence North 25°45'44" West, 30.17 feet; North 58°14'25" East, 62.34 feet; thence`~outh 25°45'44" East, 30.17 feet; thence Sou ~ 58°14'25" West, 62.34 feet to the REAL POll~fi OF BEGINNING. Containing 1,870 SF, ore or less. EASEMENT Y Commencing at the omer common to Sections 2 a d 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B. • thence along the East bo dary of said Section 34 North 00°17'35" East, 919.32 feet; th ce leaving said East undary line North 89°42'25" West, 352.53 feet to the REAL POINT F BEGINNING. thence North 00°17'35" East, x.05 feet tort point on a curve; thence 29.15 feet along the arc o no -tangent curve to the right, said curve having a radius of 257.00 feet, a delta angle of 06° , and a long chord bearing North 74°13'45" East, 29.14 feet; thence South 00°17'35" West, 3 .87 fee to a point on a curve; thence 29.51 feet along the a of a non-tan ent curve to the left, said curve having a radius of 227.00 feet, a delta angle of 07°26'51", an long chord bearing South 72°01'36" West, 29.49 feet to the REAL PO T OF BEGINNING~Containing 880 SF, more or less. EASEMENT Z Commencing at the mer common to Sections 2 a d 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., .; thence along the East boun ry of said Section 34 North 00°17'35" East, 965.83 f t; thence leaving said East bounds line North 89°42'25" West, 267.53 feet to the REA POINT OF BEGINNING. thence South ~0°17'35" Wes#, 30.00 feet to a point on a cur'~e; thence 30. feet along the arc of anon-tangent curve to the I ,said curve having a radius of 227.00 eet, a delta angle of 07°35'40", and a long chord bear g South 86°29'45" West, 30.07 fe ; then North 00°17'35" East, 30.23 feet to a point on a curve; th ce 30.07 feet along the arc of anon-tangent curve to the right, said urve having a radius o 257.00 feet, a delta angle of Ofi°42'13", and a long chord bearing North 6°5fi'29" East, .05 feet to the REAL POINT OF BEGINN°ING. Containing 902 SF, more ~o less. C:\Documents and Settings\gcarter.IS\Local Settings\Temporary Internet Files\OLKAS\50414-MER-EASE.DOC z • I ~ w ' o °o N 00' 1 '00"E ~ z I °- ~ 46. 0' N ~ o 0 N 0' 17'00"E 0 4! ~, 00 48.00' 46. OJ ~ a ~ o I _N 17'00" J ~ N 00'17'00"E N 123.00' ~ ~ ~ ~ ~ N 00' 17_00"E 6000' o, o, ~ ° ~ °o_ 0 280.00' ~ o' ~ , ° ~- ~ °...~1_._J ~ N , 0 22.00' ^' - ~ S 00'17'00"W o S 00'17'00°W C o 60.00 00' 17'00"E ~ I ~ 21.00' cn I (- `"°~ r.-, ~ ~° z 130.00' 21.00' NI c°DO, QO'17'00"W i -P `" g 4g_pp~ cn " =~t=1-~ ~ ~~o, N 0'17'00 E J o -P 048.00' 46.0' o ;.I z .~ 'w - g Z ~g . ~g I I ~ ~ N 00'17'00°E 47.00' "' N Qp N 00' 17'00°E ~'1 ~ o w ~ 48.00' 47.00 0 o I S 00' 17'00"W fJ I I ~' i C I ~_ n 7C . ~I D UII~ ~,-~~/ N. TEN MILE RD. SCALE ~ .=1 ~fl° DWG.DATE ®8/23/07 bkb PROS. No. 50414 SHEET 1 OF 6 1 ~ i ~~ 7 f. 9 ~ o~ ~~ ~. %° ~z ~~ -~- Z M°ERI~DIAN SEWER & WATER ,EASEMENTS EASEMENTS A - F PROPOSED McNELIS SUBDIVLSION LOCATED IN THE SE Y Of SECTION 34, T.4N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO I I~ O_ ~~ ~ ~O m ~ Z Cm Z mZ Z NG/NEER/NG E SQLUTIONSuP 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 fox (208) 938-0941 \ ~ ~ / LEGEND / ® POINT OF BEGINNING ~ i - - - EASEMENT LINE / \ / / / / ~ / /~ / / ~ / / I '~N ~S • 20.00' S 89'42'25"E 0 N M w Mi z II d ~72g I ~y, q~'~(~fi o A. I_ I~ 110043'00"E S 00'17'35°W 21.00' -l N 89'43'00°W G 31.00' s~0' 17'35°W r c c1 'B v J S 89'43'00"E ~GL1`~ Jv ~ N 89'43'00"W S100',17'35"W C I I ~~ nn' ~~ PROS ~ ~ 7 ~--- ' ~-- S 00' 1 I S 89'43'00° 21.0( N 00'17'00` ,,, 20.01 t 0 N Do•1 M N 89'43 30.00, L_ I S 00'17'35°W N--00:17' IS 89'43'00"E 21.00' 1 • 0' L0.00' N 89'43'00"W S 89'4 00°E/ L l 1 /20.00' 30.00' /30.0-0'I .~/ S 00' 17'35°W N 0'1735"E N 89.43'00°W x•8-@0' 21.00' ~ '`"~,_S 89'43'00"E r 20.00' g IL0.00' S 00'17'35°W o I I N 89'43'00°W 21.00' N W ° I~ O W o ~, I!,, o N 0'17'00°E = ^ ~ 20. c I$ S 9'43'00°E z I "' 21 • S 89'43'00°E S 00 7'00°W N 89'43'00°W I I20.00' S 00'17'35"W o . _ S 89 43 00 E 202.30 J \ ~ J ~ 20.00$ 9'43'00°E 198.96~•~' ~'"'-1/21.00' I , z NI N 89'43'00°W 173.00' N 89'43'00°W 200.25' --I S o0'17'35"W J N 00' 17'0 ~ ,,~L J ~S 00' 17'00°W N 0' 17'35"E ~ 40.00' ~ ~ . 3 ~ 00 \ 30.00 31.00' ~ ~ N 89'43'00°W w N 89 3 00°YV, ~ \N 89'43 00°W N 89 3'00°W ~- o I 20.00' -- I ~ 20.00' o 20.00 N 00'17'00°E 1'00' ^$ ^°}~,,N 00'17'00°E I z S 00'17'00"W 30.00 ~ ~- ~ 235.00 30.00 N 8s•43'oo°W o ~ 34 35 20.00' cn ~ N 89'43'00"W W. USTICK ROAD 257.96' -V 3 2 SCALE 1°=1 0' DWG.DATE /23/07 bkb PROS. No. 50414 SHEEP 2 OF 6 /50414-MER-EASE.DWG M~ERID~IAN SEWER & WATER EASEMENTS EASEMENT "G" PROPOSED McNELfS SUBDIVISION LOCATED IN THE SE Ya OF SECTION 34, T.4N., R.1W., B.M. MERIDIAN, ADA COUNTY, 1DAH0 I~ 1 " M 7 35 E S 9'43'00°E 00°W' \30.00' IQ r ~, N6INEER/NG JOLUTl01VS~ 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 i 1 ' • S 00'17'35"W S 89'43`00°E 33.00' 21.00'r S 89'43'00" E 34.00' W N 89'42'25'1N a _ ~ 48.00' °.^I o~ ~®R ~~ _ oI ~°=' ~' ZL J~ g 21.00' N N 89'43'00°W ~ c ( N 89'43'00°W M ~, 34.0 •. ~I I O O N O ~~NELIS POSE LEGEND ® POINT OF BI - - - EASEMENT L --~- v~ow~s1ON Q ~s °~' I W I M ~"' W. USTICK ROAD SCALE 1 "=100' )WG.DATE 0/23/07 bkb ~RO~. No. 5®414 SHEET 30Ffi /50414-MER-EASE.DW6 MERkDIAN :SEWER & WATER EASEMENTS EASEMENTS "H", "I" & "R" PROPOSED McNELIS SUBDIVISION LOCATED IN THE SE Ya OF SECTION 34, T.4N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO n• ~IZ Z e ' S 89'42'25°E I N 89'42'25°VI 0 55.00' 48.00' °_• f ~ 3 ~N~ ~ J~M ~ ~ N 89'42'25"W "' ^ • N - 55.00' o I M w S 89'43'00°E :N 89'42'25°W ~ _ 52.50' 49_50' ~ °r H "~ $NL- ~~ 52.00' ~ ° • °' z N 89'43'00°W b "' ( N S 00'17'35"W ~ 1 s.oo' I I 34 35 3 2 ~'A(G/NEERING SOLUTIONSw 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 L2 t4 PROP~S~p • ~ \ ~ N I O M M \ w ~~ i ~ M t7 t~ LINE DATA \ ~ o I N 89'42'25"W BEARING OISTANGE $ Z C 3 - 267.53' N 89'42'25' W 21.00' ~ u, `n ~ 4'{"' ~rZ JC 2 ~ ;~, N 00'17'35' E 27.00' ,~, ° ~ Y ~ °°; S 89'42'25' E 21.00' 6ti~. a~y~ Aso '''' N 89'42'25°W 352.53' ~ S 00'17~5~ W 27.00 5a '`/ ~ J` ~ ° `~-- - -.. - - - -~~ S 00'17'35 W 30.00 / N 89'42'25°W N 89'42'25 W • M 2 ~! X ~, 447.74' ~ 222.00' a; r'~3; ~\ /ti'p` ,.~~w C~ ~ - r3v~ rn A~ y~1~ti ~a~o~og \ 6~ • p~`1`J cj cS- - - ui o0 ~ ~g~, ~~o`~ss N 89'42'25"1N 4 6.72 ~~ F` - - 1/ `~i cj ~ p~'L`?~ I coo s.0~~/5 ~ 0~ o^o . ss S ~6~ I ( . ^ o ~ / ~ ~ (~ S~. - \ ss? / ~ ~~os s~~ ~ N 89'42' 594.22' I ~ ~/ ~ s. ° z PI 52'44i~9"W „~ ,~? AA~ , ss ~~ ss_ o ~ 32. v ^ Oy. F' _s~~,1 ~ N 9'42' S"W 722.91' ( z N 52'44'39°W~Q ~ --~ --------~---------~----~~ 30.31'~~~ ~ ~ / I S 52'44'39 E~P I 30.65 ~c=- -- _- - N 89'42_a5°W 756.00_---- --- S 89'43'00°E -S 00'17'00 - - ~~-1 35.00 / ~~~~89'43'00'1N_ N 89'42~57N 687.08' - -,..._. O 36.00' ---- ---------~ ad :~~ 7 ~, N 0017 QO E 20.00' ~,-. °; ~, S 89'43'00°E N 89'42'25"W 685.07' q I~ ' 38.00'--- --- ------------{---~ "\ ~N 89'43'00°W S 8 43'00°E 43.88' ~ ~ ' ~ S 00'17'00°W ~ (~ + ~ c,~L /20.00' - ------ N '42_25"W 702_18-------- q . o S 89'43' 0°E ~N 89'43'0 - ~ `~ao °. 33.02' S 9'43'00°E 37.44' - J N 89'4 ' S°N' 795.26' I -~- agr- ~ 410.29.00 S 00'17.0 ------ -- ------- --y^--F--~~ o`V 330' °N J~21.00' ------- I N $9'42'25 712.28' ----- -- M z ~ o ^ -. -I _',! d. N $9'43'00°W o o . 29.00 °^ g N 89'43'00°W I ~' ~~ g ~ M oho ^ '~ N ( ~ LEGEND ~ g I ® POINT OF BE NNING Z - - - EASEMENT UN o. ~ ~ ~ I . ALE 1 "=Y00' NG.DATE 08/23/07 bkb ~o;l. No. 50414 HEFT 40F6 /50414-MER-EASE.DWG ~-9 ~('~ So 34 35 SEE SHEEP 6 OF 6 FOR CURVE QATA ~ 0 ROAD 3 2 ~. MERIDIAN SEWER & WATER EASEMENTS EASEMENTS "J"-"L" "N"-"Q", "S" & "U"-"Z'• PROPOSED McNELIS SUBDIVISION LOCATED IN THE SE Y4 OF SECTION 34, T.4N., R.tW., B.M. MERIDIAN, ADA COUNTY, IOAWO ENGINEERING ~SOLUTIONS~ 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83&42 Phone (208) 938-0980 Fox (208) 938-0941 . I I I I I I I I I I ( ~I C ~ _' ~• ~ I ~I i 0 r ~~ ~ mo m ~~ z o S~~~i~i ~'~ / '~ I N t~0 I ~ ~1 .~1 w 0 w of ~; ' w m ~ y I rnl Sos o, w, 's N 00' 17'00° S~ i ~ ~ ~ 44.76~~~ I N 89'43'00"W 23.50' ~ ~ r ~Z I I S 00'17'00"Wf ~N wQ I I N O'S0'S6°W i 4 $tO ~ U -~ ~ I l "~ I 17t.9211a. I ~ 1 1 aGe ~ O I 4 C ~ 91 Pry ~' 1 -~ -~ L ._... ,Q,o r-a ~l2Zcn C~ O rnw ~~ gs ' 1 ~~ ~~~~~ a c°o, .°P %/ S 02'09'02°S 434.96' twit ~ N °~ N N M°61,1( ,b0'£Z_ ~ M S 1.1S.98 N 3,,6 L,10: ~ ~~ g4 ~ 5` ~~'~ r ~ ~ ~~,o Z ~~~ S~\ a ~N :o ~~ C~ ~,,, m L5 9~,. 00 ~ S,0 S V .p w °~ .~ I I Q I I ~ \ c~ ti`s ~° w .A R r, :~~. F I I I Z~t I I ~' ° w~ N `~ Iw - L ~ / grn ~N I - 1 I , I I ~__ W~~. ~.. - N ~ ~ SCALE 1 "=200' ~WG.DATE 08/23/07 bkb ~RO~. No. 50414 ~HEEf 50F6 /50414-MER-fASE.DWG I ~ Inil I ~ ~ ~ -~ -~ I ;~I ~ ;~ ~ ~ ~ ~ I 1~I IN ~` II _-`~. r--1T -- -- - Irn I ~ I i ~-' -1-,~ - - - Z l i I ~~ I ~ I~ I ~ ~ 1 I I' I ~ ~ ~ 1 it I ~ -L-- -It----L ~ / _ _ _ _ _ _ )1 _N 00' 17'35"E _ .I~ _ _ _ _ 495.31' 717.1sJ N. TEN ~ M1LE RD- - ~ - ~ - ~ - MER~I~DfAN SEWER & WATER EASEMENTS EASEMENTS M & 'T' PROPOSED McNELIS SUBDIVISION LOCATED 1N THE SE Ya OF SECTION 34, T.4N., R.1W., B.M. MERIDUW, ADA COUNTY, IDAHO ENGINEERING SOLUTIOMSw 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 CURVE DATA J RADIUS DELTA ARC TANGENT C D CHORD BRG C1 427.00 00'32'12' 4.00 2.00 .00 S 00'33'06' W C2 227.00 OT35'40" 30.09 15.07 30.07 S 8529'45" W C3 7.00 0542'13" 30.07 15.05 30.05 N 8556'29" E C4 2 04 0529'58° 29.15 14.9 29.14 N 74'13'45° E C5 227. OT26'S1" 29.51 1 .77 29.49 S 72'01'36' W C6 143.00 11'41'00" 29.16 14.63 29.11 S 74'25'41" W C7 1.73.00 09'31'47' 28.77 14.42 28.74 N 7T 15'24" E C8 457.00 03'55". 24.45 12.23 24.45 N 48'45'46° E C9 427.00 10' '01" 75.8 38.05 75.79 S 51'25'40" W C10 373.00 04'20 2 . 4 14.13 28.24 S 50'50'28' W C11 338.00 04'47'47 .30 14.16 28.29 N 50'04'07° E C12 427.00 03'46'20" 8.11 14.06 28.11 N 32'15'17° E C13 459.00 03'30'26' 2 10 14.05 28.09 S 32'36'16' W C14 457.00 0528'04 27. 13.70 27.39 S 2T35'21" W C15 427.00 03'41' 27.45 13.73 27.45 N 2554'07° E C16 373.00 054 21' 37.47 18.75 37.46 S 21'08'41' W C17 373.00 03' 2'09' 20.85 .43 20.85 S 1539'56° W C18 373.00 05'43" 20.15 10. 20.15 S OT14'24' W C19 457.00 03'38'49" 29.09 14.55 29.08 N 13.29'41" E C20 427.00 09'29'00" 70.67 35.42 70.59 S 1535'24° W C21 427.00 02'52'06' 21.38 10.69 .37 N 1'9'53'51" E C22 457.0 0740'26' 21.33 10.67 21. N 19'11'03' E C23 457 0 03'54'07' 31.12 15.57 31.12 N 54'48'47" E T7'29 ALE M/A ~NG.DATE 08/23/07 bkb Ro,l. No. 50414 HEET 6®F6 M:ER~IDIAN SEWER & WATER EASEMENTS CURVE DATA PROPOSED McNELIS SUBDIVISION LOCATED IN THE SE Y OF SECTION 34, T.4N., R.1W., B.M. MERIDIAN, ADA COUNT1l, IDAHO EN6INEER/NG SOLUTIONSw 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 ~ i Meridian City Council September 25, 2007 Page 3 of 66 Commercial Southwest by Ustick Marketplace, LLC -Northeast Corner of North Linder Road and West McMillan Road: D. Development Agreement: RZ 07-0'12 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: E. Approve Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Proiect Intersection Linder Road and McMillan Road: F. Approve Task Order 0713 with Civil Survey Consultants, Inc. for Engineering Services Related to 2008 Water System Flush Lines Proiect for $37,665.00: G. Approve Change Order for McAlvain Construction and ILS Company, Inc. for MYB Complex at Settlers Park in the amount of $20.,600.00: H. Approve Task Order 0718 for Professional Services with Civil Survey Consultants., Inc. for Engineering Consulting Services for Municipal Water and Sewer Systems not to exceed $20,000.00 ~`.;/ Approve SanitarX Sewer and Water Easement with Ten Mile ~' Center .LLC for McNelis Subdivision: J. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: K. Development Agreement: AZ 07-010 Request for Annexation and Zoning of 6.67 acres from an R1 zone to a C-G zone for Gardner-Ahlauist.Gatewav South by Ahlquist Development, LLC - Southeast Corner of Franklin and Eagle Roads: De Weerd: Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. ~ • • Meridian City Council September 25, 2007 Page 4 of 66 Bird: 1 move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second.. De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Berg, wiU you call roll. Roll-Call: Bird., yea; Rountree, yea; Zaremba, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office: 1. Appointment of Tom LeClaire to Impact Fee Committee: De Weerd: Thank you., Mr. Berg. Item 6-A under the Mayor's office, in front of you I do have an appointment for Tom LeClaire to the Impact Fee Committee. We do have a designated member from the Parks Commission on that Impact Fee Committee. In the past it's been Jim Keller. The commission has submitted their request for Commissioner Tom LeClaire to be that representative. So, I submit that name in front of you and ask for your confirmation of that appointment. Are there any questions? Rountree: I have none. De Weerd.: Okay. Borton: Madam Mayo>I'? De Weerd: Yes, Borton. Borton: Seeing no questions, I move that we approve the appointment of Tom LeClaire to the Impact Fee Committee. Rountree: Second.. De Weerd: I have a motion and a second to approve the appointment of Tom LeClaire to the Impact Fee Committee. Mr. Berg, will you., please, call roll. Roll-Ca11: Bird., yea; Rountree, yea; Zaremba, absent; Borton, yea. • November 19, 2007 MERIDIAN CITY SEWER AND WATER EASEMENTS PROPOSED McNEUS SUBDIVISION Easements for Meridian City sanitary sewer and domestic water facilities, located in the SE1/4 of Section 34, T.4N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing .at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 887.05 feet; thence leaving said South boundary North 00°17'00" East, 48.00 feet to a point on the North right-of--way line of W. Ustick Road, the REAL POINT OF BEGINNING; thence North 89°43'00" West, 21.00 feet; thence North 00°17'00" East, 46.00 feet; thence South 89°43'00" East, 21.00 feet; thence South 00°17'00" West, 46.00 feet to REAL POINT OF BEGINNING. Containing 966 SF, more or less. EASEMENT B Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Secctions 34 and 35, T.4N., R.1 W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 843.21 feet; thence leaving said South boundary North 00°17'00" East, 123.00 feet to the REAL POINT OF BEGINNING; thence continuing North 00°17'00" East, 22.00 feet; thence South.89°43'00" East, 37.00 feet; thence South 00°17'00" West, 22.00 feet; thence North 88°43'00" West, 37.00 feet to REAL POINT OF BEGINNING. Containing 814 S'F, more or less. EASEME°NT C Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the South boundary of said Section 34 North 89'°43'00" West, 825.21 feet; thence leaving said South boundary North 00°17'00" East, 280.00 feet to the REAL POINT OF BEGINNING; Y:1Mcnellis Sub (OS-135)ldwg~email I1-19-O~AI4•M6R-EASI;.DOC t ~' thence continuing North 00°17'00" East, 60.00 feet; thence South 89°43'00" East, 30.00 feet; thence South 00°17'00" West, 60.00 feet; thence North 89°43'00" West, 30.00 feet to REAL POINT OF BEGINNING. Containing 1,800 SF, more or iess. EASEMENT D Cammencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 702.21 feet; thence leaving said South boundary North 00°17'00" East, 130.00 feet to the REAL POINT OF BEGINNING; thence North 89°43'00" West, 36.00 feet; thence North 00°17'00" East, 21.00 feet; thence South 89°43'00" East, 38.00 feet; thence South 00°17'00" West, 21.00 feet to REAL POINT OF BEGINNING. Containing 756 SF, more or less. EASEMENT E Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 603.21 feet; thence leaving said South boundary North 00°17'00" East, 48.00 feet to a point on the north right~f-way of W. Ustick Road, the REAL POINT OF BEGINNING; thence North 89°43'00" West, 21.00 feet; thence North 00°17'00° East, 48.00 feet; thence South 89°43'00" East, 21.00 feet; thence South 00°17'00° West, 46.00 feet to REAL POINT OF BEGINNING. Containing 966 SF, more or less. EASEMENT F Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 439.21 feet; thence leaving said South boundary North 00°17'00" East, 48.00 feet to the REAL POINT OF BEGINNING; thence North 89°43'00" West, 21.00 feet; thence North 00°17'00" East. 60.00 feet; Y:iMcneliis Sub (OS-135)Wwgtemeil l 1-f9-0?1504't4•MER F-ASE.DOC thence South 89°43'00" East, 21.00 feet; thence South 00°17'00" West, 5.00 feet; thence South 89°43'00" East,161.23feet; thence North 00°17'35" East, 131.00 feet; thence North 89°43'00" West, 30.00 feet; thence North 00°17'35° East, 31.00 feet; thence North 89°43'00" West, 200.25 feet; thence South 00°17'00" West, 30.00 feet; thence North 89°43'00" West, 60.00 feet; thence North 00°17'00" East, 30.00 feet; thence North 89°43'00" West, 173.00 feet; thence North 00°17'00" East, 20.00 feet; thence South 89°43'00" East, 202.30 feet; thence North 00°17'00" East, 20.00 feet; thence South 89°43'00" East, 62.00 feet; thence South 00° 17'00" West, 20.00 feet; thence South 89°43'00" East, 198.96 feet; thence North 00°17'35" East, 75.00 feet; thence North 89°42'25" West, 30.00 feet; thence North 00°17'35" East, 20.00 feet; thence South 89°42'25" East, 30.00 feet; thence North 00°17'35" East, 115.00 feet; thence North 89°42'25" West, 30.00 feet; . thence North 00°17'35" East, 90.00 feet; • Y:1Mcnellie Sub (OS• l35)idwgkmeil I 1 • l 9-071504 t 4•MER EASE.DOC • thence South 89°42'25" East, 30.00 feet; thence North 00°17'35" East, 98.36 feet; thence North 89°42'25" West, 29.00 feet; thence North 00°17'35" East, 20.00 feet; thence South 89°42'25" East, 29.00 feet; thence North 00°17'35" East,172.52feet; thence South 89°42'00" East, 20.00 feet; thence South 00°17'35" West, 160.87 feet; thence South $9°42'25" East, 31.00 feet; thence South 00° 17'35" West, 71.00 feet; thence North 89°42'25" West, 21.00 feet; thence South 00°17'35° West, 59.00 feet; thence South 89°42'25" East, 22.00 feet; thence South 00°17'35" West, 20.00 feet; thence North 89°42'25" West, 22.00 feet; thence South 00°17'35" West, 60.00 feet; thence South 89°42'25" East, 10.00 feet; thence South 00°17'35" West, 60.00 feet; thence North $9°42'25° West, 10.00 feet; thence South 00°17'35" West, 65.00 feet; thence South 89°42'25" East, 22.00 feet; thence South QO°17'35" West, 20.0{) feet; thence North 89°42'25" West, 22.00 feet; thence South 00°17'35" West, 64.00 feet; thence South 89°42'25" East, 10.00 feet; Y:Uvicirellis Sub (OS-195)tdwg~email l 1-19-09tSO414-MER-FASE.DOC thence South 00°17'35° West, 21.00 feet; thence North 89°42'25" West, 10.00 feet; thence South 00°17'35" West, 170.00 feet; thence South 89°42'25" East, 20.00 feet; thence South 00° 17'35" West, 32.00 feet; thence North 89°43'00" West, 211.22 feet; • thence South 00°17'00° West, 25.00 feet to the REAL POINT OF BEGINNING. Containing 49,510 SF, more or Tess. EASEMENT G Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N.., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 384.88 feet; thence leaving said East boundary line North 89°42'25" West, 712.28 feet to the REAL POINT OF BEGINNING. thence North 89°43'00° West, 29A0 feet; thence North 00°17'00° East, 21.00 feet; thence South 89°43'00° East, 29.00 feet; thence South 00°17'00° West, 21.00 feet to the REAL POINT OF BEGINNING. Containing 609 SF, more or less. EASEMENT H Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 413.70 feet; thence leaving said East boundary line North 89°42'25" West, 795.26 feet to the REAL POINT OF BEGINNING. thence 4.00 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 00°32'12", and a long chord bearing South 00°33'06" West, 4.00 feet to a point of tangency; thence South 00°17'00" West, 17.00 feet; thence North 89°43'00" West, 33.00 feet; thence North 00°17'00° East, 21.00 feet; thence South 89°43'00" East, 33.02 feet to the REAL POINT OF BEGINNING. Containing 693 SF, more or less. Y:1MIc~rellis Sub (OS-135)1dwglemail 1 I-19-07150414-M~I:It-F.ASE.DdC EASEMENTi Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 444.88 feet; thence leaving said East boundary line North 89°42'25" West, 702.18 feet to the REAL PAINT OF BEGINNING. thence North 89°43'00" West, 37.44 feet to a point on a curve; thence 20.15 feet along the arc of anon-tangent curve to the right, said curve having a radius of 373.00 feet, a delta angle of 03°05'43", and a long chord bearing North 07°14'24" East, 20.15 feet; thence South 89°43'00" East, 35.00 feet; thence South 00°17'00" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing 726 SF, more or less. EASEMENT J Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 495.31 feet; thence leaving said East boundary line North 89°42'25" Wes#. 786.62 feet to the REAL POINT OF BEGINNING. thence North 80°50'56" West, 30.03 feet to a point on a curve; . thence 29.09 feet along the arc of anon-tangent curve to the right. said curve having a radius of 457.00 feet, a delta angle of 03°38'49", and a long chord bearing North 13°29'49" East, 29.08 feet; thence North 80°50'56" West, 171.92 feet; thence South 00°17'00" West, 41.09 feet; thence North 89°43'00" West, 23.50 feet; thence North 00°17'00" East, 44.76 feet; thence North 80°50'56" West, 1.57 feet; thence North 89°43'00" West, 362.53 feet; thence North 37°25'41" West, 25.28 feet; thence South 89°43'00" East, 379.54 feet; thence North 09°09'04" East, 43.00 feet; thence South 80°50'56" East, 24.00 feet; Y:U+Aenellis Sub {OS-l35}~wglemail l 1-T9-fl7\5041d-MER-EASE.DOC thence South 09°09'04" West, 43.00 feet; thence South $0°50'56° East. 177.43 feet to a point on a curve; thence 21.33 feet along the arc of ~~ 26 t and a long cho d bear~ng North 9 1103" a radius of 457.00 feet, a delta angle of 02 , East, 21.33 feet; thence South 80°50'56° East, 30.64 feet to a point on a curve; thence 70.67 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 009F°BEGINNING.IContalning 15x566 SF mo6e o5'?ess. West, 70.59 feet to the REAL POINT EASEMENT K Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N., R.1W. B.M.' thence along the East boundary of said Section 34 North 00°17'35° East, 504.88 feet; thence BEGINNING ast boundary line North 89°42'25" West, 685.07 feet to the REAL POINT OF thence North 89°43'00° West, 43.88 feet to a point on a curve; thence 20.85 feet along the arc of anon-tangent curve to the right, said curve having a radius of 373.00 feet, a delta angle of 03°12'09°, and a long chord bearing North 16°39'56" East, 20.85 feet; thence South 89°43'00" East, 38.00 feet; thence South 00°17'00" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing 821 SF, mare or less. EASEMENT L T.3N. R.1 W. and Sections Commencing at the comer common to Sections 2 and 3, 34 and 35, T.4N..., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35° East, 559.88 feet; thence leaving said Eask boundary line North 89°42'25" West, 687.08 feet to the REAL POINT OF BEGINNING. thence South 00°17'00" West, 35.00 feet; thence North 89°43'00" West, 36.00 feet to a point on a curve; thence 37.47 feet along the arc of anon-tangent curve to the right, said curve having a radius of 373.00 feet, a delta angle of 05°45'21°, and a long chord bearing North 21°08'41" East, 37.46 feet; thence South 89°43'00" East, 22.66 feet to the REAL POINT OF BEGINNING. Containing 1,038 SF, more or less. Y:UNcnetlis Sub (OS-l3S)Wwgil l t-t9-07850414-MER-EASE.flOC t ! ~ EASEMENT M Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence aiang the East boundary of said Section 34 North 00°17'35" East, 58$.66 feet; thence leaving said East boundary line North 89°42'25" West, 756.00 feet to the REAL POINT OF BEGINNING. thence North 52°44'39" West, 30.65 feet to a point on a curve; thence 27.39 feet along the arc of anon-tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of 03°26'04", and a long chord bearing North 27°35'21" East, 27.39 feet; thence South 52°44'39" East, 30.31 feet to a point on a curve; thence 27.45 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 03°41'01 ", and a long chord bearing South 26°54'07" West, 27.45 feet to the REAL POINT OF BEGINNING. Containing 823 SF, more or less. EASEMENT N Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 647.61 feet; thence leaving said East boundary line North 89°42'25" West, T22.91 feet to a point on a curve being the REAL POINT OF BEGINNING. thence 28.11 feet along the arc of a non-#angent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 03°46'20", and a long chord bearing South 32°15'17" West, 28.11 feet; thence North 52°44'39" West, 32.22 feet to a paint on a curve; thence 28.10 feet along the arc of anon-tangent curve to the right, said curve having a radius of 459.00 feet, a delta angle of 03°30'26", and a long chord bearing North 32°36'16" East, 28.09 feet; thence South 52°44'39" East, 32.04 feet to the REAL POINT OF BEGINNING. Containing 899 SF, more or less. EASEMENT O Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35° East, 706.56 feet; thence leaving said Eas# boundary line North 89°42`25" West, 594.22 fe®t to the REAL. POINT OF BEGINNING. thence South 31°45'35" East, 35.16 feet to a point on a curve; thence 28.30 feet along the arc of anon-tangent curve to the left, said curve having a radius of 338.00 feet, a delta angle of 04°47'47", and a long chord bearing South 50°04'07" West, 28.29 feet; Y:1Mcnellis Sub (OS-l35)~d~vg~email i 1-19-07150414-MFR-EASE.DOC • • thence North 31°45'35" West, 35.55 feet to a point on a curve; thence 28.24 feet along the arc of anon-tangent curve to the dght, said curve having a radius of 373.00 feet, a delta angle of 04°20'17", and a long chord bearing North 50°50'28" East, 28.24 feet to the REAL POINT OF BEGINNING. Containing 989 SF, more or less. EASEMENT P Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N., R.1 W., 6.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 717.16 feet; thence leaving said East boundary line North 89°42'25" West, 664.67 feet to the REAL POINT OF BEGINNING. thence North 30°16'03" West, 30.78 feet to a point on a curve; thence 24.45 feet along the arc of anon-tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of 03°03'55", and a long chord bearing North 48°45'46" East, 24.45 feet; thence North 30°16'03" West, 297.01 feet; thence South 59°43'57" West, 20.00 feet; thence North 30°16'03" West, 51.00 feet; thence North 86°51'15" West, 174.18 feet; thence South 00°01'19" East, 40.06 feet; thence North 86°51'15° West. 23.04 feet; thence North 00°01'19" West, 40.06 feet; thence North 86°51'15" West, 365.32 feet; thence South 02°09'02" West, 434.96 feet; thence North 37°25'41" West, 31.39 feet; thence North 02°09'02" East, 431.12 feet; thence South 86°51'15" East, 617.61 feet; thence North 64° 14' 16" East, 277.37 feet; thence South 89°43'09" East, 51.61 feet; thence South 01°00'46" West, 43.00 feet thence South 63°46'45" West, 27.00 feet; Y:1Mcnellis Sub (OS-135)Maglemail 1 I-19-01150414-MER-EASE.I~C thence North 25°45'44" West, 41.27 feet; thence South 64°14'16" West, 231.66 feet; thence South 30°16'03" East, 28.09 feet; thence South 64°14'16" West, 33.10 feet; fhence North 30°16'03" West, 18.06 feet; thence South 64°14'16" West, 11.03 feet; thence South 30°16'03" East, 312.62 feet to a point on a curve; thence 31.12 feet along the arc of anon-tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of 03°54'07", and a long chord bearing North 54°46'47" East, 31.12 feet; thence South 30°16'03" East, 30.04 feet to a point on a curve; thence 75.89 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 10°11'01 ". and a long chord bearing South 51°25'40° West, 75.79 feet to the REAL POINT OF BEGINNING. Containing 2,275 SF, more or less. EASEMENT Q Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 787.68 feet; thence leaving said East boundary line North 89°42'25" West, 416.72 feet to the REAL POINT OF BEGINNING. thence South 58°14'25" West, 61.00 feet; thence North 31°45'35" West, 27.00 feet; thence North 58°14'25" East, 61.00 feet; thence South 31°45'35" East, 27.00 feet to the REAL POINT OF BEGINNING. Containing 1,.647 S'F, more or less. EASEMENT R Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the Eas# boundary of said Section 34 North 00°17'35" East, 835.69 feet; thence leaving said East boundary line North 89°42'25" West, 330.00 feet to the REAL POINT OF BEGINNING. thence North 00°17'35" East, 31.86 feet to a point on a curve; Y:UVicnellis Sub (OS-•13~idwg~email I 1-19-07~504'1~-MER-EASEDOC -~ - x • thence 28.77 feet along the arc of anon-tangent curve to the right, said curve having a radius of 173.00 feet, a delta angle of 09°31'47", and a long chord bearing North 77° 15'24" East, 28.74 feet; thence South 00°17'35" West, 30.38 feet to a point on a curve; thence 29.16 feet along the arc of anon-tangent curve to the left, said curve having a radius of 143.00 feet, a delta angle of 11°41'00", and a long chord bearing South 74°25'41" West, 29.11 feet to the REAL POINT OF BEGINNING. Containing 868 SF, more or less. EASEMENT S Commencing at the comer oommon to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 848.83 feet; thence leaving said East boundary line North 89°42'25" West, 222.00 feet to the REAL POINT OF BEGINNING. thence continuing North 89°42'25" West, 21.00 feet; thence North 00°17'35" East, 27.00 feet; thence South 89°42'25" East, 21.00 feet; thence South 00°17'35° West, 27.00 feet to the REAL POINT OF BEGINNING. Containing 567 SF, more or less. EASEMENT T Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35° East, 863.82 feet; thence leaving said East boundary line North 89°42'25" West, 447.74 feet to the REAL POINT OF BEGINNING. thence North 25°45'44° West, 30.17 feet; thence North 58°14'25° East, 62.34 feet; thence South 25°45'44" East, 30.17 feet; thence South 58°14'25" West, 62.34 feet to the REAL POINT OF BEGINNING. Containing 1,870 SF, more or less. EASEMENT U Commencing at the comer common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 919.32 feet; thence leaving said East boundary line North 89°42'25" West, 352.53 feet to the REAL POINT OF BEGINNING. thence North 00°17'35" East, 32.05 feet to a point on a curve; Y:W~tcnellis Sub (OS-135)1dwglemail 11-19-07~50414•MF.R-FJISE.DOC L • • thence 29.15 feet along the arc of anon-tangent curve to the right, said curve having a radius of 257.00 feet, a delta angie of 06°29'58", and a long chord bearing North 74°13'45" East, 29.14 feet; thence South 00°17'35" West, 30.87 feet to a point on a curve; thence 29.51 feet along the arc of anon-tangent curve to the left, said curve having a radius of 227.00 feet, a delta angle of O7°26'51 ", and a long chord bearing South 72°01'36" West, 29.49 feet to the REAL POINT OF BEGINNING. Containing 880 SF, more or less. EASEAAENT V Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35° East, 965.83 feet; thence leaving said East boundary line North 89°42'25" West, 267.53 feet to the REAL POINT OF BEGINNING. thence South 00°17'35" West, 30.00 feet to a point on a curve; thence 30.09 feet along the arc of anon-tangent curve to the left, said curve having a radius of 227.00 feet, a delta angle of 07°35'40", and a tong chord bearing South 86°29'45" West, 30.07 feet; thence North 00°17'35" East, 30.23 feet to a point on a curve; thence 30.07 feet along the arc of anon-tangent curve to the right, said curve having a radius of 257.00 feet, a delta angle of 06°42'13", and a long chord bearing North 86°56'29" East, 30.05 feet to the REAL POINT OF BEGINNING. Containing 902 SF, more or less. ~~~9 lll~~~~c F i s r I Y:1Menetlis Sub {05.135)Wwgjemail 11-1'9-07150414-MER-F.ASE.DDC z .~ l ~ / ~w ' c c N OD' 1 'UO"E v+ a o yf 46, N cQDa g ~ ,1~ N 17`00"E ~ g ~ N . go ~ ag-Op' 4s.0 ~ 4 N 17'00 ~- J "~ N 00' 1{7'00°E y ~~ ~ 123.00~~i l~lo ~ N 00' 17.00°E ~ ~1~, 10 `~°. o g 280.00 Z n ~ w g w -:;~, 0 22.00 -- w S OO'17'W"411~ I ~ ~ 00' 17'00°E I 2~100~ I -- ..... IV OO"1740° x'..$.~- ~°-c c Z 130.OD' ~ 21.OD' ~; l ti' ~ S 00'17'00"W ~ ~I ~ I ~" O O • $ °~ N 0 ' 17'00"E (n lI 4,01 J $ ~ ~ ~ N d0'17'00°E ~} 48.00' 46. c g~ s oD'1~oa°w ° c7 N~ ~' -- - -- ---{ r !z _~__. ~- .~ , ~ ~ I I ,~ • ! I ~' C o z ~' ~ _~ t o~ _____~..._____._-- gl ' i W~W _ _ ~N TEM MICE R0. 1 •=100' ONfG.DATE 11/19/07 bkb PROD. No. 5Q414 SHEET 1 OF 5 MERIDIAN SEWER & WATER EASEMENTS EASEMENTS A - E` PROPOSED McNELIS SUBDIVISION LOCATED IN THE SE Y OF SECTION 34, T.4N., R.1W., B.M. MERIDIAN, ADA COUN1'f, IDAHO ~~9 I I I ~ O_ om ~~ v ~z Z fN61NEERIN6 SOLUTIONSw 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Rhone (208) 938-<H180 fax (208) 938-0941 t t MERIDIAN SEWER & WATER S`.A`E . ASEMENTS -EASEMENT "F" °'"G.oAfE 1 "=100' 12/oe/o~ b~ 20.00' FROJ. 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IDAHO 83642 Phone (208) 938-0980 fax (20B) 938-0941 4 E r llNE N DA BEARING A DISTIWCE u N 89'42'2x' w 21.D0' l2 N 017'35' E 2700' l3 S 89'42'25' E 21.00' L4 s ~1T35' w 27.00' ~ s avlr3s• w 3o.DO' 6~ 5 ti ~ a~ o f ~~ ~~ w I I ~ M M f~ '~ L7 ~ N 89'42'25'1V o ° C 3 267.53~~ a W ,~ - ~ c., ~ JC 2 ~ a~a "' N 89'42'25"1N 352.53' /~~ ~'s,~/ z N 89'42'25°W N 89'42 25"W N p 447.74' ~ 222.00' ' a Mme' ~ R ~~~ ~LS • `-~"r-- e _ ~,I c ~~ cJ SUa'~~v~St~ / ~ S s ZM~Iv~ 84.42' "w 1_ ti ~~ ~~a ~~ McNE~~I / ,ao 5~ ~,`~ 0. ~~ pRppOS / ti ~ ye~°~~' •oo:~s~ N 89'42~zs w ~s.~z~ _ /~,~,•~~ / /~~l ~A`1'~ tn. ~_ ~ I -~----~-1- I, J \ s, / G,~ ~s Ji. - N 89'2 51N 594.22' I ~ ~ ~o N 52'44~9'YV „~ ~~~~ ~~ s J~ `~~, I~-- 3234' '~^ 0~• F' ~'•s~c, ~ N 89'42' S"W 722.91' ~ z N 52'44'39°W~N ti -.-~--"sk ----------~---------~-r. _. ..y 30.31'~~~ S 5744'39°E ~ ~ ,? { ~~ 30.65'~~c,- _, / - - - N 89'42,;~5'1N 756.00- - - - - - _ S 89'43'00'E -S Ot717'00°W- - ~ - 'y~ 2.~~N 89'43~00"NJ_ _. - - N 89'42~5'W 687.08' fO `' _-,-. / ;°~~li 36.00' " - ---------~ "~ ^ L N 00'17'00 E - I ~ ~ J 20.E J_ " S 89'43'00"E- N 89'42l25'1M 685.0,7' ""'1 I " ~ 38.00'--------- -----~----~ °a~ N 89'43'001N S 8 43000` 43.88' $ ~~ ~ S 00'17'00"W i----- ------ -- ~' ~ ~~•~20.00' _ _ w ~ N 89'42'25'w 702.18' °$ S 89'43' 0"E , '~N 89 ;43'~°w - - - - - ~ - - ~ a$ ;~. 33.02' S 9'43 QO'E _37.44 _ _ _ - - - - J N 89'42'25°W 795.26' - _ - - - ~ - ~ .r g .- ;,,: 29.00-S 00'17'00'W - - - - - - - ~ o ~NL `~ 3 ~ ~r21.00' -I N 89'42'25°W 712.28_ - - _. _ - I - - ~ ^ N 89'43 a0~ og ^ N 29:'-~'- - - - - .-- - - - - - ~.._ _. ~. ~ i (- ~ I°~ ~ IN 89'43'00°W ~'' ~ ° ~ f I I ~'~ I O EG ~ ~ - --~I N 1 ® POIiVT OF BE NNING ~ Z - - - EASEMENT UN ALE 1 "°100' .DATE 11 /1$/07 bkb ~-. No. 50414 ~~r 3 OF 5 X50414-MER-EASE:D4VG MERIDIAN SEWER & WATER EASEMENTS EASEMENTS G I, K- O, Q- V PROPOSED McNELIS SUBDIVISION LOCATED IN THE SE y4 OF SECTION 34, T.4N., R.1W., S.N. MERIOVW, ADA COUNTY, IOAFtO 1 34 35 .- • UV. t1STiCK ROAD 3 2 EMGINEEBIN6 SOLUTIONSw 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938--0941 1 L ~~ ti~ J ® ~ ~~6~,~~'`_ ___N J2'09~02"E 431_12'_____ ~n ~ti~4ti ~ ~ ~S 02'09'02°S 434.96' _--7_-- ~~ G~~ r ~`~~•6~ '~ ~~ i zr '~ "~ ~ / Z1 ~ Ur ~~ w +~ I ~ i ~ Ar oc m ~ / °I `^ 0 I ~a N~ o I ~ ~'~ 1 wo n+~st, N ao'17'00 s, i ~~ ,1.O~Fb ' ~ ~ I 44.76E'~~ ~ ~, b~S l.1S.98 N ( N 89'43'00°W~- ~ 3,6t,t I 23.50'41.09] r~ N / I I I ~' / S 00'll'00°Wr ry wo c~ 6 3 1 l ~ I 171 s21 ~1c~'~ ~ ~ ~' ~ ~. 1 b ~ / m ~.T~ a ~ ! ~ ~ i'o i ; I ~\ ~ ~ ~! ~I ~ I I I ~ m + ~ I \\ _~ ~-- r ;~ I ~I ~I t ._ ~~ -J 1 I ~zl I ~ ~ ---- I t I O INI 1~'I I F - I ~ '~I N -_-. - ~- - ~ '"L --- T ~ i ~ Z I ; r' 1i I I I; I i ~ '° I I; _ _ N N 495 31 J 717 16' 1 . . r "' ~f ~ ~ ~~ ~~ r i ~ ~ i o, =~ Irv ,.ti\S• ~'~ ~ ~ ~~ c~` ~ ~~~ ~ ~ ~° ~ ~~ ~~j, of ~ w ~ ~, C4~ \ ~ o ~ ~yg5n~1;~~ r~j ~~ ~ NV1 / 1 _ ~ ~ ~ ~ o ~+ wlvi ~ / c~ c° ~ ~ ~ "g \ ` ~ ~ 1 ...... I 1~ ~~t J ~ ~ 77~~ N .- , N. TEN ~ MILE RD. :~ m' I.E 1°~2°°~ MERIDIAN SEWER & WATER EASEMENTS ..DATE 11/19/07 bkb EASEMENTS "J" & "P" NGINEERINC ~. No. 5044 PROPOSED M NE~IS SUBDIVISION SQLVTIONS EET c ~ 4 OF 5 LOCATED IN THE SE Ya OF SECTION 34, T.4N., R.1W., 8.t9. ADA COUNTY MERIDIAN IDAHO 1029 P1. ROSARIO STR. STE 100 f~lERIOIAN, 10AH0 83642 Phone (208} 938-0980 Fax (208] 938-0941 50414-MER-EASE OWG , , . r t e :, !< i' JRVE DAT CURVE RADIUS DELTA ARC YANGENT CHORD CHORD BRG C1 427.00 032'12' 4.00 2.00 4.00 S 00'33'06' W C2 227.00 OT35'40° 30.09 1.5.07 30.07 S 8529'45' W G3 257.00 0542'13° 30.07 i5.05 30.05 N 86'56'29' E C4 257.00 0529'58' 29.15 14.59 29.14 N 74'13'45' E (~ 227.00 OT26'S1" 29.51 14.77 29.49 S 72'01'36" W C6 143.00 11'41'00' 29.1 fi 14.63 29.11 S 74'25'41" W C7 173.00 09'31'47" 28.77 14.42 28.74 N 77'15'24' E C8 457.00 03'03'35° 24.45 12.23 24.45 N 48'45'4fi` E C9 427.00 10'11''01° 75.89 38.05 75.79 S 51'25'40" W Ct0 373.00 04'20'17" 28.24 14.13 28.24 S 50'50'28" W C11 338.00 04'4]47" 28.30 14.tfi 28.29 N' SO'Q4'0T E C12 427.00 03'46'20" 2$.11 14.06 28.11 N 32'15'17" E C13 459.00 03'30'26° 28.10 14.05 2$.09 S 32'36'16" W C14 457.00 03'2fi'04' 27.39 1.3.70 27.39 S 2]35'21" W Ct 5 427.00 03'41'01' 27.45 13.73 27.45 N 2fi 54'07" E C16 373.00 05'45'21 ° 37.47 18.75 37.4fi S 21'08'41' W C17 373.00 03'12'09' 20.85 1.0.43 20.85 S 1539'56" W C18 373.00 03'05'43" 20.15 10.08 20.15 S OT14'24" W G19 457.00 03'38'49" 29.09 14.55 29.08 N 13'29'41' E C2O 427.00 09'29'00' 70.67 35.42 70.59 S 1535'24" W C21 427.00 02'52'Ofi' 21.38 i O.fi9 2i .37 N 19'53'51' E C22 457.00 02'40'26" 21.33 i 0.fi7 21.33 N 19' 11'03' E C23 457.00 054'07' 31.12 15.57 31.12 N 54'48'47" E al.E N/A ~ MERIDIAN SEWER & WATER EASEMENTS .DATE 11/99/07 bkb CURVE DATA ~ ,~~~EER~NG E ~~. No. 50414 PROPOSED MCNELiS SUBDIVISION ~ SOLUTI~NS IEET ur 5 OF' 5 LOCATED IN THE SE Ya OF SECTION 34, T.4N., R.1W., B.M. ADA COi1NT1' IDAHO MERIDUW 1029 N. ROSARIO STR. STE 100 MERIDIAN. IpAHO 83642 Phone {208) 936-0980 Fox (208) 93B-09at ER Y 41 X , , 4-M -EASE.O VG 50 0 Meridian, ID 83642 Telephone: (208) 938-0980 Fax: (208) 938-0941 es-sharis@gwest.net • i. ~' ~I e a: '~ .-f ~ ? 4 ' ~ ~ # i i i '. x i ' 7 I ~' ~t l~ f ~._ ' t. ~ I F ~ ~ Z c _. ~. '~ ~~ ~ ~ ~ ~ t t ~ ~ i ~ f u SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 2007, between Ten Mile Center, LLC, 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 watermainright-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. IT 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 descril'ied 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 slxuctures, trees, brush, or perennial shrubs or flowers withinthe- areadescribed for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement McNelis Subdivision • • THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall became 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: TEN MILE CENTER, LLC Western Horizons, Inc. ~~~~~~ Edward J. NYc]?l'elis, Mana~ing Member i STATE OF IDAHO ) } ss County of Ada ) On this ,_,~~ day of ~ ~ , 2007, before me, the undersigned, a Notary Public in and for said S te, personally appeared Edward J. McNelis, known or identified to me to 6e the Managing Member of the limited liability company that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have day and ye~,;~~}~,ove written. set my hand and my official seal the ~'~~yC'w~r~~,3Y1 &~. J'~~~44~~~~ r ~y~1flt~@@~ ~~a o g ~ ~~~ g ~ ~ ~ ~~~~~ W Pd I' ~B'O®iQ`® rti e NOTARY Pl Residing at:_ Commission k b Sanitary Sewer and Water Main Easement McNelis Subdivision • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Witham G. Berg, City Clerk Approved By City Council On: 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, 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) NOTARY PUBLIC FOR IDAHO Residing at• Commission Expires: Sanitary Sewer and Water Main Easement McNeiis Subdivision August 29, 2007 MERIDIAN CITY SEWER AND WATER EASEMENTS ~ PROPOSED McNELIS SUBDNISION Easements for Meridian City sanitary sewer and domestic water facilities, located in the SE114 of Section 34, T.4N., R.1W., B.M., Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 887.05 feet; thence leaving said South boundary North 00°17'00" East, 48.00 feet to a point on the North right-of--way line of W. Ustick Road, the REAL POINT OF BEGINNING; thence North 89°43'00" West, 21.00 feet; thence North 00°17'00" East, 46.00 feet; thence South 89°43'00" East, 21.00 feed thence South 00°17`00" West, 46.00 feet to REAL POINT OF BEGINNING. Containing 966 SF, more or less. (EASEMENT B Commencing at the crorner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 843.21 feet; thence leaving said South boundary North 00°17'00" East, 123.00 feet to the REAL POINT OF BEGINNING; thence continuing North 00°17'00" East, 22.00 feet; thence South 89°43'00" Eas#, 37.00 feet; thence South 00°17'00" West, 22.00 feet; thence North 89°43`00" West, 37.00 feet to REAL POINT OF BEGINNING. Containing 814 SF, more or less. EASEMENT C Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 825.21 feet; thence leaving said South boundary North 00°17'00" East, 280.00 fee# to the REAL POINT OF BEGINNING; C:\Documents and Setringstgcarter.IS\I.ocal Settings\Temporary Internet Filesl0LKA5LSU414-MER BASEDOC thence continuing North 00°17'00" East, 60.00 feet; t thence South 89°43'00" East, 30.00 feet; }--- thence South 00°17'00" West, 60.00 feet; ~ I t thence North 89°43'Ofl"West, 30.00 feet to REAL POINT OF BEGINNING. Containing 1,800 SF, more or less. EASEMENT D Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 702.21 feet; #hence leaving said South boundary North 00°17'00" East, 130.00 feet to the REAL POINT OF BEGINNING; thence North 89°43'00" West, 36.00 feet; thence North 00°17'00" East, 21.00 feet; thence South 89°43'00" Eas#, 36.00 feet; thence South 00°17`00" Wes#, 21.00 feet to REAL POINT OF BEGINNING. Containing 756 SF, more or less. EASEMENT E Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 603.21 feet; thence leaving said South boundary North 00°17'00" East, 48.00 feet to a point on the north right-of-way of W. Ustick Road, the REAL POINT OF BEGINNING; thence North 89°43'00" West, 21.00 feet; thence North 00°17'00" Eas#, 46.00 feet; thence South 89°43'00" East, 21.00 feet; thence South 00°17`00° West, 46.00 feet to REAL POINT OF BEGINNING. Containing 966 SF, more or less. EASEMENT F Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the South boundary of said Section 34 North k 89°43'00" West, 439.21 feet; thence leaving said South boundary North 00°17'00" East, 48.00 feet #o a point on the north right-of--way of W. Ustick Road, the REAL POINT OF BEGINNING; thence North 89°43'00" West, 21.00 feet; C:1Dacuments and Settings\gcarter.IS\I.ocal Settings\Tertgwrary Internet Files\OLI{AS1S{1414-MER-EASE.DpC thence North 00°17'00° East, 47.00 feet; thence South 89°43'00" East, 21.00 feet; I thence South 00°17'00" West, 47.00 feet to REAL POINT OF BEGINNING. Containing 987 SF, more or less. EASEMENT G Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the South boundary of said Section 34 North 89°43'00" West, 257.96 feet; #hence leaving said South boundary North 00°17'00" East, 235.00 feet to the REAL POINT OF BEGINNING; thence North 89°43'00" West, 20.00 feet; thence North 00°17'35° East, 30.00 feet; thence North 89°43'00" West, 9.00 feet; thence South 00°17'35" West, 31.00 feet; thence North 89°43'00° West, 21.00 feet; thence North 00°17'35" East, 31.00 feet; thence North 89°43'00" West, 200.25 feet; thence South 00°17'00" West, 30.00 feet; thence North 89°43'00" West, 20.00 feet; thence North 00°17'00" East, 30.00 feet; thence North 89°43'00" West, 20.00 feet; thence South 00°17'00" West, 30.00 feet; thence North 89°43'00" West, 20.00 feet; thence North 00°17'00" East, 30.00 feet; thence North 89°43'00" West, 173.00 feet; thence North 00°17'00° East, 20.00 fee#; thence South 89°43'00" East, 202.30 feet; thence North 00°17'00" East, 20.00 feet; C:1Docununts and Settingslgcarter.IS\Loca] Setting\Tempotaiy Internet Filesl0LKA5150414-MER-EASE.DOC thence South 89°43'00" East, 21.00 feet; #hence South 00°17'00" West, 20.00 feet; thence South 89°43'00" East, 20.00 feet; thence North 00°17'00° East, 20.00 feet; thence South 89°43'00" East, 21.00 feet; thence South 00°17'00" West, 20.00 feet; thence South 89°43'00" East, 198.96 feet; thence North 00°17'35° East, 210.00 feet; thence North 89°43'00" West, 30.00 feet; #hence North 00°17'35" East, 21.00 feet; thence South 89°43'00" East, 30.00 feet; thence North 00°17'35° East, 18.00 feet; thence North 89°43'00" West, 30.00 feet; thence North 00°17'35" East, 21.00 feet; thence South 89°43'00" East, 30.00 feet; thence North 00°17'35" East, 320.88 feet; thence South 89°42'25° East, 20.00 feet; thence South 00°17'35" West, 170.87 feet; thence South 89°43'00" East, 31.00 feet; thence South 00°17'35u West, 21.00 feet; thence North $9°43'00" West, 31.00 feet; thence South 00°17'35" West, 19.00 feet; thence South 89°43'00" East, 31.00 feet; thence South 00°17'35° West, 21.00 feet; • thence North 89°43'00" West, 31.00 feet; C:1Documents and Settings\gcarter.lS\Local Settings\Temporary Internet Filesl0LKA5i50414-MER-EASE.1)OC • . thence Sou#h 04°17'35" West, 139.00 feet; thence South 89°43'00" East, 20.00 feet; thence South 00°17'35" West, 21.00 feet; thence North 89°43'00" West, 20.00 feet; thence South 00°17'35" West, 18.00 feet; thence South 89°43'00" East, 20.00 feet; thence South 00°17'35° West, 21.00 feet; thence North 89°43'00" West, 20.00 feet; thence South 00°17'35° West, 149.00 feet; thence South 89°43'00" East, 20.00 feet; thence South 00°17'35" West, 21.00 feet; thence North 89°43'00" West, 20.00 feet; thence South 00°17'35" West, 40.00 fee# to the REAL POINT OF BEGINNING. [ Containing 28,596 SF, more or less. EASEMENT H Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections ~ 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North g 00°17'35" East, 224.99 feet; thence leaving said East boundary line North $9°42'25" West, E 49.50 feet to the REAL POINT OF BEGINNING. thence South 06°00'13° West, 5.03 feet; thence South 00°17'35" West, 16.00 feet; thence North 89°43'QO" West, 52.00 feet; thence North 00°17'35" East, 21.00 feet; #hence South 89°43'00" East, 52.50 feet to the REAL POINT OF BEGINNING. Containing 1,093 SF, more or less. EASEMENT! Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 328.99 feet; thence leaving said Eas# boundary line North 89°42'25" West, C:rpocuments and Settingslgcarter.ISU.ocal Setting\Temparery Internet FilesWT~CA5~504t~F-MER-EASE.DOC • 48.00 feet to a point on the west right-of-way of N. Ten Mile Road, the REAL POINT OF BEGINNING. thence South 00°17'35" West, 21.00 feet; thence North 89°42'25" West, 55.00 feet; thence North 00°17'35" East, 21.00 feet; thence South 89°42'25" East, 55.00 feet to the REAL POINT OF BEGINNING. Containing 1,155 SF, more or less. EASEMENT J Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35° East, 384.88 feet; thence leaving said East boundary line North $9°42'25" West, 712.28 feet to the REAL POINT OF BEGINNING. thence North 89°43`00" West, 29.00 feet; thence North 00°17'00" East, 21.00 feet; thence South 89°43'00" East, 29.00 feet; thence South 00°17'00" West, 21.00 feet to the REAL POINT OF BEGINNING. Containing 609 SF, more or less. EASEMENT K Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 413.70 feet; thence leaving said East boundary line North 89°42'25" West, 795.26 feet to the REAL POINT OF BEGINNING. thence 4.00 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 00°32'12°, and a long chord bearing South 00°33'06" Wes#, 4.00 feet to a point of tangency; thence Sauth 00°17'00" West, 17.00 feet; thence North 89°43'00" West, 33.00 feet; thence North 00°17'00° East, 21.00 feet; thence South 89°43'00" East, 33.02 feet to the REAL POINT OF BEGINNING. Containing 693 SF, more or less. EASEMENT L Commencing at the corner common to Sections 2 and 3, T.3N., R.1W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North C:1Documents and Settings\gcarter.LS~Local Settings\Temparary Internet FileaIOLKA5~SQ414-MEIt-SASE.DOC 4 • 00°17'35" East, 444.88 feet; #hence leaving said East boundary line North 89°42'25" West, 702.18 feet to the REAL POINT OF BEGINNING. thence North 89°43'00" West, 37.44 feet to a point on a curve; thence 20.15 feet along the arc of anon-tangent curve #o the right, said curve having a radius of 373.00 feet, a delta angle of 03°05'43", and a long chord bearing North 07°14'24" East, 20.15 feet; thence South 89°43'00° East, 35.00 feet; thence South 00°17'00" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing 726 SF, mare or less. EASEMENT M Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 495.31 feet; thence leaving said East boundary line North 89°42'25" West, 786.62 feet to the REAL POINT OF BEGINNING. thence North 80°50'56" West, 30.03 feet to a point on a curve; thence 29.09 feet along the arc of anon-tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of03°38'49", and a long chord bearing North 13°29'41" East, 29.08 feet; thence North 80°50'56" West, 171.92 feet; thence South 00°17'00" West, 41.09 feet; thence North 89°43'00" West, 23.50 feet; thence North 00°17'00" Eas#, 44.76 feet; thence North 80°50'56" West, 1.57 feet; thence North 89°43'00" West, 362.53 feet; #hence North 37°25'41" Wes#, 25.28 feet; thence South 89°43'00" East, 379.54 feet; thence North 09°09'04" East, 43.00 feet; thence South 80°50'56" Eas#, 24.00 feet; thence South 09°09'04" West, 43.00 feet; thence South 80°50'56" East, 177.43 feet to a point on a curve; C:II)ocuments and Settingslgcarter.LSU.oea1 SetringslTemporary Internet Files101,KA5150414MER EASE.Dt}C • • thence 21.33 feet along the arc of anon-tangent curare to the right said curve having a radius of 457.00 feet, a delta angle of 02°40'26°, and a long chord bearing North 19°11'03" East, 21.33 fee#; thence South 80°50'56" East, 30.64 feet to a point on a curare; thence 70.67 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 09°29'00", and a long chord bearing South 16°35'24" West, 70.59 feet to the REAL POINT OF BEGINNING. Containing 15,566 SF, more or less. EASEMENT N Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 504.88 feet; #hence leaving said East boundary line North 89°42'25" West, 685.07 feet to the REAL POINT OF BEGINNING. thence North 89°43'00" West, 43.88 feet to a poin# on a curve; thence 20.85 feet along the arc of anon-tangent curve to the right, said curare having a radius of 373.00 feet, a delta angle of 03°12'09", and a long chord bearing North 16°39'56" East, 20.85 feet; thence South 89°43'00" East, 38.00 feet; thence South 00°17'00" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing 821 SF, more or less. EASEMENT O Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 559.88 feet; thence leaving said East boundary line North 89°42'25" West, 687.08 fee# to the REAL POINT OF BEGINNING. thence South 00°17'00" West, 35A0 feet; thence North 89°43'00" West, 36.00 feet to a point on a curve; thence 37.47 feet along the arc of anon-tangent curve to the right, said curve having a radius of 373.00 feet, a delta angle of 05°45'21 ", and a long chord bearing North 21°08'41" East, 37.46 feet; thence South 89°43'00" East, 22.66 feet to the REAL POINT OF BEGINNING. Containing 1,038 SF, more or less. EASEMENT P Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections _~ 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North C:iDocuments and Settingstgcarter.IStLocal Settings\Temporary Internet FileslOI.KA5150414-MER-EASE.DOC • • 00°17'35" East, 588.68 feet; thence leaving said East boundary line North 89°42'25" West, 756.00 feet to the REAL POINT OF BEGINNING. thence North 52°44'39" West, 30.65 feet #o a point on a curve; thence 27.39 feet along the arc of anon-tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of 03°26'04", and a long chord bearing North 27°35'21" East, 27.39 feet; thence South 52°44'39" East, 30.31 feet to a point on a curve; thence 27.45 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 03°41'01 ", and a long chord bearing South 26°54'07" West, 27.45 feet to the REAL POINT OF BEGINNING. Containing 823 SF, more or less. EASEIUIENT Q Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 647.61 feet; thence leaving said East boundary line North 89°42'25" West, 722.91 fee# to a point on a curve being the REAL POINT OF BEGINNING. thence 28.11 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 03°46'20", and a long chord bearing South 32°15'17" West, 28.11 feet; thence North 52°44'39" West, 32.22 feet to a point on a curve; thence 28.10 feet along the arc of anon-tangent curve to the right, said curve having a radius of 459.00 feet, a delta angle of 03°30'26", and a long chord bearing North 32°36'16" East, 28.09 feet; thence South 52°44'39" East, 32.04 feet to the REAL POINT OF BEGINNING. Containing 899 SF, more or less. EASEMENT R Commencing at the comer common #o Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 674.99 feet; thence leaving said East boundary line North 89°42'25" West, 48.00 feet to a point on the west right-of--way of N. Ten Mile Road, the REAL POINT OF BEGINNING. thence along said right-of-way South 00°17'35" West, 26.00 feet; thence North 89°43'00" West, 34.00 feet; thence South 00° 17'35" West, 28.00 feet; thence North 89°43'00" West, 21.00 feet; C:\Documents and Settings\gcarter.ISU-ocal SeriingslTemporary Internet Files~oLKA5150414-MER-EASE.DOC • • thence North 00°17'35" East, 87.00 feet; thence South 89°43'00" East, 21.00 feet; thence South 00°17'35" Eas#, 33.00 feet; thence South 89°43'00° East, 34.00 feet to the REAL POINT OF BEGINNING. Containing 2,711 SF, more or less. EASEMENT S Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 706.56 feet; thence leaving said East boundary line North 89°42'25" West, 594.22 feet to the REAL POINT OF BEGINNING. thence South 31°45'35° East, 35.16 feet to a point on a curve; thence 28.30 feet along the arc of anon-tangent curve to the left, said curve having a radius of 338.00 feet, a delta angle of 04°47'47", and a long chord bearing South 50°04'07° West, 28.29 feet; thence North 31°45'35" West, 35.55 feet to a point on a curve; thence 28.24 feet along the arc of anon-tangent curve to the right, said curve having a radius of 373.00 feet, a delta angle of 04°20'17", and a long chord bearing North 50°50'28" East, 28.24 feet to the REAL POINT OF BEGINNING. Containing 989 SF, more or less. EASEMENT T Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 717.16 feet; thence leaving said East boundary line North 89°42'25" West, 664.67 feet to the REAL POINT OF BEGINNING. thence North 30°16'03° West, 30.78 feet to a point on a curve; thence 24.45 fee# along the arc of anon-tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of 03°03'55", and a long chord bearing North 48°45'46" Eas#, 24.45 feet; thence North 30°16'03° West, 297.01 feet; thence South 59°43'ST' West, 20.00 feet; thence North 30°16'03" West, 51.00 feet; thence North 86°51'15" West, 174.18 feet; thence South 00°01'19" East, 40.06 feet; C:~Documenis and Settings~gcarter.IS~I-°cal SettinS.c\Temporary Internet Filesl0LKA5150Rt4-MER-EASE.DLlC thence North $6°51'15" West, 23.04 feet; thence North 00°01'19" West, 40.06 feet; thence North 86°51'15" West, 365.32 feet; thence South 02°09'02" West, 434.96 feet; thence North 37°25'41" West, 31.39 feet; thence North 02°09'02" East, 431.12 feet; thence Sou#h 86°51'15" East, 617.61 feet; thence North 64°14'16" East, 277.37 feet; thence South 89°43'09" East, 51.61 feet; thence South 01°00'46" West, 43.00 feet thence South fi3°4fi'45" West, 27.00 feet; thence North 25°45'44" West, 41.27 feet; thence South 64°14'16" West, 231.66 feet; thence South 34°16'03" East, 28.09 feet; thence South 64°14'16" West, 33.10 feet; #hence North 30°1fi'03" West, 18.06 feet; #hence South 64°14'16" West, 11.03 feet; thence South 30°16'03" East, 312.62 feet to a point on'a curve; thence 31.12 feet along the arc of a non tangent curve to the right, said curve having a radius of 457.00 feet, a delta angle of 03°54'07", and a long chord bearing North 54°46'47" East, 31.12 feet; thence South 30°16'03" East, 30.04 feet to a point on a curve; thence 75.89 feet along the arc of anon-tangent curve to the left, said curve having a radius of 427.00 feet, a delta angle of 10°11'01", and a long chord bearing South 51°25'40" West, 75.79 feet to the REAL POINT OF BEGINNING. Containing 2,275 SF, more or less. EASEMENT U Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1W., B.M.; thence along the East boundary of said Section 34 North C:1Uocuments and Settingslgcarter.lSlI.ocal5ettings\Tempoiary Internet Filesl0LKA5\50414-MER-EASE.DOC • 00°17'35" East, 787.68 feet; thence leaving said Eas# boundary line North 89°42'25" West, 416.72 feet to the REAL POINT OF BEGINNING. thence South 58°14'25" West, 61.00 feet; thence North 31°45'35" West, 27.00 feet; thence North 58°14'25" East, 61.00 feet; thence South 31°45'35° East, 27.00 feet to the REAL POINT OF BEGINNING. Containing 1,647 SF, more or less. EASEMENT V Commencing at the comer common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 835.69 feet; thence leaving said East boundary Ilne North 89°42'25" Wes#, 330.00 feet to the REAL POINT OF BEGINNING. thence North 00°17'35° East, 31.86 feet to a paint on a curve; thence 28.77 feet along the arc of anon-tangent curve to the right, said curve having a radius of 173.00 feet, a delta angle of 09°31'47", and a long chord bearing North 77°15'24" East, 28.74 feet; thence South 00°17'35" West, 30.38 feet to a point on a curve; thence 29.16 feet along the arc of anon-tangent curve to the left, said curve having a radius of 143.00 feet, a delta angle of 11 °41'00", and a long chord bearing South 74°25'41 ° West, 29.11 feet to the REAL POINT OF BEGINNING. Containing 868 SF, more or less. EASEMENT W Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 848.83 feet; thence leaving said East boundary line North $9°42'25" West, 222.00 feet to the REAL POINT OF BEGINNING. thence continuing North 89°42'25° West, 21.00 feet; thence North 00°17'35° East, 27.00 feet; thence South 89°42'25° East, 21.00 feet; thence South 00°17'35° West, 27.00 feet to the REAL POINT OF BEGINNING. Containing 567 SF, more or less. EASEMENT X Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North C:1I)ocuments and Settings\gcarter.ISVJocal SettingslTemporary Internet Files~oI KA5~5Q414-MER-EASE.DOC • • 00°17'35" East, 863.82 feet; thence leaving said East boundary line North 89°42'25" West, 447.74 feet to the REAL POINT OF BEGINNING. thence North 25°45'44" West, 30.17 feet; thence North 58°14'25" East, 62.34 feet; thence South 25°45'44" East, 30.17 feet; thence South 58°14'25" West, 62.34 feet to the REAL POINT OF BEGINNING. Containing 1,870 SF, more or less. EASEMENT Y Commencing at the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Section 34 North 00°17'35" East, 919.32 feet; thence leaving said East boundary line North 89°42'25" West, 352.53 feet to the REAL POINT OF BEGINNING. thence North 00°17'35" East, 32.05 feet to a point on a curare; #hence 29.15 feet along the arc of anon-tangent curve to the right, said curve having a radius of 257.00 feet, a delta angle of 06°29'58°, and a long chord bearing North 74°13'45" East, 29.14 feet; thence South Op°17'35" West, 30.87 feet to a point on a curve; thence 29.51 feet along the arc of anon-tangent curve to the left, said curve having a radius of 227.00 feet, a delta angle of 07°26'51 ", and a long chord bearing South 72°01'36" West, 29.49 feet to the REAL POINT OF BEGINNING. Containing 880 SF, more or less. EASEMENT Z Commencing a# the corner common to Sections 2 and 3, T.3N., R.1 W., and Sections 34 and 35, T.4N., R.1 W., B.M.; thence along the East boundary of said Secfion 34 North 00°17'35" East, 965.83 feet; thence leaving said East boundary line North 89°42'25" West, 267.53 feet to the REAL POINT OF BEGINNING. thence South 00°17'35" West, 30.00 feet to a point on a curve; thence 30.09 feet along the arc of anon-tangent curve to the left, said curve having a radius of 227.00 feet, a delta angle of 07°35'40", and a long chord bearing South 86°29'45" West, 30.07 feet; thence North 00°17'35" East, 30.23 feet to a point on a curve; thence 30.07 feet along the arc of anon-tangent curve to the right, said curve having a radius of 257.00 feet, a delta angle of 06°42'13", and a long chord bearing North 86°56'29" East, 30.05 feet to the REAL POINT OF BEGINNING. Con#aining 902 SF, more or less. 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MERIDIAN, IDAHO 83642 /50414-MER-EASE.OWG MERIDIAN, AOA COUNTY, IDAHO Phone (208) 938--0980 Fax {206) 938-0941 i S 00'17'35"W S 89'43'00°E 33.00' I J 21.00'r S 89'43'00° E I 34.00' w I N 48.~J °f ° N .~ z L J\ ~ I r N 89'43'00°W ~ $ N $9'43'00'W .~~ N I 34.00'. f ~ oI .~ _-~ _-J ~ ~ .~ s~~n~vtislo i ~~ ~n~N~~-~s -~ P,~apo r-- - - -~ ~J Z ~. ~ ~ I ~_ b~~ 0 z' a ' S $9'42'25°E I N 89'4~'25°V! I ? 0 55.00' 48.00 I, ° ~, f ° ° N 89'42'25°W "'r °'• ~ • o0 - ~ ~ 55.00' g ~ M w 5 89'43'00°E N $9'42'25°W I ~;. 52.50' 4950` I LEGEND b$L ~ ~;,,'~~, ~ POINT OF BEGINNING f ° 52.00' ~ ' ' - - - EASEMENT LINE ~ N 89.43'o0°w o ~' ~ N S 00'17'35°W r°o I 16.00' ~ ' D I .~ _ I ~4 35 . W. USTICK ROAD 3 2 - - I SCALE ~°=goo' MERIDIAN SEINER & WATER EASEMENTS ~(~'~~E'~'~~~~' DWG.DATE oa/x~/o~ bl~ EASEMENTS "H" "I" "R" PROJ. N0. 50414 PROPOSED IVIcNELIS SUBDIVISf~N S'QLUTIQNS>:~ SHEEN 1029 N. ROSARlO STR. STE 100 3 OF 6 LOCATED IN THE SE Ya OF SECTION 34, T.4N., R.1W., B.M. MERIDIAN, 1DAH0 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0960 Fax (208) 938-0941 50414-MER-EASE.DWG . M 1 ~ ~! 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Na 50414 I SHEET' ~[ 40F6 MERIDIAN SEWER & WATER EASEMENTS EASEMENTS "J"-°~~~, "N"-"Q" °S" & "U"-"Z° PROPOSED McNELIS SUBDIVISION LOCATED IN THE SE ~ OF SECTION 34, T.4N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO 34 35 3 2 EN6/NEER/N6 SOLUTIONSw 1029 N. ROSARIO STR. STE 100 MERIDIAN, IDAHO 83642 Phone (208} 938-0980 Fax (208) 938-0941 a'~ ~ ~~~~ j ~ ~i.~~~~ ~ N 02'09'02"E 431.12' I ~ ~ ~ ~ ti `Y'ti ~ ~` S 02'09'02°S 434.96' z ~ ~0~~* ~~ ~ ~ ~ O Z ~• ~ zl ~ w .~ Z M ~ ~' ~,+~ °o ~ t*I r'-~ ~ $I m ~ y w cn o0 V Z Z ~ ~ ~',I tr z N V~1 a7 ' ~ ~ I ~asos ~~ ~ ~ m O S ~ ~ ~D'~ V I ~, I N 89'4300°N('~~ ~ ~ ~Sl 1S.98 X6`6 -°~'. ,-{ ~ 3„6 l,10A0 S a °' j I I N 80'50'S6"W 1 ~ ~~ 'g ~ ~ ~,~~ I i t '17 1 1z1.92'~ joJ o~ ~/ ~~`~p~ 5 ~~ +~, ~ -~ Z ~ I I ~ / I ~ III ~ ~ ~ ~~ g~`~~ w .p ~ a°.~ I ~ l ~z ~~w r~- ~~ 'I I ~ II I ! ~ r~ I I I ~I ~ _-_ r _-~ + I ~ I I I ~ iZl ItOI- -,, I -~ I I ~ ~NI I + l ~ I ~ ill I I < ICI ~ I°'L j - -- ~-- - -~ -~ ~~ ~ ~w~ z I \ ~''~' 1' -I ~,," I °' ~ -c°o I ~ o ~ 1 r*i I `` ~ ~ / v ~ ~ o `~' / / o rn $ +y ~ ~ ~ o ~ ~ ~' m I -~ ~ ~ I ti ~ 1 a- ~~ 'U _ _J I I+ I i I II I J + I+ ~ II l i ( ~+ f I w N ~ 495.3t'J 717.18' N• ~N ~~LE RQ. l scA`E ,-=200' MERIDIAN SEINER & WATER EASEMENTS IVGINEER/NG DWG.DATE 08/23/07 bkb ~ n „ ~ ~ SEMENTS M & T PROS. No. 50414 PROPOSED McNELIS SUBDIVISION So~ur~anrs« SHEET 1029 N. ROSARIO STR. STE 100 5 OF 6 LOCATED IN THE 5E Ya Of SECTION 34, T.4N., R.iW., B.M. MERIDIAN, IpAWO 83642 50414-MER-EASE.OWG MERIDIAN, ADA COUNTY, IDAHO Ptrone (208) 938-0980 Fox {208) 938-0941 V DATA CURVE RADIUS DELTA ARC TANGENT CHORD CHORD BRG C1 427.00 00'32'12" 4A0 2.00 4.00 S t?~33'O6" W C2 227.00 OT35'40" 30A9 15.07 30.07 S 86'29'45" W C3 257.00 OG42'13" 30.07 15.05 30.05 N 86'56'29' E C4 257.00 06'29'58" 29.15 14.59 29.14 N 74'13'45' E C5 227.00 OT26'51" 29.51 14.77 29.49 S 72'01'36' W C6 143.00 11'41'00" 29.16 14.63 29.11 S 74'25'41" W C7 173.00 09'31'47" 28.77 14;42 28.74 N 7Ti5'24" E C8 457.00 03'03'55' 24.45 12.23 24.45 N 48'45'46' E C9 427.00 10'11'01" 75.89 38.05 75.79 5 51'25'40' W C10 373.00 04'20'17" 28.24 14.13 28.24 S 50'50'28" W C11 338.00 04'47'47' 28.30 14:16 2$.29 N 50'04'07" E C12 427.00 03'46'20" 28.11 14.06 28.11 N 32'15'17" E C13 459.00 03'30'26' 28.10 14.05 28.09 S 32'36'16" W C14 457.Q0 03'26'04" 27.39 13.70 27.39 S 2T35'21' W C15 427.00 03'41'01" 27.45 13.73 27.45 N 26'54'07" E C16 373.00 05'45'21' 37.47 18.75 37.46 S 21'08'41" W C17 373.00 03'12'49' 20.85 10.43 20.85 S 1G39'56' W C18 373.00 03'05'43' 20.15 10.08 20.15 S OT14'24' W C19 457.00 03'38'49" 29.09 14.55 29.08 N 13'29'41" E C20 427.00 09'29'00" 70.67 35.42 70.59 S 16'35'24" W C21 427.00 02'82'06' 21.38 10.69 21.37 N 19'53'51" E C22 457.00 02'40'26" 21.33 10.67 21.33 N 19'11'03" E C23 457.00 03'54'07' 31.12 15.57 31.12 N 54'46'47' E ~7~~ ~~'~ ~®,C SCALE N/A MERIDIAN SEWER & WATER EASEMENTS NGINEER/N~ owG.DATE 08/23/07 bkb RVE D CU ATA PROS. No. 50414 PROPOSED McNELIS SUBDIVISION s~tUrla~~r~P SHEET 1029 N. ROSARIO STR. STE 100 $ OF 6 LOCATED iN THE SE y OF SECTION 34, T.4N., R.1W., B.M. MERIDIAN, IDAHO 83642 MERIDUW, ADA COUNTY, IDAHO PtiORE (208) 93a-09aa Fax (208) 838-0941 50414-MER-EASE.DWG September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. S-.I REQUEST Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: V ADA COUNTY HIGHWAY DISTRICT: u SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • ICR1 SIP ...neo~e than~'v.~t tn~~c~taace Insurance Billing Invoice V1/ILL BERG City of Meridian 33 E Idaho Meridian, ID 83642 Total Annual Member Contribution for Policy Period 10/01 /07 to 9/30/08 Minimum due is 50%. For Service or Questions, Call your Agent: James Fullinwider (208) 888-1465 $201,629.00 - - - - - - - - - - - - return tFtis porn®n with your payment - - - - - - - - - - _ - Member; City of Meridian 33 E Idaho Meridian, ID 83642 Make Checks Payable to: ICRMP PO Box 15116 Boise, ID 83715 Date Billed; 9/4/2007 Policy Number: 27A02114100107 Address corrections? Please check this box and make changes on the back of this form and enclose with your payment. '~ •- ~ ~, 27A02114100107 10/4/2007 $100,814.50 • • PUBLIC ENTITY MULTI~LINES INSURANCE POLICY DECLARATIONS Issued By IDAHO COUNTIES RISK MANAGEMENT PROGRAM, UNDERWRITERS Named Insured: City Of MlEridlan Policy No.: 27A02114100107 Address: 33 E Idaho Policy Period: From: October 1, 2007 Meridian, Idaho 83642 To: October 1, 2008 (Both Days at 12:01 a.m. at Insured's Address) Application Date: August 1, 2007 Retroactive Term: May 15, 1989 Premium: $201,629 (Section IV Only) THE INSURANCE PROVIDED BY THIS POLICY SUPERSEDES ALL INSURANCE PREVIOUSLY AFFORDED BY ANY OTHER POLICY. ~~~ ~- _ ~k z.. , SECTION I -Buildings, Structures and Personal Property/Automobile Physical Damage/Operational Disruption ExpenseNaluable Papers & Records A. Buildings, Structures and Personal Total Value Per Location as Per Covered Occurrence Property; reported in the Schedule of * The First $2,500 of Values any Loss. This • Architects Fees $250,000 Per Covered Occurrence Deductible is applicable to • Fine Arts $500,000 .Per covered occurrence or in the Section I, aggregate for multiple occurrences Coverages A, B, C, and D. • Ordinance Deficiency $5,000,000 Per Covered Occurrence • Preservation of Property $25,000 Per Covered Occurrence • Property in Course of Constructlon New $100,000 Per Covered Occurrence Repairs/Renovations of Existing $1,000,000 Per Covered Occurrence • Service Animals $10,000 Per Covered Occurrence B. Automobile/Mobile Equipment Functional Replaeement Cost Per Covered Occurrence Physical Damage as reported in the Schedule of Values C. Operational Disruption Expense $1,000,000 Per covered occurrence or in the aggregate for multiple occurrences. D. Valuable Papers and Records $100,000 Per covered occurrence or in the aggregate for multiple occurrences. ...: • FLOOD $50,000,000 In the Aggregate Annually for all * Determined by ICRMP insureds Collectively. formula at the EARTHQUAKE $50,000,000 In the Aggregate Annually for all time of the loss. ICRMP insureds Collectively. D-1 ICRMP 27A2008 L~ SECTION II -General Liability and For Claims ForAll Other Premises Medical Payments Insuring Brought Pursuant Clahns Agreement to Title 6, Ch. 9, Idaho Code A. General Liability $ 500,000 $3,000,000 per Covered Occurrence * $0.00 (no deductible) for • City/County Prosecutors Or $ 500.000 $ 500,000 Per Covered Occurrence Section II, Appointed City Attorneys Coverages serving as Independent A, B 8 C. contractors • Sewer Backup Mold 8 Fungus $ 500,000 $ 500,000 Per Covered Occurrence Abatement & Remediation B. Premises and Operations Medical $ 5,000 $ 5,000 Each Person Payments $ 100,000 $ 100,000 Each Accident C. Law Enforcement Liability $ 500,000 $3,000,000 Per Covered Occurrence SECTION III -Automobile Liability and Automobile Medical Payments A. Automobile Liability $ 500,000 $3,000,000 Per Covered Occurrence * $0.00 (no deductible) for B. Automobile Medical Payments $ 5,000 $5,000 Each Person Section III, Coverages $ 100,000 $ 100,000 Each Accident A, B 8~ C. C. Uninsured/Underinsured $ 500,000 $500,000 Per Covered Occurrence Motorists/No Fault SECTION IV -Errors and Omissions Insurance CLAIMS MADE COVERAGE ONLY A. Errors and Omissions $ 500,000 $3,000,000 per Covered Occurrence * $0.00 (no deductible) • City/County Prosecutors Or $ 500,000 $500,000 Per Covered Occurrence for Section N, Coverages A & B. Appointed City Attorneys serving as Independent contractors B. Employee Medical Insurance $ 500,000 $3,000,000 per Covered Occurrence Benefit Liability SECTION V -Crime Insurance (Including Coverage for Public Officials in Lieu of Surety Bond Requirements) A. Employee Dishonesty $ 500,000 $ 500,000 Per Covered Occurrence * The First $2,500 of any Loss. This B. Loss Inside the Premises $ 500,000 $500,000 Per Covered Occurrence Deductible is C. Loss Outside the Premises $500,000 $500,000 Per Covered Occurrence applicable to Section V, Coverages A, B, C, D. Money Orders and Counterfeit $ 500,000 $ 500,000 Per Covered Occurrence D and E. Paper Currency E. De ositor's Fore $ 500,000 $ 500,000 Per Covered Occurrence D-2 ICRMP 27A2008 SECTION VI -Boiler and Machinery A. Damaged Property Included in * The First $2,500 of Annual Aggregate any Loss. This • Expediting Expense $ 2,500,000 Per Covered Occurrence Deductible is applicable to Section VI, Coverages A, B, C, • Data & Media $ 100,000 Per Covered Occurrence and D. • Newly Acquired Premises $ 5,000,000 Per Covered Occurrence • Ordinance or Law $ 5,000,000 Per Covered Occurrence • Errors and Omissions $10,000,000 Per Covered Occurrence • Hazardous Substance $ 500,000 Per Covered Occurrence • Ammonia Contamination $ 1,000,000 Per Covered Occurrence • Water Damage $ 2,500,000 Per Covered Occurrence B. Utility Interruption $ 2,500,000 Per Covered Occurrence C. Business Interruption and Extra Included in Per Covered Occurrence Expense Annual Aggregate D. Consequential Damage (Spoilage) $ 1,000,000 Per Covered Occurrence $100,000,000 In the Aggregate Annually Per Covered Occurrence, Respects Section VI. SECTION VII -Chemical Spraying Liability, Medical Payments & Emergency Clean-Up Expenses * The First $0 of any CLAIMS MADE COVERAGE ONLY Per Covered occurrence and/or in the aggregate for Loss. This Deductible multiple occurrences. is applipble to A. Chemical Spraying Liability $ 500,000 Section VII, $ 5,000 Each Person Coverages A, B, and $ 10,000 Each Accident C. B. Medical Payments $ 5,000 Each Person $ 10,000 Each Accident C. Emergency Clean-Up Expense NOTICE RE: INSURANCE GUARANTY ASSOCIATION As required by Article 12, Section 4 of the Idaho Constitution and Idaho Code Section 41-3603(10), the. ICRMP Program is not a Darticipant in the Idaho Insurance Guaranty Association As such, ICRMP Subscribers are not responsible for the costs of private insurer insolvencles, nor are they or claimants against them entitled to any of the protections which participation in the Guaranty Association would provide. This notice is provided in cooperation with the Idaho Insurance Guaranty Association. For additional information concerning this notice, contact the ICRMP Executive Director at 1-800-336-1985 or James Fullinwider at (208) 888-1465. D-3 ICRMP 27A2008 • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 AZ 07-010 APPLICANT Ahlquist Development, LLC ITEM NO. 5-K REQUEST Development Agreement -Request for Annexation and Zoning of 6.67 acres from R1 to C-G zones for Gardner-Ahlquist Gateway South -southeast corner of Franklin and Eagle Roads AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Development Agreement OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ~ ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ~ BOtSE IOAMO :09/271A7 01:~ PM 45 ~ DEPUTY Pad Thompson III flllililil~il~~111111:1:1111:111.1Itll RECORDED-REQUEST OF City of Meridian 107134668 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ahlquist Development, LLC, Developer/Owner THIS DEVELOPME T AGREEMENT (this Agreement), is made and entered into this~~ day of , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Ahlquist Development, LLC, whose address is 13901 W. Waiiu~ight, Suite B, Boise, Idaho 83713, hereinafter called DEVELOPER/OWNER. RECITALS: 1.1 WHEREAS, Developer/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, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developer/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 Unif ed Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Developer/Owner has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of (C-G) General Commercial), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Developer/Owner made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AG1tEEMENT (AZ 07-012 GARDNEIt/AHLQUIST GATEWAY SOUTIT) PAGE 1 OF 11 • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 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 Developer/Owner to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER/OWNER deem it to be in their 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 Developer/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 are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 0?-012 GARDNERlAHLQUIST GATEWAY SOUTI~ PAGE 2 OF 11 • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existuig by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER/OWNER: means and refers to Ahlquist Development, LLC, whose address is 13901 W. Wainright, Suite B, Boise, Idaho 83713, the party that owns and is developing said Property and shall include any subsequent owner(s) andlor developer(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 parcels to be re-zoned C-G (General Commercial 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 11-2B which aze herein specified as follows: S Commercial lots on 22.3 acres in the proposed C-G zone and construction of a private street for Gardner Ahlquist Gateway South and the pertinent provisions of the City of Meridian Comprehensive Plan applicable to this AZ 07-010 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AH•LQUIST GATEWAY SOUTI~ PAGE 3 OF I 1 • • 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner shall develop the Property in accordance with the following special conditions: 5.1.1 All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors. 5.1.2 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5.1.3 The Applicant shall be responsible for all costs associated with sewer and water service installation. 5.1.4 The following shall be the allowed uses on this property: Permitted and Accessory uses within the C-G zone. All Conditionally Permitted uses in said zone shall be subject to CUP approval. 5.1.5 The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department for all new construction on the subject property. 5.1.6 The site shall develop generally consistent with the submitted concept plan and shall include between 165,000 - 208,000 square feet of combined office and retail space (between 492,000 - 674,000 squaze feet total, including the north phase). A minimum of 3 buildings shall be required on this site (11 total, including the north phase). No single building within the Gazdner-Ahlquist Gateway South Subdivision shall exceed 100,000 square feet. 5.1.7 All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with the Gazdner- Ahlquist Gateway Subdivision. All buildings shall also be subject to the City's Administrative Design Review. 5.1.8 Any buildings located adjacent to Eagle Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades that face Eagle Road. 5.1.9 Locate a minimum of two buildings (5 buildings total, including the north phase) abutting the landscape buffer along Eagle Road. 5.1.10 No direct access to Gazdner-Ahlquist Gateway South shall be allowed from Eagle Road / SH 55. DEVELOPMENT AGREEMENT (AZ U7-012' GARDNER/AHL.QUIST GATEWAY SOUTH) PAGE 4 OF 11 • 5.1.11 The Applicant shall obtain a recorded agreement which allows the Gazdner-Ahlquist properties access to and through the private property located at the southeast corner of the Montvue Pazk Subdivision (Lot 2, Block 5). Said document must also reciprocate access to said property to and through the Gazdner-Ahlquist Gateway Subdivisions. 5.1.12 A continuous 35-foot wide landscape buffer shall be constructed adjacent to Eagle Road. 5.1.13 The Applicant shall be responsible for the construction of a 10'- wide multi-use pathway (with a public use easement) and the installation of street lights and landscaping along Eagle Road / SH 55 that is consistent with the Eagle Road Corridor Study. 5.1.14 Prior to the issuance of any building permit, the subject property shall be subdivided, as proposed on the submitted Preliminary Plat. 5.1.15 The Applicant shall complete all required site improvements prior to obtaining Certificates of Occupancy for the proposed development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer/Owner or Developer/Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" 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 Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer/Owner consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to DeveloperlOwner and if the Developer/Owner fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer/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 DEVELOPM°ENT AGREEMENT (AZ U7-U12 GARDNER/AHLQUIST GATEWAY SOUTI~ PAGE 5 OF 11 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 Developer/Owner, or Developer/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 Developer/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. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer/Owner's cost, and submit proof of such recording to Developer/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 Developer/Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 Developer/Owner shall have thirty (30) days after DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHLQUISTCATEWAY SOUTITJ PAGE 6 OF 11 i ~ 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 maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer/Owner or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer/Owner agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The DeveloperlOwneragrcethat no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer/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. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ U7-U12 GARDNER/AHLQUIST GATEWAY SOUTI~ PAGE 7 OF 11 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER/OWNER: Alilquist Development, LLC 13901 W. Wainright, Suite B Boise, ID 83713 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. i7. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Developer/Owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, DEVELOPMENT AGREEMENT (AZ 07-012 GARDNER/AHLQUIST GATEWAY SOUTI~ PAGE 8 OF 11 upon written request ofDeveloper/Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer/Owner have fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between DeveloperlOwner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or unplied, between Developer/Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subj ect 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 zotung designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 07-Oi2 GARDNER/AHI.QUIST GATEWAY SOUTIT) PAGE 9 OF 11 ACKNOWLEDGMENTS • IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER/OWNER: AHLQUIST DEVELOPMENT, LLC sy: CITY OF MERIDIAN By: MAYOR de WEERD Attest: ~.~`~~`~ '~ .~' T '~ Fp 's .~ ~ ''• - ` ~~~ _ CITY CLERK = ~ '~ Q_T'$t . ~. 7 ~ -, '! ~, ~. ~ . DEVELOPMENT AGREEMENT (AZ U7-012 GARDNER/AHLQUIST GATEWAY SOUTI~ PAGE lU OF 11 STATE OF IDAHO, ) ss County of Ada, ) On this ~ day of ~~~Q= .~, 2007, before me, the under igned, a Notary Public in and for said State, personally a feared 7. 0712Q,S'~~~,G~4(~ , known or identified to me to be the ~ ~~l ~ ,(,r of Ahlquist Development, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~A~I,~`°~'• ~0~~ ~~O (SEAL) ~QTA,~~ ~ ~.• u is for I o _ ~'L.e LtG Residing at: f~10/ Ud'. i~d~Q/t7 % 2 jD~ /,V$37~ 'r' My Commission Expires: 0 ~~~'''~~ OF l0~~..t-` STATE OF IDAHO ) ss County of Ada ) On this 2.5~ day of ~~p~~1`(1 kXr , 2007, before me, a Notary Public, personally appeared 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 th :d~g~yg~ar:n this certificate first above written. i iF ~ ,;~ i (SEAL) : ~ x: Notary Public for Idaho " ~ Residing at: ~,(~ 1 UP 11. ~b '~,~.,`;, IC ,, ; ~ ~: Commission expires: ip-11-1 ~~~•0~ ~0 ~~~ DEVELOPMENT A~,1fiRTT (AZ 07-012 GARDNER/AHLQUISTCATEWAY SOUTI~ PAGE 11 OF l l • EXHIBIT A Legal Description ~1'lld~i .. a~in e~vosratrcavawr. ss-~ty~ ~~HIBiT.A Annexation Dt;3scr-iptioa R®v~ ~D For Gardner Ahiquist Gateway Deveioptnent Job~No. 0.6320.~4ptiP 1~3, 2007 A portion of the tV~V174 of Section 18,. T3N,. R1E, B.M., Ada Co+iMy, Idaho, as follows: BEGiNNItJG at fourltl Brass Gap monument marking the Pforthwest Comet of said Section 16, as sttornm on Comer Perpetuation Record, Inst. No: 9900'7475 Ada CountyRecords; ~~en~ along the North Linet-f.said Section'1`8;'South 89°20'1.1" €ast, 1018.43 feet, to a point an the East Line of Montvue Park Subdivision, extended north .to staid; Section Ltne, as per ~e plat. thereof, in t3ook 1:7,. at Page 1.107-1101;, Rde C;o, linty Plat RecoMt: also being e,poiat on the West Lane of TouchmarK Living Garner Subdivision .Nti,1, fn Book 89, at Pa~e• 1:031;5-10$18.. Ada County Plat Records,: also extended north ~to said Section Line; •thef~ along file boirtldades~comii~on to ttotii said sutdivisians, South OQ°1~a`43"East,1111;.19 f{~et; fottis southeast comer of t:ot 1,.Biaclt 6~, of said Mcntvut3:t=ark $w6dhrision; which• is ih8 POttYT OF THE BEGINNING; ishen~~along°tiald•co'inrinon.boundary., :Sorith 011'43"East. 217.94 feet, t6 the southeast comer of LoE 2, 8to6k 5, of said MoMvue. Parts Subcfiviaion; thence' along the South Line of said AAoMvue P.t3'rk SubtlivFsion, North 89°28'4:1" West,.1011.72 feet to s point on the Centerline of S. Eagfe~Road., at P.O.C. •statton4t3+78.37,. as stioarn on the plans of Eagle R~cf, FA.P. ProJed No: F-3271 (44j and a 8.729.58 foot radlu's-curve4o the left; thence, along said .curve artd• Centerlin®, sn arc length of 68.68 feQt,. through a central angle of 0°40'l>Q", and having. a chord which bears North 00°02'1'4"West, $8.68 feet to P.T. station SQ+~-3.03; thence continuing along said Centerhrae, now•coinciseirt urit~ the IlVest Line of said Section i8, North 00°22'14" Westi dOB.SS feet-,, to sietiori 54+52.9.9; thetioe, leaving said C.enterl'ine of S:.Eagte Road along the Line •comrriot+ to sold Lots S and 7,. 13tock •5. of Moniirye Park Subdivisipn~ and extending westerly, :Soouth 89°30'07" East; 226:08 feet, tc a found 1l2 inch rebar ~rnetldrtg ~ carnet commonto'Lots`8, 7., 9 and 10 of Block 5. in said MonNue Park. $utadivisign tt-ence along•ttie Line~cornmon to Lots 8 ar~`.10, Block 5, South 139°30'24" East, 179.37 feet, to a ~pcint on the Lirfe common to Lots 9-and 10, in Block 5 of•said Monlvue. Park Subdivision, extended east to xhe Centerline• of W. Morttvue Orive; .PCIAHLQUGri' DEi~EI.aP1MHRIDLON RTs~i[U~fAL.AdFALCArdAh-9ni:t Faet•Mmidfaa143m~vutgth4 /SNNEX te+rD deselt(3H:~o shat 1~6P2 Tt-easnre Valley Fnginceat,lttc. •O~iee: (#Q8)454-030.5 140~18~. Street NO-th F3t:: {20~) 463#~i I Ntmt~a, ldafia 8687 wwtv.'freastms~?anr..>t"":^~.: -...- '(lR~~~l ~,. cra7cna~sraornnuc-~ruvFeau~~c ttieru:e along; said Centerline, South 00°1:2'Y$" Easf,'122:02 feat; thence weaving, said Centerline, South 89°30'08" .EBSt,. 200.23 feet,lo a.,poirif on the Lire •common~to Lots 1 And 2,'Block 4 of said piat~of Montiiue Park Sut>diirison; thence. atloltg said common •lihe~ South 00°12'18" East, 1 &'I'2. feet*F thenc0 Leaving said. c:omrnon Line; .South ~89°30'09" fA.gt, 199.73:feeta, tq a:point onthe Centerline• of ~E. ~Montvue ~DHve, as shown on~said plat of'11~onivue .Park•Sutidiviston thence along said Gerrlerline; South d0a'12`1J" ~Easty 91.9.:58~f thenceleaving said Centerline, along .aline extended from the South Line of said Lot 1, Block 5. South.89°14'00" East, 20~.40feet, tathe POINT OF ¢EGINNING. EXCEPTING Lot 2; Block 5., aril t1'ie East'40~ feet of Lot 3; Block 5: Containing. 318;$52 square feel; or.7:27 acres, more :or less, 'and subject to any easements or rigFifs of way of record: or otherwise existing. . a VA4 REVt BY , MA's . ~ 207 ~ Nn~KS c~g~iC P3.S}~:Q~1ST DEYp~f'1MSRmtAAF R~EGlONA6'MEDIClw~Atrl9vist [kve~oD+~em Me~idienWraw6i~s5Stmro~IDa4trrytid~1063Z0 fi~1NElt ,avD daee.ROFldoe shat 2 of 2 Treasure Yn11ey Eu;ineers, Jne. O.ffi~: ~208~ 4b3~05 1.~ bn':.Streer i51brth ~: (2fl&) 463-439.1 Nang. I'dsho $3~8T wu~v'Ttzas~u~V.e!lc~~irn~ineers.com CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER •,• R:m os ~ ~~~~~-i~i~n ~ { tD11H0 • ~ In the Matter of the Annexation and Zoning of 6.67 acres from R 1 (Ada County) to C-G (general Retail and Service Commereian AND Preliminary Plat approval of S commercial lots in the proposed C-G zone AND construction of a private street, for Gardner-AWquist Gateway South, by Ahlquist Development, LLC Case No(s). AZ-07-010, PP-0?-012 and PS-0'1-OOS For the City Council Hearing Date of: August 14, 2007 (Findings on the August Z$, 2007 City Council agenda} A. Findings of Fact 1. Hearing Facts (see attached Staff 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, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 14, 2007incorporated byreference) 4. Required Findings per the Unified Development Cade (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 upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §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. CITY OF MERIDIAN FIlVDIIJGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO{5). AZ-07-010, PP-07-412, AND PS-07-0OS ... i ~ 4. Due consideration has been given to the comments} received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. Tt 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, Preliminary Plat, and the Conditions of Approval all in the attached StaffReport 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat dated April 13, 2007 is hereby conditionally approved; and, Z. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 14, 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 CITY OF MERIDIAN FIIJDINOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASB NO(S). AZ-07-0i0; PP-0?-012, AND PS-07-005 _... - • • 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. 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 August 14, 2007. CITY OF MERIDIAN FIIVDIlVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-010, PP-07-O12, AND PS-07-0OS By action of the City Council at its regular meeting held on the 2 ~ ~ day of 2007. COUNCIL MEMBER DAVID ZAREIvIBA VOTED__G~~v COUNCIL, MEMBER JOE BOR'I'ON VOTED__~~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED___`~~ COUNCIL MEMBER KEITH BIRD VOTED___G~ 'TIE BREAKER 1VIAYOR TAMMY de WEERD VOTED ''~~ 'r ATTEST': ~~ ~~~ iZ~y ~ WILLIAM G. BERG,IR., Y LERf~,~.yr's~ ', ~~~~~~ ~b'CsFdT`i . '~ •• ''''r~~~~~l~r~ui ~~~n~~t~~~~```` Copy served. upon: Applicant -~~ fanning Department `~ P lilic Works Department ~ry Attorney BY~ Dated: ~~~'Ch ' Clerk's Office CITY Of MERfD1AN FINDRVGS OF FACT,. CONCLUSIONS OF LAW AND DECISION 8 ORDER CASE NO(S). AZ-07-010. PP-07-012, AND PS-07-005 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF AUGUST 14, 2007 STAFF REPORT Hearing Date: 8/1/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner 8845533 SUBJECT: Gardner-Ahlquist Gateway South • AZ-07-010 i eery r~ _ . ~ C..%'.Lerr~i~rt `~~ ~uwo Annexation and Zoning of 6.6'I acres from R 1 (Ada County) to C-G {General Retail and Service Commercial), by Ahiquist Development, LLC • PP-07-012 Preliminary plat approval of 5 commercial lots on 6.67 acres in the proposed C-G zone • PS-07-OOS Application for 1 private stmt within the proposed Gardner-Ahlquist Gateway South development 1. SiT1VIlt4ARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Ahlquist Development, LLC, has applied for Annexation and Zoning of 6.67 acres from Rl (Ada County) to C-G (General Retail and Service Commercial) and Preliminary Plat approval of S commercial lots and 1 private street lot in the proposed C-G zone. The Applicant intends to develop a large office and retail center on this site that would include several office buildings and some smaUer- scale commercial structures. The subject property is located near the southeast corner of Franklin Road and Eagle Road ! SH 55 in Section 16, Township 3 North, Range 1 East. This site is composed of multiple lots within the existing Montvue Park Subdivision (Ada County). The site contains various existing homes and associated outbuildings that will be removed /relocated at the time of development. This property is located within the City of Meridian's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOIYIlVIENDATION Generally, the Planning Director is the final decision maker on Private Street applications. However, becaase the City Council is the final decision malting body on the Annexation and Preliminary Plat applications, all of the subject applications are -being combined into one staff report. The Commission must make a formal recommendation to the Council on the Annexation and Zoning and Preliralnary Plat applicatiope, as those are pnbli~ hearing iRems. The Commission shoald also review and make recommendations regarding the private street application, it' necessary, as that application is key to the currem layout of the proposed developmenk The subject applications (AZ-07-010, PP-O7-012, 8c PS-07-~S~ were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Private Street applications. Staff is recommending approval of the proposed Gardner Ahlquist Gateway South Subdivision subject to the oondido~ LLsted in Exhibit B of the Staff Report. Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-005 PAGE 1 • CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 The Meridian. Planning g Commission heard this .item on July S. 2007. At the vablic hearing. the Cogtrofssion voted to reco~uend approval. a. Summary of Commission Public Hea ng: i. In favor. Pamela Hall (Applicant's Representative) & Bryan Foote (Aunlic~nt's Engineer) ii. fin. sitio~• .None iii. Commentin None iv. Written testimony: None v. Staff presentingat~nlication: Amanda Hess vt. Other Staff commenting on application: None b. Kev Isaacs of Discussion by Commission: i. That th4 Council had approved a rit in /right-out /left-in with Gardner-Ahlguist Subdivision (Phase Il. on Franklin. Road not in keeping with the Commission's recommendation. for a ri -in / ng~-out only. ii. That The Applicant will be submitting for a development a~eement modification to ulti,~tely comb~,ne the seRarate develQgmeni~,a t provisions for Gardner Alilquist Gateway and Gardner-Ahlquist Gateway South into one DA document; iii. The existing and proposed landsr~~ing alon,~3t. Luke's. Street: and iv That Staff did obtain from the Applicant, a recorded agreement which allows the Gardner- Ahl~t properties access to and thrapdh the private property .located at the southeast corner ofshe Montvue Park Subdivision ()r.ot 2. Block Sl. c. Kev Comntassion Change to Staff Recommendation: i. N„ one d. Ontstandine Issue[sl for Cttv Connd~; i. None The Meridian City (~''o nciu l~heard here item~en A w_ost 14.2007. At the nabtic hea 'nom the Conncil sgeroved_the subiect A7 PP and P re nest. Cn mgr v of itv eun it Pnb ic Aearin ~ _ _ . i. vor: To m Ahl9LSt etty Owned ii. onn sitia ~•. None iii. C ~mnn __ 'n g~ .one iv. Written testi mony None v. S taff AL _atirotication- Anus Canning O vi ther staff c omet Q on atro 'cati ~ Nane . 1 Kev issn es of AigcA ~asinn by Cenn~ill L _ alo Eagle Rd_ .e, Iiev ~onncd Changes to StaffLCommission Recommendation i. 3. PROPOSED MOTIONS Approval Ater considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-07- O10 and PP-07-012 (PS-07-0OS optional), as presented in the staff report for the hearing date of August 14, 2007, with the following modifications: (add any proposed modifications) Deaial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-07-010 and PP-07-012 (PS-07-005 optional), as presented during the hearing on August 14, 2009, for the following reasons: (state specific reasons for denial of the annexation and / or preliminary plat Gardner-Ahlquist Gateway South - AZ-07-O~IQ PP•07-012, & PS-07-005 PAGE 2 CITY OF MERIDIAN P1.ANNMG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 request) Contiinttance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ-07- O10 and PP-07-012 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 /Location: Soutb I southeast of the Franklin Road and Eagle Road intersection Section 16, T3N, R1E b. Owner /Applicant: Ahlquist Development, LLC 13901 N. Wainwright, Suite B Boise,lD 83713 c. Representative: Pamela HaU, Timberline Surveying, PLLC d. Present Zoning: Rl (Ada County) e. Present Comprehensive Plan Designation: Commercial f. Applicant's Statement /Justification: "The applicant is proposing a mixed use development targeting high-end users. The proposed uses include shopping, restaurant services, genera! office, and medical office." 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: June 18, 2007, and July 2, 2007 (Planning & Zoning Commission) July 23.2007, and August 6, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: June 12, 2007 (Planning & Zoning Commission) Ju1~20 002 7 (Ci ouncil) e. Applicant posted notice on site by: June 23, 2007 (Planning 8c Zoning Commission) August 4. Z00? (Gifu Council) 6. LAND USE a. Existing Land Use(s): Single family rural residential Gardner Ahlquist G$teway South - AZ-07-010, PP-07-012, & PS-U7-o05 PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF R>rPORT FOR THE HEARING DATE OF AUGUST 14.2007 b. Description of Character of Surrounding Area: This site is surrounded by various uses and zoning designations. Of note, are the St. Luke's Regional Medical Center to the south. and the RC Willey complex to the north. This area is rapidly transitioning into one of the city's largest and most visible business and retail areas. c. Adjacent Land Use and Zoning 1. North: Gardner Ahlquist Gateway, Phase I, zoned C-G 2. East: Touchmark Living Center, zoned L-0 3. South: St. Luke's Regional Medical Center, zoned L-O 4. West: Eagle Road, offices and homes, zoned L-O and R2 (Ada County) d. History of Previous Actions: In March of 2007, the Planning & Zoning Commission heard a request for anmexation for 22.3 acres and preliminary plat for 11 commercial lots for the Gardner-Ahlquist Gateway Subdivision. This property is located just north of the subject site. Originally, the applications included both the 22.3-acre and the 6.7-acre portion (the subject application) as one development. For various reasons, the Applicant chose to divide the annexation area into two parts. The subject application will complete the Gardner-Ahlquist Gateway development. The Gardner-Ahlquist Gateway Subdivision was granted approval subject to a development agreement. Several items included in said agreement included the allowed number and square footages of buildings and uses for the entire site (both phases). As there are two separate phases of development, two separate development agreements would normally be required; one exclusive to the first phase, Gardner-Ahtquist Gateway Subdivision, with annwcation and platting of that site; and one for this phase, Gardner-Ahlquist Gateway South The Commission should note that the Applicant is in the process of submitting a development agreement modification application to "clean up" the DA for the Gardner-Ahlquist Gateway Subdivision to outline the uses !square-footages exclusive to that phase, and also to incorporate any development agreement requirements included with the Gardner-Alalquist Gateway South approval, the subject application. Condensing both development agreements into one will benefit the City and Planning Staff as this will be easier to for Staff to regulate the allowed uses for the entire property by having only one document to refer to. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is proposing sewer from mains in Franklin Road. Location of water. There are currently water mains in Franklin and E. Louise Drive. Issues or concerns: Nome. 2. Vegetation: There are some existing trees on the site that should be protected or mitigated for. 3. Floodplain: N/A 4. Canals !Ditches /Irrigation: The Snyder Lateral courses through the subject site in an east/west direction. 5. Hazards: N/A 6. Proposed Zoning: C-G Gardner-Ahlquist Gateway South - AZ-07.010, PP-07-012, & PS-07-005 PACrE 4 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIJG DATE OF AUGUST 14, 2007 7. Size of Property: 6.67 acres f. Landscaping: 1. Width of street buffer(s): Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent to said roadway. The landscape plan (Sheet Ll) proposes a 35-foot wide buffer along Eagle Road. Landscape buffers along streets should be either placed in a separate common lot or a landscape easement outside of the ultimate right of way line. 2. Percentage of site as open space: The UDC does not require open space or site amenities for commercial developments. 3. Other landscaping standards: Landscaping within the proposed parking lot areas should be conshucted in compliance with UDC 11 3B-8. g. Proposed and Required Non-Residential Parking: One off-street parking space is required for every 500 square feet of gross floor area. Also, one Type A and one Type B parking space required for the loading areas (per UDC 11-3C-8). No buildings are proposed with the subject application. Staff will monitor the square footage of each building as it is submitted for CZC approval to ensure that adequate parking is provided. h. Sununary of Proposed Streets and/or Access: With the approval for the 22.3-acre Gardner- Ahlquist Gateway Subdivision, the Applicant was approved for aright-in /right-0ut access to Eagle Road and a right in/right~uUleft-in access to Franklin Road. Primary access to this development will be through the Gardner-Ahlquist Gateway Subdivision via said accesses. Alternate access will also be available to the subject property via a private driveway at the south property line which connects to an existing strcet, St. Luke's Street. These access points and other access issues are further discussed in Section 10 of this report. ACED is snpportlve of the proposal as long as all Site Specific and General Requirements are met (See Exhibit B-5). 7. CONaVIENTS MEETING On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial." The Comprehensive Plan defines the Commercial district as providing "a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The Applicant is requesting to rezone this property to C-G, which is consistent with the comprehensive plan designation for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Chapter VII, Goal lII, 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 proposed Gardner-Ahlquist Gateway South - AZ-07-01'0, PP-07-012, & PS-O?-0o5 PAGE 5 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF AUGUST 14, 2007 to be annexed in the following manner.• - The subject lands currently lie within the jurisdiction ~oj the Meridian Rural Fire Department. Department, who currently shares resource and personnel with the Meridian Rural Fire Depardnent. - The subject lands currently lie within the jurisdiction of the Ada County Sheri,~"s Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACKD) and the Idaho Department of Transportation (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District #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 su„(jer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. Sta,~jlnds that the site is designated "Commercial " on the Comprehensive Plan Future Land Use Map. Staff' believes that over time, a variety of ojjFce and commercial oppor7tmities will be provided on this site. • Chapter VII, Goal I, Objective D - Encourage appropriate land uses along transportarion corridors Sta,~'`believes that the proposed development is appropriate along the adjoining transportation corridor (Eagle Road / SH SS and Franklin Road). This development project will be highly visible and help to de, fine the entrance to the city. Access the SHSS is discussed in greater detail below • Chapter VII, Goal III, Objective A, Action 1-Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors >l~th the approval for the 22.3-acre Gardner-Ahlquist Gateway Subdivision, the Applicant was approved for a right in /right-out access to Eagle Road and aright-in/right-out/left-in access to Franklin Road. Staff believes that as long as no new driveways to Eagle Road are proposed; access to this site conforms to the UDC and staff believes the potential for traffic problems onto the aforementioned roads is minimized. • Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) By Ordinance, a minimum 3S foot wide landscape buffer along all entryway corridors is required. The Applicant is proposing to construct 3S foot wide street buffers along the adjacent arterial streets (Eagle Road and Franklin Road). 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table I 1-2B-Z lists the permitted, accessary, and conditional uses in the C-G caning district. Retail stores, offices uses, and service-based industries are either principally or conditionally permitted uses within the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service tteeds of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. GarcMer-Ahlquist Gateway South - AZ-07.010, PP-07.01 Z, & PS-07-005 PAGE 6 CJ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 10. ANALYSES a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING The annexation legal description submitted with the application (prepared on April 13, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Concept Plan: The Applicant submitted a conceptual site plan which depicts the entire Gazdner- Ahlquist Gateway development. The concept plan proposes between 492,000 - 674,000 square feet of combined office and retail space for the site. Approximately 327,000 ~ 466,000 square feet of said space to be located on the Phase I property, and 165,000 - ZO8,000 square feet on Gardner-Ahlquist Gateway South, or Phase II. The majority of the property will be geared towazds office uses. Staff is supportive of the focus on office space over retail at this location. The proximity to St. Luke's Regional Medical Center makes this an ideal area for medical office buildings and other professional users. Staff is also supportive of the retail element of the proposal which will help to support the high daytime population that will be present with the amount of office space proposed. Also includal in the concept plan is a redesigned public street network in on the subject property which was approved with the Gardner-Ahlquist Gateway Subdivision (Phase 1). This proposed street network eliminates much of the existing loop mad, Montvue Drive, and creates a more direct east-west and north-south circulation pattern through the site. Further discussion of these access issues can be found in the Preliminary Plat analysis section below. Design: This site is located in a very visible section of the City and has the potential to become one of the City's most recognizable features. The importance of this location makes quality design essential. Elevations specific to this 6.67-sere "phase," Gardner-Ahlquist Gateway South, were not submitted with the subject application. However, the Applicant submitted conceptual elevations for both office and retail uses within the 22.3-acre Gardner-Ahlquist Gateway Subdivision. Staff reviewed these conceptual elevations and believed they are high quality buildings. The Council also reviewed and subsequently approved these elevations for that Subdivision. Therefore, Staff recommends that all buildings constructed oh the Gardner- .4hlquist Gateway South Subdivision also be tied m the elevations approved for the Gardner- Ah/quist Gatteway Subdivision. To ensure a minimum design standard, and as required fvr development along entryway eonidors, all buildings within the Gardner Ahlquist Gateway Subdivision (Phase n were deemed subject to administrative design review, as defined in UDC 11-3A-19. Staff believes said requirement should also be extended to Gardner-Ahlquist Gateway South, and has made this requirement a stipulation of the associated development agreement. Staff also believes a minimum of 3 buildings, as depicted on the submitted site plan, should be required on this 6.67- acre site to ensure that a variety office and retail space is provided. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) pe[mit is to ensure that all conshuction, alterations and / or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is stazted and / or the use is established (LIDC 11-SB-lA). To ensure that all of the provisions in the Development Agreement (see below) are complied with, Staff will require that the Applicant obtain CZC approval from the Planning Department prior to site developmem, where all site and landscaping improvements must be installed prior to ocxilpancy. Gardner-Ahiquist Gateway South - AZ-07-010, PP-07-012, & PS-07-005 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 Development Agreement: UDC 11-SB-3D2 provides the City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Dae to the proposed uses and the visibility of this site, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. 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 pact of annexing this property. Prior to annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezoning ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 'The DA shall include, at minimum, the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses oa this property: Permitted and Accessory uses within the C-G zone. All Conditionally Permitted uses is said zone shall be subject to CUP approval. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department for all new construction oa the subject property. • The site shall develop generally consistent with the submitted concept plan and shall include between 165,000 - 208,000 square feet of combined office and retail space (between 492,000 - 674,000 square feet total, including the north phase). A minimum of 3 buildings shall be required on this site (11 total, including the north phase). No single building within the Gardner-Ahiquist Gateway South Subdivision shall exceed 100,000 square feet. • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with the Gardner-Ahlquist Gateway Subdivision. All buildings shall also be subject to the City's Administrative Design Review. • Any buildings located adjacent to Eagle Road shall have architectural elements and enhancements consistent with the submitted elevations on all facades drat face Eagle Road. • Locate a minimum of two buildings (5 buildings total, including the north phase) abutting the landscape buffer along Eagle Road. • No direct access to Gardner-Ahlquist Gateway South shall be allowed from Eagle Road / SH 55. • The Applicant shall obtain a recorded agreement which aIIows the Gardner- Ahlgnist progenies access to and through the private property located at the southeast corner of the Montvae Park Subdivision (Lot 2, Block S). Said document mast also reciprocate access to said property to and through the Gardner-Ablgaist Gateway Subdivisions. • A continuous 33-foot wide landscape buffer shall be constructed adjacent to Eagle Road. • The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway Gardner Ahlquiet Gateway South - A7r07-OIO, PP-07-012, & PS-07-005 PAGE 8 r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF AUGUST l4, 2007 (with a public use easement) and the installation of street lights and landscaping along Eagle Road / 5H SS that is consistent with the Eagle Road Corridor Study. • Prior to the issuance of any building permit, the subject property shall be subdivided, as proposed on the submitted Preliminary Plat. ' ~ The Applicant shall complete all required site improvements prior to obtaining Certificates of Occupancy for the proposed development. PRELIlVIINARY PLAT Staff believes that the proposed preliminary Plat, prepared by Treasure Valley Engineers and dated April 13, 2007, will substantially comply with the Unified Development Code if all Conditions of Approval aze cornpTied with, as listed in Exhibit B. Access: As mentioned above, no new aces points are proposed to this phase to /from Eagle Road. The primary entrances into this site will be from the north, via streets and drive aisles constructed with Gardner-Ahlquist Gateway Subdivision (Phase 1). AC1'•ID Staff is generally supportive of these accesses, as proposed. The Applicant is also proposing to tie into an existing driveway access via a private street which is to be located at the southeast corner of the property. The driveway access, located on private property (I.ot 2, Block 5, Montvue Pazk Subdivision) and not considered a street, connects with the existing St. Luke's Stns for the St. Luke's Regional Medical Center. St. Luke's Street is a private street, owned and maintained by the hospital; as such, St. Luke's controls access to this street. Thus, the Applicant must receive an aces ingress /egress easement from the hospital to utilize St. Luke's Street. A document, in fact, has been recorded which allows the Montvue Park properties to utilize St. Luke's Street. However, the Applicant mast also be provided unrestricted access over the private property located at the southeast corner of the Mor-tvue Park Subdivision (I.ot 2, Bloclc 5~ in order to gain access to St. Luke's Street. Therefore, as Staff is unaware of a recorded document with allows such, an ingress /egress easement must be obtained by the Gardner-Ahlquist Gateway development and, subsequently, recorded with the County Recorder. Said document must also reciprocate access to said private property to and through the Gardner-Ahlquist Gateway developments. Prior to signature of the final plat, the Applicant should also provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private street located on Gardner-Ahlquist Gateway South (UDC 11-3F-384). The private street lot shall be depicted on the face of the final plat (LJDC 11-3F-3B3). Design and construction of the private street shall comply with UDC 11-3F4. The Applicant should also note that gates are prohibited on private streets (iJDC 11-3F-4A4). No on-street parking should be allowed on the proposed private street. The private street should be signed as "No Parking" as per the Meridian Fire Department's comments. Please see Exhibit D for the required findings for a private street. Pabflc Street Realignment /Vacation: As part of the approval for the 2Z.3-acre Gazdner- Ahlquist Gateway Subdivision, the Applicant was required to vacate the existing Montvue Park Subdivision public street system and create the street system that was proposed an the preliminary plat for with the Gardner-Ahlquist Gateway Subdivision. The Applicant completed the vacation process with the City in April of this yeaz. ACRD is supportive of the proposal as long as all Site Specific and General Requirements are met. (See Exhibit B-~ Landscaping: Staff is supportive of the proposed landscape plan prepared by Edwards Landscape Architecture, labeled Sheet Ll, dated 5/16/2007, as submitted Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-0OS PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 Ditches, Laterals, and Canals: The Snyder Lateral traverses through this property. Per UDC 11-3A 6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LJDC 11-3A-15). 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. Fencing: The Applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon Application of the final plat (IJDC 11-3A-'n. If permanent fencing is not to be provided, temporary fencing to contain constntction debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. See Exhibit B below. Refuse /Service Areas: The submitted landscape plan and preliminary plat do not depict where the refuse /service areas will be. UDC 11-3A-12 requires the visual and acoustic impacts of these functions aze fully contained and out of view from adjacent properties and public streets. All future CZC applications should clearly demonstrate how this standard is met. b. Staff Recommendation: Based on the above analysis, Staff finds the Preliminary Plat application generally conforms to the Comprehensive Plan policies and UDC standards. Staff recommends approval of ADO?-010 and PP 07-012 (PS-07-005 optional) subject to the Conditions listed in Exhibit B and the Development Agreement as outlined in Section 10 of the staff report. The ~11eridi~n Y~lvwnino And 7nninv ['nmmi~.aien heard this item on July 5 2007 At the DIIbliC hearing the Commission voted to recommend aDDroval. The Meridian City Council heard the a items on Au~IISt 14 200T A the onblic hearin the Con '1 annrovetLthe_anbiestA_7;,PP and PS request. I ll. EXHIBITS A. Drawings 1, Preliminary Plat (dated April 13, 200'n 2. Landscape Plan (dated May 16, 2007 3. Conceptual Site Plan 4. Conceptual Office Elevation (from Gardner-Ahlquist Gateway Subdivision) 5. Conceptual Retail Elevation (from Gardner-Ablquist Gateway Subdivision) B. Agency Comments and Conditions 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Sanitary Services Company 7. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Gardner-Ahlquist Gateway South - AZ-07-010, PP-07-012, & PS-07-005 PAGE 10 G ~pTB OF ppQUS"t ~~= 2001 ~ORTpOR,~~EAR~ ,~,~ gTA~ IANp~pll=tGDFyAR . ;TIY O~ MBRI~ ~pcaw~~ plat tasted 41131200 .~~' . as s ~ ~,.~ ~. ,~~ ~~ E~bic A i g ~ ~ ~~ ~~ : ~: ~~~ ~~-® - CITY OF MERIDIAN PLANNII`1G DEPARTMENT 5T`~ REPORT FOR TF~ HEAtuNa DATE ~~ AUGUST 14, 2007 2. Landscape Plan (dated 5/16/2007) c ~~ ~~ '1 ~, L I ~= . s ~~ i. ~ ~ J ~. I: L -~ r ~~,} b i q a ..~_.~ ~ ., _ ~___J ' g~~ 1. ~ il~f; ~,:s 1,I ~~ ~:. ~__ ~ . Exhibit A • ~~ G DATE OF At3GUST 14. Ofl9 PORT FO'1Z~ PI.A~~G`,O~~~lE1sT STAFF tic OF ~ __~ ~Sit~Plaa ~, Road Pu°" .~ Cone drank ~' '°' r--- ~~-_~„_. ~~. .t- k° n°~qgo 3 ' s 1 d~ 1 ~ . aso:.P~ .... . ~A~~ r' r ~~ ~~r~+ .++~~ 4 B oe A ° >. ai . ~.o~~gP" ,._ L~~ ~~'~~ _ ° ~~a~ ` - ~.~ ;8~ r $ a~ 0.: e, Cq ~it~ ' d m d eg~0 sew' d~u•$~oe ~e: °+~ ~ •m~ o ° .. o L 8. ~y~' A;. p •S1 ~~~~ ,••."~°~e~bs6 °9 j~ ~~~ Drive (pr1 Sk ~ e0 q~: n A. -~ ~bic A ` 8 ®::ye~ti A`A~ 1 f1 ~ a. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 4. Conceptual Office Elevations ,w ~® m.ffi . dom. a `~i! ®`~ ~~aa~ ~~~® , m . ~~ ® m ~ ~ _. m m a e~ amp m ~ . mo a~• e o e®e e ~~~d. Exhibit A ~ ~ ~ °g ~ ' ' i E~ !~ ~ ~~ ~ ~ ~'' 1 I ~ i ~ ~ ~ ' I iE ~~ F~ ; ~ ' ! u ' ~ li , ~ ~ ~ ; ~ ~ t • ~I1'Y OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 5. Conceptual Retail Elevation w.. . . h i 111 , ~ ~ ~~ ~ f . $• % ~ ~ ~ ~~ 1 ' ~ ~ ~ ~ . e .. ~ I v'yz o-.. ~. .•a~ ~ fi ~~~~~~ ' ~~ ~ y p..v '~ y w ~ ;r ~ .W •v ^'y~.. • • CITY OF MERIDIAN P1,ANNMG DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF AUGUST 14, 2007 B. Agency Comments and Conditions 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1..1.1 The annexation legal description submitted with the application (prepared on April 13, 2007, by Robert G. Hinckley, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to atmexation ordinance approval, the Applicant shall enter iato a Development Agreement with the City. See Section 10 above for analysis and provisions that shall be included in the development agreement for this site. 1.2 SITE SPECIFIC REQUIREMENTS -PRELIMINARY PLAT 1.2.1 All comments and provisions of the accompanying Annexation and Zoning application (AZ-07- O10) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-012). 1.2.2 The landscape plan prepared by Edwards Landscape Architechue, labeled Sheet Ll, dated 5/16/2007, is approved with the following conditions: • Construct a 35-foot wide street buffer along the entire frontage of Franklin and Eagle Roads. All required landscape buffers shall be exclusive of the ultimate public right-of- way, exclusive of impervious surfaces, and conform to the design and construction requirements of UDC 11-3B-7. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified museryman, responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning aad Zoning Department. No field changes to the landscape plan are permitted. All standards of installation shall apply as listed in UDC 11-3B-14. 1.2.3 Graphically depict on the face of the final plat a 35-foot wide landscape buffer along Eagle Road. Said buffer shall either be an easement or within a separate common lot. 1.2.4 Direct lot access to Eagle Road / SH 55 is prohibited. 1.2.5 Prior to signature of the final plat by the City Engineer, the Applicant shall vacate all utility and / or drainage easements that do not coincide with the proposed prelimiuaary plat. 1.2.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated, prior m signature of the final plat by the City Engineer. 1.2.7 Per UDC 11-3A-6 all irrigition ditches, laterals or canals, exclusive of natural waterways, aad waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate iaigition/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. hf lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.8 Prior to the issuance of a building permit, the subject property shall be subdivided, as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 1.3 GENERAL REQUIREMENTS -- PRELIMINARY PLAT 1.3.1 S'idewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A 17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should he 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 alI landscape areas per the approved specifications and in accordance with UDC 11-3A 15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. 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. 1.3.5 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If pencnanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 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. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC I 1-6B-7. 2. PUBLIC Wol~cs DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road. The Applicant shall install mains to and through this subdivision; Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. in;~;,., cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Franklin Road and E. Louise Drive. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due to the possible fire flow requirements, mains shall be capsized to a minimum of 10-inch from the connection in Franklin to the connection in Louise Drive, with an capsized stub to one of the stubs to the south that would eventually connect to the 12-inch main to the south of this subdivision in St. Luke's Street. 2.4 This property is on a pressure zone boundary, therefore a Pressure Reducing Valve/Vault shall be Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 installed at the Applicant's expense in a location to be coordinated with the Public Works Department. 2.5 With the final plat submittal, the construction pleas shall show to every lot either a service installed or main fronting it. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 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). 2.8 A pressurized irrigation system using existing surface water shall be required per City Code. 2.9 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. ff 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. 2.10 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 requured. 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. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow nay large landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requiremens. 2.1.3 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. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie witlria the area being developed shall be tiled. Plans will need to be approved by the appropriate itrigation/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. 2.15 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. 2.16 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, mieropaths, and landscaping may be bonded for prior to obtaining Certificates of Occupancy. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF AUGUST 14, 2007 2.17 Applicant shall be required to pay Public Works development plea review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Pernjitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 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. 2.22 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. 2.23 The Engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One- hundred watt, lrigh-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two hundred and 5Ry watt high pressure sodium streexlights, 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 are at street'intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are 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. 3. lF>!tE 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 fre hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 h" 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. b. 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' is length with no outlet. 3.4 All entrance and iaternai roads shall have a fuming radius of 28' inside and 48' outside radius. 3.5 For all Fire Lanes provide signage, "No Parking Fire Lane." Exhibit B • CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required before combustible constriction is brought on site. 3:8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 The office/commercial lots lot will have an uiilcuown 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 8t Emergency Services Consulting Group our requests for service are projected tv reach 2800 in the year 2005 and 3800 by the year 2010. 3.10 The Applicant shall work with Planning Department Staff to provide an address identiScation plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.11 The Fire Department has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 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. 3.15 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, es measured by an approved route around the exterior of the facility or building, on-site fire hydrars 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). 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). 3.16 There shall be a fire hydrant within 100 feet of all fire deparpaient connections. 3.17 Buildings over 30' in height are required to have access roads is accordance with the International Fire Code Appendix D, Section D.105. 3.18 Emergency response routes sad fire lanes shall not be allowed to have speed bumps. 3.19 Buildings or facilities exceeding 30 feet (9144mm) or thr~ stories in height shall have at least three means of fire apparatus access four each structure. Two of the access wads 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. Exhibit $ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST l4, 2007 3.80 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. Excepdon: Projects having a gross building area of up to 124,000 square feet {11520 rn~ that have a single approved fire apparatus access mad when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 3.21 The project is audcipated to have mold-story baildhrgs and, therefore, wr~l r~aire aerial access per the specifications of the IFC, Section D.103. 4. (POLICE DEPARTMENT . 4.1 The proposed development shall limit landscaping shrubs and bushes to species treat do not exceed two feet in height. Trees shall have a canopy of no less than six feet. S. ADA COUNTY HIGHWAY DISTRICT S.1 SITE SPECIFIC CONDITIONS OF APPROVAL 5.1..1 Comply with requirements of TTD and City of Meridian for the Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 5.1.2 Dedicate 60 feet ofright-of--way from the centerline Franklin Road abutting the site. 5.1.3 Construct the internal streets as a 40-foot street section with two 20-foot travel lanes, vertical curb, gutter, and 5-foot concrete sidewalks within 54 feet ofright-of--way, as proposed. 5.1.4 Construct one temporary t~unaround oa Lot 2, as proposed. 5.1.5 Submit a vacation application for the existing right-of--way on N. Montvue Drive to be vacated or exchanged. If the vacation /exchange is not approved by the District through the separate process, the Applicant will be required to improve the existing roadways to current public street standards 5.1.6 Construct one roadway (E. Louise Drive) to intersect Eagle Road located approximately 200 feet north of the south property line (measured property line to centerline). 5.1.7 Construct one roadway to intersect Franklin Road located approximately 360 feet west of the east property line (measured property line to centerline). Design and install a median to construct on Franklin Road that will restrict this roadway to left-in /right-in /right-out only. 5.1.8 Other than the access specifically approved with this application, direct lot access is prohibited to Eagle Road and Franklin Road, and shall be noted on the final plat. 5..1.9 Comply with all Standard Conditions of Approval. 5.2 STANDARD CONDITIONS OF APPROVAL 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 5.2.2 Private sewer or water systems are prohibited from being located within airy ACI:ID roadway or right-of-way. 5.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4 Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387280 (with Exhibit B CITY OF MERIDIAN PI.ANNIIVG DEPARTMENT STAFF REPORT FOR THE HEARRVG DATE OF AUGUST 14, 2007 file number) for details. 5.2.5 Cody with the District's Tree Platrter Width Interim Policy. 5.2.6 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 3$7-6258 (with file numbers) for details. S.Z.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPVVC Standards and approved supplements, Construction Services procedures, and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8 The Applicarrt shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9 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. 5.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 5.2.11 It is the responsibility of the Applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACRD 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 brealang ground within ACHI) right-of--way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the terms and conditions of this approval shall be valid unless they are is 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. 5.2.13 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 propertyunless awaiver /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. 6. SANITARY SERVICES DEPARTMENT 6.1 Pmvide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7 CENTRAL DISTRICT $EALTN DEPARTMENT 7.1 ASer written approval from appropriate entities is submitted, we can approve this proposal for: central sewage and water. 7.2 The following plans must be submitted to and approved by the Idaho Department of Environmental Quality: central sewage and water. 7.3 Run-off is not to create a mosquito breeding problem. Euhibit B • CITx QF N~ttIDIAN pLANNiNO DEPARTMENT STAFF R$pORT FOR THE HEARING DATE OF AUGUST ]4.24D7 C. Legal Description _. Y o,~,~.raws EXHIBIT A Anra~tJotr•O~escripttQn Rt~r. D Fir GaaAhtqu~ ~- Rsvetapmet~t ,i~b No..•08320Apti! t3. ~~• A t ~ ~ t'.Y t~ ~ t1 18~ "~ war Rt~.,' B:Mn /W~ rw~Ni~ . ~ ~tt~8: •L 8S~8t1V~YNG a! fot~rpf Gap rr'>uaar~t.testkin8 tt19 NoNtllwest Comerot e+a~l~ iii 1~;• ssat~m ati Coi~t P ~~ }}aMn/,Rsoad. to Q~. ~N~o.:yt~0~oy74/~75, lids t~ountyRQeo'o_rd~yy ttt ~ t fJlIO~ ~~ tiPf.YYI~ 1,t3, S4lkttl Y~ W ~ 14 ~ ~Q~~~ii t~, W.B,~t~ 1110 i~ Una, pt MonHntet~'artt 8~1, e~d~d RO.Ni ;to ~d L~e..ea a~''t?s:'Pf~' 1F~rao~, irrt3ook 1~, at tie t1071i08, Aaa:caunt~Pt~.Rmix~6s bdi'1g.aEohitmtt~ vtr~ Ltrsa.oGToud+rha~lc t.F~Mg Cen6er ~ ta. t, kt t3oatc sta. at ~m~tosa3~t9~is. • Ads Counlir PMt.Recotds. silo e~ttded noAh•td sad s thertc~•a~ ttts~tl'ea~oa~tnorr b ~ South t7D."tr43'` 111 a 18 .~1,te01Mb ~ ~°•t ~et1.~:8t0edc.6; at said Mo~Ahte PBtk ~ttidii, arf+id-.ts:tka' itantoe along eeld ra~rtir~ b0ueld8ly,, BOStiI 00°11'49" tfiet, 217.ta{ leaf. t0,tlY9 sQudtee8l•. corner o! 1~ 2, ~dt B: ofsatd IAonlvut- PBiJi ~: fhe-+.c+a a1p~ the Soudt t.,tne:of ~b 11AonlWe t~aAt Subd{V~On, f110ftl1 t41' Week 1C11.~ t~•111 a.pdM ar t~ C~ffiilihe of•S, tagt0 Road, at P:Q C, at~t 48~?8.37; a1s•sttowrt ortfh~ p>ena~E~leRoad. FA.P ProJeal.Na F~327i (44)srida•67t:B.6gt'ool•r~Bd'it~ruritetat110{~• fhasoe. 'saNd end . an ato tea~h~ct 66 68 fit, ~tr0~t! ~i aes~.angfa of• G'ai0'00", ~uf•tt i ot~or~d+ t Kou4b OD°02'14~/e~,.8~s8 tOSYto P.7: afetiop lit3+Y49:09; ta+Orro$ alar~g ~ Ca+~ nowte~rrd wilh its 1Afas1 t~se,otsetd Secbton t$, HarBrOp'3it'•'14'•' Wee1.409.866met,.to .S~Ng?.88; ttienoE- leO-dnA. astd:Ctlne aI 8~.>:e~lo iibad ~ ttae Lie A ~ saki t.~ 8 end•'1, ~ S.of tlAoidMue t?arit ~+DdlvtsiaM: end exOendNtg w®s~Y, SoaAh ~gD'07" Ees1.~8.08: +eet, to a t~ 1/2•h+aFr i~ ieiaddr~g ehe~oonsar i~mrrron ~ t~ 6, 7, ~'ertd 10'ofti:8 In ~Pa~s~ • tltsrto~ib~,~e t~e•cartenon to Lo#19 and 10. ~Blode 5, ,South ~°~Q~4" met, t 7~,31'~tast, to. •a.P. otnl A~+•:t1'+a.Ldte~ammot- to Lats•8 ~! 10, ~ 81oak 6 of.9~d Park~Subdiuislond e B~ ~ ~ O~w..t1~VNe'ti • . ip'~ ~~~11 si N~q~p44d$.p l7 wpw.~loa~eal/db.iFiNa....~. r:. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14, 2007 ~~++~~ .. ~ I, cri~c.uros>~cisAUto "them ~9 isald ~erroerWner, Sb1Ah 114°'12'19" Eest,122.OQ teak <henoeleevirt0,wid Cerd~tr~:•l6oRth89"3d"09' ZOt1,29 tt! a pRUt'on tfie~t.lk't®• roimnt~t b Lots 7 end•2, ~k4 oftraid pf tt~orrNue Perk therlar;atar~p mid i3an~oan• Una. South OtY1~'i~ East,1S.12 tip. :thence teieving•ssld taertanon LJhe~, South 89°30't~" x,188 79.teet~: ~•a Rakit. on the oft~: Montvuefltiv~ ~ ahaeni bn said pla~t•of Monitare'Park•Subdhj~to~ therro®ekuS edict CemOedir~e~. Booth t~"t2'19" E~St, 1.19 b8 t~ theme AIRvIt~ ltd .tenEe~rie. eibrp A ate e~etended from the South Lbx~ ofd Lit •t, Brock $. South 88°14~0"•Eeat. •x.40 tt~ to the MINT OF Bt:OMINING.. • BXC.EPf1N® Lea; Btoc~c 5,.and•tf~ F~aat4p Hof lot•$; ~odc•6~ •CW1tajrtt~rg 31a.8~2 . feet, Ot 7.27 e~~ rnvre orb, end b ~,y easemereedr• at'vray of reoond.oi e~tliemdse e~dsting. • ~4~~ tr1NO~ . . ~' 1 ~~ .. ~t-1 .~~. •.i~l~ c serD,osleeta.~'7 .. T~aeees !YaWy seep loe. t~ 6'A. Shoe!"t+Ra~- N~ t~ntt9887 ott~e~E2os~:.ac# :was Fax: (~ a6]~39a va~+w bees~aeVdlleyEa~eris~m Exhibit C CITY OF MERIDIAN PLANNING DEPARTMfiNT STAFF REPORT FOR THE HEARING DATE OF AUGUST 14.2007 ~JCHl~lT 8 .. _. t7 I to ~ ~ _ ~ . ~ ~~'11'E z7tuzs'- 01~~8 - '~--'---- ,. ~ • ~ :per ~ ~ , ~! i i I ~~ Vii, ~ca~r `~.~~ ,I . ~ 1 ~ ~ ~ 13 '~~~' +~ ~_- '. ~ I j ''~.. ,:~,. ier ® j ! e~ • I j ® I ~ I ~ .~11 ~ I ~ 1 • ~ I .s11Q'IY1 . t { ~~ I t 1 ~ I j tt~tz ~ ~, ( aF' 1 I ~$1 j ® jb ~ ® ~ /rsio- j ~' j IIOf A PAff ^ w I I * ls~i0it ss vtt ~~M _ REW ~ i01c.7y ~' / . ..~ ~ - ~a~ ~. I 7 ~ aw~facnoe~ ~, ~~ . nceatoiasc ~ steep so. ~- f ~~' ~.• ANNEX~411aM• ~II~ • Q+wcl~liril~pulsi ' . ~ "'G' roe Nl~fl~r4, ply . //i~~~~;y ~ ~ Mwaa~,oa~av ~r~~~pp~~n~~cc~v.~!! j ~r ~~ 0.81. M 1 i • ~ ~~yy~~ • Exhibit C • • CITY OF MERIDIAN PLANNINd DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 21I0b D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendadon from the Commission, the Council shall make a fnIl investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone all of the subject property to C-G. 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 for more information. b. The map amendment complies with the regulations outlined for the proposed district, spec~tcelly the purpose statement; If the Applicant complies with the conditions outlined in the development agreement, the Council finds that the proposed commercial district will be in compliance with the specific district regulations. c. The map amendment shall not be materiaIIy detrimental to the public health, safety, and welfare; The Council finds that the proposes 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 ranlt in an adverse impact neon the delivery of service by any political subdivision providing public services within the City including, but not limited to, school distrtcls; 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-SB-3.E). The C-G zoning amendment will provide commercial area that is similar is nature to existing and proposed commerciaUoffice development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public fiords. In accordance with the findings listed above, ~e Councall finds that Annexation and Zoning of this property to C-G would be in the bat interest of the City, if the Applicant enters into a Development Agreement (DA) with the City, as mentioned in fieetion 10 of the Staff Report. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the derision making body shall make the following 5ndings: a. The plat is in co~ormance with the Comprehensive Plan; The Council finds that the proposed application is is substantial compliance with the adopted Comprehensive Plan. Place see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. Exhibit D • • ._ ... .. .....w fll'IY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OFF®RUARY 2, 2006 b. l'ablic services are available or can be made available and are adequate to accommodate the proposed development; The Council Ends that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) e The plat is in conformance with scheduled public improvements fa accord with the City's capital improveme~ program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council fords that the subdivision will not require the expenditure of capital improvement funds. d. There is pnbHc finanatal capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACIID, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welt'are; and Staff and the Commission are not aware of air health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACFID considers road safety issues in their analysis. Staff and the Commission recommend that the Council reference any public testimony that may be presented to determine this finding. f. The development preserves significant natural, scenic or historic features. Staff and the Commission are unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds 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 and the Commission recommend 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 maj or importance of which Staff and the Commission are unaware. 3. Private Street Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-waking body shaII make the following findings a. The deign of the private street meets the requirements of this Article; The design of the streets shall meet the standards as set forth in UDC l 1-3F-4. No gates are allowed. Roadway and storm drainage shaD be contained on site. b. Granting approval of the private street would not tense damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff and the Council do not anticipate any hazard, nuisance, or other detriment from the private street if it is constructed and maintained per UDC standards. Exhibit D CITY OF MERIDIAN PLANMNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 c. The use and location of the private street shall not conflict with the Comprehensive Flap and/or the regional transportation plan. Staff and the Council finds that the location of the private street does not conflict with the Comprehensive Plan and / or the regional transportation plan Exhibit D • September 20, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Mayor's Office ITEM NO. 6-A-1 REQUEST Appointment of Tom LeClaire to Impact Fee Committee: 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. Page 1 of 1 Sharon Smith From: Nancy Radford Sent: Wednesday, September 19, 2007 4:21 PM To: Sharon Smith; Machelle Hill; Will Berg Subject: 9/25/07 City Council Item Tom LeClaire (P&R Comm.) will be appointed to the Impact Fee Committee Tuesday so please add that to the agenda. Thank you, Nancy Radford Meridian City Clerks OfFce 33 E. Idaho Ave. Meridian, ID 83642 208-888-4433 9/20/2007 • • September 20, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Finance /Purchasing Department ITEM NO. 6-8-1 REQUEST Construction Manager Change Order No. 2 for MJ's Backhoe 8. Excavation for Removal of Unsuitable Soils for New City Hall Project: AGENCY COMMENTS o_ ~_ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Memo 8 Change Order ~" ~ 5 3~~0 Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Sharon Smith, Tara Green, Stacy Kilchenmann Date: 9/18/07 Re: September 25 City Council Department Report ~~~ City of IVleridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the September 25 City Council Agenda under Department Report. MJ's Backhoe & F~ccavation for Change Order #2 Additional site work for removal of unsuitable soils for August. All work under this Change Order #2 will be completed pursuant to the existing Sitework contract dated May 8, 2007. Per Wes Bettis' previous _ statement, there will be an additional change order for the removal of unsuitable soils in the UPR property once the UPR lease is executed. Recommended Council Action: Approve Change Order #2 to MJ's Backhoe ~ Excavation for removal of unsuitable soils for the month of August for aNot- To-F~cceed amount of $39,780.00 authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONEi(208) 323-4500 • FAX: (208) 323-4507 PRO]ECT: Meridian City Hall DATE: 9/17/2007 TO: City of Meridian 33 E Idaho Avenue Meridian , ID 83642 ATTN: Keith Watts REF: MJ's Backhoe COR 2 PHONE: 888.4433 FAX: 887.4813 r~~~• ~~, G~~o WE AItE ENDIN SUBMITTED FOR: VJ ACTION TAKEN: ^ Shop Drawings [ ~ Approval ^ Approved as Submitted ^ Letter r ,f IJ Yaur Use ^ Approved as Noted ^ Prime ^ As Requested ^ Returned After Loan Change Order [~ Review and Comment ^ Resubm(t ^ Plans ^ Submit ^ Samples SEMT VIA: ^ Returned ^ Specifications ~ Attached ^ Returned for Corrections ^ Other: ^ Separate Cover Via: Hand Delivered ^ Due Date: ITEM NO. COPIES DATE 1 9/17/2007 Remark: CC: File STATUS COR-0002 M]'s Backhoe and Excavation for OPN removal of unsuitable soils in the parking lot area at South side of the properly and filling with select structural fill (pit run) to accommodate parking lot loads, per Terracon, Inc. Expedition This Communication contains proprietary business information and may contain conftdential information. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby noted that arty dissemination, distribution, or copying of this communication is strictly prohibited. Ifyou have received this communication in error, please immediately destroy, discard or erase this information. ITEM- NUMBER REV.-NO. DESCRIPTION Keith Watts 323-4500 BOISE, IDAHO RCE-1875 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Force Work Account August 2007 DATE: 9/17/2007 PROJECT: Meridian City Hall SOB: 060675 TO: Attn: Tyler Crofts M]'s Backhoe 6679 S. Supply Way Boise, ID 83716 Phone:208-433-0933 Fax:208-433-0935 ISE: To: From: [tem Description Stock# Quantity Units 00001 Force work for August 2007 for 1.000 LS removal and replacement of unsuitable soils. ~~~ CHANGE ORDER REQUEST No. 00002 CONTRACT NO: 3 Number: Unit Price Tax Rate Tax Amount Net Amount $39,780.00 0.00% $0.00 $39,780.00 Unit Cost: $39,780.00 Unit Tax: $0.00 Lump Sum: $0.00 GC markup: $0.00 Lump Tax: $0.00 Total: $39,780.00 APPROVAL: iay: Date: By: Date: Tyler Crofts Expedition ,T MJ'S Backhoe & Excavation, Inc 6679 S Supply Way Boise, ID 83716 Petra Contractors 1097 N Rosario Meridian, ID 83642 Attn: Owner CO No: COR 8 Ghange Qrder Status: Estimated Date: 08/24/07 Infernal CO: 8 Internal Job No: 7004 MERIDIAN CITY HALL 1097 N Rosario IVleridian, ID 83642 FORCED WORK TOTALS TO OVER-EXCAVATE SOUTH PARKING LOT; EXPORT UNSUITABLE; IMPORT STRUCTURAL FILL 0.00 FWA 7!30/07 5,192.00 FWA 7/31/07 5,548.00 FWA 8/1!07 3,801.00 FWA 8/2/07 5,315.00 FWA 813/07 .5,779.00 FWA 816/07 INC. TOTAL PITRUN IMPORT CHARGE 13,365.00 2% BOND INCREASE 780.00 Accepted Date: Total this Change Order: 39,780.00 Original Contract: 610,314.00 Previously Approved. Change Orders: 162,782.00 Revised Contract to Date: 812,876.00 Accepted By: Please sign and return a copy as soon as possible 1 of 1 WORK ORDER PETRA INCORPORATED • JOB # OWNER: City of Meridian PROJECT NAME: Meridian City Hall DATE: 7/30/2007 ADDRESS: DESCRIPTION OF WORK: Excavate unsuitable soils from South Parking Area. Impoprt structural fill Terracon verified the material needed to be removed. LABOR MJ'S NAME OCCUPATION STANDARD HOURS RATE OVERTIME, HOURS RATE AMOUNT JIM GORDON FOREMAN 9 $ 46 $ 414 MATT MCWINN OPERATOR 9 $ 36 $ 324 SCOTTFRASER OPERATOR 9 $ 36 $ 324 JARED DAVIS OPERATOR 2.5 $ 36 $ 90 LONNIE CALDWELL DRIVER 3 $ 36 $ 108 $ - $ - $ - $ - $ - SUBTOTAL 0 $ 1,260 EQUIPMENT DAYS HOURS RENTAL RATE 624J 3-YARD LOADER 9 $ 59 $ 531 315 EXCAVATOR '9 $ 89 $ 801 450 DOZER 6 $ 54 $ 324 533 CAT ROLLER 86" 3 $ 49 $ 147 TK #72 H2O 3 $ 49 $ 147 SUBTOTAL $ - SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE $ 1,950 IMPORT PITRUN 397CY (Total charged on 8/6/07) $ - $ - JB TRUCKING INV. #695178 $ 630 ATLAS SAND ~ GRAVEL TR UCKING INV. #677 $ 720 $ - DUMP FEES; ADA SAND INV. #23215 153CY $ 160 SUBTOTAL $ 1,510 CONTRACTORS NoTEs SUBTOTAL SUMMARY AMOUNT LABOR $ 1,260 EQUIPMENT RENTAL $ 1,950 CONTRACTOR SIGNATURE PERMITS SUPPLIES ~ MATERIAL $ 1,510 SUBTOTAL $ 4,720 PETRA OVERHEAD & PROFIT $ 472 PETRA SUPERINTENDENT TOTAL $ 5,192 '~ ~~ i-lya P.UOZ F-736 • WORK C7i~DER , F~ETRA JOB # _ INCORPORATED OWNER: Clty of Meridian PROJECT NAME: Meridian Cit Hall ADDRESS: excavate unsuitab a soil rom south arkln area. DATE; 7/30/2007 DESCRIPTION OF WQRK: " T®rracon vsrFiyed the material needed to be removed Received Tiroe Aug. 8. 8:59AM i-ioa r.uu3 F-736 M.~'~~ ~ckh,~, t~ ~x~av~~ia~ !nc_ 4 422 ~'-~----.,,.~„ 6878 S. Supply Way + Boise, lD 83716 "Phone (206) 433,-0933" Fax (208) 433-0935 ,~ ~~If/ R~ ®t't MATE ~ ~' J08 NO. WEATHER: dOB ADDRESS SNOW ,~_~_ C~,EpR /,,/ SEIPERINTENbANT _ d~( RAIN OVERCAST TEMPERATURE: ~"p~.- °HtC3H ~~ ° ~,OW MANPOWER HOURS Z ~~~' -- ~._. s :~~.~. ~ ~ .... 4 0.~~1~ ~ 5 .. ~..61 s' ~J,~.~_...,.~, ..c~i 6 7 $ ~~ 9 -~.' MATERIAL8 R:ECElVEf) INV®ICE # ~ ~_ ~v YNVOICE # INV~.IICE # INVOICE # INVOiGE # ~7'G,~s .. 1NVQICE # EQUIPIV(ENT HOURS 1 ,~ 1 ~ 2, G,fS~~y s ~ ~ ~~ ~_ 5 E3 7 8 8 ~_ INVOICE # INVOICE # iNVOICE~# INVOICE # ~'YOFtK COMPLETED ~ cOMMENTB: Y~~ L T~~ ~: ~~ ~~ CHANGE ORDERS: FOREMAN SIGNATURE:. NOTES Oh[ REVERSE Received Time Aut;~ S, 8~59AM m,1d t-•FC i!~.r -~ R+' 1 TJ~.IA.AL- / / 7C' ~ ~'"1 ~ 1 n'1 "Q. +r /11 A.cr s~ es.i i ;~ ,w _w .o .~... • Atlas Sand and Gravel 12187 W. Pitts Lane ~-~.~t``~xna; ID 83634 ~~1V'l~~ Date invoice # 7/31/2007 677 P.O. Number Terrris Rep Ship Va F.O.B. Project Meridian City Hall Net 30 97 7/31/2007 Quantity Item Code Description Price Each Amount 9 truck/ trailer rental 7/30/2007 Ticket #0766 80.00 720.00 Sales Talc 6.00% 0.00 :'s been a pleasure working with you! ®'~~' $720.00 °.m' Ada ~a~.d & Gravel P.O. Box 15644 Boise, Idaho 83715 Phone: 368-0100 ~ . ~` Date 'b ~ Job No.~°°~°~~ J ~ ~" ~ ,~,,,~ Bifi to ~ ~- P.O. No. ~<~_ ~: Address --- ~- ^Cash ^ Check ~e Pit Run Reject 3/8 Chips - 3/4" Pipe Bedding Drain Rock 1 1/2" 2" Fine Scr. Sand Masonry Sand Gas Sand r- 3/4 Rd. Mix Spec. Top Soil Cobble Haul Back .Truck.Rental:-^->, :..:~ Pup ^ dump ee ~. %~ Driver: Sales Tax Trk No. Pit ~ .r Delivery ..~-~- Directions: ~yrE,~.- ~~ ~~.~ ~f _ ~~ TOTAL ~r'~' ".~~ CONpITIONS: Unless otherwise arranged in writing, each ticket shall be paid in full not later than the 10th of the month following date of purchase. Purchaser agrees to pay 1 1/2 percent service charge (18 percent annual) and normal attorney and collection fees should the seller levy legal action to collect same shall fully obligate heirs and assigns of purchaser. Our drivers will make every effort to place materials where customer designates, but the Company assumes no responsibility for da~m~ages inside curb or property line. Customer agrees to terms of sale and accepts materials as is. Recd by ~.'~` ~. ~ .'f~'~ M03CS000887M 3/07 • WORK ORDER JOB # PETRA OWNER: INCORPORATED PROJECT NAME: Meridian City Hall ~ DATE: City of Meridian 7/31 /2007 ADDRESS: DESCRIPTION OF WORK: Excavate unsuitable soils from South Parkin g Area. Impoprt structural fill Terracon verified the material needed to be removed. LABOR MJ'S NAME OCCUPATION STANDARD HOURS RATE OVERTIME HOURS RATE AMOUNT Jllvl GORDON FOREMAN 9 $ 46 $ 414 MATT MCWINN OPERATOR 9 $ 36 $ 324 SCOTT ERASER OPERATOR 9 $ 36 ~ $ 324 LONNIE CALDWELL DRIVER 6.5 $ 36 $ 234 $ - $ - $ - $ - $ - $ - SUBTOTAL 0 $ 1,296 EQUIPMENT DAYS HOURS RENTAL RATE 624J 3-YARD LOADER 9 $ 59 $ 531 315 EXCAVATOR 9 $ 89 $ 801 450 DOZER 9 $ 54 $ 486 533 CAT ROLLER 86" 6.5 $ 49 $ 319 TK #72 H2O 0 $ ~ $ - SUBTOTAL $ - SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE $ 2,137 IMPORT PITRUN 3000Y (Total charged on 8/6/07) ~ - $ - JB TRUCKING INV. #695179 $ 630 . ATLAS SAND & GRAVEL TRUCKING INV. #681 $ 680 DUMP FEES; ADA SAND INV. #23253 262CY ~ $ 60 DUMP. FEES; ROCKY MTN INV. #2849 $ 241 SUBTOTAL $ 1,611 CONTRACTORS NOTES SUBTOTAL SUMMARY AMOUNT LABOR $ 1,296 EQUIPMENT RENTAL $ 2,137 CONTRACTOR SIGNATURE PERMITS SUPPLIES&MATERIAL ~ 1,611 SUBTOTAL ~ 5,044 PETRA OVERHEAD & PROFIT ~ 504 PETRA SUPERINTENDENT TOTAL• $ 5,548 :' AUG-08-2007 09:48AM FROM- WORK QRDER PETRA INCORPORATED pROJEGT NAME; ADDRESS: DESCRIPTION OF WORK: • Meridian T-154 P.004 F-736 .~oa ~ OWNER: City of Meridian DATE: 1/31/2007 Terracon vetliyed the material n®eded to be ramaved. LABOR MJ'S NAME OCCUPATION STANDAR HOURS D RATE OVERTIME HOURS RATE AMOUNT JIM OPERATOR MATT OPERATOR 9 SCOTT pPERATOR 9 LONE OPERATOR 8.6 OPERATOR 'OPERATOR Op6RATOR OPERATOR OPERATOR SUBTOTAL 33.5 0 EQUIPMENT DAYS HOURS RENTALFiATE 315-C EXCAVATOR 9 490 DOZER 9 824 LOADER 9 CAT ROLLER 8,5 suBTOrAL SUPPLIES & MATERIAL INVOICE QUANTITIES . UNITS PRICE IMP RT 300 EXPORT. 282 SUBTOTAL CONTRACTORS NOTES SUBTOTAL SUMMARY AMOUNT LABOR EQUIPMENT RENTAL CONTRACTOR SIGNATURE PERMITS SUPPLIES & MATERIAL SUBCONTRACTOR Cam' ~,r,.-~ PETRA OVERHEAD & PROFIT SUPERINTENDENT TOTAL Received Time Aug• 8. 8~59AM AUG-OB-2007 09:49AM FROM- . T-154 P.005 F-736 NtJ'a~k~~a~ ~ ~xcaya~~~n tn~. ,. rw~~w~ ~ .~.i~wm~ iw 9 ~ 'T ~ V 8879 S. Supply Way ` 9oi6®~ ID 83716 * Phone (206j 433-0933 * t=ex (tae) 433-0935 ..........~.... ~a~~ R~i'~ JOB NAME ~~ ,~t4 DATE i~° "~~ '- C3 '°9 J08 NO. WEATHER: JOB ADpRES3 SNOW '° CLEAR_~ BUPERINT1:Nt]AM't ~,~, ~ RAIN OVERCAST 7EMPERATURf=: ,~a r~- °H!(3H ~~' "LOW 1 II~ANPOWER 2 ~~ 4 !_. is ~ 5 6 7 e a MATERtAtS RECEIVED fNWQ1GE # ~~t'c~r~ INWpICE # ~ WWQICE # ~~~" INWpICE # ~/ {NVaIGE # rr~ ,~i ~,~,~ INWQIGE # ~,~~,~,~~ HOURS EQUIPMENT WOUR3 .~.~ 3 - ~~' ..---~--- 5 B 7 ' a e INWQIGE # ~~ .d' r' ~ ~~ _ ,,~ ~q, INWQIGE # WORK COMPtETEp /COMMENTS: cry ~~. ~r< ! . CHANGE aRD1=RS: NOTe~ ON REVE~s~ FQREMAN SIGNATURE.: 'T~ ~~ ~"1 Received Tio~e Aug 8~ 8:59AM • >.;i DATE ~.k'~ ~~ f':. ~i ~~ ~~ i . .~; :ti i i SOLD BY ~>_ - "' `CASH C.O.D. CHARGE O_ N ACCT. Id~DSE RETD PAID OUT QUANTITY - "~ DESCRIPTION PRICE I AMOUNT 1 f Y, ~: CJ~ J M1 :' rte'. ~ f`~- .(~•.b~~{, ~~ 3 ~ f ~ ~s r-°~ ~ ~"~ p ~V L r ~ t~~~t r~ g - / rr $ o g ~ _ ~ ~u `i~~~°°~ P~ ~ ~ S t ,~, 10 __ ~ ~ :.~ S fit. ~-ti ci ~ ~ ~- .r t .~ - ~ "~ 12 4 x t:~~ '~1: ~~ f ~6 s. _ - yy .`.,I~ y ~t f• " 18 ;~ t i . t f: .~; r% ~; ~ ~ .~. € . ,' • 20 F ; ' (~ Cl E ~j 1 1 f tia... .~ ~ _ L RECEIVED 8Y j~~,~.:,t .'.~,~~-a...,.;'`--'-~-~-~._,~_, . t ,''" 1 li 7 :s 'F i "(' i r ,. t ~ j {.~ x ~.: .,~ ~` ' ~~Atlas Sand and Gravel 12187 W. Pitts Lane Kuna, ID 83634 ~ J Bill To MJ's Backhoe & Excavation 6679 Supply Way Boise, Id. 83716 • ~~V~~~~ Date Invoice # 7is z/zoo? 681 P.O. Number Terms Rep Ship Va F.O.B. Project Meridian City Hall Net 30 98 7/31/2007 Quantity item Code Description Price Each Amounf 8.5 - truck rentai 7/31/2007 Ticket #0744 80.00 680.00 Sales Tax 6.00% 0.00 ^IuU`-~ ~ C~~-~.~~ S~v2~ is been a pleasure working with you! ®'~~ ~ $680.00 Ada Sand & Gravel P.O. Box 15644 Boise, Idaho 83715 Phone: 368-0100 j ,~ ~' i Date ~ 0" ~ Job No. ~-%~,1 ~"`t~'- r~ .. r~ Bill to ~.,~~ x~r~:. ,~ ~- ~-~-i'.O. No. -- t . ~.. _ i Address ^ Cash ^ Check ^ Charge Pit Run Reject 3/8 Chips _ 3/4" Pipe Bedding Drain Rock i 1/2". 2" Fine Scr. Sand Masonry Sand r Gas Sand 3/4 Rd. Mix Spec. Top Soil Cobble Haul Back Truck Rental ^ Pup ^ ump Fee Driver: - Sales Tax Trk;No. Pit ~° Delivery Directions:~R~ ~. ,.~ ~' ~ ~ TOTAL- ~ .,.~~~ CONDITIONS: Unless otherwise arranged in writing, each ticket shall tie paid in full not later than the 10th of the month following date of purchase. Purchaser agrees to pay 1 1/2 percent service charge-j18 percent annual) and normal attorney and collection fees should the seller levy legal action to collect same shall fully obligate heirs and assigns of purchaser. Our drivers will make every effort to place materials where customer designates, but the Comparry assumes no responsibility for damages inside curb or property line. Customer agrees to terms of sale and accepts materials as is. Recd by M03CS000887M 9107 ... O.GKY~~dUi~i'I'A1N ~A4fliVG, ~i~lG.. P.O. Box 190544 Boise, ID 83719 (208) 362.4242 Office & Fax BILL TO Iv1J's BACKHOE ~ EXCAVATION, INC. 6679 S. SUPPLY WAY BOISE ID 83716 S.O. No MISC QUANTITY ( UNIT PRICE PRODUCT QESCRIPTION I I CITY HALL 48.37 1.00 DUMP FEE 241.49 1.00 DUMP FEE ~~ r ~~ t~ ~~ y~v lS ;~ • Pit' iiV1/®iCE DATE INVOICE # 7/27/2007 2349 P.O. or JOB # SERVICED 7/19/2007 7/31/2007 TERMS Net 10 Daps AMOUNT 48.37 241.49 1PVORK ORDER JOB # PETRA OWNER: City of Meridian INCORPORATED PROJECT NAME: Meridian City Hall DATE: 8/1/2007 ADDRESS: DESCRIPTION OF WORK: Excavate unsuitable soils from South Parking Area. Impoprt structural fill LABOR MJ'S NAME OCCUPATION STANDARD HOURS RATE OVERTIME HOURS RATE AMOUNT JIM GORDON FOREMAN 3 $ 46 $ 138 MATT MCWINN OPERATOR 6 $ 36 $ 216 SCOTT ERASER OPERATOR 9 $ 36 $ 324 LONNIE CALDWELL DRIVER 9 $ 36 $ 324 $ - $ - $ - $ - $ - $ - SUBTOTAL 0 $ 1,002 EQUIPMENT DAYS HOURS RENTAL RATE 624J 3-YARD LOADER 6 $ 59 $ 354 315 EXCAVATOR 3 $ 89 $ 267 450 DOZER 6 $ 54 $ 324 533 CAT ROLLER 86" 2 $ 49 $ 98 TK #72 H2O 0 $ 49 $ - SUBTOTAL $ - SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE $ 1,043 IIv1PORT PITRUN 427CY (Total charged on 8/6/07) $ - $ - JB TRUCKING INV. #695180 $ 630 ATLAS SAND & GRAVEL TR UCKING INV: #685 $ 700 DUMP FEES; ADA SAND INV. #23209 68CY $ 80 $ - SUBTOTAL $ 1,410 CONTRACTORS NOTES SUBTOTAL SUMMARY ~ AMOUNT LABOR $ 1,002 EQUIPMENT RENTAL ~ 1,043 CONTRACTOR SIGNATURE PERMITS SUPPLIES i~ MATERIAL 5 1,410 SUBTOTAL $ 3,455 PETRA OVERHEAD ~ PROFIT $ 346 PETRA SUPERINTENDENT TOTAL $ 3,801 AUIv~Utl"LUU! U4l:4aAM tKUM' WORK DRDER PETRA INCORPORATED PROJECT NAME: ADDRESS: DESCRIPTION OF WORK: I-It)4 1'.UUb/U13 t-Idti JOB # OWNER: City of M®ridlsn Hell .iltabl ar®a. DATE: B/1/ZQ07 area. LABOR MJ'S NAME OCCUPATIQN STANDAR HOURS D RATE OVERTIME HOURS RATE AMOUNT JIM OPERATOR 3 MATT OPERATOR 6 SCOTT OPERATOR B LONE OPERATOR OPERATOR OPERATOR OPERATOR OPERATOR OPERATOR 8U9TOTAL 16 0 EQUIPMENT DAYS HOURS RENTAL RATE 450 DOZER 8 BZ4 LOADER ~ 6 CAT ROLLER 2 315 EXCAVATOR 3 SUBTOTAL SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE IMPORT az7 EXPORT, 88 SUBTOTAL CONTRACTQRS NoTEs 8UBTOTAL SUMMARY AMOUNT LABOR . EQUIPMENT RENTAL CONTRACTOR SIGNATURE PERMITS SUPPLIES & MATERIAL 5U8CONTRACTOR PETRA OVERHEAD & PROFIT ' P SUPERINTENDENT ~ TOTAL Received Time Aug. 8. 8:59AM ADG°08-2007 09:49AM .FROM- T-154 P.007/013 F-736 iN~J'~~tck~i~e ~ ~x~c~v~tica~~n~o 6879 S. Supply Way'` Boise, ID 83718 "Phone (208) 433-0833 "Fax (208) 433-0935 ~11,v ~~lp01'~ JOB NAME [~' 04: r ~? /A~ ~,~ dATE _ "" ,r/ " ~J JOH Nc3. WEATHER: JOB AbDRE88 SNOW CLEAR 1'' BUPERINTENDANT . _ ~ 6a._I _ RAIN 01P.ERCABT . TEMPERATURH: ®..._,,. °HIf3H ~- ~ ° LOW .+ MANPOWER HOURS 1 ..:J r ,r~/1 ~~..~. 3--~ ~-`T~ ~ji 4 3 ! ~..._ s 8 9 MATERIAI_$ RECEIVED INVOICE # ~ y.-~,,c~ „~ f~~ INVOICE #. ~A~ ~;,:~; INVOICE # EQUIPMENT HOUR$ ~ ~~~ ~ 4 '~ ! } ~'` s e 8 9 !'°7 .J`~ nom, ~- , } ~.~+ ~.~f~a5 ^^ .~ s9^~.~wA.s i~~~-s~_ ~ r~ ~.,..a~.aa •- ~~r"~A'/~S~,Z ~s't^ ~c~M~Sc~-,.~'e~~ INVOICE # ,~4.wt~~e~' i.~.i..:i 5 c,cG p`~•,~~ ~;. ~~i~-»`,L • ~,~,..~ INVOICE # j~~l~.~ '77~~.tr.~~ •--~r ~"12...x.+tJ ~~'i'.~~`',p3'- y,c? 5 -. /~~ ~/?,~/'E_N~?GY~°` '~w,t~~~.,t INV®ICE# Ibcs~c..~.o.~*1"- l.a,ti.a3:..crT~.~~,,~~• "5/ vas 1~:''vat- INVOtCE # r INV®ICE # INV®ICE # INVOICE # WORK GOMP~.ETED /COMMENTS: [ M ~~' .~. ~..'~ ~r^Ye.e f,l,a~.rA~'ea~ n /` e4 !I~/ B~ c'~ (,r~ 1,. c .~ 4c. --O ~ `~~/~(~ ~$fL1 t~m+ ~i~'/,~ _ ! .....v ... .G sr .,b_ ~ .._.,._ ' _ . , .~•... ~~.,m a r .F .,r.~... e _ "~ s t.e - 7-L~Ysfn~. I~9AS+Ar" ~ [^~c-.: 1.0.-f.~~•_ N'a t..r ~"• .`ri't..s...[~L"..-r'~,a4...c5 ~ -" "/~'.y"~rt're~iC~-~ f-eb'1" ~'' ,'~, ~~/t3P'~) l" ~'Ctrr'7^.. ~c..~~.t_ _ s•~t...+ae-la" ~~~T~ ea.~,ea-r uc~:~.s ~ 5'~~ f~ ~~f ~ CHANGE ORDERS: D NOTES ON REVERSE FOf'~EMAN SIGNATURE: Y'f~.. roc Received Time Aug. 8. 8:59AM ' ~ ., ~~ ~~ E. t 1 t ~~a.'anrs ~ ~i~~E~ ~ ~@~ ~~~~ F~E~ €~~E~r~Cf~~~ Ir>_-.~ 5805 '' 'CUSTOMER'S ORDER NO. DEPARTMENT ~ t DATE ~ ~ ,y ~~, NAME ~ j/ ' f ~ _ ~ ~~ ~ { . ~~r{ p £.` ADDRESS ~~ ifs L~ °~ Q"'` f lr bb t Y~ CITY, STATE, ZIP ~ SOLD BY ." _ ~< CASH C.O.D. CHARGE ON ACCT. I MDSE RETD PAID OUT :QUANTITY `" DESCRfPTfON PhfCE AMOUNT ~; . 3 _ 6. • {~" 7 ~ ' .S ~~ ~X _ ~^~ '~ p 9 l 10 ~1 . i2 ~3 ~; { ,rte ~,. 'r ~.~ 18 -~ ,: ~l 19 ~ u ~ `~ .`a.A RECEIVED BY ~ _-. ,.:.:..~ ,, ~' ~~ • Atlas Sand and Gravel 12187- W. Pitts Lane Kuna, ID 83634 Bill To MTs Backhoe & Excavation 6679 Supply Way Boise, Td. 83716 P.O. Number I Terms I Rep Ship .MeridianCit~:Ha1I. ~N.,et.30 `: 97 _ 8%12007 Quantity 'i+A,,; r~;;;~„ _, ank you for your business. - Date Invoice # 8/1/2007 685 -:Via =: Pnce Each .. Am 7~ota1 ~f -~ -`. $700.00 J. .F.O.B. I Project -~ Ada Sand & Gravel P.O. Boz i 5644 Boise, Idaho 83715 Phone: 368-0100 Date ~ ~ ~ ~ ~:~ f Bill to ,~ ~ ,t , t i Job No. ~~':~ .~'~~ f P.O. No. Address ^ Cash ^ Check Charge Pit Run Reject 3/8 Chips 3/4" Pipe Bedding Drain Rock 1 1/2".2" Fine Scr. Sand Masonry Sand Gas Sand l ~~/ 3/4 Rd. Mix Spec.. ` Top Soil Cobble Haul Back: ... Truck Rental ^ Pup ^ --°~.. ,~ ~.~ Dump F e .~ Driver: Sales Tax Trk. No. Pit ,~ Delivery •--~-~-m-- Directions: ~~~ ~~. m ~ ~ ~' TOTAL ~~, CONDITIONS: Unless otherwise arranged in writing, each frcket shall be paid in full not later than the 10th of the month following date of purchase. Purchaser agrees to pay 1 1/2 percent service charge (18 percent annual) and normal aitomey and collection fees should the seller levy legal action to collect same shall fully obligate heirs and assigns of purchaser. Our drivers will make every effort to place materials where customer designates, but the Company assumes no responsibility for damages inside curb o'r property line. Customer agrees to terms of sale and accepts materials as is. Recd by M03CS000887M 3/07 • • WORK ORDER PETRA INCORPORATED JOB # OWNER: City of Meridian PROJECT NAME: ADDRESS: Meridian City Hall DATE: 8/2/2007 DESCRIPTION OF WOP.K: Excavate unsuitable soils from South Parking Area. Impoprt structural fill LABOR.MJ'S NAME OCCUPATION STANDARD HOURS RATE OVERTIME HOURS RATE AMOUNT JIM GORDON FOREMAN 9.5 $ 46 $ 437 MATT MCWINN OPERATOR 9 $ 36 $ 324 SCOTT ERASER OPERATOR 9 $ 36 $ 324 LONNIE GALDWELL DRIVER 8 $ 36 $ 288 ANDREW JENSEN DRIVER 2 $ 36 $ 72 SCOTT BRIGHT DRIVER 4.5 $ 36 $ 162 $ - $ - $ - $ SUBTOTAL EQUIPMENT DAYS HOURS 0 RENTAL RATE $ 1,607 624J 3-YARD LOADER 315 EXCAVATOR 9 5 $ 59 $ 89 $ 531 $ 4,4.5 450 DOZER 533 CAT ROLLER 86" TK#62 ENDUMP TK #22 ENDUMP TK #72 H2O 9 5 4.5 2 3 $ 54 $ 49 $ 54 $ 49 $ 49 $ 486 $ 245 $ 243 $ 98 _ $ 147 SUBTOTAL SUPPLIES & MATERIAL IMPORT PITRUN INVOICE QUANTITIES UNITS 453CY (Total charged on 8/6/07) PRICE $ $ 2,195 $ _ JB TRUCKING INV. #5004 ~ $ 630 DUMP FEES; ADA SAND INV. #23255 360CY $ 400 $ SUBTOTAL CONTRACTORS ~ NOTES $ 1,030 SUBTOTAL ' SUMMARY AMOUNT LABOR $ 1,607 EQUIPMENT RENTAL $ 2,195 . CONTRACTOR SIGNATURE PERMITS SUPPLIES&MATERIAL ~ 1,030 SUBTOTAL $ 4,832 PETRA OVERHEAD & PROFIT $ 483 PETRA SUPERINTENDENT TOTAL $ 5,315 A~JG-OB-2007 09:49AM FROM- • • T-154 P.003/013 F-736 WORK ORDER JQB # PETRA OWNER: City of Mertdian_ _ 1NCORRORATED PROJECT NAME: Meridian City Hall DATE: 8/1/2007 ADDRESS: excavate Unsuitable 9vll from south parking area. DESCRIPTION OF WORK: fill unsultabl® ar®a. LABOR MJ'S NAME OCCUPATION STANDAR HOURS D RATE OVERTIME . HOURS RATE AMOUNT JIM' OPERATOR B.8 MATT OPERATOR S SCOTT OPERATOR 9 LONI OPERATOR 8 ANDREW OPERATOR 2 SCOOTER OPERATOR 4.6 OPERATOR OPERATOR OPERATOR SUBTOTAL 42 0 Et2UIPMENT DAYS HOURS RENTAL RATE 450 DDZER g 62a LOADER 9 CAT ROLLER g 316 DCCAVATOR 6 TK-82 4.5 TK-22 2 suaroTAL SUPPLIES $~ MATERIAL INVOICE QUANTITIES UNITS PRICE EMPORT 453 EXPORT. 360 SUBTOTAL CONTRACTORS NOTES •• SUBTOTAL SUMMARY AMOUNT LABOR EQUIPMENT RENTAL CONTRACTOR 51GNATURE PERMITS SUPPLIES & MATERIAL C~;\ SUBCONTRACTOR ~ PETRA OVERHEAD & PROFIT IyET UPERINTENDENT TOTAL Received Time Aug 8. 8:59AM auu-u~-~uur ua:aaaM rftutn- T-154 P.009/013 F-736 667 ~, suppi~y ^ Baise, ID 83716 ~' PhOne'(208) 433-083 ax (208 a33-035 T T L M JOB J08 ~.~, Jafa AanRESs SUPECzfNTENDANT •~y„~ MANPOWER ~~~~ 2 .~ ~,K`~ t - 4 6' ;~ ~^ a 8 9 MATEF~fALS f~ECE1VED INVOICE= # ,,,r ,, fNVOICE # ~ INVOICE # C fNVOICE # iQ41 , fNVOICE # ~~.~~ INVOICE # INVOICE # ~.~~. INVOICE # INVOICE # fNVOICE # WOkFC CfJMPLETED / COMMENTS; e HOURS 0~ ~-- -~-.~ ~~_~ ~~~,~ ic..a ~ ~r~~.a.•.~ c~~ ,..~, ~~ ~` ~ ~ ~~ ~ ~ is s ,~ ~~, ~ .,. T - ._--_. rah ~^ ~a tea. __ f{oufzs --~-„ .~,--~~_ ---~~. i$.C.ii/ C~fANGE ORDERS: FOREMAN SIGNATURE: NOTES 0[~f REVEf~SE -°- ~.~..o,~., _ . [~1...p,Received Tiroe_Aud. 8~_ 8:59AM_. '_~ -~~ Wf=rATf~ER; ~ ...~ SNOW ,,, .~, C(.EAR .•"''~ faAIN OVERCA8T TEMPERATURE. ~--' o 0 .n.sr~.~~~ HIGH E;,~-- I.OW Ecy1UIPMENT 1 -~'E~,} 2 ~--- a e ~- 6 L.a4-~ ,-~___. 6 ~'"~ ,~' 7 ~ •- 8 ~ `i'~'L T~- ~~ (~ ,~ ,~ r ~~ ~ _ _ ~ o _ ~ ~_ ~~ ~' z ~ ~~ u ~` z~ ~~ ~o ~ ~ ~ ~w ~( ~ "+ ~ U z ~T O r"~ p E-~ G~q-1 '~ L"r ~ ~ O E~ .. .. e~ M ci ~o p -x ~ M ~ o a ~ M ~ ~ ~ ~ 0 0 ~ ~ v O~ h ~ C.i L:~ ®~~ .;;;,.\\; ~~~..c E"{ ~ ~ ~ ~ ~s. ~' O Q~ .'7 A ~2 A u U U S `J t~ z 0 .~ F 0 a 0 z u Ada Sated & gavel P.O. Box 15644 Boise, Idaho 83715 Phone: 368-0100 ~f` ~ Date ~= .Job No. ~t,p~ ~ ~-~ s --.. ~' Bill to ~ ~ P.O. No. Address ^ Cash ^ Check ^ Charge Plt Run qr - - Reject ~` 3/8 Chips j. 3/4" Pipe Bedding Drain Rock 1 1/2". 2" Fine Scr. Sand Masohry Sand Gas Sand 3/4 Rd. Mix Spec. Top Soil .~ Cobble Haul Back Truck Rental p Pup ^ ~~ Dump Fee - ~~ Driver: F ~ 2SafesTax ~~ Trk. No. Pit ~ .Delivery ...~. Directions: ~~~~~~ ~ „~~~~' {,/,;,~ "~° ~~~ - . -~<;~::. ..~~,; .~ ~ ~ 7~4 ~~t ..d.~ -TOTAL - ~ 6 CONDITIONS: Unless otherwise arranged in writing, each ticket shall be paid in full not later than the 10th of the month foflowfng date of 17urchase. Purchaser agrees to pay 1 1/2 percent service charge (18 percent annual) and *~, normal attorney and collection fees should the seller levy legal action to collect same shall fully obligate heirs and assigns of purchases Our drivers w111 make every effort to place. materials where customer designates, but the Company assumes no responsibility for damages inside curb or property line. Customer agrees to terms of sale and accepts. materials as is. Recd by M03CS000887M 3f07 tL~ WORK ORDER PETRA IhPCORPORATED PROJECT NAME ADDRESS: JOB # OWNER: Meridian City Hall DATE: City of Meridian 8/3/2007 DESCRIPTION OF WORK: Excavate unsuitable soils from South Parking Area. Impoprt structural fill LABOR MJ'S NAME OCCUPATION STANDARD HOURS RATE OVERTIME HOURS RATE AMOUNT JIM GORDON FOP.EMAN 6.5 $ 46 $ 299 MATT MCWINN OPERATOR 6.5 $ 36 $ 234 SCOTT ERASER OPERATOR 6.5 $ 36 $ 234 LONNIE CALDWELL DRI\/ER 6.5 $ 36 $ 234 ANDREW JENSEN DRIVER 4 $ 36 $ 144 SCOTT BRIGHT DRIVER 5 $ 36 $ 180 MARK PICKLES DRIVER 8 $ 36 $ 2gg $ - $ - $ SUBTOTAL 43 0 $ 1,613 EQUIPMENT DAYS HOURS RENTAL RATE 624J 3-YARD LOADER 6.5 $ 59 $ 384 315 EXCAVATOR 6.5 $ 89 $ 579 450 DOZER 6.5 $ 54 $ 351. 533 CAT ROLLER 86" 5 $ 49 $ 245 TK#62ENDUMP 5 $ 54 $ 270 TK#22 ENDUMP 4 $ 49 $ 196 TK #12 W/ PUP 8 $ 59 $ 472 TK #72 H2O 1.5 $ 49 $ 74 SUBTOTAL 43 $ - SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE $ 2,570 IMPORT PITRUN 405CY (Total charged on 8l'6/07) $ - $ - JB TRUCKING INV. #5005 $ 525 $ • DUMP FEES; ADA SAND INV. #23255 465CY $ 260 DUMP FEES; ROCKY MTN INV. #2907 $ 289 SUBTOTAL $ 1,071 CONTRACTORS NOTES SUBTOTAL . SUMMARY AMOUNT LABOR ~ 1,613 EQUIPMENT RENTAL $ 2,570 CONTRACTOR SIGNATURE PERMITS SUPPLIES&MATERIAL $ 1,071 SUBTOTAL $ 5,254 PETRA OVERHEAD & PROFIT a 525 PETRA SUPERINTENDENT TOTAL $ 5,779 nua-uo-cuur ua:4aAM hKUM- ~ ~ T-154 P.O10/013 F-736 wo~K a~~E~ PETRA tNCOFtPORATED PROJECT NAME; ADDRESS; DESCRIPTION Of= WORK: M®rldlan JOB # _ OWNER: Clty of Meridian DATE; 8/312007 LABOR MJ'S NAME OCCUPATION STANDARD HOURS RATE OVERTIME AMOUNT HOURS RATE JIM OPERATOR 6.5 MAC' OPERATOR 8.5 SCOTT OPERATOR 8.5 LONI OPERATOR " 6.6 SCOOTER OPERATOR 5 ANDREW OPEI2ATQR a MARK OPERATOR B OPERATOR OPERATOR - SUBTOTAL q3 p EQUIPMENT DAYS HOURS RENTAL RATE 450 DozER ®.5 624 LOADER g,g 315 EXCAVATOR 8.5 CA's" RQLLER 5 TK-~2 g TK-12 g TK-22 4 SUBTOTAL SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE IMPORT 405 EXPORT. 465 SUBTOTAL CONTRAGTgRS NRrEs SUBTOTAL SUMMARY AMOUNT LABOR EQUIPMENT RENTAL CONTRACTOR SIGNATURE PERMITS ~ SUPPLIES ti MATERIAL SUBCONTRACTOR ' ~ PETRA OVERHEAD & PROFIT ETRA SUPERINTENDENT TOTAL ' Received T i ale Aul; ~ 8. 8: 59AM ' AUG-D8-Z00T 09:49AM FROM- T-154 P.O11/013 F-736 •~ •ti, ---- •.-~ 8679 S. Supply Way * Bois®. Ip 63716 "Phone (208) 433-0933' Fex (208) 433-0935 . ( 1 Dpi I,., •~.'~r~ . -~.. r m.••.~ ~~ ~^ t -'~r DATE ~ ~~ ~/ JOB NAME JOB NQ. JOB ADDRESS BUPERINTENDANT t~+~ MANPOWER 1 2 ~~•"'' 3 'fi'r ,i '"" 4 ;~~aJ r a .~,~ c~1 7 8. . 9 MATEE71AL3 RECEIVED INVOICE # ~~ INVOICE # INVOICE # INVOICE # INVOICE # INVOICE # ENVODCf= ## ~„a~~ INVOICE # .-,•-~ INVOICE # `~~~ CHANGE ORDERS; Q 6~QTES ON REVERSE WlcATHER: 8NOYIf CLEAR RAIN OVERCAST 'TEMPERATURE=: it~~ °HIGH ~~ ~" ~ LOW HO[JRg ~j~/~ j~ E9UIPRAENT _ HOURS ~ ~ "~ ~ ~FA~''~ _~E .w- $ 7~",.4"° ice- .~_..- l~ry ~,G~I~A ~-.~,r~ FOREMAN SIGNATURE: ~~ Received Tir~~e Autr. 8• 8~59AM .' ~, r - INVOICE # ,~ ~~_~--- '~~ r,~,~gS.•.~.. tea.-mss ~--- ~-E'y.9 ~_{` ~~ z ~ z ~~ W ~~~ x w - o ~ ~ ~ ~~ W ~ ~` H {~ u z~ ~ ~o ~ ~ `` 3 ,. .. ~~ a ~i, E~-~ ~ Q O t~ O a ~ . ~- a v1 W ~ q F+ •~ q O ~~ ^ a a ~ ~ O o U ., .~, ~ ~ ~~ ~y 1 V ~ A U v ~ ;~ x U ci o ~ C~ ~ CC M ~ 3 ~ ° n~ .~ M M ~ ~ ~ O O ~ ~ ~ h ' ; , ~ ~ ~ z 0 ~. u ~, ~ ~~ g ~ ~ a~ ~ ~ ` \ * a - -- -- - -- - r= --,.-~--,~~ - -- - - ~ - - - .- ~---- - Ada Sated & Gravel P.O. Box 15644 Boise, Idaho 83715 Phone: 368-0100 a-r Date ~ '~ Job No.~~~ ~' BIII to .~' r P.O. No. Address ^ Cash D Check D Charge Pit Run Reject .~ 3/8 Chips ~ -~,. 3/4" Pipe Bedding ~° Drain Rock 1 1/2". 2" Fine Scr. Sand Masonry Sand Gas Sand 3/4 Rd. Mix Spec. Top Soii Cobble Haul Back ' Truck Rental ^ Pup ^ Driver: Sales Tax ., Trk. No. Pit Delivery .,~ Directions: ~,~~ ~ ~~ -~.~~ .t~ f~ ~aS~a, - . ~ .~~. .. ~~ ~~ TOTAL ~"~ ~' `,' CONDITIONS: Uniess otherwise arranged in writing, each ticket shall be paid in full not later than the 10th of the month following date of purchase. FurcFaaser agrees to pay 1 1/2 percent service charge (18 percent annual) and normal. attorney and collection fees should the seller levy legal action to .cdilect same shall fully obligate heirs and assigns of purchaser. Our drivers will make every effort to place materials where customer designates, but the Company assumes no responsibility for damages inside curb or property line. Customer agrees to terms of sale and accepts materials as is. Recd by M03CS0008871v1 3/07 ~~~ - P:O. Box 190544 Boise ID 83719 OCKY:~AOl1HTA1N. ~A.Y1i~1G, NC, J - (208) 362.4242 Off ce & Fax BILL TO MJ's BACKHOE ~~ EXCAVATION, IlVC. 6679 S. SUPPLY WAY BOISE ID 83716 A ~~ 1 ~~ 1/ ®~~SG DATE INVOICE # 8/6/2007 2907 J S.O. No. ~ P.O. or JOB # J TERMS J CITY HALL Net 10 Days J QUANTITY I UNIT PRICE I PRODUCT DESCRIPTION ~ SERVICED' J AMOUNT J 286.22 1.00 DUMP FEE 8/3/2007 28G.22 ~ ~ ~~~~ ~~' ~~ ~~ i Thank }you for jour bnsmess Due To'Uur Reasonable Prices We Expect Pa}znenf By the.l0th Of The Month Fc,1lav~in~ Thc, Pui~chase.~ . liivoices Unpaid by the 25th Will..Occur An~18%:Annum Intzrest Charge. • WORK ORDER JOB # PETRA OWNER: City of Meridian INCORPORATED PROJECT NAME: Meridian City Hall DATE: 8/6/2007 ADDRESS: DESCRIPTION OF WORK: Excavate unsuitable soils from South Parkin g Area. Impoprt structural fill LABOR MJ'S NAME OCCUPATION STANDARD HOURS RATE OVERTIME HOURS IRATE AMOUNT JIM GORDON .FOREMAN . 8 $ 46 $ 368 MATT MCWINN OPERATOR 8 $ 36 $ 288 .SCOTT ERASER OPERATOR 8 $ 36 $ 288 LONNIE CALDWELL DRIVER 8 $ 36 . $ 28$ ANDREWJENSEN DRIVER 8 $ 36 $ 288 SCOTT BRIGHT DRIVER 5 $ 36 $ 180 MARK PICIQ.ES DRIVER 8 $ 36 $ ~ 288 $ - $ - $ - SUBTOTAL 53 0 $ 1,988 EQUIPMENT DAYS HOURS RENTAL RATE 624J 3-YARD LOADER 8 $ 59 $ 472 315 EXCAVATOR 3 $ 89 . $ 267 450 DOZER 8 $ 54 $ 432 533 CAT ROLLER 86" 4 $ 49 $ 196 TK #62 ENDU MP 5 $ 54 $ . 270 TK #22 ENDU MP 8 $ 49 $ 392 TK #12 W/ PUP 8 $ 59 $ 472 TK #72 H2O 8 $ 49 $ 392 SUBTOTAL 52 $ SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE $ .2,893 IMPORT PITRUN 313CY (Total charged on 8/6/07) ~ $ - TOTAL IMPORT SCHEDULE 7/30 - 8/6/07 2313.44CY 2.75/CY + tx $ 6,744 JB TRUCKING INV. #5005 $ 525 $ - 175CY - $ - $ - SUBTOTAL $ 7°269 CONTRACTORS NoTEs SUBTOTAL SUMMARY AMOUNT LABOR 5 1,988 EQUIPMENT RENTAL ~ 2,893 CONTRACTOR SIGNATURE PERMITS SUPPLIES & MATERIAL ~ 7,269 SUBTOTAL ~ ~ 12,150 ' PETRA OVERHEAD & PROFIT $ 1,215 PETRA SUPERINTENDENT TOTAL $ 13,365 AUG^U8^ZUU( U8:48AM hKUM' i/VORK ORDER PETRA INCORPORATED PROJECT NAME: ADDRE55: DESCRIPTION OF WORK: :ridian City NBII aavate unsultabl unsuitable ar®a. JOB # OWNER: Clty of Meridian DATE: area. 8/6/2007 LABOR MJ'S NAME OCCUPATION STANDAR HOURS D RATE OVERTIME HOUR6 RATE AMOUNT JIM OPERATOR e MATT OPERATOR 8 SCOTT OPERATOR 8 LONI CIPERATOR 8 ANDRt=W OPERATOR• 8 SCOOTER OPERATOR 5 MARK OPERATOR 6 OPERATOR • OPERATOR SUBTOTAL 83 ~ EQUIPMENT DAYS HOURS RENTAL RATE 450 DOZER S B24 LOADER 8 316 EXCAVATOR 3 CAT ROLLER 4 TK-22 6 TK-8t3 5 TK-12 8 suaroTAL SUPPLIES & MATERIAL INVOICE QUANTITIES UNITS PRICE IMPORT 313 EXPORT. 175 SUBTOTAL CONTRACTORS NOTES • SUBTOTAL SUMMARY AMOUNT LABOR EQUIPMENT RENTA4 CONTRACTOR 51GNATURE PERMITS SUPPLIES & MATERIAL SUBCONTRACTOR PETRA OVERHEAD & PROFIT P RA 3UPERINT I:NT TOTAL Received Tia~e Aug 8. 8:59AM .AUa-un-cuvr ua:~unn~ rrcum- M.1'ackha~ ~xcavati~~ lrt~,~, . 4 ~ 27 8679 S. Supply Wey * I3pl~a, ID 83716 `Phone (208) 433-0933 ' Fax ~(20S) 433-0835 JO® NAME / 6~ 1 `' DATE "'•t~°"' ,L'~' '°~ JOB NO. WEATHER: JQS ADDf~E88 SNOW CLF~4R SUPERtNTENaANT ter. FiAlN t]yERGAST~...~~ TEMPERATURE. r.~ ~ °H(GH r ~"' ° LOW MANPOWER HOUR8 EQUIPMENT ~ HQURS .~~ ~~ ~~ MATEft1Al.S RECEIVEp INVOICE # ,~,~~ T INVOICE # INVOICE # INVOICE # INVOICE # Ih1VOICE # INVOICE # INVOICE # iNVOIGE # INVOICE # ¢.'~.'~ .ao~rotf<,,,~„~'•- -~ .~.rtg ,~+A~r~ry' .8~~~~ ~.d ~.n~~°~,~ ~- 1NL7RK COMPLETED / CC?MMEN?S: ~~" i3~.~.c, ly ~~s-~s..r„~r~ ~' e..~..~"SC t-®--.~ ~~: ~,~.^.~'~x,R'' c~,.~ r' ~~ 02 ~i ~, ~~ CHANGE Oi~DERS: woT~E~ oN REVEasE aO_.'0~~~.s _--~ .~.~r~iws G..•r .•s'~w.Re ~s~,~s.~ca~ .....ay FQREMAN SIGNATURE: ?"^ Received Time Aut;• 8• 8:59A~M -~. . ..___ ._.__. _.._ -- -~-- .. _... T _ - ----- -- ----~. __ ~ ,. ~. .Y- y ~ _`' r ~ Aida Sax~c~`& Gravel - P.O. Box 15644 " • Boise, Idaho 83715 Phone: 368-0100 y Date ~ ` Job No. ~~~ ~ `~ >, ~,. ,~ - Bill to ~~~ ~ ~ P.O. No. Address ^ Cash ^ Check ^ Charge Pit Run W Reject 3/8 Chips 3/4" Pipe Bedding - Drain Rock 1 1/2". 2" Fine Scr. Sartd Masonry Sand Gas Sand 3/4 Rd. Mix Spec. Top Soil Cobble Haul Back Truck Rental ^ Pup'^ ~~ Dump Fee ~. Driver: Sales Tax ~~ Trk. No. Pit ~ ~ Delivery - Directiolis~ ~ r~~~ a+ rv"`z ~.. !%,,$ ~~.~ - ~` TOTAL r CONDITIONS: Unless otherwise arranged in writing, eadh ticket sHall~be paid in full not later than the 10th of the month following date of purchase. Purchaser agrees to pay 1 1!2 percent service charge (16 percent annual) and normal attorney and collection fees should the~eller le1vy legal acts A-to-cnllecl same shall fully obligate heirs and assigns of purchaser. ~~ l~ ~~ Our drivers will ma every a ort to places a here customer designates, but the Company assumes no responsibility for dame in~ i.~e club ors or per ~us~`or er agrees to terms of sale and accepts materials as is. v~ I~ u 1 Recd by M03CS000887M '3/07 08/27/2007 1:37:53 PM From 07/30/2007 Ta 08/OC/2007 Prad# TrxDate lnv Num 1 D' t0 10 1'0 10 10 10 10 10 10 10 10 io i0 iD 10 10 io 10 10 10 10 10 10 10 i0 i0 10 10 10 i0 i0 10 10 10 i0 T •d Job kctivity Rep rt Juh Num Hauler;# Truck# Yards Tons 1 07/3012007 123027 CITY HALL MJ001 07/30/2007 123018 CITY HALL MJOOi •07!30/2007 123006 C1TY HALL MJ001 47/30/2007 122992 CITY HALL MJ001 07/30/2007 122977 CITY HALL MJ001 07/30/2007 122961 CITY HALL MJ001 07/30/2007 122948 CITY HALL tvtJ001 (}7/30/2007 122931 CITY HALL MJ001 07!30!2007 123025 CITY HALL MJ001 07/3012007 123015 CITY HALL. MJ001 07/30/2007 122995 GITY HALL MJ001 07/3012007 122982 GIT'Y HALL MJ001 07/30/20D7 i 22960 CITY HALL MJ001 07!30/2007 122945 CITY HALL MJ001 07/30/2007 122929 CITY HALL MJ001 07/30/2007 123021 CITY HALL MJOOi 07!30/2407 123008 CITY HALL MJ001 D7/30/2007 122993 CITY HALL MJOOi 07/30/2007 122978 CITY HALL MJ0~1 07/30/2007 1229G3 CITY HALL MJ001 07/30/2007 122946 CITY HALL MJ001 07/30/2007 122930 CITY HALL MJ001 07/3(/2007 123115 CITY HALL MJ001 07/31/2007 1,23104 CITY HALL MJ001 07!31/2007 123093 CITY HALL MJOOi 07131/2007 123079 CITY HALL MJ001 07/31/2007 i 23056 CITY HALL MJ001 07/31/2007 123033 CITY HALL MJD01 07/31/2007 123111 CITY HALL MJ001 07/31/2007 123103 CITY HALL MJOD1 07/31/2007 123091 CITY-HALL MJ001 07!31/2007 123072 CITY HALL h1iJ001 07/31/2007 123050 CITY HALL MJOOi 07/31/2007 123031 CITY HALL MJ001 07131!2007 123114 CITY HALL tJCJ001 07/31/2007 123106 CITY HALL IJiJ001 ZOTO-B5E-80~ ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 CW TR 22 CW TR 22 CW TR 22 CW TR 22 C1lV TR 22 GW TR 22 CW TR 22 JB-014E JB-t)NE JB-ONE JB-ONE JB-t3NE JB-ONE JB-ONE ATLAS 98 ATLAS 98 ATLAS 38 ATLAS 98 ATLAS 98 ATLAS 98 CW TR 22 CW TR 22 CW TR 22 GW TR 22 CW TR 22 CW TR 22 JB-©NE JB-ONE 20.05 20.06 19.83 2i .20 20.43 20.18 20.08 20.94 i 6.27 i 5.94 17,08 16.26 16.34 16.90 17.03 i 6.33 18.08 17, i 8 17.30 i 8.30 16.44 i 7.26 18.03 17.14 i 6.96 15.99 16.61 17.55 17.96 17.32 15.97 15..97 16.09 17.19 16.50 15.12 29.07 29.08 28.75 30.74 29.62 29.26 29.09 30.37 23.59 23.11 24.77 23.57 23.f9 24.51 24.69 23.68 26.21 24.91 25.0$ 23.64 23.$4 25.02 26.15 24.86 24.59 23.19 24.09 25.45 26.04 25.11 23.16 23.16 23.33 24.92 23.93 2i .92 Ext Pride 55.14 55.17 54.53 58.30 56.18 55.50 55.17 57.59 44.74 43.84 46.97 44.72 44.94 46.47 46.83 44.91 49.72 47.25 T ane.~0 ~ PUES ePd Wd08 ~ z T ~.OD~ ~8 47.58 44.83 45.21 47.47 49.58 47.14 46.64 43.97 45.fi8 48.26 49.39 47.63 43.92 43.92 44.25 47.27 45.38 4i .58 ~`1 ~`d ^gl 3 n ~...~ay~ 08/27/2007 1:.37:64 PM From 07/30/2007 To 08!06/2007 Prod# TrxDate Inv Nunn ~ ~as~ ~ ~ Job Activity Rep rl< Job Nuin Hauler#~ Truck# LG~~ eu~ i I pdr, i d~ti~ Yards Tanis Ext Price 10 i0 10 10 10 i0 10 10 10 i0 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 i0 10 10 10 i0 10 07131/2007 123094 CITY HALL MJ001 07/31 /2007 123073 CITY HALL MJ001 07/31/2007 123054 CITY HALL MJ001 07/31!2007 123032 CITY HALL MJ001 08/01/2007 123194 CITY HALL MJ001 08/01/2007 123184 C1TY WALL MJ001 08/01/2007 123173 CITY HALL MJ001 08/01/2007 123186 CITY HALL MJ001 08101!2007 123157 CITY HALL MJOOi 08/01/2007 123148 CITY HALL MJ001 08/01/2007 123135 CITY HALL MJ001 08/01/2007 f 231 i 9 CITY HALL MJ001 08/01!2007 123196 CITY HALL MJ001 08/01/2007 123181 CITY HALL MJ001 08/01/2007 123171 CITY HALL MJ001 08/0112007 123184 GITY HALL MJ001 08/01/2007 123155 CITY HALL MJ001 OBlOi/2007 123142 CITY HALL MJ001 08/0 i /2007 123133 CITY HALL MJ001 08/01/2007 123118 CITY HALL MJ001 08/01/2007 13198 CITY HALL MJ00i 08101/2007 123185 CITY HALL MJ001 08!01!2007 123179 CITY HALL MJOOi 08/01/2007 123170 CITY HALL MJ001 08101!2007 123161 CITY HALL MJ001 08101/2007 123151 CITY HALL MJ001 08/01/2007 123144 C[TY WALL MJ001 08/01/2007 123138 C{TY HALL .MJ001 08/01/2007 12120 CITY HALL MJ001 08/02/2007 i 23265 CITY HALL M;J001 08!02/2007 123253 CITY HALL MJ001 08102/2007 i 23244 CITY HALL P,~J001 08/02/2007 123285 CITY HALL MJ001 08/02!2007 123226 CITY HALL MJ001 08!02/2007 123218 CITY HALL MJOOi 08/02/2007 123203 CITY HALL MJOOi 2 JB-ONE JB-ONE JB-ONE JB-ONE ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 ATLAS 97 CW TR 22 CW TR 22 CW TR 22 CW TR 22 CW TR 22 CW TR 22 CW TR 22 CW TR 22 JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE ATLAS 98 ATLAS 98 ATLAS 98 ATLAS 98 ATLAS 9'8 ATLAS 98 ATLAS 98 16.87 15.88 16.16 i 7.03 20.41 20.08 20.10 19.91 18.88 21.58 18.72 20.77 15.85 18.03 18.13 15.06 17.79 18.17 16..54 17.45 17,10 17.99 i 6.39 16.28 17,21 16.19 16,23 17.07 16.85 17.9a 18.17 18.30 18.60 i 7.60 17.94 17.83 24.48 23.03 23.43 24.70 29.60 29.12 29.14 2$.87 27.37 31.29 27.14 30.11 22.98 23.25 23.39 21.83 25.79 .26.34 23.99 25.30 24, 79 25.08 23.77 23.57 24.96 23.47 23.54 24:75 24.43 25.95 26.34 28.53 26.97 25.52 26.02 25,58 46.39 43.67 44.4 46.83 56.13 55.22 55.28 54.75 51.92 59,35 51.48 57.12 43.59 44.08 44.36 41.42 48.92 49.97 45.49 47.99 47.Oa^ 49.47 45.07 44.72 47.33 44,52 44.63 48.94 46.34 49.23 49.97 50,33 51.15 48.40 49.34 48.48 ~'al ZOTO-89E-80~ iane.~0 ~ pueS epd WdO~~ZT L00~ LZ end -- 08/27/20071: 37:54 P fvt From 07/30!2007 To 08/08/2007 ~__.~.~ Trx[)~te Inv Num • ~d~~z ~ ~ Job Aaiiv4ty Rep rt Job Num Hauler# 'fruck# ~~~,. 10 10 10 10 10 io 10 i0 10 iQ iQ 10 10 10 10 10 10 10 10 10 10 10 i0 10 10 i0 10 10 10 10 i0 10 10 10 10 10 08102/2007 123266 CITY HALL MJOOi 08/02/20Q7 123255 CITY HALL MJ001 08/0212007 123246 CITY HALL MJ001 0$10212007 123237 GIT`f HALL MJ001 08/02/2007 123230 CITY HALL MJao1 08/02/2007 123224 CITY HALL MJ001 08/02/2007 123204- CITY HALL NIJ001 08/02/2007 123270 CITY HALL MJ001 0$/0212007 123261 CITY HALL MJ001 OB/02J2007 123250 CITY HALL MJ001 08/02/2007 123239 CITY HALL MJQ01 08102/2007 123233 CITY HALL MJ001 08/02!2007 123222 CITY HALL MJ001 08/02/2007 123205 C{TY HALL MJ001 OB/02M007 123258 CITY HALL MJ001 08/02/2007 123247. CITY HALL MJDDi 08/02/2007 123267 CITY HALL MJOOi 08/0212007 123257 CITY HALL MJ001 08/02/2007 123248 CITY HALL MJ001 08/03/2007 123347 CITY HALL MJOD1 08/03/2007 123330 CITY HALL MJOQ1 08/03/2007 123317 CITY HALL MJOQ1 OB/0312b07 123303 CITY HALL MJ001 D8/03/2007 i 23291 CITY HALL MJ001 08/03!2007 123274 CITY HALL MJ001 p8/03/2007 123332 CITY HALL MJOOi 08/t73/2007 123321 CITY HALL MJ001 08/03/2007 i 23312 CITY HALL MJ001 08/D3/20Q7 123296 CITY HALL MJ00.1 GB/03/2007 123288 CITY HALL MJ001 08l03/20D7 123273 CITY HALL MJ001 08/03/2007 123336 CITY HALL MJ001 08/03/2007 123323 CITY HALL MJ001 08103!2007 123307 CITY HALL MJOOi 08/03/2007 123296 CITY HALL M.f001 08/03/2007 12327E 'CITY HALL MJ001 3 CW TR 22 CW TR 22' CWTR22 GW TR 22 CW TR 22 CW TR 22 CW TR 22 JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE JB-ONE MJ-22 END MJ-22 END MJ-62 ENQ MJ-62 END MJ-62 END CW TR 22 CW TR 22 CW TR 22 CW TR 22 CW TR 22 CW TR 22 J6-ONE J B-ON E JB-ONE JB-ONE JB-ONE Jfl-ONE fvlJ-12 DBL MJ-12 DBL MJ-12 DBL MJ-12 DBL .MJ-i2 DBL i 7.41 i 8.43 17.83 i 7.14 17.14 i 6.37 16.95 17.09 i 7.68 17.34 17.19 17.57 16.74 1 G.48 17.97. 17.39 17.02 15.90 16.92 16.55 i 4.54 14,91 18.62 15.48 15.44 15.70 17.39 16.17 15.61 15.74 17.74 22.29 22.07 22.19 22.36 24.87 E-ol 20T0-89E-BOS janeaD '~ PUeS ePt~ LL'~ d{,~Il ~aniv~v~ Yards Tons Exi Price 25.25 26.72 25.85 24.85 24.85 23.74 24.58 24.78 25.53 25.14 24.93 25.47 24.8 23.89 26.06 25.22 24.68 23.05 24.53 24, 00 21.08 21.62 24.14 22.44 22.39 22.76 25.21 23.44 22,64 22.82 25.72 32.32 32.00 32.17 32.42 36.06 47.88 50.68 49,03 47.14 47.14 45.02 46.61 47.00 48.82 47.69 47.27 48.32 45.03 45.32 49.42 47.82 46.81 43.73 46.53 4b.51 39.99 41.ao 45.71 42,57 42.46 43.18 47.82 44,47 42.93 43.29 48.79 81.30 60.69 61.02 61.49 68.39 Wd06-~T ~OOZ L~ end 08/27/20071:37:54 PM Jt~b Acfivlty Red From 07!3(7/2007 Ta 08/06/2007 Pror~# TrxDate Inv Num Job Num Hauler# Wd3Z~l 'LZ'~ au~il penfe~d~ Truck# Yards Tons Ext Price MJ-22 END MJ-22 END MJ-22 END MJ-22 END MJ-62 END MJ-62 EriD MJ-12 DBL MJ-12 DBL MJ-12 DBL MJ-12 DBL RJfJ-i2 DBL MJ-12 D6L MJ-12 DBL MJ-22 END MJ-22 END MJ-22 END MJ-22 END MJ-22 END MJ-62 END MJ-62 END MJ-62 END MJ-62 END i 5.85 16.66 15.83 i 7.56 16.68 is.s4 21.99 22.45 23.07 22.92 22.70 23.03 22.48 10 08/03/20D7 123329 CITY HALL MJ001 10 08/03/2007 123313 CITY HALL t~AJD01 i D 08/03/2007 123297 CITY HALL MJ001 10 08/03/2007 123278 CITY HALL MJ001 1 p 08103!2007 12334D CITY HALL MJ001 10 08/03/2007 123277 CITY HALL MJ001 10 08L06/2007 12344$ CITY HALL MJOOi 10 08/06/2007 123437 CITY HALL t~{JOOi 10 08/06/2007 123428 CITY HALL MJ001 10 08/06/2007 123416 CITY HALL MJ001 10 08/0612007. 123402 CITY HALL MJ001 10 08/06/2007 123390 CITY HALL MJ001 10 08106/2007 123375 CITY HALL MJ001 i 0 08/06!2007 123445 C[T'Y HALL MJ001 10 08/06/2007 123436 CITY HALL MJ001 1 D 08/06/2007 123412 CITY HALL MJ001 10 08/06/2007 123398 CITY HALL MJ001 10 08/06/2007 123376 CITY HALL MJ001 i0 08ID8/207 123447 CITY HALL MJ001 1 p 08/06/2007 123430 CITY HALL MJ001 10 08/06/2007 123418 CITY HALL MJ001 10 08/46/2007 123444 CITY HALL tViJ001 -- -> Records Found :130, Total Product Unifs :2313.44, Tons : Total CvtUnits (Yards) were :4313.44 Total Tons were :3354.36 Total Records Found were :130 4 17.46 16:14 17.40 18.08 3 7.63 15.86 18.19 17.12 i 6.97 22.69 24.16 22.95 28.46 24.1$ 24.13 31.88 32.55 33.45 33.23 32.91 33.39' 32.59 25.31 23.41 25.23 26.22 25.56 22.99 26.37 24.83 24.61 43.04 45.82 43.53 48.29 45.87 45.76 60.47 61.74 63.44 63.03 . 62.43 63.33 61,82 48.02 44.39 47.85 49.72 48.48 43:61 50.02 47.08 46.67 .36 ~ •aI BOTD-89E-BOZ jane~D '~ p~eS ePL~ WdOB ~BT 400B..GB end • September 20, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Finance Department ITEM NO. 6-B-2 REQUEST Change Order No. 1 for Petra, Inc. for Removal of Nnsuitable Soils for New City Hall Project 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 n~ yp2 y~l Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: ~~~ rxco~oaeran _.~, 1ZOCK SOL GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT September 12, 2007 Mr. Will Berg, City Clerk Mr. Keith Watts,. Purchasing Agent CITY OF MERIDIAN 33 E. Idaho St. Meridian, ID RE: Construction Management Fee Change Order Request No. 1 Gentlemen:. Enclosed is Change Order Request No. 1 for the Construction Management. Fee, General Conditions Reimbursable Expenses and Reimbursable Temporary Expenses in accordance with the Ag>^eement Between the City of Meridian and Petra IncoYpoYated, the Construction Manager of Record for the New City Fall construction project. In particular as noted in Articles 6.2.2 (a), 6.2.2 (b) and 7 fib) relative to. changes in project size, complexity and conditions. The Agreement Between the City of Meridian and Petra IncoYpoYated called for an 80,000 SF building. valued at $12.2 Million dollars for the purpose of setting the CM Fee and establishing the construction schedule. During the Site Preparation Phase, unforeseen conditions were encountered that were not part of the Owner's Request for Services nor were these conditions identified in the Owner provided subsurface exploration documentation. These conditions consisted of petroleum based products found- in the soil beginning at the South side of the old boiler house foundation and extending to the South property line. These deposits were found in multiple locations in the Southern 1/3 of the site and were anywhere from 3-0 below surface to 16-0 below surface. A narrative timeline noting the process involved with the discovery and removal of the contaminated soils is included with this letter, along with a graphical representation of the additional work and the impact to the construction schedule these contaminated soils invoked on the project. When initially uncovered, it appeared that the contaminated soils were confined to a small area corresponding to possible fuel oil storage tanks possibly located on the South side of the boiler house of the H:\PROJECTS\2006\WesWleridian City Hall\Change Order Requests\CM Fee Contaminated Soi109-12-O~.doc 1097 N. RoSARIO ST. ~ MERIDIAN, ID 83642 ~ PHONE: (208) 323-4500 ~ FAX: (208) 323-4507 WWW.PETRAINC.NET RCE-1875 CM Fee Change Order No. 1 Page 2. September 12, 2007 original creamery complex. Exploratory excavation around this fmd supported an estimate of 1,000 CY of removal required. Within just a few days after the initial contaminated soil discovery, a second pocket of "gooey dirt" was uncovered. More exploration found multiple sources of contamination that were migrating in a South to Northwest direction in the subsurface strata. Compounding this issue was the confirmation of a clay layer or lens at approximately the 16-0 below surface level that was containing the ground water below the lens and the soil contamination above the lens. Extra care was utilized in association with the Geo-technical Consultant, Terracon; the Contamination Consultant, MTI; Petra, and Ideal Demolition to first confirm that, no ground water contamination was occurring from the site due to the contaminated soil and secondly to keep the clay lens intact while the contaminated soil was removed to preserve the integrity of the protective membrane and insulate the City from creating a ground water contamination issue. The discovery of the contaminated soils and the extent of the ground water under the clay lens eventually influenced the design of the City Hall building when no entity was found that would accept the discharge of the ground water during the construction dewatering or the long term dewatering that would be required to keep the basement dry due to ground water migration. Raising the building finish floor elevation ~ four feet put the bottom of the basement floor above the clay lens and out of any ground water influence, except for normal surface water migration. This decision required re-design of the site elevations, the building, exterior elevations and the basement foundation drain, all after the Phase II-Shell and Core packages had been awarded. Upon discovery of the contaminated soils, Petra Incorporated brought Project Superintendent Jon Anderson on site a full month before he was. scheduled to start the site excavation which was to be Apri14, 2007. Jon arrived on site March 5, 2007 and began directing the contaminated soil removal. Due to the extent of the contamination and the change in design, the contaminated soil removal and correction to the site elevations began on March 12, 2007 and the last load of contaminated soil left the site on May 14, 2007. The Site Contractor for the new construction, MJ's Backhoe and Excavation, Irnc. mobilized on site on May 7, 2007 and began working on importing structural fill to replace the material removed as contaminated and removing unsuitable soils identified by Terracon, Inc. that did not meet the Geo-technical report requirements. Petra Incorporated is asking for 336 of the 380 man hours that Mr. ~~nderson spent on the Meridian City Hall project during this period of contaminated soil removal from 1VIarch 5, 2007 through May 14, 2007 managing the contaminated soil removal and well closures which were not part of the original scope of work in the Site Preparation Phase of Petra's CM agreement with the City of Meridian. In addition, Petra is asking for reimbursement for 169.5 man hours of Project Engineer time spent during this same time period of the 294 man hours spent by the Project Engineer. No request for compensation for Project Director/Manager Gene Bennett's 82.0 man -hours has been requested. In comparison the contract for the Site Preparation Phase was to include 5% of the Project Manager and Project Engineer's time. H:\PRO7ECTS\2006\WesWleridian City Hall\Change Order Requests\CM Fee Contaminated Soi109-12-07.doc ~ J CM Fee Change Order No. 1 Page 3. September 12, 2007 No Project Superintendent time was included since no extensive work was anticipated, based on the Brownsfield Report provided by the City. The additional CM Fee that is being requested is in accordance with Articles 6.2.2 (a), 6.2.2 (b) ~.nd 7 (b) due to changes in project complexity, size and conditions. The total cost for the removal of the contaminated soils, as confirmed by Meridian City Purchasing is $422,000.00 in compensation to Ideal Demolition, Inc: Petra is requesting 4.7% of the amount paid to Ideal Demolition, Inc. in additional CM Fee or $19,384.00. Since this was an unforeseen issue that could not .be anticipated and inclluded multiple participants including rIydrologic for the well closures, Terracon for soil and water testing beyond their original contract and MTI for all of the contamination testing, work plan and documentation. with IDEQ; Petra has only included the costs for the actual contaminated soil removal by the abatement contractor rather than include the costs of all of the activities that Petra was managing during that time frame. Best Re ards, ~~ Wesley W Bett r. Construction Manager Encl c: Ted Baird City Attorney's Office File H:\I'ROJECTS\2006\Wes\Meridian City Hall\Change Order Requests\CM Fee Contaminated Soil 09-12-07.doc Meridian City Hall Narrative Time Line on Contaminated Soils January 10, 2007 "Diesel smelling" soil identified South of old Boiler House location. Investigation into type of contamination and extent of area impacted begins. February 21, 2007 Contaminated Soil identified in limited azea as petrochemical, fuel oil in nature. Memo to Pubic Works Director noting do detectable water contamination and budget for Abatement Contractor to handle and process impacted product. Recommendation to the City to not spend additional money trying to determine extent of contamination. Mazch 10, 2007 Petra Superintendent Jon Anderson mobilizes to the site to manage the removal of the contaminated soil and coordinate the documentation between testing agency- and IDEQ to insure compliance with IDEQ & EPA requirements. March 12, 2007 Excavation of original contaminated soil azea underway. New contaminated source identified expanding original volume estimates by double. March 12, 2007 to May 14, 2007 Excavation and trucking of contaminated soils continues. as new dockets of source contamination aze identified. This includes the discovery, design and eventual closing of three hand dug cisterns that were filled with contaminants. The last load of contaminated soil leaves the site on May 14, 2007. Mazch 20, 2007 to April 11, 2007 Discussions with city Council regarding options relative to ground water and the designed building finish floor elevation. Decision by Council to raise finish floor elevation four vertical feet to 2610.40 generates ASI from Design Team to modify concrete design, structural steel design, exterior elevation finishes and exterior grades. April 1, 2007 Petra assigned responsibility of monitoring well closure contractor, Hydrologic, Inc, previously monitored by Public Works Department. May 7, 2007 MJ's Backhoe and Excavation, Inc. mobilizes on site to begin bringing in structural fill to replace removed contaminated soil. May I4, 2007 Ideal Demolition, Inc. closing last hand dug pit under direction of MTI. Unsuitable soils found in basement excavation area (ash & clay) directed to be removed by Terracon, Inc. May 17, 2007 Last load of contaminated soil leaves site. Removal and replacement of unsuitable soils continues. ID ~ ~ ~ Task Name 2 3 4 5 6 7 3 a POSSIBLE CONTAMINATION IDENTIFIED FUEL OIL IDENTIFED AS CONTAMINANT JON ANDERSON ON SITE TO MANAGE ABATEMENT 315 CONTAMINATED SOIL REMOVAUABATEMENT EXCAVATE BASEMENT-SCHEDULED SCHEDULED BID DATE PHASE II • 3/27 PHASE II ACTUAL BID DATE DELAY IN START OF BUILDING CONSTRUCTION ACTUAL START OF EXCAVATION SCOPE OF WORK ;~ 413 EX Task Project: CM FEE COR 1 09-12-07 r..---_-~nmary Date: Thu 9/13!07 Critical Task L Progress - ~~~~ CHANGE ORDER REQUEST No. 00001 323-45U0 ~o>`s~, iDAxo RCE-1875 G}BNFR.~ CONTRACTORS 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 TITLE: Contaminated Soils Removal DATE: 6/27/2007 PR03ECT: Meridian tray Hall 308: 060675 TO: Attn: Wes Bettis CONTIaACT NO: 1 Petra Incorporated 1097 N Rosario St Meridian, Idaho 83642 Phone:208-323-4500 Fax:208-323-4507 RE: To: From: Number: u~sci~zpTroN a>F.~'It~~rai~, ~L Addfional CM Fee ,Supervision, General Conditions and Reimbursable's during the identification, classification and removal of the contaminated soils found on site. This increase in Fee is in accordance with The Construction Management Agreement between the City of Meridian and Petra Incorporated, Articles 6.2.2 (a), 6.2.2 (b) and 7 (b) relative to Changes in project complexity, size, and conditions. Item :Description - Stock# Quaintity Units Unit Price Tax',Otate Tax Amount Net Amouinl 00001 CM Fee on Contaminated Soils 1.000 LS $19,834.00 0.00% $0.00 $19,834.00 Removal at 4.7% of $422,000 00002 Project Engineer Time during 169.500 Mnhrs $45.90 0.00% $0.00 $7,780.05 Contaminated Soils Removal 00003 Project Superintendent Time 336.000 Mnhrs $40.40 0.00% $0.00 $13,574.40 during Contaminated Soils Removal 00004 % of Contractual GC's for 1 extra 1.000 LS $11,314.00 0.00% $0.00 $11,314.00 month of services due to unforeseen conditions. Unit Cost: $52,502.45 Unit Tax: $0.00 Lump Sum: $0.00 GC markup: $0.00 Lump Tax: $0.00 Toil: $52,502.45 APPROVAL: By: Keith Watts Date: iay: Date: Wes Bettis Expedition E-MAIL MEMO Date: February 21, 2007 Via E-Mail: watsonb(a,meridiancity.org To: Mr. Brad Watson, PE From: Wesley Bettis Public Works Director City of Meridian Brad: In follow-up to our weekly progress meeting, this document is to memorialize the discussion Gene Bennett and I had with you regarding the suspected diesel fuel contaminated soil at the Meridian City Hall site. This information is relayed to you understanding that 1) the water samples pulled from the downstream groundwater test wells by Terracon came back from testing as "non-detectable" for this hydrocarbon contaminant, and 2) diesel fuel does not migrate much in these soil types, so the contamination is likely localized above the ground water. Petra secured a budget quote from Ideal Demolition, Inc for the removal of soils contaminated by diesel fuel in an ~ area of SOx50x10+/- or 1000 CY for estimate purposes. Ideal Demolition responded with a quote of $82.00/CY or $82,000 to $83,000 for this scope of work. This includes excavation, loading, covering, hauling to the EnviroSafe site in Elmore County, and the $25/Ton for EnviroSafe to abate and reclaim the soil in accordance with DEQ & EPA requirements. It is Petra's recommendation that rather than spend $14,000 or more on determining the extent of the contamination, instead the City should just start removing the contaminated soil until the Environmental Geologist checking the site a couple of time a day from a qualified Geo-technical firm gives the all clear to no more contaminated soil. This will speed-up the process, and is a more cost effective solution to the situation. If amore extensive contamination area is discovered during initial removal, exploration digging can then be performed and material removed at the same time with oversight by the Geo-Technical Engineer which will still be more cost and time efficient. Initial financial exposure to the City will not exceed $83,000 plus the T& M Geo-Technical observations and occasional soil sampling to provide confirmation of contamination removal. cc: Keith Bird, Will Berg, Ted Baird, Keith Watts, Mayor Tammy de Weerd Date: 09/07/2007 DAILY JOB COST DETAIL . Report Code: 28.71 Time: 01:54:28 PM Page: 1 Cor~any No. 1 PETRA Incorporated Printing: Open Jobs Only Job Range: Multiple Selected Phase Codes 01 thru 01 Cost Codes 410 thru.420 Transaction Date Range 02/26/07 thru 05/31/07 DATE PHASE COST CHG DESCRIPTION TRANSACTION DESCRIPTION LABOR MATERIAL MATL EQUIP EQUIP JOB COST CODE ORD HOURS UNITS CODE HOURS CODE $ Job No. 060675 Meridian City Hall ---------------------------------- 02/26/07 Ol 410 01 410 O1 420 02/27/01 Ol 410 O1 410 02/28/07 O1 410 O1 410 03/01/07 Ol 410 03/02/07 Ot 410 Ol 410 03/03/01 01 410 Ol 420 03/05/07 O1 410 01 410 01 420 03/06/07 Ol 410 O1 410 01 420 03/07/07 01 410 O1 410 03/08/07 Ol 410 03/09/07 O1 410 01 410 03/10/07 Ol 410 01 420 03/12/07 01 410 O1 410 O1 420 03/13/07 01 410 01 410 Project Manager Project Manager Project Superintendent Project Manager Project Manager Project Manager Project Manager Project Manager Project Manager Project Manager Project Manager Project Superintendent Project Manager Project Manager Project Superintendent Project Manager Project Manager Project Superintendent Project Manager Project Manager Project Manager Project Manager Project Manager Project Manager Project Superintendent Project Manager Project Manager Project Superintendent Project Manager Project Manager Eugene R. Bennett Wesley Wayne Bettis, Jr. Jon J. Anderson Eugene R. Bennett Wesley Wayne Bettis, Jr. Eugene R. Bennett Wesley Wayne Bettis, Jr. Wesley Wayne Bettis, Jr. Eugene R. Bennett Wesley Wayne Bettis, Jr. P/R PE 03/03/07 P/R PE 03/03/07 Eugene R. Bennett Wesley Wayne Bettis, Jr. Jon J. Anderson Eugene R. Bennett Wesley Wayne Bettis, Jr. Jon J. Anderson Eugene R. Bennett Wesley Wayne Bettis, Jr. Wesley Wayne Bettis, Jr. Eugene R. Bennett Wesley Wayne Bettis, Jr. P/R PE 03/10/07 P/R PE 03/10/07 Eugene R. Bennett Wesley Wayne Bettis, Jr. Jon J. Anderson Eugene R. Bennett Wesley Wayne Bettis, Jr. 4.00 5.15 4.00 4.00 5.25 4.00 4.50 3.75 4.00 4.25 2,231.44 176.42 3.00 5.75 4.00 1.00 6.25 4.00 2.00 3.50 5.75 2.00 5.25 1,827.97 352.84 3.00 5.75 8.00 1.Oo 6.25 Date: 09/07/2001 DAILY JOB COST DETAIL , Report Code: 28.71 Time: 01:54:28 PM Page: 2 Company No. 1 PETRA Incorporated Printing: Open Jobs Only Job Range: Multiple Selected Phase Codes 01 thru 01 Cost Codes 410 thru 420 Transaction Date Range 02/26/07 thru 05/31/07 DATE PHASE COST CHG DESCRIPTION TRANSACTION DESCRIPTION LABOR MATERIAL MATL E~1IP EQUIP JOB COST CAE ORD HOURS UNITS CODE HOURS CODE $ - - __ --e------_~ Job No. 060675 Meridian City Hall (continued) 03/13/07 01 420 Project Superintendent Jon J. Anderson 8.00 03/14/07 01 410 Project Manager Eugene R. Bennett 2.00 O1 410 Project Manager Wesley Wayne Bettis, Jr. 3.50 01 420 Project Superintendent Jon J. Anderson 8.00 03/15/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 5.75 01 420 Project Superintendent Jon J. Anderson 8.00 03/16/01 01 410 Project Manager Eugene R. Bennett 2.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 5.50 03/17/07 01 410 Project Manager P/R PE 03/17/07 01 420 Project Superintendent P/R PE 03/17/01 03/19/07 01 410 Project Manager Eugene R. Bennett 2.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.00 01 420 Project Superintendent Jon J. Anderson 8.00 03/20/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.25 01 420 Project Superintendent Jon J. Anderson 8.00 03/21/07 01 410 Project Manager Eugene R. Bennett 2.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 5.25 01 420 Project Superintendent Jon J. Anderson 8.00 03/22/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 4.75 01 420 Project Superintendent Jon J.. Anderson 8.00 03/23/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 5.50 01 420 Project Superintendent Jon J. Anderson 8.00 03/24/01 01 410 Project Manager P/R PE 03/24/07 01 420 Project Superintendent P/R PE 03/24/07 03/26/07 01 410 Project Manager Eugene R. Bennett 2.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 5.75 01 420 Project Superintendent Jon J. Anderson 8.00 03/27/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 5.75 01 420 Project Superintendent Jon J. Anderson 8.00 03/28/01 01 410 Project Manager Eugene R. Bennett 2.00 1,840.06 1,411.42 1,614.15 1,764.30 Date: 09/07/2007 .DA ILY JOB COS T D ETAIL Report Code: 28.71 Time: 01 :54:28 PM Page: 3 Company No. 1 PETRA Incorporated Printing : Open Jobs Only Job Range: Multiple Selected Phase Codes 01 thru 01 Cost Codes 410 thru 420 Transaction Date Range 02/26/07 thru 05/31/07 DATE PHASE COST CHG DESCRIPTION TRANSACTION DESCRIPTION LABOR MATERIAL MATL EQUIP EQUIP JOB COST CODE ORD HOURS UNITS CODE HIX1RS CODE $ Job No. -------- 060615 Meridian City Hall ---------------------------------------- (continued) ------- 03/28/O7 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.00 01 420 Project Superintendent Jon J. Anderson 8.00 03/29/07 Ot 410 Project Manager Wesley Wayne Bettis, Jr. 5.25 01 420 Project Superintendent Jon J. Anderson 8.00 03/30/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.25 01 420 Project Superintendent Jon J. Anderson 8.00 03/31!07 01 410 Project Manager P/R PE 03/31/07 1,400.34 01 410 Project Manager P/R PE 03/31/01 273.06 01 420 Project Superintendent P/R PE 03/31/07 1,764.30 04/02/07 01 410 Project Manager Eugene R. Bennett 4.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.75 01 420 Project Superintendent Jon J. Anderson 8.00 04/03/07 01 410 Project Manager Eugene R. Bennett 7.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.25 01 420 Project Superintendent Jon J. Anderson 8.00 04/04/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 1.25 01 420 Project Superintendent Jon J. Anderson 8.00 04/05/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.25 01 420 Project Superintendent Jon J. Anderson 8.00 04/06/07 01 420 Project Superintendent Jon J. Anderson 4.00 04/07/07 01 410 Project Manager P/R PE 04/07/07 2,074.34 01 420 Project Superintendent P/R PE 04/07/07 1,587.87 04/09/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.87 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.84 01 420 Project Superintendent Jon J. Anderson 8.00 04/10!07 O1 410 Project Manager Eugene R. Bennett 7.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.27 O1 420 Project Superintendent Jon J. Anderson 8.00 04/11/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.40 01 420 Project Superintendent Jon J. Anderson 8.00 04/12/07 O1 410 Project Manager Wesley Wayne Bettis, Jr. 6.67 Date: 09/07/2007 .DAILY JOB COST DETAIL ` Report Code: 28.71 Time: 01:54:28 PM Page: 4 Company No, 1 PETRA Incorporated Printing: Open Jobs Only Job Range: Multiple Selected Phase Codes 01 thru 01 Cost Codes 410 thru 420 Transaction Date Range 02!26/07 thru 05/31/07 DATE PHASE COST CHG DESCRIPTION TRANSACTION DESCRIPTION LABOR MATERIAL MATL EQUIP E~IIP JOB COST CODE ORD Ha1RS UNITS CODE HOURS CODE $ Job No. 060675 Meridian City Hall (continued) ------------------------------------------------------- 04/12/07 01 420 Project Superintendent Jan J. Anderson 8.00 04/13/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.00 01 420 Project Superintendent Jon J. Anderson 8.00 04/14/07 01 410 Project Manager P/R PE 04/14/07 O1 420 Project Superintendent P/R PE 04/14/07 04/16/07 01 410 Project Manager Eugene R. Bennett 4.00 O1 410 Project Manager Wesley Wayne Bettis, Jr. 6.00 01 420 Project Superintendent Jon J. Anderson 8.00 04/17/07 01 410 Project. Manager Eugene R. Bennett 2.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 6.75 01 420 Project Superintendent Jon J. Anderson 8.00 04/18/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.50 01 420 Project Superintendent Jon J. Anderson 8.00 04/19/07 O1 410 Project Manager Wesley Wayne Bettis, Jr. 6.25 01 420 Project Superintendent Jon J. Anderson 8.00 04/20/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 8.00 01 420 Project Superintendent Jon J. Anderson 8.00 04/21/07 01 410 Project Manager P/R PE 04/21/07 01 420 Project Superintendent P/R PE 04/21/07 04/23/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.00 01 420 Project Superintendent Jon J. Anderson 8.00 04/24/07 01 410 Project Manager Eugene R. Bennett 1.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 4.25 01 420 Project Superintendent Jon J. Anderson 8.00 04/25/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.50 01 420 Project Superintendent Jon J. Anderson 8.00 04/26/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.50 01 420 Project Superintendent Jon J. Anderson 8.00 04/27/01 01 410 Project Manager Wesley Wayne Bettis, Jr. 7.00 01 420 Project Superintendent Jon J. Anderson 8.00 2,126.89 1, 764.30 2,073.08 1,164.30 Date: 09/07/2007 .DAI LY JOB COS T D ETAIL • Report Code: 28.71 Time: 01 :54:28 PM Page: 5 Company No. 1 PETRA Incorpora ted Printing : Ope n Jobs Only Job R ange: Multiple Selected Pha se Codes 01 thru 01 Cost Codes 410 thru 420 Tra nsaction Date Range 02/26/07 thru 05/31/07 _a~~ ~eeaa~ra° - - DATE PHASE COST GHG DESCRIPTION TRANSACTION DESCRIPTION LABOR MATERIAL MATL a=- EQl1IP EQUIP JOB COST CODE ORD HOURS UNITS CODE IiIX1RS CODE $ Job No. -------- 060675 Meridian City Hall ----------------------------------------- (continued) ------ 04/28/O7 Ol 410 Project Manager P/R PE 04/28/07 1,612.87 01 420 Project Superintendent P/R PE 04/28/07 1,742.55 04/30/07 01 410 Project Manager Eugene R. Bennett 4.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 5.00 01 420 Project Superintendent Jon J. Anderson 8.00 05/01/07 01 410 Project Manager Eugene R. Bennett 1.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 1.00 O1 420 Project Superintendent Jon J. Anderson 8.00 05/02/01 01 420 Project Superintendent Jon J. Anderson 8.00 05/03/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 2.00 01 420 Project Superintendent Jon J. Anderson 8.00 05/04/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 1.00 01 420 Project Superintendent Jon J. Anderson 8.00 05/05/07 01 410 Project Manager P/R PE 05/05/07 781,84 01 420 Project Superintendent P/R PE 05/05/07 1,742.55 05/07/07 01 410 Project Manager Eugene R. Bennett 4.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 3.75 01 420 Project Superintendent Jon J. Anderson 8.00 05/08/07 01 410 Project Manager Eugene R. Bennett 2.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 3.00 01 420 Project Superintendent Jon J. Anderson 8.00 05/09/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 4.00 01 420 Project Superintendent Jon J. Anderson 8.00 05/10/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 4.00 05/11/07 01 410 Project Manager Wesley Wayne Bettis, Jr. 8.00 01 420 Project Superintendent Jon J. Anderson 8.00 05/12/07 01 410 Project Manager P/R PE 05/12/07 1,513.51 O1 420 Project Superintendent P/R PE 05/12/07 1,394.04 05/14/07 01 410 Project Manager Eugene R. Bennett 4.00 01 410 Project Manager Wesley Wayne Bettis, Jr. 8.00 Date: 09/07/Z007 .DAILY JOB COST DETAIL ` Report Coder 28.71 Time: 01:54:28 PM Page: 6 Company No. 1 PETRA Incorporated Printing: Open Jobs Only Job Range: Multiple Selected Phase Codes 01 thru 01 Cost Codes 410 thru 420 Transaction Date Range 02/26/07 thru 05/31/07 DATE PHASE COST CHG DESCRIPTION TRANSACTION DESCRIPTION LABOR MATERIAL MATL EQUIP E~IIP JOB COST CODE ORD HOURS UNITS CODE HOURS CODE $ Job No. 060615 Meridian City Hall (continued) ------------------------------------------------------- 05/14/07 Ol 420 05/15/07 01 410 Ol 410 O1 420 05!16/07 01 420 OS/17!07 O1 410 Ol 420 05/18/07 O1 410 O1 420 05/19/07 O1 410 01 420 05/21/07 O1 410 O1 410 O1 420 05/22/07 Ol 410 O1 420 05/23/07 O1 410 01 420 05/24/07 01 410 O1 420 05/25/07 O1 410 Ot 420 05/26/07 O1 410 O1 420 05/28/07 01 420 OS/29/Ol 01 410 01 410 01 420 Project Superintendent Project Manager Project Manager Project Superintendent Project Superintendent Project Manager Project Superintendent Project Manager Project Superintendent Project Manager Project Superintendent Project Manager Project Manager Project Superintendent Project Manager Project Superintendent Jon J. Anderson Eugene R. Bennett Wesley Wayne Bettis, Jr. Jon J. Anderson Jon J. Anderson Wesley Wayne Bettis, Jr. Jon J. Anderson Wesley Wayne Bettis, Jr. Jon J. Anderson P/R PE 05/19/07 P/R PE 05/19/07 Eugene R. Bennett Wesley Wayne Bettis, Jr. Jon J. Anderson Wesley Wayne Bettis, Jr. Jon J. Anderson Wesley Wayne Bettis, Jr. Jon J. Anderson Wesley Wayne Bettis, Jr. Jon J. Anderson Wesley Wayne Bettis, Jr. Jon J. Anderson P/R PE 05/26/07 P/R PE 05/26/07 Jon J. Anderson 8.00 4.00 ~ 8 z . ~ vxn ~,-s 8.00 z ~ ~ 0 5 ,K.~~~s 8.00 8.00 _ 3 ~j p ft r s• 8.00 8.00 8.00 8.00 2,094.09 1,742.55 4.00 8.00 8.00 8.00 8.00 6.00 8.00 2.00 5.00 2.00 8.00 1,530.06 1,611.85 8.50 Project Manager Project Superintendent Project Manager Project Superintendent Project Manager Project Superintendent Project Manager Project Superintendent Project Superintendent Project Manager Project Manager Project Superintendent 05/30/07 01 410 Project Manager Eugene R. Bennett Wesley Wayne Bettis, Jr. Jan J. Anderson Wesley Wayne Bettis, Jr. 4.00 1.75 7. SO 3.00 • • September 20, 2007 Depc~rfment Reports MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Planning Department ITEM NO. 6-C-1 REQUEST Joint Meeting with Ada County Hiahwav District Items fnr nr-tr,hP~ ~ ~nm• 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. City Council Regular Meeting Agenda Tuesday, September 25, 2007 ~ ~c~~~~ CEP 2 ~ 2007 tidy of 1~Setidiar~ 6. Department Reports pity ~lcrk Office C. Planning Department 1. Joint Meeting with Ada County Highway District Items for October 1, 2007 SITUATION: There aze more discussion items on the Joint Meeting Agenda than time permits. Some items need to come off to allow for full discussion of selected items. • ACTION REQUESTED: Provide guidance as to which items should be included on upcoming ACRD Joint Meeting Agenda. Items currently proposed for discussion are: 3`d Street Extension Study: At the September 11 Pre-Council Meeting, Council directed staff to work with MDC and the consultant to finalize the scope and produce cost estimates for the study. MDC, city staff, and the consultant met to iron out the details, and staff anticipates receiving the scope and cost estimates next week. Recommendation: Remove -not enough info available at this time. Ustick/Linder Intersection: The construction of this intersection was previously programmed for 2008. The adopted FY 2008 - FY 2009 ACHD Budget delays construction unti12009; and cost overruns in 2009 will lead to delay of some projects. Recommendation: Remove -include important points in conversation about Alliance and Future Funding. - Use of STP-TMA Funds: ACHD Commission has discussed recommending changes to use of these funds; the decision rests with the COMPASS Board. Sub-Conversation on Franklin projects. Recommendation: Remove -wait for ACRD to spark the conversation. - Alliance and Future Funding of Roadway Projects: Update on anticipated timeline for Alliance proposed by ULI. Urge ACHD to begin discussions about expanding revenue to avoid annual budget crisis. Recommendation: Include -raise concerns about delay of Ustick/Linder Intersection and other azea projects at this time. - Commercial Lane Extension: Discuss issues surrounding the connection of Commercial Lane from Eagle to Locust Grove. Recommendation: Remove -details can be discussed at the staff level, and staff can report back with a formal recommendation. Overland Road Realignment: Update on recent ACHD action relating to this roadway. Discussion of next steps. Recommendation: Include • - Split Corridor Landscaping: Request by MDC to discuss landscaping plan for the Corridor. Recommendation: Include - Joint Effort on RegionaUState Issues: Discuss ongoing need to join together in guiding and supporting ITD toward GARVEE and Ten Mile Interchange. Recommendation: Remove -discuss at next Joint Meeting, closer to Legislative session. - Roundabouts: Discuss roundabout v. intersection in Meridian Gateway. Recommendation: Council Discussion Needed -project specific explanation is attached. Council workshop on all things related to roundabouts is in the works. • To: Lori Den Hartog, Ada County Highway District 3775 Adams Street, Garden City, !D 83714 Fram: Bryan Foote, PE Date: June 18, 2007 ~J HC)R.ROCKS E N G I N E E R. S Memorandum Subject; !d. Monivue Drive / E. Louise lnte-~section in Proposed Gateway Development, the City of Meridian 'The purpose of this memorandum is to describe Horrocks Engineers' traffic operations and recommendations for the intersection configuration of E. Louise Drive and Montvue Street inside the proposed Gateway Development. This memorandum has been prepazed in response ~ ACHD's letter dated May 23, 2007 requesting further analysis of this intersection. Horrocks Engineers, who prepared the traffic study, has also been retained as the design engineers for the project. The two proposed streets that will service the Gateway development aze E. Louise Drive and N. Montvue Drive. E. Louise and Montvue are 40 feet wide, from back of curb to back of curb. E, Louise will be bounded by Eagle Road on the west and tie back into the existing E, Louise on the east end of the development. Montvue is bounded by Franklin Road on the north and E. Louise on the south. Access to Eagle Rd. is limited to right-in right-out movements. Access to Franklin Rd. is a'1~ access-meaning that the left turn out is prohibited, all other movements are allowed. At the hearing for the preliminary plat, Meridian City Council requested that this intersection be designed as a roundabout contrary to the "T-intersection," as shown on the elimin ACRD staffhas verbally expressed concern with a roundabout at this location. Fromm ours discussions with ACRD staff on this issue, it is our understanding that the primary concern is "cut-through" traffic off Eagle Road, North bound traffic on Eagle Road, desiring to turn right on Franklin Road, could use the Montvue to E, Louise .Drive to bypass the busy intersection of Eagle anal Franklin. With. relatively low traffic volumes at the N. Montvue / E. Louise intersection., the roundabout would offer very little resistance to "cut-though" traffic. 'This memo provides a summary of our analysis of the possible intersection configurations and recommendations to best service traffic needs and specific concerns expressed by ACRD, Two intersection configurations were analyzed for the three leg intersection of E. Louise and Montvue: one, an All-Way-Stop-Control (AWSC) and two, a full roundabout. The volumes of expected traffic during peak pm conditions are labeled in the figure below. Models of the expected traffic show the AWSC to have a higher delay than the roundabout. The AWSC intersection creates 4.8 seconds of delay per vehicle, while the roundabout creates only 2.$ seconds per vehicle. Both intersection configurations operate at a level of service (LOS) A. The T-intersection with AWSC represented in the figure below is recommended, 'This is because in our opizuan, the AWSC creates a more desired amount of traffic ca,~nirg than the roundabout, limiting the appeal to "cut-through" traffic, The AWSC intersection would be constructed with a "STOP" sign and a supplementary "ALL WAI"' sigh posted at each. One West Main Street P.O. Box 377 American Fork, t1T &1003 Telephone (801 j 763-5100 .. intersection approach. The AWSC intersection will operate at LOS A. Full pedestrian movement will be provided within the site. Pedestrian access will be accommodated for by installing wheelchair access ramps and textured pavement with crosswalk .markings crossing each leg of the intersection. If You have any questions, feel free to call me. __~~ ~,~~ -_. ~. -~ v. _ ~~-~ ~~ ~~:~ ;~`;> CC: Tommy Ahlquist, Garner Ahlquist Development Ron Mortimer, Horrocks Engineers Kelly Hoopes, Horrocks Engineers Amanda Ness, City of Meridian Planning Dept Caleb Hood, City of Meridian Planning Dept ~~ ' y~ ~ I f I I i ~i ~ ~~ ~ I f ~ •f s i i ~'~~8~a{~ . i I ~~ ~ ~ i ., ii ~~~~~ I t ~s~- I • • September 20, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Legal Department ITEM NO. 6-D-1 REQUEST Red Cloud /Mountain View Hiah School Access: 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 Cffy of Meridian. COMMENTS ~,r'p'~ r~ Yac ~ I~~l U • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. $ REQUEST Tabled from September 18, 2007: Idaho Power Company Update by Layne Dodson: 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 meeflngs shall become property of the Cify of Meridian. Legend ~ `1 ~ ~ Substations O <alI other values> LOOP f ,~ , ~ .1 .<, • SOURCE [J. ~=-~°~ Anal sis 230kV y _ • ~~~~ Railroads O EXIS • W~@ TING LO 138kVLines ~ ar C r _~'~ i. ~ ~~ ~ ~ 1_. u. ~' '~g ~-~ ~~ --~~- -P--.-.--.~- - -~ ~~.~ Cl~: _• • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. B REQUEST Tabled from September 18, 2007: Idaho Power Company Update by Layne Dodson: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Dave Evans Construction ITEM NO. 9 REQUEST Request for Reconsideration for Any Time Fitness by Dave Evans Construction: AGENCY COMMENTS CITY CLERK: See Atfached Request for Reconsiderafion CITY ENGINEER: CITY PLANNFNG 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 CNy of Meridian. September 20, 2007 AP 07-008 MERIDIAN CITY COUNCIL MEETING September 25, 2007_ APPLICANT Dave Evans Construction ITEM No. 1 ~ REQUEST Findings for Denial -Request for City Council Review for an Appeal of the P&Z Comm. Decision limiting the hours of operation from S:OOam to 11:OOpm for Anytime Fitness located in an L-O zone in Sundance Sub No. 5 - 3220 N. Meridian Road AGENCY COMMENTS CITY CLERK: See Previous Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: ' NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Request for Reconsideration Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. September 20, 2007 CUP 07-015 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Dave Evans Construction ITEM NO. 11 REQUEST Findings for Approval -- Request for a Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness - 3220 North Meridian 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: See Previous Item Packet MERIDIAN POST OFFICE: OTHER: See Attached Request for Reconsideration Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. ~ Z REQUEST Public Hearing: MDC Proposed Fees in Lieu of Parking Policy: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Public Hearing Notice ~,~ n~ ~ P~P"~ Date: Phone: Emailed: Staff Initials: Materials presented at publ(c meetings shall become property of the City of Mertdian. • CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, September 25, 2007, for the purpose of reviewing and considering Meridian Development Corporation's proposal for Fees in lieu of Parking. A more particular and specific description of the above proposed new fees is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to It~e hearing. _ e~\\e\,e'~o~~~~i dlUderes,~®/i DATED this 13th day of September, 2007. ~ ~. ®? ,( ~® WILLIAM G. BERG, J ., ~I ERK ~ _ PUBLISH 17~' and 24~" of September, 2007. ~ ~, ~.~~ ~ ;' ~ '~ r 4 s~ ~ ~ .~ 9P ~ ~ \~~\ ~e ®®g~ -g /~O~dd 11 B~P~ ~~0~~~~,1, \, ~l~C~s~ ~o~~ ,~~/ J~i~h-G~ c /~~~~~C~ _ ~~~~~~/~ ~ ~ CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, September 25, 2007, for the purpose of reviewing and considering Meridian Development Corporation's proposal for Fees in lieu of Parking. A more particular and specific description of the above proposed new fees is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior heanng bove hearing date so that all interested parties may examine them prior to14~~e!!!!`fe DATED this 13th day of September, 2007. ~ ~. '~ ~°-~ ~a - °. ,t~ ~~ WILLIAM G. BERG, J ., ~I ~ ERK . ~ _- PUBLISH 17~' and 24~' of September, 2007. ~~' P ! ~ `,` J ` B !!/!l,'!ti 7iill~~', CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE September 25, 2007 ITEM # 12 PROJECT NUMBER PROJECT NAME MDC Proposed Fees in Lieu of Parking Policy PLEASE PRINT NAME FOR AGAINST NEUTRAL ~,/ ~ ~ _ -, September 20, 2007 FP 07-026 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Treehaven, LLC ITEM NO. 14 REQUEST Tabled from September 18, 2007 -Request for Final Plat approval for 140 single-family building lots 8~ 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision -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: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes See attached email from Public Works Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C October 26, 2007 IN THE MATTER OF THE APPLICATION OF TREEHAVEN, LLC FOR FINAL PLAT APPROVAL OF 140 SINGLE-FAMILY LOTS AND Z1 COMMON LOTS ON 89.70 IN R-2, R-8, R-15, AND C-N ZONES LOCATED AT 4042 W. CHINDEN BOULEVARD IN T. 4N., R. W. , SECTION 22 CASE NO. FP-07-026 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 26, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 26, 2007, to the Mayor and Council, and the Council having considered the requirements of the preluninary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Piat of"PLAT SHOWING JAYKER SUBDIVISION NO.1 LOCATED IN T. 4N., R. 1 W., SECTION 22, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 102/12/07, SHEET 1 OF 12, BROKAW ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JAYKER SUBDIVISION NO. 1 / (FP-07-026) Page 1 of 4 SURVEYING & MAPPING, LLC", TREEHAVEN, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 26, 2007, listing 21 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 15 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto mazked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the response letter from RiveRidge Engineering Company, a true and correct copy of which is attached hereto mazked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the response letter from the Meridian Fire Department, a true and correct copy of which is attached hereto mazked Exhibit "C" and consisting of 3 pages, and by this reference incorporated herein and the response letter from Intermountain Gas Company, a true and correct copy of which is attached hereto marked Exhibit "D" and consisting of 1 page, and by this reference incorporated herein and the additional requirements of the Council taken at their October 26, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities aze submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JAYKER SLBDTVISION NO. 1 / (FP-07-026) Page 2 of 4 of Health and Welfaze, Division of Environmental Quality for central sewage and central water; thatrun-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stortnwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepazed by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions aze approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guazanteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAI~NGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JAYKER SLBDTViSION NO. 1 / (FP-07-026) Page 3 of 4 request for a regulatory takings analysis will toil the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after tine date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of ~~_}('~~E'X" , 2007. ATTEST: G. BERG, Copy served upon: Zvi h day uunii / ~~,~~~ , ~.~`~ ~ ~ AYOR T de WEERD .~` ~'~ ~. i ~~~ JR. G ~=,CL ,~, 1~~ '~ ~ .`. / Applicant ~ Planning Department Public Works Department ,/ City Attorney Dated: l2- 3'~1 ity Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JAYKER SUBDIVISION NO. 11(FP-07-026) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Meeting Date: October 23, 2007 Transmittal Date: October 18, 2007 ~ : E . IDIA.1 LDAIIQ , TO: Mayor and City Council FROM: I{risty Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator ~_ j 208-898-5500 SUBJECT: Jayker Subdivision No. 1 Request for Final Plat Approval of Jayker Subdivision No. 1 Consisting of 140 Single-Family Building Lots and 21 Common Lots on 89.70 Acres in R-2, R-8, R-15, and C N Zoning Districts by Treehaven, LLC (File# FP-07-026). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SIJNIlVIARY & LOCATION The applicant, Treehaven, LLC, has applied for final plat approval of 140 single-family building lots and 21 common lots on 89.70 acres of land for Jayker Subdivision No. 1. The zoning districts for the proposed subdivision are R-2 (Low-Density Residential District), R-4 (Medium-Density Residential District), R-1 S (Medium High-Density Residential District), and C-N (Neighborhood Business District). Jayker Subdivision No. 1 is located at 4042 W. Chinden Boulevard, approximately a %z mile west of Ten Mile Rnad on the north side of Chinden Boulevard in Section 22, 'I'. 4N., R. 1 W. This property has not been previously platted. The City Council approved the preliminary plat for Jayker Subdivision on March 27, 2007. The submitted final plat substantially complies with the approved preliminary plat. The proposed final plat includes one lot within the C N zone, Lot 1 Block 23, which is a common lot on the west side of N. Tree Farm Way and is a required 20-foot wide landscape street buffer for N. Tree Farm Way. Also, a community center amenity will be constructed on Lot 1, Block 1 and will include the following: club house, swimming pools, outdoor play areas, kitchen, and exercise facilities. Staff recommends approval of Jayker Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved, development agreement (106151218), annexation (AZ-06-004), preliminary plat (PP-06-058), and miscellaneous applications (MI-06-011 and MI- 07-004) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 03/27/09, the Final Plat approval for this subject phase shall expire. Exhibit "A" FP-07-026 Jayker Subdivision No. 1 FP.doc PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Graphically depict on the face of the plat, a 10-foot wide public use easement along Chinden Boulevard for the multi-use pathway. Graphically depict on sheet 5 and sheet 8 the 20 foot sewer easement "centered" on the sewer line. 6. The trees located within the HLE areas and the cul-de-sac lots shall be removed where sanitary sewer services aze located. 7. Any easement associated with Basco Lane shall be vacated prior to signature of the final plat by the City Engineer. 8. The applicant shall enter into a license agreement with the transportation authority for the landscaping within the unimproved right-of--way along Chinden Boulevard. The applicant shall provide a copy of the license agreement to the Planning Department prior to signature of the final plat by the City Engineer. If a license agreement with the transportation department cannot be obtained the trees and shrubs within the preserved right-of way shall be relocated to Lot 1, Block 16. 9. Per the Meridian Fire Department two emergency access roads shall be constructed. Both of these secondary access roads shall be designed to meet al°1 Fire Department standards. An emergency access easement shall be graphically depicted on the face of the final plat. 10. The subject final plat shall be recorded prior to issuance of any Certificate of Zoning Compliance or building permits on this site. 11. All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that shaze a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 12. Revise or add the following note(s) on the face of the plat prepared by Brokaw Surveying and Mapping, LLC, stamped on 10/12/07 by Delson D. Brokaw, prior to signature of the final plat by the City Engineer: 7.) Revise to read "... lines. A wee-F3} five 5 foot wide ...." *.) Add a note addressing the maintenance responsibilities of the landscaped areas within the Home Owners Association landscape (HLE) easements. *.) Add a note addressing the maintenance responsibilities of the 20-foot wide common driveway and public utilities (CDE) easements. *.) Add a note addressing the maintenance of Lot 2, Block 23 (should be Treehaven, LLC). *.) Add a note "All properties that abut a common driveway shall take access from the driveway." Exhibit "A" FP-07-026 Jayker Subdivision No. 1 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT *.) Add a note, "This plat is subject to a development agreements recorded as instrument numbers 106151218, 1070255555, and 107141993 of Ada County Records." *.) Add a note, "All lots aze hereby designated as having a permanent public utilities and drainage easement Ten (10) feet adjacent to any rear lot line, subdivision boundary or public right of way. This easement shall not preclude the construction of hazd surface driveways and wallcways to each lot." *.) Add a note, "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." *.) Add a note, "Lot owners are responsible for maintenance of any irrigation/drainage pipe or ditch crossing their lot unless such responsibility is assumed by an irrigationldrainage entity." 13. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated from the site. 14. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 15. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Peruneter fencing shall be installed prior to release of building permits for this subdivision. 16. The landscape plan, prepazed by I)TJ Design and dated 10/15/07 is approved-with the following changes: a. The landscaping and associated improvements on Lots 19 -23 Block 1, Lot 18 Block 11, and Lot 1 Block 4 shall be constructed with phase 1. Revise the limit of work line on the plan accordingly. b. Include a plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class, and comments (for spacing, staking, and installation as appropriate). c. All common open spaces should contain grass, shrubs, and other vegetative groundcover, revise plan accordingly. There aze several ACRD drainage easements on this site. These areas do not currently show sand, they show grass, trees, shrubs, etc. The Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand azea does not count towazd the City of Meridian's open space requirements. Other provisions to meet the City's vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand (see Condition 18 below). d. Label all fencing (i.e. stone wall, board form concrete wall, etc.) on the plan. e. Fencing adjacent to the micropath lot shall be constructed per the standards set forth within the UDC. f. The amenity ponds shall be designed per UDC 11-3B-9C6 (See comment c above and Condition 18 below). g. Depict and construct a 10-foot wide gravel shoulder on Chinden Boulevazd abutting the site, with the remaining portion of the right-of--way landscaped with lawn or other vegetative groundcover (Landscaping improvements within the right-of--way shall require a license agreement between the property owner and the Transportation Authority -see Site Specific Condition No. 8). h. The 20-foot wide buffer adjacent to N. Tree Farm Way is a subdivision improvement and shall be constructed oil both sides of the road prior to occupancy of the first building. Exhibit "A" FP-07-026 Jayker Subdivision No. 1 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT The amenities and landscaping for Lot 1, Block 1 are not approved with this final plat, they will be reviewed with the individual CZC. A Certificate of Zoning Compliance {CZC) is required prior to issuance of building permits for the community center and supporting facilities located on Lat 1, Block 1. The irnprovements shall be constructed and ready for occupancy prior to the issuance of the 200` building permit for the development. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the j~nal plat by the City Engineer. Said pdan shall be consistent with the changes listed above. 17. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 18. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 19. The complete extension of the Black Cat Sewer Trunk Line servicing the Jakers project is required to be installed, inspected and accepted by the City of Meridian prior to applying for building permits. 20. No sewer discharge shall be permitted to the Black Cat trunk line until the Black Cat lift station is complete and all plant upgrades have been installed. The City Engineer will have the fmal determination when all plant upgrades are complete and the plant has capacity to function. 21. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways (also excluding the Phyllis Canal), that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be 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. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. Exhibit "A" FP-07-026 Jayker Subdivision No. 1 FP.doc PAGE 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape pl~nn. 6. 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. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 14. 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. 15. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. STAFF RECOMMENDATION Exhibit "A" FP-07-026 Jayker Subdivision No. 1 FP.doc PAGE 5 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT Staff recommends approval of the final plat for Jayker Subdivision No. 1 {FP-07-02~ with the above stated comments and conditions. FP-U7-026 Jayker Subdivision No. 1 FP.doe Exhibit "A" PAGE 6 ~ ~ ° ~}~ ~ ~ { ~ ~ ~ it i~ ~ .. ~ ~ } ~ ~ ~ ~ - i. ` 1 1 ~ ~ ' ` ~ ~ ~ ~ '~ f< ay' ' 1 S i 1 1 :~ ~ , ` ~ < £ , 1 ±~ ~ 1'~ ~ did i' ~ 5~ ~.: , ltiveltidge /~ Engineering , ` /~ Company , October 25, 2007 ICristy Vigil City of Meridian Planning Department 660 E. Watertower Lane Suite 202 Meridian, ID 83642 1tE: Jayker Subdivision -Phase 1 Dear Kristy, We have received and reviewed the final staff report for the referenced project, rcccived October 25, 2007. The applicant is in agreement and supports the conditions of approval contained in the staff report with the following exceptions. SITE SPECIFIC CONDITIONS 9. Per the Meridian Fire Department two emergency access roads shall be constructed. Both of these secondary access roads shall be designed to meet all Fire Department standards. An emergency access easement shall be graphically depicted on the face of the final plat. It is understood that thfs condition is an excerpt from the Development Agreement and that the first emergency access is required prior to fssuance of the Sin building permit. The second emergency access is required to specifically serve the W. Old Gold Drive (previously known as Siiversage Drive) area of the development prior to issuance of the 51~` building permit for the area served by W. Old Gold Drive. 12. Revise or add the following note(s) on the face of the plat prepazed by Brokaw Surveying and Mapping, LLC, stamped on 10/12Jfl7 by Delson D. Brokaw, prior to signature of the final plat by the City Engineer: Second *.) page 3. Add a note, "All lots are hereby designated as having a permanent public utilities and drainage easement Ten (10) feet adjacent to any rear lot line, subdivision boundary or public right of way. This easement shall not preclude the construction of hard surface driveways and walkways to each lot." Staff has fndicated that this note is not required because all required easements are depicted on the plat. This condition can be removed. 3046 S. Bown Way • Boise, ID 83706 208 344-1180 • Fax: 208 344-1182 Exhibit °B" ~2 Thank you for your help with the processing of the plat. Please let me know if you have any further comments. )harry S. Se plh, P.E. Project ager RiveRidge Engineering Company cc: Treehaven, LLC Scott Steckline, City of Meridian Public Works Enin~~ •t;• t r ' 9 i' ,. \I.11,+x I ~~t~n' ul 11 r, xu ,I, n i ~ +x I „~ hl III11~11<n 131 It U I II:I C~+~~1\II>~lu\I R~ Itll'FI +.Ri l (ix LI vl II xN~ I.I:I(.1IIc1\ _. . .+:..J . rl,vu, , t :~1'l"1~I'I)T~-i:N ;~~I'!Z2:' '!~'£J'.'~t1:'T'~t•1'l:N•I Date TO: FROM: SUBJECT: August 28. ?007 Ada County Development Ser\•ices .loseph Sil1'a. Deputy Chief. Fire Prevention Jayker Suhdi\•ision #1 Comments File FP 07-0?6 ('I•III I )I i+l' i ~ l'~Iti I \t•u;ti \u w ~ 1 3 )l l'1_ 11' l'1,111 I • I Iltl ~ ~h;l \ I_\ I x ,\ I)i;hi!I~ (1111 i,- Ir ~~~I~i. 13n I .h,lrv.,,~ ;.lu I awl I•r:ul6lin R„a+l The follolying 1yi11 be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: I) Final Approval of the fire hydrant locations shall be by the Meridian 1'irc Department. a. Fire Hydrants shall bare the ~ '/~ 'outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street \~'hich defies not bare addresses on it. c. Fire hydrant markers shall be pro\•ided per Public Works specitirations. d. Fire Hydrants shall be placed on corners lyhen spacing pem~its. e. Fire hydrants shall not have any vertical obstructions to outlets \~•ithia~ 10'. t: Fire hydrants shall he placed 18" aho\•e finished grade to the center of the ~l '/~"outlets. g. Fire hydrants shall be prol•ided to meet the requirements of the 11=C' Section 509.>. h. Show all proposed or existing h~'drants for all neH' construction or additions to existing buildings within 1,000 feet of the project. 2) An.' road\cay greater than 1 ~0 feet in length that is not pra\•idcd \\~itl>i an outlet shall be required to have an approved turn around. Phasing of the project ma}' require a temporary approved turn around on streets greater than 1 ~0' in length \1'ith no outlet. 3) All entrance and internal roads and alleys shall Kaye a turning radius df ?8' inside and 48' outside radius. [t appears that No. Topai Je~'ell I'l.. 1>l~. Firestorni t't.. W. Snow' Cherry Ct. do not meet this requirements. ~1 All romrnon drive~yays shall be straight or 11aye a turning radius ut'?8' inside and 48' outside and shall have a clear driving surface \~'hich is ?0' \1'ide and hr able to support a load of 75.000 lbs. Exhibit "C" 5} All Roaas are f ire Lanes: pro~•ide signage "No I/arking Fire I.anc" per appendix D. Section D 103.6. 6) Fire lanes. streets. and structures including the canop~~ height afi mature tr+•es shall have a vertical clearance of 13'6. 7) Operational fire hydrants. temporar`• or permanent street signs and access roads +~~ith an old weather surface are required before combustible a~nstruction is brought on site. 8) To increase emergency access to the site a minimum oi'two points of access +~•ill hr reywired for an+• portion of the project. +~•hich ser+•es more than >O homes. "I'hc t+~~u entrances should be separated by no less than 'i, the diagonal measurement ul' the full de+~elopment. The applicant shall provide a stub street to the property to the (++•estleast/north/south). Provide a tenaporar~• secondan• access to the West of the main entrance ~+~hich is a minimum of 20' +~~ide. 9) Building setbacks shall be per the International Building Code tier one and t~+~a story construction. 10) The road+~'a}'s shall be built to Ada County High++•ay Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' strrct ++~idth shall have no parking. Streets with less than 33' shall havr parking onl~• on one side. These measurements shall be based on the back of curb dimrnsiun. •I'hc roadway' shall be able to accommodate an imposed load of 7i.OOU GVVb'. Nu parking on all col de sacs. 1 1) Large residential da•zllings +~•ill require a tire-tlo++• consistrnt ~+•ith thr lntern~uiunal Fire Code to ser+•ice the proposed project. 'l~he fire-tlo++~ information provided b~• United Water indicates 2.000 GPM will be available to sen•ice the project. l iomcs rn'er 6200 square feet (including garage) +~°ifl be required to he fire sprinklcrcd to NFPA 13D Sad.. this issue could be revisited once fire tlo+cs ar+~ improved to scr+•icc the entire project. It has been indicated that homes up to 7700 square feet could he proposed in the project. Fire hydrants shall be placed per Appendix I). 12)The fire department requests that an?• future signalization installed as thr result ui' the development of this project be equipped +~•itlt Opticom Sensors to ensure a safe and efficient response b.• fire and emergene~• med~ieal sen•ice vehicles. 'I'bis cost of this installation is to be borne h.• the developer. 13}till portions of the buildings located on this project must he within 1 SU' ol'a pared surface as measured around the perimeter of the building. l~l) Vdhere a portion of the facility or building hereafter constructed or mo+•ed into or within the jurisdiction is more than X00 feet (1?3 m) from a hydrant un a lire apparatus access road. as measured h+• an approved route around the rxterior of the facility or building, on-site tine hydrants and mains shall he pru+•ided ++•hcrc rryuired b}~ the code otlic.ial. For buildings equipped throughout Frith an appru+•ed automatic sprinkler s~•stem installed in accordance Frith Section 903.:.1.1 or 903. ~.l .2 the distance requirement shall be 600 feet (183 ). For Group R-3 and Group l 1 occupancies. the distance requirement shall be 600 feet (183 m). l~ur buildings equipped throughout with an approved automatic sprinkler s}~stcnt installed in Exhibit "C" accordance with Section 903.3.1.1 or 903.3.1.?. the distance requirenlcnt shall h~ 600 feet { 183 m ). 15) Etnergency response routes and fire lanes shall not be allowed to have speed bw»ps 16) The fire department is opposed to any landscape island in the tniddlc of a cul do sac that ma~~ pre~'ent a fire truck from turning around on the end ofthe court. 17) The ~~•ater line will ha~•e to be extended to the So. Of the N. Sunset Maplc Wa~• tc~ pro~~ide a future ~~•aterline connection to the Vvestwing Estates. • 18) Provide additional ~~isitor parkin8 on cul de sacs to help pre~•ent ~'chiclcs from obstructing, fire lanes. Exhibit "C" in WESTERN REGION OFFICE INTERMOUNTAIN GAS COMPANY 555 SOUTH COLE ROAD P.O. BOX 7608 BOISE. ID 83.707 {Z{?8) 377-6000 FAX (208) 377-6867 To Planning and Zoning, Intermountain Gas Company has received your letter of application. In order to best serve this development Intermountain Gas does require that a 5' minimum utility easement along the interior lot lines and a 10' minimum utility easement along all right of ways or private drive. The private drive of the development would also be required to include a utility easement for Intermountain Gas to encroach into with the gas lines. Thank you for your time and consideration in this matter. If you have any questions or concerns please contact Mishelle Singleton at 377-6863. Sincerely, m;~ea~s=-,4~- Mishelle Singleton Engineering Tech cc: Roger Phillips I:~hib~l "I)" September 20, 2007 FP 07-029 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Engineering Solutions, LLP ITEM NO. 15 REQUEST Final Plat approval for 24 single-family building lots and 4 common lots on 7.56 acres in an R-4 zone for Eastwood Subdivision - 4515 S. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See Attached Comments CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: ~rarr inmais: Materials presented at public meetings shall become properly of the City of Meridian. ,= BEFORE THE MERIDIAN CITY COUNCIL C/C September 25, 2007 IN THE MATTER OF THE ) APPLICATION OF WIRT AND ) FRANCIS EDMONDS FOR FINAL ) PLAT APPROVAL OF 24 SINGLE- ) FAMILY BUILDING LOTS AND 4 ) COMMON LOTS ON 7.56 ACRES ) IN AN R-4 ZONE LOCATED AT ) 4515 S. LOCUST GROVE ROAD IN ) THE SE 1/ OF SECTION 30, T. 3N., ) R. lE. ) CASE NO. FP-07-029 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on September 25, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 25, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING EASTWOOD SUBDIVISION LOCATED IN THE SE 1/ OF SECTION 30, T. 3N., R. lE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 08/16/07, SHEET 1 OF 2, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EASTWOOD SUBDIVISION / (FP-07-029) Page 1 of 4 • ENGINEERING SOLUTIONS, LLP", WIRT AND FRANCIS EDMONDS, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: September 25, 2007, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and by this reference incorporated herein, and the response letter from Nampa and Meridian Irrigation District, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their September 25, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; thatrun-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EASTWOOD SUBDIVISION / (FP-07-029) Page 2 of 4 • discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more thantwenty-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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EASTWOOD SUBDIVISION / (FP-07-029) Page 3 of 4 • Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ,~5~+-, day of ~.p}`~ f11~ ~ -~ , 2007. '4`q~o19~E ,~~ A °'°°,~~ ~' ~ ~~;~,a5-t ` '~'~QR de WEE ATTEST: a,` ~~~; ~r~; . ~:=~ ~ ~ a`Sn ~°~. ,4~- °~ ,~, ~,~ WILLIAM G. BERG, JR., ITY CL~ `` ,,~_ ~ `~ 9 .v ~°~/ ; ` ~/. Y A C b 1'~S g ~~~_ h /~~x~' I Rj1~,e1AA Copy served upon: ~ pplicant g Department P is Works Department City Attorney y: Dated: ~ ~ ^2~`~~ i Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR EASTWOOD SUBDIVISION / (FP-07-029) Page 4 of 4 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT STAFF REPORT: Hearing Date: September 25, 2007 ~ ~~~~~~ Transmittal Date: September 20, 2007 TO: Mayor and City Council FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator S-~' 208-898-5500 SUBJECT: Eastwood Subdivision Request for Final Plat Approval of Eastwood Subdivision Consisting of 24 Detached Single-Family Building Lots and 4 Common Lots on 7.56 Acres in an R-4 Zoning District by Engineering Solutions, LLP (File# FP-07-029). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUNIlVIARY & LOCATION The applicant, Engineering Solutions, LLP, has applied for final plat approval of 24 detached single- family building lots and 4 common lots on 7.56 acres of land for Eastwood Subdivision. The zoning district for the proposed subdivision is R-4 (Medium Low-Density Residential District). Eastwood Subdivision is located at 4515 S. Locust Grove Road, approximately a % mile north of East Amity Road in Section 30, T. 3N., R. lE. This property has not been previously platted. The City Council approved the preliminary plat for Eastwood Subdivision on February 27, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Eastwood Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved, development agreement (107056316), annexation (AZ-06-045), and preliminary plat (PP-06-047) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 02/27/09, the Final Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Graphically depict on the face of the plat the 20-foot wide water line easement located within Lot 17, Block 1. Exhibit "A" FP-07-029 Eastwood Subdivision FP.doc PAGE 1 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT 5. Per the recorded development agreement, the five-foot sidewalks and the 25-foot landscape buffer along S. Locust Grove Road shall be installed prior to occupancy of any new dwelling units. 6. Prior to signature of the final plat by the City Engineer, the existing access to Locust Grove Road shall be abandoned. 7. Prior to signature of the final plat by the City Engineer, all existing structures that span across proposed lot lines or do not conform to the dimensional standards of the UDC shall be removed from the site. Revise or add the following note(s) on the face of the plat prepared by Engineering Solutions, LLP, stamped on 08/16/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: *.) Add a note, Lot 17 is a 20-foot wide common lot for all public water/sewer mains outside of public right of way. The common lot is covered with a blanket easement to the City of Meridian. 9. The landscape plan, prepared by Harvest Design and dated 08/09/07 is approved with the following changes. a. Label and include details for the fencing along the southern boundary and the fencing adjacent to Lot 22, Block 1 on the plan (picture & description). The fencing shall be constructed of a material similar to the fencing in the Reflection Ridge Subdivision. b. Include the tree class in the plant material legend. c. Extend and depict the landscaping within Lot 22, Block 1 to the southern most boundary of Lot 22, Block 1. 10. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 12. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL CONDITIONS Exhibit "A" FP-07-029 Eastwood Subdivision FP.doc PAGE 2 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irtigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at Exhibit "A" FP-07-029 Eastwood Subdivision FP.doc PAGE 3 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. STAFF RECOMIVIENDATION Staff recommends approval of the final plat for Eastwood Subdivision (FP-07-029) with the above stated comments and conditions. Exhibit "A" FP-07-029 Eastwood Subdivision FP.doc PAGE 4 • NGl NEERI NG 1026 N. Rosario Street, Suite 100 plarningandengireeringri,mrnun~tiasiortnel~~lure Meridian. ID 83Gd3 Oj~~~ON~LLP Phony: (308) 9;8-0980 Fax: (308) 938-{1941 E-mail: es-beckymfr%gwcst.nct September 20, 2007 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Eastwood Subdivision File No. FP-07-029 Dear Mayor and Council: We have reviewed the recommendations for the City Council meeting of September 25, 2007, and have the f~~liowing responses: SITE SPECIFIC CONDITIONS 4. The applicant will comply. 2. Understood. 3. The applicant will comply. -}. The applicant ~~ill comph'. ~. The applicant will compl}. 6. The applicant will comply. 7. The applicant will comply. 8. "Che applicant will comply 9. The applicant will compl}'. 10. 'The applicant will comply. 11. The applicant will comply. 12. The applicant will comply 13. Understood. t"Uuctimcnls and Settings~ciailk'~Lucal ScUings~frmporan h~tcrn~t Piks~OI.K('RU2crsRcsncmti~ I;6duc Exhibit "Q" Mayor and City Council September 20, 2Q07 Page 2 GENERAL REQUIREMENTS 1. The applicant will comply. 3. The applicant will compl}'. 3. The applicant will comply. 4. The applicant will comply. 5. Tl~e applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. t). 'The applicant will comply. 10. The applicant will comply. 11. "The applicant will comply. 12. The applicant wilt comply. i 3. The applicant wil I• compl}'. 14. The applicant will comply. We appreciate staff s review of our project. We respectfully request approval ofuur application 1i~r final plat. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Heron River Development, LLC C:'~Ikx;umcnts anJ Settings`wigifk`Lucal tieuuigs•J~emporary Internet Files\OLhCS~RecsRcsponse (4).din Ezhibil "li" ~ • 19 September 2U07 City of Meridian City Clerk's Office William G. Berg Jr. 33 East Idaho Avenue Meridian. ID 8 X642 RE: FP 07-029/Eastiwood Subdivision Dear Will: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nompa 466-7861 SHOP: Nampa 466-0663 ~F~ .~';; Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. if any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~ ~ ~~ Greg Curtis Foreman ~Tua:: Y%: w i\?ei d:u:i ir::gs:i~:ri Diutr:~.i GC;dbg C: File -Office/Shop Exhibit "C.. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 COMMENTS September 20, 2007 RZ 07-012 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT Valley Shepherd Church of the Nazarene ITEM NO. 1 REQUEST Ordinance No. -Request for a Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian - 150 West Maestro 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: See Attached Ordinance ~,~r'` ~~~ ~"7' ~'~ 0 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properfy of the Ctfy of Meridian. ADA COUNTY RECORDED' DAVID NAVARRO AMOUNT .00 I BOISE IDAH010/04107 b..s2 PM DEPUTY Vicki Allen RECORDED-REQUEST OF IIl IIIIIIIIIIIIIIIII"I"IIIIII'll III City of Meridian i ~ r 1 ~779~ CITY OF MERIDIAN ORDINANCE NO. ~ ~" l J BY THE CITY COUNCII.: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT VALLEY SHEPHERD CHURCH OF THE NAZARENE, THE OWNERS OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-012 -VALLEY SHEPHERD NAZARENE CHURCH) FOR REAL PROPERTY LOCATED IN THE NE '/ OF THE SE 1/ OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R 8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-G (GENERAL RETAIL AND SERVICE COMMERCL~L DISTRICT) IN THE MERIDL~N 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 MERIDL~N, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Valley Shepherd Chinch of the Nazarene. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Density Residential) to C-G (General Retail and Service Commercial) 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 re-zone said property. RE-ZONE ORDINANCE OF RZ-07-012 VALLEY SHEPHERD CHURCH OF THE NAZARENE Page 1 of 3 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 re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY~THE CITY COUNCIL OF THE CITY OF MERIDIAN, J - IDAHO, this ~ day of c~ ~ ~L.., , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ?/~ day of ~/~-L-t- , 2007. RE-ZONE ORDINANCE OF RZ-07-012 VALLEY SHEPHERD CHURCH OF THE NAZARENE Page 2 of 3 ,1,,;,,YOR de WEERD ATTEST: ~'~ ~}""`- s ~~~`~ ,. r` ~` `\ WILLIAM G. BERG, JR., Cr Y C ERK ~ `~' 'r - ~•.., ~. ~ `` 'vim ~.,; s ~ ~ ;. STATE OF IDAHO, ) `, '- `° ~ ` ' , . ) .,, , ,. ss. County of Ada ) On this ~{"~' day of ~ [;~'j~~,~'l , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TANIMY 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. ~' (~ ~ ~~ ,~ C1~,1 ~~v 1 J~~l 1,% ~ NOTARY PUBLIC FOR IDAHO RESIDING AT: •'2 ti~ l-e ~(,~~ J~ MY COMMISSION EXPIRES: ~G~--~ S = ( ~ RE-ZONE ORDINANCE OF RZ-07-012 VALLEY SHEPHERD CHURCH OF THE NAZARENE Page 3 of 3 EXHIBIT "A" VALLEY SHE]PHEIZD IZE-ZONE DESCISII'TION A parcel of land for re-zone purposes situated in a portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an aluminum cap monument marking the northeast comer ofsaid NE1/4 of the SE1/4, thence along the East line ofsaid NE1/4 of the SE1/4 and the centerline of South Meridian Road S00°39' 10"W a distance of 1339.86 feet to a 5/8 inch rebar marking centerline intersection ofsaid South Meridian Road and West Maestra Street from which an aluminum cap monument marking the southeast corner of said Section 24 bears S00°39' 10"W a distance of 1321.03 feet; Thence leaving said East line and centerline of South Meridian Road and along the centerline ofsaid West Maestra Street the following courses, N89°24'54"W a distance of 204.44 feet to a 5/8 inch rebar; Thence along the arc of a curve to the left having a radius of 180.00 feet, an arc length of 23.47 feet, a central angle of 07°28'20", a chord bearing S86°50'56"W a distance of 23.46 feet to a 5/8 inch rebar; Thence S83°06"46"W a distance of 100.54 feet to a 5/8 inch rebar; Thence along the arc of a curve to the right having a radius of 180.00 feet, an arc length of 19.90 feet, a central angle of 06°19'58", a chord bearing S87°25'07"W a distance of 19.89 to a 5/8 inch rebar; Thence N89°24'54"W a distance of 115.82 feet to a 5/8 inch rebar marking the centerline intersection of said West Maestra Street and South Alfani Way; Thence leaving said centerline of West Maestra Street and along said centerline of South Alfani Way N00°39' 10"E a distance of 25.00 feet to a 5/8 inch rebar marking the intersection ofsaid centerline of South Alfani Way and the North boundary of Strada Bellissima Subdivision No. 1 as recorded in Book 93 at Pages 11265 through 11268 official records of Ada County, Idaho; Thence leaving said centerline of South Alfani Way and along said North boundary line N89°24'54"W a distance of 356.13 feet to a 5/8 inch rebar; Thence leaving said North boundary line N00°45'45"E a distance of 1050.09 feet to a 5/8 inch rebar on the South boundary line of Bear Creek Subdivision No. 6, as recorded on the official plat thereof, in Book 87 at Pages 9986 and 9987, Ada County, Idaho; Thence along said South boundary line 589°27'46"E a distance of 281.52 feet to a 5/8 inch rebax making an angle point in said South boundary line; Thence continuing along said South boundary line N24°42'45"E a distance of 104.60 feet to a 5/8 inch rebar marking an angle point in said South boundary line; Thence leaving said South boundary line and along the westerly boundary line of Lot 9, Block 22 ofsaid Bear Creek Subdivision No. 6 N24°42'45"E a distance of 9.55 feet to a 1/2 inch rebar making an angle point in said westerly boundary line; Thence continuing along said westerly boundary line N48°33' 12"E a distance of 243.86 feet to a 1/2 inch rebax; C056140 RE ZONE LEGAL FOR VALLEY SHEP KNS APRIL 12 07.doc Page 1 of 2 Thence leaving said westerly boundary line and along the North boundary line of said Lot 9, N85°27' 18"E a distance of 141.87 feet to a 1/2 inch rebar marking an angle point in said North boundary line; Thence continuing along said North boundary line S89°26'49"E a distance of 102.05 feet to a 5/8 inch rebar marking the intersection of said North line and the Westright-of--way line of said South Meridian Road; Thence S89°26'49"E a distance of 65.00 feet to the POINT OF BEGINNING. Said parcel contains 22.69 acres more or less and is subject to any easements and or rights-of--ways of record or implied. RE~1~ I~P~VAL 9Y ~~' ~~ ~ r~~E t~1ERIDI~IV P1~13L.i~ rPv-ORt~S DEFT. C056140 RE ZONE LEGAL FOR VALLEY SHEP KNS APRIL 12 07.doc Page 2 of Z REZ®l~TE EXI~I~IT F'®R VALLEY S~IEI'I~ERD CI~IJRCI-I A PORTION OF THE NE1/4 OF THE SE 1/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2007 GENERAL LEGEND - - - - BOUNDARY LINE S89'26'49"E - - - - EXISTING BOUNDARY LINE 102.05' S89'26'49"E - - SECTION LINE 65.00' N85'27'18"E - - - ROAD CENTER LINE 6 141.87 , p E1 /4 COR. ROAD RIGHT-OF-WAY ~ ~. 91 9708 - - - - EXISTING LOT LINE ~"~ oF OO FOUND 5/8 INCH REBAR , ~'1~ ~ I I o FOUND 1 /2" REBAR ~ ~'4 I sS.DO' I ® FOUND ALUMINUM CAP ~ 9 55' ~~ 2oa o ioo xoo soc scALE ,- = 200' i I ~ WgR4CS DEPT. I I I I I I „) I I m n) I I ~ W. MAESTRA I ST• ss.oo' I I o - N89'24'S4"W o 0 0 0 0 --' ° 356.13' C2 C N89'24'S4"W„ 583'06'46"W 204.44 ° N00'39'10"E N89'24'S4"W 100.54 STRATA BEWSSIMA 25.00 I 115.82 SUBDMSION N0. t I C~, ,~' ~ ALFANI WAY CURVE TABLE VICTORY z4 +e r ah I BEAR CREEK .aN P /off I 1 SUBDMSION N0.6 ryd' ~ ~tl~' I I -- ~ S89'27 = 46 E 281.52' ~ I I I I I I ~A I ~ Z p I I + Q~ ° I ~ o o I FtEVI PRA ~L I Nov o f Bl` I 3 t,- A ° of I I oa ~~~ n ~ I ym a I Ati4 PIlELiq I ~ "" CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD DIR ROAD ~ ~ CP&F N0 DATE C1 23.47 180.00 T28'20° 11.75 23.46 S86'S0'S6"W . 9ta97oa 13-07 C2 19.90 180.00 6'19'58° 9.96 19.89 S8T25'D7°W EXHIB DRAWN BY: CWS VALLEY SHEPARD CHURCH PINNACLE SCALE: 1"=200' r e= z o av ~ E x t--i ~ ~ ~ -r Engineers, Inc. ' EC N0. isssi w. E*.am.. a, s°n. e. Bw.. wab C056140 _. ~"' (808) 887-7780 NOTICE AND PUBLISHED SUNIMARY OF ORDINANCE PURSUANT TO I.C. § 5Q~ ~ (~ CITY OF MERIDIAN ORDINANCE NO.07- // PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for a parcel of land located in the NE '/a of the SE 1/ of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 22.69 acres more or less. This parcel is SUBJECT TO all easements and rights- of-way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~~~ day of d.~j{~ih~~fia,~ , 2007. ` F14~FE8ti~PF0iF@p~t ~ ~- / i Mayor and City Council cif the Cry o Men ~. __ By: William G. Berg, Jr., City Clerk `°~-j~-~°~~ ~~~ First Readin '~ ~ ~ °~ a ~` g ~~ ~ 7 Adopted after first reading by susp'~i n ~~ > ~~~~° ,;° Rule as allowed pursuant to Idaho Code 50-902: YES ~ NO '`~~, ~ ~+~k~~~. Second Reading: - Third Reading: '-' ~°~l~aF~„ap¢g a~-~a®~~~~~'1 STATEMENT OF MERIDIAN CITY ATTORNEY A5 TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- l~~ 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- l 3 ~ 9 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 2~~day of ~~~~'`~ , 2007. U~-~~!~ William. L.M. ary, City Atto ey ORDINANCE 5UNIlVIARY RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH Page 1 of 1 • • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. REQUEST Resolution No. :New Meridian Building Fees; AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Resolution ~~iy1~~ Date: Phone: 17 Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. ~ ~' ~ 7~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF THE BUILDING DEPARTMENT FEE CHANGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 18, 2007, the City Council of the City of Meridian, held a hearing on the adoption of the Building Department Fee Changes as shown by Exhibit "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Building Department Fee Changes; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Building Department fee changes are hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect on the 1st day of November, 2007. ADOPTED by the City Council of the City of Meridian, Idaho ~rrc ~, 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ir~~GLJ 2007. APPROVED: ATTEST: ,~~``"= .~°~`' ,~~~°~~ ;' ~~~~day of 25y% day of . ~~, >6 ~- _ ~~~ __ WILLIAM G. 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G J I L V VS O OC ~ 4.d fL d • • September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. ~ S REQUEST Resolution No. :Approving Amended By Laws of the Parks & Recreation Commission and Appointment of Seats: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Resolution y~~ o'' ~,f w Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the CHy of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: ~J RESOLUTION NO. a 7 ~ 5 7 BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE AMENDED BYLAWS OF THE MERIDIAN PARKS AND RECREATION COMMISSION; APPOINTING COMMISSIONERS TO DESIGNATED SEATS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Meridian City Code § 2-2-2(B), at its regular meeting on September 12, 2007, the Meridian Parks and Recreation Commission voted unanimously to recommend to City Council that it approve the "Bylaws of the Meridian Parks and Recreation Commission" as amended, attached hereto as "Exhibit A"; WHEREAS, such Bylaws, inter alia, incorporate, in Article III, section 3, the attachment of the terms of service enumerated in Meridian City Code § 2-2-1(C)(1) to designated commission seats; WHEREAS, the City Council of the City of Meridian deems the approval of such bylaws and the appointment of sitting commissioners to designated commission seats to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Meridian Parks and Recreation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian approve the amended Bylaws of the Meridian Parks and Recreation Commission attached hereto as "Exhibit A." RESOLUTION APPROVING AMENDED BYLAWS OF PARKS & PAGE 1 OF 2 RECREATION COMMISSION AND APPOINTMENT TO SEATS Section 2. That, pursuant to Meridian City Code § 2-2-1(C)(1), the following members of the Meridian Parks and Recreation Commission be appointed to the following seats and terms of service: Seat 1, term to expire on October 31, 2007: Phillip Liddell; Seat 2, term to expire on October 31, 2007: Jim Keller; Seat 3, term to expire on October 31, 2008: John Nesmith; Seat 4, term to expire on October 31, 2008: Tom LeClaire; Seat 5, term to expire on October 31, 2008: Creg Steele; Seat 6, term to expire on October 31, 2009: Jon Cecil; Seat 7, term to expire on October 31, 2009: Gary Shelley; Seat 8, term to expire on October 31, 2009: Bruce MacCoy; and Seat 9, term to expire on May 31, 2008: Sara Steele. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 7~ ADOPTED by the City Council of the City of Meridian, Idaho, this 2 s day of ~h ~ ~~~ , 2007. ,!~ APPROVED by the Mayor of the City of Meridian, Idaho, this ~%/ day of -~,/.c,,,.~~•. , 2007. APPROVED: ATTEST: By: William G. Berg, Jr., ~„ ~ ~ ~ May~ox,T de W eerd ~. e ~t~ (" r. ~.~ _ 'F. r~ 4 i ~~ ~ a ~~~~r~~~~~illlj~~~~ RESOLUTION APPROVING AMENDED BYLAWS OF PARKS & PAGE 2 OF 2 RECREATION COMMISSION AND APPOINTMENT TO SEATS EXI~IBIT A: BYLAWS OF THE MERIDIAN PARKS & RECREATION COMMISSION BYLAWS of the MERIDIAN PARKS & RECREATION COMMISSION ARTICLE I SECTION 1. NAME OF TIIE COMMISSION. The name of the commission shall be: "MERIDIAN PARKS & RECREATION COMMISSION," hereinafter referred to as the "Commission." SECTION 2. PRESIDENT AND VICE-PRESIDENT. These titles are interchangeable whenever they may appear within the Articles of the Bylaws when the titles are used within their respective contexts. ARTICLE II SECTION 1. POWERS OF THE COMMISSION. In addition to the duties as specified in Meridian City Code § 2-2-3, the Commission shall have the duty to study, propose ordinances for, and comment on all public issues pertaining to Meridian city parks. All such studies, proposed ordinances, and comments shall be forwarded to the Meridian City Council far consideration when making decisions for the city pertaining to parks, park policies, and pazks recreation programs. ARTICLE III SECTION 1. DUTIES OF THE PRESIDENT. The President shall: 1) preside at all meetings of the Commission; 2} call special meetings of the Commission in accordance with the Idaho Open Meeting Law; 3) sign documents of the Commission; 4) see that all actions of the Commission are properly taken; and 5) make commission appointments to sub-committees as required. SECTION 2. DUTIES OF THE VICE PRESIDENT. The Vice President shall perform the duties of the President in the absence or incapacity of the President, and in the case of the resignation or death of the President, the Vice President shall perform such duties as are imposed on the President until such time as the Commission shall elect a new President. The Vice President shall be automatically nominated for the position of President in the year following his term as Vice President, unless he is unable ar ineligible to serve. SECTION 3. TERMS OF OFFICE. There aze hereby designated rune membership seats on the Commission. The terms of the commissioners appointed to Seats 1 and 2 shall expire on October 31, 2007 and every three (3}years thereafter. The terms of commissioners appointed to Seats 3, 4, and 5 shall expire on October 31, 2008 and every three (3) years thereafter. The terms of commissioners appointed to Seats 6, 7, and 8 shall expire on October 31, 2009 and every three {3} years thereafter. The commissioner appointed to Seat 9 shall be designated to represent Meridian's youth and shall serve a term of one (1) year, which term shall expire on May 31 of each year. SECTION 4. SusCOMMITTEES. Subcommittees shall be established and appointed by the President to assist the Commission in performance of its functions. Each subcommittee shall consist of at least two {2) Commission members. Citizens and public officials may be appointed to BYLAWS OF THE MERIDIAN PARKS & RECREATION COMIVIISSION Page 1 of 2 serve as members on the subcommittees by the Commission President, Subcommittee Chairperson, or Mayor, ARTICLE IV SECTION 1. MEETINGS. No meeting shall run longer than three {3) hours unless the Commission members present, through a majority vote, approve that particular meeting to exceed the time limit. SECTION 2. VOTING. Each regularly appointed member shall be entitled to one vote on any matter that may come before the Commission. The vote of the majority of the members present at any meeting attended by a quorum of its members shall be necessary to decide any items. The President of the Commission is a member of the body and has the same rights and privileges as the other members. The President of the Commission may enter into the discussion of items before the Commission and may vote on any item of business to come before the Commission. SECTION 3. RULES ol< ORDER. The Commission shall operate under the precepts of Robert's Rules of Order. The order of business for the Commission shall be as follows: A. Call to Order B. Roll Call C. Agenda Approval, Minutes D. Unfinished Business, New Business E. Reports, Presentations, Subcommittee Reports, Staff Reports F. Next Meetings' Agenda, Adjournment BYLAWS OF THE MERIDIAN PARKS & RECREATION COMMISSION Page 2 of 2 • September 20, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution No. of the Meridian Arts Commission: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See AHached Resolution 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: D l 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 m eeflngs shall become property of the City of Meridian. u September 25, 2007 ITEM NO. ~ 9 Approving By-Laws • CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. lJ1-~ ~~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE INITIAL BYLAWS OF THE MERIDIAN ARTS COMMISSION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06-1280, on November 28, 2006, added Title 2, Chapter 5 to the Meridian City Code and thereby created the Meridian Arts Commission; WHEREAS, pursuant to Meridian City Code § 2-5-3(B)(2), on February 27, 2007, Mayor Tammy de Weerd appointed, and the City Council approved, the appointment of six persons to the Commission; and WHEREAS, pursuant to Meridian City Code § 2-5-4(A), at its regular meeting on April 12, 2007, the Meridian Arts Commission voted unanimously to recommend to City Council that it approve the initial "Bylaws of the Meridian Arts Commission" attached hereto as "Exhibit A," which, inter alia, incorporate, in Article III, section 1 of such bylaws, the attachment of the terms of service enumerated in Meridian City Code § 2-5-3(C) to designated commission seats as approved by City Council by the passage of Resolution no. 07-551 on March 27, 2007; WHEREAS, the City Council of the City of Meridian deems the approval of such bylaws to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Meridian Arts Commission; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: RESOLUTION APPROVING BYLAWS OF MERIDIAN ARTS COMMISSION PAGE 1 OF 2 • • Section 1. That the City Council of the City of Meridian approve the initial Bylaws of the Meridian Arts Commission attached hereto as "Exhibit A." Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2~~ day of September, 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day of September, 2007. APPROVED: ~\ on,M~~b~~,,~ 1 e Weerd ATTEST: ,z °,a ` ~ ~' ~A By: ~~ William G. Berg, Jr., ity Clef ~ ~ ;~ //~0°0°rrrrrn iit~~~oo>~~o RESOLUTION APPROVING BYLAWS OF MERIDIAN ARTS COMMISSION PAGE 2 OF 2 • EXHIBIT A: • BYLAWS OF THE MERIDIAN ARTS COMMISSION '~ i ~ ~t~i ~. is ~ ~ 111 • • BYLAWS of the MERIDIAN ARTS C4MMISSIUN WHEREAS, an November 2$, 2046, the City Council ofthe City of Meridian adopted Ordinance no. 46-12$4, which added Title 2, Chapter 5 to the Meridian City Code and thereby created the Meridian Arts Commission; WHEREAS, the development of publicly accessible arts within the City of Meridian will highlight our community's rich cultural resources, enhance the City s aesthetic environment, and promote the development of economic, educational, recreational, and tourism opportunities within the City; WHEREAS, the arts can be used as a conduit for exchanging ideas, making connections, and finding common ground and, when accessible to the public, can help to strengthen Meridian's community and families; WHEREAS, the City Council of the City of Meridian has deemed it to be in the best interest of its citizens to establish an Arts Commission for the purpose of advancing the arts within the City of Meridian through the research and development of opportunities and funding sources for the arts within our community; NOW, THEREFORE, the Meridian Arts Commission hereby establishes and adopts the following bylaws. ARTICLE I• INTENT The intent in preparing and adopting these bylaws is to provide a framework for the organization, actions, and agenda of the Meridian Arts Commission (hereinafter "Commission"). ARTICLE II. OFFICE The principal location of the Commission shall be at the Office of the Mayor, 33 E. Idaho, Meridian, Idaho. ARTICLE IIL• MEMBERSHIP SECTION 1: TERMS of OFFICE. In keeping with provisions of Meridian City Code regarding commissioners' terms of office, there are hereby designated nine membership seats on the Commission. The commissioner appointed to Seat 1 shall serve a term of one (1) year. The commissioners appointed to Seats 2 and 3 shall each serve a term of two (2) years. The commissioners appointed to Seats 4, 5, 6, 7, 8, and 9 shall each serve a term of three (3) years. SECTION 2: SUBCOMMITTEES. The Commission Chair, with the Commission's approval, shall establish such subcommittees as necessary or helpful to assist or advise the Commission in the performance ofits functions and/or furtherance of its mission. Meetings of subcommittees shall comply with any and all applicable public meetings laws. Each subcommittee shall consist of at least two (2) commissioners. Unless a subcommittee chair is appointed by the Commission BYLAWS OF THE MERIDIAN ARTS COMMISSIOTV PAGE Y OF 4 Chair, each subcommittee shall elect a chair to preside at subcommittee meetings and present the findings and/or recommendations of the subcommittee to the Commission. The Commission Chair, subcommittee chair, and/or Mayor may appoint citizens or public officials to serve as members of subcommittees. SECTION 3: QUORUM. According to the provisions of Meridian City Code, a majority of currently-appointed commissioners shall constitute a quorum for the transaction of any business of the Commission. SECTION 4: VOTING. Each commissioner shall be entitled to one (1) vote on any matter before the Commission. Except as otherwise designated herein, the vote of the majority of the members present at any meeting at which a quorum is present shall effectuate any decision of the Commission. The Commission Chair shall be a voting member of the Commission and shall hold the same rights and privileges as any other commissioner. Proxy voting shall not be permitted. SECTION 5: ATTENDANCE. Three (3} consecutive, unexcused absences of a commissioner from regular Commission meetings shall constitute such commissioner's notice of termination. The Chair or Vice-Chair may excuse a commissioner from attendance. ARTICLE IV: MEETINGS SECTION 1: NUMBER AND DATE OF REGULAR MEETINGS. According to the provisions of Meridian City Code, the Commission shall hold na fewer than nine (9} regular meetings during the calendaz year. Unless otherwise specified, regular meetings of the Commission shall be held on the second Thursday of each month at 3:30 p.m. SECTION 2: SPECIAL MEETINGS. Special meetings may be convened by or at the direction of the Chair by notifying the Commission in the manner specified herein. SECTION 3: PLACE OF MEETINGS. Unless otherwise specified, meetings of the Commission shall beheld in the Mayor's Conference Room, Office of the Mayor, 33 E. Idaho, Meridian, Idaho. SECTION 4: NOTICE OF MEETINGS. Unless otherwise prescribed by statute, commissioners shall be provided written notice of meetings, which notice shall state the date, hour, and location thereof, and shall further state the purpose of the meeting, business to be transacted, and/or agenda. The City Clerk's Office shall issue notice to each and every commissioner not less than fatty-eight {48} hours, nor more than thirty (30} days prior to the meeting. Notice maybe issued by a-mail, U.S. Post, and/or personally, by or at the direction of the Chair. SECTION 5: LENGTH OF MEETINGS. No meeting shall run longer than three (3) hours unless a majority vote of the quorum approves the extension of such time limit as to a particular meeting. $YLAWS OF THE MERIDIAN ARTS COMMISSEON PAGE 2 OF 4 • i SECTION 6: CONDUCT OF MEETINGS. The Commission shall operate under the precepts of Robert's Rules of Order. The order of business for meetings of the Commission shall be as follows: 1 }call to order; 2} roll call; 3) approval of the agenda; 4) approval of minutes of previous meeting; 5) old business; ~ new business; 7} reports, presentations, subcommittee reports, staff reports; 8) next meeting; 9) adjournment. The agenda shall be followed to the extent possible, but other matters may be considered upon vote of the majority of the members present at any meeting at which a quorum is present. SECTION 7: AGENDA. The agenda for all meetings of the Commission shall be prepared by the City Clerk's Office in consultation with the Commission Chair. Agenda items maybe proposed to the Commission Chair by any commissioner or any member of the public and shall be placed on the agenda at the discretion of the Commission Chair, provided that adequate notice of such item has been provided as set forth herein. Agenda items not proposed to the Commission Chair by 5:00 p.m. an the Monday preceding the regular meeting, or forty-eight (48) hours before a special meeting shall be considered at any meeting at which a quorum is present only upon vote of the majority of the members present. SECTION 8: PUBLIC APPEARANCES AND REQUESTS. Scheduling of appearances before or requests to the Commission shall be at the discretion of the Chair. The Chair may set rules to maximize efficiency and productivity of meetings, including setting a time limit for presentations and/or comments to the Commission. SECTION 9: MINUTES. Minutes and/or records of the business conducted at all meetings of the Commission or any subcommittee thereof shall be kept and shall be open for public inspection. The minutes of each meeting shall be forwarded to each commissioner prior to the regular meeting at which such minutes are subject to approval by the Commission. ARTICLE V: UFFICERS SECTION 1: DESIGNATION. According to the provisions of Meridian City Code, officers of the Commission shall include the Commission Chair and Commission Vice-Chair. Other officers maybe elected as necessary or desirable for the efficient administration of the Commission if a majority of the Commission so decides. SECTION 2: TERM AND ELECTION. Election of officers shall be by secret ballot and, according to the provisions of Meridian City Code, shall beheld at the first regularly scheduled meeting after January 1 of each year. A special election may be held at any time to fill a vacancy of office. An officer who fails or refuses to fulfill the duties of his or her office may be removed from the office by atwo-thirds (2/3) majority vote of the fiill Commission by secret ballot at a special election. SECTION 3: DUTIES OF CHAIR. The Commission Chair shall prepare meeting agendas in cooperation with the City Clerk's Office, shall preside over all full Commission meetings, and shall sign all documents requiring an official signature on behalf of the Commission, including its annual report to the Mayor and City Council and other reports as requested. The Chair shall recommend, for the Commission's approval, the formation of subcommittees and the $YLAWS OF TiiE MERIDIAN ARTS COMMISSION PAGE 3 OF 4 appointment of commissioners, citizens, and/or public officials thereto. The decisions, statements, and/or actions of the Chair shall obligate, commit, and/or represent the Commission only insofar as the Commission has specifically authorized. SECTION 4: DUTIES OF VICE-CHAIR. The Commission Vice-Chair shall perform the duties of the Chair in the absence of the Chair and shall perform such other duties as maybe delegated by the Commission Chair. ARTICLE VI: AMENDMENT QF BYLAWS As provided in Meridian City Code, the Commission may recommend to the Mayor and City Council that these bylaws be altered, amended, added to, or repealed upon a four fifths {MS} vote of the full Commission. ARTICLE VII: ADOPTION AND EFFECTIVE DATE The Commission adopted the foregoing bylaws at its regular meeting on Apri112, 2007. These bylaws shall be effective upon their ratification by resolution of the City Councii of the City of Meridian. Adapted by the Meridian Arts Commission on the 12th day of April, 2007. r' ~~ Commissio a Sandra. C ugh Commis 'oner Nancy Rountree ~__ ~7~~- Co lone eg Gl ow ~J w Commissioner Fred Shaddick f 1 a~ ~, Commissioner David Stolhand / Co ssioner Dwight Williams BYLAWS OF THE MERIDIAN ARTS COMMISSION PAGE 4 OF 4 ~J September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 AZ 07-010 APPLICANT Ahlquist Development, LLC ITEM NO. 2~ REQUEST Ordinance -Request for Annexation and Zoning of 6.67 acres from Rl to C-G zones for Gardner-Ahlquist Gateway South -southeast corner of Franklin and Eagle Roads AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~~ MERIDIAN SCHOOL DISTRICT: 1~ l ADA COUNTY HIGHWAY DISTRICT: ~ / SANITARY SERVICE COMPANY o CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: LJ Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAYtL ,.AVARRO AMOUNT .00 BOISE IDAHO 09!27!07 01:39 PM DEPUTY Patti Thompson II I I' II II "'I I II II I I'~'I I'I' I~ ~~~ ~ ~I~ RECORDED-REQUEST OF 1~~1~4~~'~ City of Meridian CITY OF MERIDIAN ORDINANCE NO. ~ ~''l~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ-07-010 GARDNER/AHLQUIST SOUTH) FOR ANNEXATION OF PROPERTY BEING IN A PORTION OF THE NW 1/ OF SECTION 16, TOWNSffiP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-1 (ADA COUNTY) TO C-G (GENERAL COMMERCIAL 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: Ahlquist Development, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from R-1 (Ada County) to C-G (General Commercial 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-07-010 GARDNER/AHLQUIST SOUTH 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 ofone-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z 5~~ day of ~~~ ~(iyyz ~Nti , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 ~J day of ___s~ ~t ~-PiL , 2007. MAYO AMMY de WEERD ANNEXATION OF AZ-07-010 GARDNER/AHLQUI5T SOUTH Page 2 of 3 FFtS li S#,.+;;. ~Y r. ATTEST: ,ti~'~~ ~. ~<w~Y~'P. ,. 0 `+, i~-- ~~` ~ - ~~~ - WILLIAM G. BERG, JR., CITY CLERK ~'~ ~'=~ v ~~_a r r ~ / ' `4 `\ J ~l~P{i!{14l1F~lt` 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, 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. ~~ Q NOTARY PUBLIC FOR IDAHO RESIDING AT: C ~ IC.~ MY COMMISSION EXPIRES: l®-d 1-~~ ANNEXATION OF AZ-07-010 GARDNER/AHLQUIST SOUTH Page 3 of 3 EXHIBIT A Legal Description Y ~~r f' ~`'~-_~~ cn*~ta!vD.srxecrv~,et! reati~+n~;uri~ EJ~HIBIT A Annexati~art f3esErFption Rev:. p Far Gardner Af~Fq~rFsf ~s~,~ ~,~vetopment .Job No. 06328 April 13, 20137 A portion of the IVW'l14 of Sectloh 18, T3N, R7E, B.M., Ada County, Idaho, as follows; BECaINNJNG at found brass Cap monument marking the Northwest Comer of sald.Section 16, as shown on Corner Perpetuation Record, Inst. N+y. 99tJt3747S;_Ada GrSUnty Records; thence along the North Line of sal~I, Section 76, ,South $9°20'17" East, '1016:45 feet,'to a potnt'on that Eas# Line of Montwe.Park'Subdibislon; extended r3orth 3o said Sectlon Line, as ter ifle-plat tht3reof, in t3ook 77, at Page 710?-9108, Ada County Fiat Records alsci [wing a,polnt on-the West Jane of Toudtmark Living Canter Sitbdivlsion tdo.1, in Book 89, at P'age.1d31311}318, Ada County Plat Records, >3~ extended north to salcJ Sactiort tine, tt-ern:e-along the bouradar~ common to both Bald Subdivisions; South t)0°17'43" East, 1171.79 feet; to tho southeaet comer of Lot 7, Block ~, of eaid Montvue Park Subdivision, which ~ tkle POINT' flF THB @E'GtNNING; thence along said common botusdary, South t)p°11`4,3" ~,~ 217:84 feet, to the southeast comer of Lot 2, Block 5, of said Montvue ParJt Sutsdivision; thence along thg South t_ine.o# Bald Moritvue.Park Subdiv"rsion, North 89a28'4.'Iw West, l0i'i.?2 feet to a polrlt on the' Centerline of.S. Eagle-Road, at P:O.C.'statfon 9376:37, as shown on fhe. plans ~!f l/agle Road,1`;A.p; PrasJecf Na. ~ 3277 (44j and a 6229:58 foot.radluscxirve to.t6eleft; thence, along said ~+rve and Cer-terllne, an arc length of G6:t>IB ~°4{1'i>~", anc! having a chid whlrh bears North 00°02`14"West, 66.66 feed to P.T, station le of St?-F43:g3; thence continuing along said Centerlin®, now cainclde~nt tivikh the West Une of said Sec4ibn 1 t3, North OD°22`14" West, 4(}9:56 feet;, to station 54+52.99; thence leaving said Centerline of S. Eagle Road along the Line. common to said Lots.fs and ?, Block 5 of Mon#vue Park Subdiwisicn, and extending westerly, South 89°30'07'° East, 226.03 feet, to a found 112 inch retiar marking the comer corrimon to lots 6, ?,.9 and 10 of Stock 8 in said Montvue-Park Subdivision thence along the tine common to hats 9 and 10; Block 5, Sfluth 69°30'24" East; 1:78,37 feet, to a point on the Une common to Lots,9-and 10, in Block 5 t~f said Montwe. Park Subdivision, Mended east to the Centerline of W. Montvue Drive;. >pw~it~znssrr~~~to,~an~r~%wxxsclo*~nl.t~atcr,I.:u~;~r ~:reux~~ rsvD desGRiHiBno slot I of"L °~~320~RVE}C Treasure Vane}~ Engiueerx, IAC. i?(a~16r~'.59aeerNutlh optics: f~4$.14£3-Li305 ~~>~Isa. ldal3a~ 33G$7 Fa3c: (2f!$) 4b~t343 uwrc3: I'reasaa»'N:a a-¢arF„ ~;.,~.~..,.._ ~~ .,, cr~rc..~rvsaxa~c~rar.~t ~rca~e~u+~ thence alang said-Centerline, Socath qt)°92'99" East, 122:02 fast;. tlienae Jeaving said C~nt~erline, South 89°30'~9",East,. 21)0.23 fee#, td a -point on the Lire common to Lots 1 and 2, Black 4 pf'said plat';af Mantvue Park'SuEfdivision; thence slang staid common-Line.,: $auth 0E1°'f2`19" l=ast, 9is.12 feet; thence lean@ng said cortimon Line; aouth 139°3d'49" East, t138:73:fc~et, to a:paint.vn the Centerline of E. Montvue l~rlve, as shavdn on said.plat cif Iwon#vue Paik,Sutidi~+i~'on; thence Tong said Centerlin®, Sot@tti 04}°T2'9g" East, 999,1a8feet; thence :P®aving said Centerline, along a line extended from the South Line ofisaid Lat 1, Block 5; South $9"74'0{1" East, 207.40 feetr to the PC11NT OF BEI"aINNING. EXCEPTING Lat 2; Block 6, and the Eest4o feet of Lat 3; Stack 5: Containing 39:$,652 square-feet, a1' 7.27 acres, mare. or less, and sutrJect to .any eesenents or rights of way of record. of ~othe@wise existing. ~~' ~' '; ~`'~`~~C,tST~' 1~'P!r REVS ~. ~`' ~ 1 r II.P~ 4 P'~~.QU7ST IJ~a'E'k~RSMERgTLAN rtEGlONAI. NNfEEDl~AL1;~hlquist Dn elo~nfenl'd~ridisn"~'hawhtgs~rSun~ey'~cri}~ticm~40~6326 A3dtd~Jt i@V Cl.des~ AGRdoe shert 2: aft Tressure \'xtle}~ Eng@nrer~, Inc. tDf~fice. (:~t7k~ ~f,3-t~3~15 1?~i:i 6~, treat T+i~,r~h F~~: (2{1S) ~b3 1391 N~'p~., It@:~@s~* ~_6fi37 ~m~4ta.7'raaso~z~°sil@e}~.n~ir,eer.ccero s ~ September 20, 2007 MERIDIAN CITY COUNCIL MEETING September 25, 2007 APPLICANT ITEM NO. Z~ REQUEST Executive Session per Idaho State Code 67-2345(1)(a)&(f) 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 properly of the City of Meridian. s • crv.~~ City of Mel~dian City Clerk ®~ce MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird joe Borton Chazles Rountree David Zazemba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Pazks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 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 2355 N.W. 8th Street 888-5242/fax 884-1159 DELIQUENCY FOR TURN OFF Schedule for September 26, 2007 cycle ~ MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for September 25, 2007. Users having delinquent utility bills will be shut off on September 26, 2007. The total amount past due is $ 12,268.50. The number of past due customers is 128. Jaycee Holman Billing Manager CITY BALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 208) 888-4433 CITY CLERK -FAX 588-4215 QTY ATTORNEY / HR - FA.~C 584-$723 FINANCE ~ LPI'ILITY BILLING - FAX 887 13 MAYOR'S OFFICE - F.9X 884-8I 16 • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Sep 25, 2007 04:30pm Current Period: 10/05/2007 -Transactions Included Through: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle =1 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 22.51.2648.02 A SHADE BETTER PAINTING 490.20 682.04 655 KING ST E 2 23.02.4990.04 ABDERHALDEN, RICHARD 57.61 131.55 1520 CINDER RD 3 30.74.2668.01 ADAMS, CATHY 67.50 170.23 386 OUTFIELD WAY S 4 30.74.3200.02 ALLIS HOME INVESTMENTS LLC 60.33 90.14 665 MUSCOVY AVE S 5 22.51.4230.01 AMYX, ELIZABETH 53.38 81.54 349 BOWER ST E 6 23.02.3872.04 BALES, SUMMER 96.05 121.83 1213 MERIDIAN ST 7 24.04.1424.01 BARNEKOFF, SHIRLEY 86.13 206.44 2774 SHERYL ST W 8 30.74.2716.01 BAUGH, JAMES 110.00 166.33 1022 CRESTWOOD DR 9 22.50.1022.01 BEACH, ROXANNE 69.66 162.61 303 GRUBER AVE E NO ARRANGEMENTS ALLOWED-CUSTOMER IS CONSTANTLY LATE OR CHANGING ORIGINAL ARRANGEMENTS. NO MORE UNTIL JAN. 2008. 10 23.02.2530.02 BEARD, SHAWN 8~ KERI 61.96 142.35 1432 4TH ST W 11 46.16.1508.02 BECK, JAMES 51.59 139.29 2156 SICILY ST E 12 30.74.2852.03 BENHAMIDA, KARIM 58.34 216.21 547 SPOONBILL AVE S 13 24.03.0308.02 BITTNER, JAMES ~ PAULINE 50.26 109.67 2065 SNYDER DR W • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Sep 25, 2007 04:30pm Current Period: 10/05/2007 -Transactions I ncluded Through: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 14 25.05.0368.01 BOUDREAUX, JAMES 68.11 168.30 4089 BLUE CREEK DR W 15 23.01.0800.01 BREWER, SID & SHELLY 106.02 162.46 423 BROADWAY AVE W 16 36.69.0574.01 BROWN, JAMES & SHERRY 80.67 167.85 1660 RETRIEVER WAY S 17 23.02.0958.08 BROWN, KATHERINE 138.57 294.54 997 WEST 14TH ST N 18 23.02.4890.04 BURNS, EMMETT 82.43 160.09 1540 15TH ST W 19 30.30.6222.03 CARBONARO, JUSTIN 93.38 138.60 1348 JACKSNIPE DR W 20 23.23.3000.03 CHERNOBIEFF, DANIEL 75.22 105.92 825 8TH ST W 21 30.74.3090.02 CLAY, JAMES & JANE 85.62 150.56 550 PELICAN WAY S 22 30.74.3352.03 CLAY, JAMES 8~ JANE 115.32 351.97 1355 GANDER DR W 23 30.74.2896.05 CLAYBORN, TABITHA & LALONDE, W 125.96 151.74 1520 MERGANSER DR W NO ARRANGEMENTS ALLOWED FOR T.CLAYBORN.:NOT KEPT ON PREVIOUS HOME 24 29.07.0892.03 CLUPHF, CHRIS 64.73 115.03 1900 MERGANSER DR W #1 25 45.20.0319.02 COLVER, RICK 62.02 102.16 3496 MURLO WAY S NO ARRANGEMENTS ALLOWED FOR JARED PETERSON. 26 23.02.1920.01 CONRADI, LINDA 79.00 145.87 323 MAPLE AVE W 27 22.20.0054.02 COOPERSMITH, R. & WILHEREL, C. 65.76 108.31 1233 GALLANT LN N NO ARRANGEMENTS FOR THE RENTERS PER PM! • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Sep 25, 2007 04:30pm Current Period: 10/05/2007 -Transactions Included Thro ugh: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 28 23.02.4770.01 COX, CHRISTI 90.84 221.11 1430 14TH ST W 29 24.03.0402.04 D'ATTILIO, DONALD 106.01 191.00 759 TALL PINE PL N NO ARRANGEMENTS FOR THE RENTERS PER THE OWNER!!! 30 22.51.3282.02 DE LA MOTTE, GLENN & MYRNA 75.43 173.49 119 KING ST E - 4 PLEX 31 23.02.5840.02 DJ INVESTMENTS INC 78.14 188.36 1338 CARLTON ST W 32 35.38.0106.02 ECHOES, KARIN 58.85 102.25 2232 MCPHERSON ST E 33 30.74.3796.02 ESPEY, MATTHEW & ANDREA 92.80 145.20 854 REDHEAD AVE S 34 30.74.2900.03 FARMER, WILLIAM ~ CAREY 53.34 82.55 456 SPOONBILL AVE S 35 22.50.0288.08 FIELDSTAD, CHRISTY 80.81 144.37 41 CARLTON AVE E 36 25.25.0154.04 FINDLING, JENNIE 80.18 157.28 3321 WAVE DR W 37 25.25.0134.03 GILBERTSON, CHANY 84.37 151.79 3354 WAVE DR W 38 35.43.0223.02 GOSSI, NICHOLAS 100.89 139.54 3111 SAVIA PL S 39 23.02.0860.03 GOSSI, NICK 162.77 316.07 1200 PINE AVE W 40 20.46.0112.02 GOWEY, SHAWN L 51.65 156.98 3485 JUDICIAL DR E NO ARRANGEMENTS ALLOWED FOR RENTER (GOWEY) UNTIL 5/7/08 DUE TO BROKEN ARRANGEMENTS. 41 24.04.1746.01 GUERRA, AMY 153.85 337.68 2664 WILLARD ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Sep 25, 2007 04:31 pm Current Period: 10/05/2007 -Transactions Included Through: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinque nt Balance Ref No Cust No Name /Service Address Past Due Balance 42 22.50.4020.03 HAFEMAN, KRISTAN 55.62 109.18 1054 STONEHENGE WAY N 43 22.50.0726.02 HALLOWAY, LEE 59.90 96.73 368 WASHINGTON AVE E 44 25.05.0506.01 HART, RANDY 157.32 385.57 3353 PARK CREEK DR W NO ARRANGEMENTS ALLOWED FOR CUSTOMER UNTIL 2/1/2008-WROTE NSF TO GET/KEEP WATER ON. CASH ONLY PERMANENTLY. 1/23/07-REMOVED NSF ALERT-IF ONE CHECK IS RETURNED, WILL BE ON CASH ONLY INDEFINITELY. 45 46.16.1001.02 HENDERSON, DIANNA 96.35 136.32 3922 MONTAGUE WAY S 46 24.04.1658.03 HERRERA, BRYAN ~ KRISTINA 81.59 203.66 2685 SHERYL ST W 47 30.74.0106.05 HERRMANN, MICHAEL 72.05 192.53 580 LYNHURST PL 48 30.30.6032.02 HINSZ, LYNETTE 70.38 118.75 1475 SILVER SALMON DR W 49 22.50.3710.01 HODOR, LARRY ~ 64.70 177.23 1501 BUCHMAN CT E 50 30.74.3546.03 HOEMBERG, RICK 79.05 131.45 934 HONKER DR W 51 23.02.2880.02 HOFFMAN, DOROTHY 96.59 230.39 608 WASHINGTON AVE W 52 22.50.2088.05 HOLGATE, SHERRY 52.24 116.74 1367 SANDLIN AVE N 53 22.50.0678.01 HOOVER, LYND M 66.38 307.59 13184THSTE 54 22.50.0074.02 HOREJS, ANN & MICHAEL 132.76 155.84 924 4TH ST E • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Sep 25, 2007 04:31 pm Current Period: 10/05/2007 -Transactions Included Through: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 55 36.69.0562.01 HUFF, HARLAN & SAUNDRA 59.22 117.39 1110 BORZOI ST E 56 24.61.0108.02 HYMAS, LOGAN 95.30 182.18 907 CLARA AVE N 57 23.23.3006.03 JENSEN, DAVID 54.82 87.01 862 IDAHO AVE W 58 25.25.0158.03 JONES, ANDREW 63.52 160.17 3265 WAVE DR W 59 25.95.0909.02 JONES, JEFF 56.08 116.24 4318 HEARST ST W 60 24.04.1138.02 JONES, NATHAN 99.07 136.81 1040 MAURA AVE N 61 23.01.2720.02 JOY, JENNIFER 68.56 155.55 1535 BIDDICK ST W 62 22.51.4260.01 JR SIMPLOT CO 78.44 165.69 360 BOWER ST E 63 29.07.0894.03 KALINOVSKI, VITALIY 60.11 89.92 1922 MERGANSER DR W 64 46.16.0820.02 KELLEY, JON 83.09 134.14 3882 CAPULET AVE S 65 23.02.6970.03 KING, THOMAS ~ STEPHANIE 65.38 139.74 917 CARLTON W 66 25.95.0715.02 KURTIC, ZLATKO & NAFKA 74.97 114.34 1109 WOLFSBURG AVE N 67 30.74.0426.01 LACY, GLORIA 54.67 123.57 623 BARRETT ST W 68 23.02.5880.02 LAWRENCE, MICHAEL 71.53 215.93 1444 CARLTON ST W 69 22.50.2428.01 LEONARD, DAMON & KELLY 61.91 144.35 1332 PENRITH AVE N 70 22.50.3716.04 LEVITY, DR MONTE 78.85 181.38 999 SCRIVNER WAY N 71 30.74.2488.02 LILLY, JOANNA 102.77 239.77 1315 HEIDI PL S • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Sep 25, 2007 04:32pm Current Period: 10/05/2007 -Transactions Included Through: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 72 35.35.0161.02 LINDSTROM, JEFFERY & 96.40 163.03 2700 DWORSHAK DR E 73 24.04.1800.05 MADOLE, MADELENE 57.22 160.77 2424 SANTA CLARA DR W 74 23.02.1370.02 MAIN, MICHAEL & TINA 69.07 174.42 1607 1ST ST W 75 24.04.1984.02 MALL, RANDY W. & KRIS 75.02 198.92 2167 SONOMA DR W 76 36.36.0978.02 MARTINEZ, ISRAEL ~ 100.78 127.89 468 FOREST RIDGE DR E 77 24.03.0070.02 MASKELL, BRIAN 8~ KAREN 100.52 193.22 646 TIDWELL WY N 78 24.04.1674.04 MASONHEIMER, STEVE 60.49 225.51 1572 HAVEN COVE AVE N 79 32.32.4606.01 McCALLISTER, GARY 78.17 140.57 2115 BOWSTRING ST E 80 30.74.2566.01 McFARLAND, SCOTT & NATALIE 85.76 221.45 991 PENNWOOD ST W 81 36.36.0986.02 McKINLEY, BRAD 129.95 236.81 437 FOREST RIDGE DRS (CORNER) 82 25.05.0204.03 MEARS, CASSANDRA 58.16 243.95 1413 LITTLE CREEK AVE N 83 36.69.0564.06 MEHMOOD, ADINA 290.57 359.74 1088 BORZOI ST E 84 37.72.0204.04 MEYER, LISA 80.25 150.00 1962 RIPTIDE AVE S 85 23.02.0428.03 MITCHELL, JESSE & JEN 99.33 201.79 1010 W EST 5TH AVE N 86 34.60.1116.03 MOHAR, CELESTE 58.85 91.04 3712 RAJA DR E 87 30.30.6162.03 MOORE, CHERYL 61.77 142.47 955 SPOONBILL AVE S CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Sep 25, 2007 04:32pm Current Period: 10/05/2007 -Transactions Included Through: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinque nt Balance Ref No Cust No Name /Service Address Past Due Balance 88 24.04.0856.03 MOORE, JACOB 70.55 111.85 1136 ROPER PL N 89 23.01.0750.03 MORTENSEN, KENT ~ BARBARA 51.92 85.76 607 BROADWAY AVE W 90 24.04.1408.02 OLIVER, ORLANDO 52.47 137.02 1485 HAVEN COVE AVE N 91 30.74.3206.01 OLSEN, RONALD L 8~ CAROL A 84.00 132.20 822 GREENHEAD ST W 92 22.50.3846.05 ORTON, DAVID 94.29 129.63 1418 SOTHESBY ST E 93 22.50.0084.02 PARSONS, KEELY A. 64.50 87.58 435 STATE AVE E 94 37.72.0128.02 PENA, ROSE 149.24 271.18 1928 GULL COVE PL S 95 25.05.0198.04 PENN, ROBERT 82.10 220.43 3885 PINE CREEK CT W 96 23.01.1820.04 PEREZ, MARIAN 70.51 133.17 725 IDAHO AVE W 97 23.01.3130.02 PETERSON, JIM 121.71 395.52 935 PINE AVE W 98 23.01.4850.02 PIERCE HARDY L.P. 605.81 1,220.43 1100 TAYLOR ST W 99 23.23.3982.02 PONGS, DALIBOR & MELISSA 64.68 106.90 937 BROADWAY AVE W 100 23.02.1700.04 POPE, GERARD ~ JANET 53.56 166.05 125 CHERRY LN W 101 24.04.2006.02 ROBINSON, RICHARD ~ 69.00 228.93 2060 SUNNY SLOPE DR W 102 23.25.0001.01 ROCK CREEK PINES LLC 110.36 372.03 SPK -ROCK CREEK 103 20.47.0074.02 RUMSEY, PHILIP $ JENNIFER 79.38 176.25 4111 DRIFTWOOD DR E '~ . f CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Sep 25, 2007 04:33pm Current Period: 10/05/2007 -Transactions Included Through: 10/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 104 32.32.4020.02 RUTHS, GARY 84.08 137.20 729 TRUSS AVE S 105 30.74.2574.03 BALEEN, BILL 8~ THERESA 85.67 249.62 919 PENNWOOD ST W 106 30.74.5034.02 SCHEYER, SANDY 84.94 170.41 80 W EST 8TH AVE S 107 30.74.2966.02 SCHLESINGER, ROBERT & ZAIDA 60.08 133.08 548 CINDER RD S 108 34.60.2003.01 SCHROEDER ENT 62.08 85.16 4072 PINE BLUFF DR E 109 35.35.0258.03 SHORES, DAVID 8~ CARRIE 69.06 117.10 2346 GREEN CANYON DR E 110 21.48.8905.01 SPARROWHAWK LLC 885.26 2,806.98 SPK -1960 FRANKLIN RD 111 23.02.2170.03 STALFORD, SHANNON 94.09 195.51 232 CHERRY AVE 112 24.03.0828.03 SWENSON, WILLIAM 8~ NANCY 75.46 124.27 2429 SNYDER ST W 113 23.02.1730.02 T & T INC 116.50 203.75 403 CHERRY LN W 114 24.04.1842.04 TABUCHI, GRANT T & CHRISTINE M 83.79 198.61 2415 SANTA CLARA DR W 115 46.60.0118.02 THAMMAVONGSA, SUWANKHAM 76.23 132.49 3711 ARNO AVE S 116 22.51.0862.04 TIEDJE, GARY 54.39 95.29 315 PINE AVE E 117 35.43.0216.02 TOMPKINS, EDWARD 74.21 104.02 3146 SAVIA PL S 118 35.65.0686.02 TRASKA, JOHN 54.29 108.58 1928 BLUE TICK ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Sep 25, 2007 04:33pm Current Period: 10/05/2007 -Transaction s Included Through: 10/05/2007 Shutoff Minimum of $ 50.00 compa red to Delinque nt Balance Ref No Cust No Name /Service Address Past Due Balance 119 24.03.0398.05 TRIMINIO, OSCAR & ENELDA 60.91 142.35 823 TALL PINE PL N 120 22.50.0680.01 TRUST, LYND HOOVER 81.38 146.93 1320 4TH ST E 121 37.50.0401.02 VIERRA, ROSE 91.18 142.33 237 ORSO DR W 122 35.38.0303.02 WAGNER, ZACH 8~ HELBERG, L. 71.99 118.54 3113 GUNNELL AVE S 123 25.05.0660.03 WARD, JEFF & JEANINE 120.81 312.55 1350 LAUDERHILL WAY N 124 34.34.6284.02 WARDLAW, RYAN & LINDSEY 93.49 163.18 2889 PROUD WAY S 125 24.04.2240.01 WERRIES, DARRELL 74.48 210.44 1798 SUNNY SLOPE DR W 126 25.05.0792.01 WICK, DON 92.89 251.30 3732 PINE CREEK CT W 127 32.32.4932.02 WITTE, JOHN ~ MELODY 57.72 81.85 1646 BOWSTRING ST E 128 22.50.2418.02 YEAGER, RON & YEAGER, ROBERT 98.16 162.52 1383 DRUCKER ST E Grand Totals: 128 Customers Listed 12,268.50 25,718.03 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle =1 Customer.disconnected = No Customer.shut off list = No Broadcast Report - ~ ate/Time 09-21-2007 03:57:45 p.m. Transmit Header Text Cltyof Meridian Idaho xal ID 1 2088884218 Local Name 1 Line 1 Kcal ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5"x11 " f lease`~os+-~r ~Ub~~ No~h~ec --Thc~sl C~;~-~E TDIAN~-- CtTY COUWClL REGt,I..AR t D A ~ o MEETING AGEPIbA City Council Chambers 33 East Idaho Avenue, ~erldfiin, htaho Tuesday, Sspteml4er 25, 2007 at 7:00 pm. "Although the City of A9erddlen no longer regulres at+varr- testtmony, ell presentations b8fore the RAeyor and City Courmdl are expected to Ba bx+Uafut end honest to the best of the ability of the presenter." 1. Roll-tall Attendance: bavid zaretnba Jae Gorton Charlie Rountree Ketth Bird Mayor Tammy de Weald 2 Pledge of Allegiance: 3. Cammunlty Invocatlon by Pastor Shawn Regan with The Cfiurch of God Seventh Day: 4. Adoption of the Agenda: 5. Consent agenda: A. Approve Minutes of August 28, 2007 Cltyr Council Regu~r Meetlng: B. Approve Minutes of September 4, 2007 City Coundi Regular Heating: C. Findings of Fact and Contlusiona of Law for Approval: PP 07- 071 Request for Preliminary Pla# approval for 1H commet#al building Iota on 18.6 acres in a C-f zone, for ou Commercial Southvr~ by iJst(ck Marketplace, LLC -Northeast Comer of North Linder Road anal West McMillan Road: Meriden City Coum~ Meafirg Agenda - September 2$. 2047 Page t of4 All materi~ preses>ted et public msedngs eheQ become properly of tlia CUy oflAerid~an. Anyone deehV,g acconmon fordsab2ides ret~etl bo daann~ erMior hear4~, pieaea cm~attlte Cbyr t~mks Clftia at 988-4433 al iees148 hauB pdarto the puNto nsaeting. .J A Twf.~r o~..~ rnnft.n,mrl • Nis ... No. y..,...__. Job ...__ . . Remote Station Start Time Duration Pages Une Mode Job Type Results 001 077 3810160 02:43:18 p.m.09-21-2007 00:03:37 4/4 1 EC HS CP9600 002 077 8989551 02:43:18 p.m.09-21-2007 00:00:57 4/4 1 EC HS CP19200 003 077 2088848723 02:43:18 p.m.09-21-2007 00:00:45 414 1 EC HS CP28800 004 077 8886854 02:43:18 p.m.09-21-2007 00:00:43 414 1 EC HS CP31200 005 077 2088985501 02:43:18 p.m.09-21-2007 00:01:05 4/4 1 EC HS CP28800 006 077 8467366 02:43:18 p.m.09-21-2007 00:00:48 4/4 1 EC HS CP28800 X007 077 8950390 02:43:18 p.m.09-21-2007 00:00:44 4/4 1 EC HS CP33600 Broadcast Report ~ )ate/Time 09-21-2007 .ocallD 1 2088884218 .ocal ID 2 03:57:53 p.m. Transmit Header Text Cltyof Meridian Idaho Local Name 1 Llne 1 Local Name 2 Line 2 No. Jab Remote5tatlon StartTlme Duration Pages Llne Mode Job Type Results 008 077 208888 2682 02:43:18 p.m. 09-21-2007 00:00:43 4/4 1 EC HS CP33600 009 077 2083876393 02:43:18p.m.09-21-2007 00:01:25 4/4 1 EC HS CP14400 010 077 2877909 02:43:18p.m.09-21-2007 00:00:43 4/4 1 EC HS CP33600 011 077 2088885052 02:43:18 p.m.09-21-2007 00:00:44 414 1 EC HS CP31200 012 077 8881983 02:43:18 p.m.09-21-2007 00:00:47 4/4 1 EC HS CP26400 013 077 2083776449 02:43:18 p.m.09-29-2007 00:01:35 4/4 1 EC HS CP14400 014 077 4679562 02:43:18 p.m.09-21-2007 00:00:50 4/4 1 EC HS CP24000 015 077 8886700 02:43:18 p.m.09-21-2007 00:00:00 0/4 1 -- HS FA 016 077 8884022 02:43:18p.m.09-21-2007 00:01:29 0/4 1 G3 HS FA14400 017 077 3886924 02:43:18 p.m.09-21-2007 00:00:46 4/4 1 EC HS CP26400 018 077 8841159 02:43:18 p.m.09-21-2007 00:00:43 4/4 1 EC HS CP31200 019 077 8840744 02:43:18 p.m.09-21-2007 00:00:46 414 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 T5: Terminated by system G3: Group 3 VUS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correa ~~egse~st-For P~nbUC~o+~~e _-Thol~KSl (~E IDIZ IAN*~-- ~J CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, September 25, 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 Shawn Regan with The Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of August 28, 2007 City Council Regular Meeting: B. Approve Minutes of September 4, 2007 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PP 07- 011 Request for Preliminary Plat approval for 18 commercial building lots on 18.5 acres in a C-G zone, for Paramount Commercial Southwest by Ustick Marketplace, LLC -Northeast Comer of North Linder Road and West McMillan Road: Meridian City Council Meeting Agenda -September 25, 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. • D. Development Agreement: RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene -150 West Maestra: E. Approve Agreement with Briahton Corporation for Water Improvements in Coordination with Briahton Corporation Proiect Intersection Linder Road and McMillan Road: F. Approve Task Order 0713 with Civil Survey Consultants, Inc. for Engineering Services Related to 2008 Water System Flush Lines Project for $37,665.00: G. Approve Change Order for McAlvain Construction and ILS Company, Inc. for MYB Complex at Settlers Park in the amount of $20,600.00: H. Approve Task Order 0718 for Professional Services with Civil Survey Consultants, In_c. for Engineering Consulting Services for Municipal Water and Sewer Systems not to exceed $20,000.00 I. Approve Sanitary Sewer and Water Easement with Ten Mile Center, LLC for McNelis Subdivision: J. Approve ICRMP Insurance Renewal with Joint Powers Subscriber Agreement: 6. Department Reports: A. Mayor's Office: 1. Appointment of Tom LeClaire to Impact Fee Committee: B. Finance /Purchasing Department: 1. Construction Manager Change Order No. 2 for MJ's Backhoe St Excavation for Removal of Unsuitable Soils for New City Hall Project: C. Planning Department: 1. Joint Meeting with Ada County Highway District Items for October 1, 2007: Meridian City Council Meeting Agenda -September 25, 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. ~~ - 3~d Street - Ustick/Linder - Use of STP-TMA Funds - Alliance and Future Funding of Roadway Projects - Commercial Lane Extension D. Legal Department: 1. Red Cloud /Mountain View High School Access: 7. Items Moved from Consent Agenda: 8. Tabled from September 18, 2007: Idaho Power Company Update by Layne Dodson: 9. Request for Reconsideration for Anytime Fitness by Dave Evans Construction: 10. Findings of Fact and Conclusions of Law for Denial: AP 07-008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone distl-ict within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: 11. Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: 12. Public Hearing: MDC Proposed Fees In Lieu of Parking Polic 13. Public Hearing: 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 -SEC of S. Stoddard Road and W. Overland Road: 14. Tabled from September 18, 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: Request to be tabled to October 2, 2007 Meridian City Council Meeting Agenda -September 25, 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. FP 07-029 Request for Final Plat approval for 24 single-family building lots and 4 common lots on 7.56 acres in an R-4 zone for Eastwood Subdivision by Wirt and Francis Edmonds - 4515 S. Locust Grove Road 16. Ordinance No. RZ 07-012 Request for Rezone of approximately 22.7 acres from an R-8 to a C-G zone for Valley Shepherd on Meridian by the Valley Shepherd Church of the Nazarene - 150 West Maestra: 17. Resolution No. New Meridian Building Fees: 18. Resolution No. Approving Amended By- Laws of the Parks & Recreation Commission and Appointment to Seats: 19. Resolution No. Approving By-Laws of the Meridian Arts Commission: Meridian City Council Meeting Agenda -September 25, 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.