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HomeMy WebLinkAbout2007-06-26• ,~ .~ ~ d C17'Y OF ~{~,r 4 '~- ~, ~ a~ C~~~ri~l~n ~_ IDAHO ,) y Fc ~q ~ Tr~.n;ur~ V n>~'~ pc~ 19U3 • Reeised 06-26-07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 26, 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 k Joe Borton ~_ Charlie Rountree X Keith Bird ~_ Mayor Tammy de Weerd 2. Pledge of Allegiance: .Sa ~+ ~a>ti~.c..~ Ca.,~• ~ , Z ac. 3. Community Invocation by Pastor Kevin Moyer with Meridian First Baptist: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 5, 2007 Pre-Council Meeting: ~~~~...~.- B. Approve Minutes of June 5, 2007 City Council Regular Meeting: ~r~~ C. Development Agreement: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road and RZ 07-003 Request for a Rezone of 0.38 of an acres from L-O to C-G zone for Hartz Music Shoa by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: ~~,~,,,,..~~„~. Meridian City Council Meeting Agenda -June 26, 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. 1. J • Redised 06-26-07 ®~ Development Agreement: AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: ~,~ ,~ 7~/0-07 E. Approve Beer $ Wine License Transfer from Harks Corner, Inc to Jacksons Food Stores Inc for Jacksons Food Stores #118 at 1651 W. Franklin Road: ~ F. Approve Chance Order No. 4 for the Wastewater Treatment Plant Expansion Proiect with JC Constructors, Inc. for $157,019.41: ~.~~.- G. Award Bid /Approve Contract for Well No. 27 to Treasure Valley Drilling gz Pump, Inc. for $251,300.00: .~y~~.-.. H. Approve Contracts for Phase II of New City Hall Project Packages 6, 7, 8 and 10: ,,,.~.- Architecture Building Supply Co. $7,820.00 American Wallcover, Inc. $363,287.00 Custom Glass, Inc. $295,321.00 Schindler Elevator Corporation $222,100.00 6. Department Reports: A. Parks Department: ~~ y f~-y 1. Update on After School Pilot Program with Meridian Middle School: B. Legal Department: /~~Y~ ~~ 1. Approve SWAC funding recommendation for Meridian Academy for the purchase of picnic tables and benches for $1,500.00: a~r'~-•--• ~. 2. Approve SWAC funding recommendation for Boys 8c Girls Club of Ada County for an addendum of $2630.00 for the creation of a statue and benches for Centennial Park: u~o we. 7. Items Moved from Consent Agenda: ~ ~.. s-- 8. FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No. 1 by Landmark Development Group, LLC -SEC of Eagle Road and Ustick Road: ~i/6~ ~ ~/60 '0 7 Meridian City Council Meeting Agenda -June 26, 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. • • Reeised 06-26-0'7 9. FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C-G zone for Gateway Marketplace Subdivision No. 2 by Landmark Development Group, LLC - SEC of Eagle Road and Ustick Road: ~ii6-Cc ~ 7-/®-v 7 10. Continued Public Hearing from June 5, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: ~~n ~i n~ p /h. ~ 7-/ 7~v ~ 11. Continued Public hearing from June 5, 2007: Parks Master Pathway Plan: ~'rn~.~h~.,,c~ ~b /h. ~ 7~/7~ 07 12. Public Hearing: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: `~,,, fr,;,r,,,e /, /~ ~c.o 71/0,07 13 Public Hearing: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: /~ ate- ~/~ t c~-f ,~- ~~r~~-e- 14. Public Hearing: RZ 07-007 Request for a Rezone of 0.19 of an acre from an I-L to an O-T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt - 305 W. Broadway Avenue: /'~~' o~..~.- ~lFf c% ,,4,r ~•-~ 15. Public Hearing: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C-G zone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: ~,.y,,~,,~ ,~1~~` ~1.~ ~. ~~,~ 16. Public Hearing: ZOA 07-001 Request for a Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment # 2 by the City of Meridian Planning Department: v-c~ 17. Public Hearing: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O-T zone for the Busted Shovel by Sherer & Wynkoop, LLC - 704 N. Main Street: L~•.Tf /~ /h ~ 7~~7~v 7 Meridian City Council Meeting Agenda -June 26, 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 06-26-0~' 18. Public Hearing: AP 07-005 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sian by Todd Mendel - 1640 W. Cheny Lane, Suite 100 (Lot 2, Block 1 of Cherry Lane Crossing Subdivision): 19. Ordinance No. 07-1186 B Amendment to Ordinance No. 05-1186 and 05-1186A for correction of legal description: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Sauare Subdivision by JLJ Enterprises, Inc. -SEC of Jericho Road and Chinden Boulevard: a~~ ~ 20. Amended Ordinance No. 07-1292B AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: ~~~,.~ wc_ 21. Ordinance No.~-a-~v-- AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahlauist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: ~iG ~ ~D 7~Cp-07 22. Ordinance No. O 7~ l32 ~ AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shoa by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: ~7''I''''~°"~" 23. Ordinance No. ~ ?--~ 32 RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the properly located at 1990 North Meridian Road for Hartz Music Shoa by Hartz Music Shop - east side of North Meridian Road & north of East Fairview Avenue: ~~~~,~.c~. 2q. c-Xe~.,~ ~Jr,~.. 6~-Z~~s C~J C~) Meridian City Council Meeting Agenda -June 26, 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 Citv Council Meeting June 26, 2007 A meeting of the Meridian City Council was called to order at 7:05 P.M., Tuesday, June 26, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Bill Nary, Will Berg, Anna Canning, Len Grady, John Overton, Ron Anderson, Doug Strong, Matt Ellsworth, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this meeting tonight to order. Thank you for joining us here. It is Tuesday, June 26. It's five minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Tonight's meeting at the pledge of allegiance we are going to be led tonight by Samantha, Camie, and Zach. If you will, please, come and join us up front and all rise? (Pledge of allegiance recited.) De Weerd: I do have pencils for each of you for leading us tonight and I'm sure Councilman Bird has candy, if your mom doesn't mind. Bird: Mom doesn't care? So does Councilman Rountree. Rountree: Happy Halloween. Bird: Help yourself. Take it all. Rountree: And if you don't like one of those, the Mayor will eat it. Item 3: Community Invocation by Pastor Kevin Moyer with Meridian First Baptist: Meridian City Council June 26, 2007 Page 2 of 70 l J De Weerd: Thank you, Councilman Rountree. Item No. 3 is our community invocation. Tonight we will be led by Pastor Kevin Moyer and he is with the Meridian First Baptist Church, currently under construction. We would invite you to join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor? Moyer: Let us pray. Our Heavenly Father, we are thankful tonight that we can enjoy such wonderful blessings. We are thankful for our children and just the pure joy of having their involvement with us and thank you for this wonderful community. We are just grateful that we can move forward, just showing support one for another, pulling together as a community, even tonight, Father, we are thankful for the leadership here in Meridian and for our Council members. We are privileged in our wondertul city to have working relationships that, Lord, are really reflective of a desire to help people and to pull us together and to really, again, show our love one for another. I pray you give us real wisdom and discernment tonight as we look at many different issues and that you would give the ability to know how to listen well and hear what's being said on both sides. And, again, Father, that we thank you for the liberty that we have in our country, for the justice that is here. And it's not perfect, but we try our best. Continue to give us strength and ability to honor one another and to honor you for your many blessings to us. We are thankful for this time tonight. We ask these things in our Savior's name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before I do the adoption of the agenda, we have a young lady out here that this may be her last Council meeting. She has been working with us for two years and I just want to publicly thank her for everything that she and the Statesman have done for the City of Meridian. They have been very fair and we certainly appreciate everything you have done, Hillary, and we hope you will come back and join us again. Thank you very much. Rountree: And that's as a planner. De Weerd: You can come back as a planner. Rountree: A planner. Bird: Anyway, with that, Mayor, I move that we adopt the agenda. We do have some changes. Item No. 8 and 9 has been asked to be continued to 7/10/07. Item No. 17 Meridian City Council June 26, 2007 Page 3 of 70 was not posted right, so that will be continued to 7/17/07. Items 21, 22 and 23 will be ordinance numbers 07-1322, 1323, 1324 and 1324. And we have asked -- would like to add Item No. 24, which is an Executive Session as per Idaho State Code 67-2345(1)(f). With that I'd move that we approve the revised agenda. Rountree: Second. Zaremba: Madam Mayor? De Weerd: I have a motion and a second. Discussion, Mr. Zaremba? Zaremba: I would ask that Item 5-D be moved off of the Consent Agenda to become Item 7. I have found a paragraph that I believe does not actually relate to that development agreement, which will require some discussion. Bird: Which item? Zaremba: Item D, the Ahlquist Annexation. It will take just a couple minutes of discussion and, therefore, doesn't qualify for Consent. Bird: So moved. I agree with it. Rountree: Second concurs. De Weerd: Okay. I have a motion and a second. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 5, 2007 Pre-Council Meeting: B. Approve Minutes of June 5, 2007 City Council Regular Meeting: C. Development Agreement: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road and IZZ 07-003 Request for a Rezone of 0.38 of an acres from L-O to C-G zone for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: Meridian City Council June 26, 2007 Page 4 of 70 C~ E. Approve Beer & Wine License Transfer from Harks Corner. Inc to Jacksons Food Stores Inc. for Jacksons Food Stores #118 at 1651 W. Franklin Road: F. Approve Change Order No. 4 for the Wastewater Treatment Plant Expansion Project with JC Constructors, Inc. for $157,019.41: G. Award Bid /Approve Contract for Well No. 27 to Treasure Valley Drilling 8< Pump, Inc. for $251,300.00: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda we have been -- it's been qualified to move Item D to 7- D. And with that, I move that we approve the rest of the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. De Weerd: I have a motion and second to approve the Consent Agenda. Any discussion? Hearing none, Mr. Berg? Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department: Update on After School Pilot Program with Meridian Middle School: De Weerd: Item 6 under Department Reports, we have the Parks Department with an update. Mr. Strong? Strong: Thank you, Madam Mayor, Members of the Council. Appreciate the opportunity to come back to you and talk about the pilot program that we did with the Meridian School District for an after school program. As you recall, we started late in the school year in April and ran it through the end of the school year in the first part of • Meridian City Council June 26, 2007 Page 5 of 70 June. So, we put together kind of a re-capsulization of what took place during the after school program and we will discuss following the report any questions that you may have. We started the program on April 16th and we ran it through June 1st. We had a staff of one supervisor and three part-time staff. We worked toward aratio -- a staff ratio of one staff member to ten participants in the program. We had a total enrollment over the course of this pilot program of 15 students. The maximum daily attendance that we had was 12 and the lowest was five. As you recall, you supported a budget of 11,800 dollars for the program. We actually spent 5,593 dollars on the program and that's primarily because we didn't get the enrollment -- the maximum enrollment that we anticipated or planned for, so we didn't have to staff it at the level that we had planned for, so -- De Weerd: Well, it looks like the rest of it was spent on liability. Strong: That actually is one of the activities that they participated in and it will show that -- you will see that in the list. That's a climbing rock that was brought and they did do a field trip one day and -- when they were able to experience that climbing rock, which was quite an event. These are the types of activities that took place over the course of a few weeks and as you can see there is quite a variety of things. Typically, if we had a year long after school program many of these activities would take place over a longer period of time, but we were experimenting with the different things that would work and trying to create interest in the program. So, it was quite a variety offered from the beginning. You can see down toward the bottom the Eagle Island field trip was one of the field trips that was taken. And, then, the climbing wall field trip, which was -- the climbing wall was brought to the group by the Idaho National Guard and it was quite a hit. And nobody hit the ground, so it was very successful. These are some pictures of some of the activities and showing some of the youngsters in the program and the types of things that they did. The picture on the upper left in this one shows some of the people that came into help with the program outside of the staffing that -- in the different events. Zaremba: Some of those children look familiar. Are they sitting in front of us? Strong: Perhaps they are. What we leamed from the program in this short pilot project -- and as you recall our discussion when we were -- when we brought this forward was is it enough time to really decide whether the program works. And we knew going into it that that short period of time would create some challenge in determining where to go or what might work with the program. But these are some of the things that we leamed in doing the program. We needed more promotion of what the program is and part of this is in part due to what the students at the school understood the program to be. It's not a remedial program or a detention program after school, but something that was structured activity for them to team new skills and to participate in fun activities following their structured school day. So, that's the second bullet there that is creating a clear idea of what the program is intended to do. There was some staff demographics that i ~ Meridian City Council June 26, 2007 Page 6 of 70 we wanted to look at is that maybe in our staffing of the program maybe a different energy level with some of the people that we picked. There was one staff member that was a little older and I understand didn't have quite the energy that maybe a younger staff member would have for some of the activities. So, staff is always a key element in the success of a recreation program. So, that was one thing we teamed. Organization is certainly important and with more time, better organization I think will take place. We were scrambling to get things together and organization is a real key to the success in getting the word out, getting supplies there, getting staff lined and trained, so forth. The original aim of the program certainly was good and we just need a more defined path on how to get there. As you recall, the form that we handed out had pretty specific guidelines for what we expected young people to get from the program and so that still is a solid base for what the program is intended to do. So, for next year we -- if we go ahead with this program we plan to focus on promotion and provide information to students and parents during registration. So, now a press release is before school starts, continue with them through the first two months of the school year and, then, continue daily announcements of the activities during school hours just to promote the program. Advertise each week's activities at the school on bulletin boards and different locations. We also want to further partnerships with other organizations that provide programs for youth and particularly after school activities, like the Boys and Girls Club, the YMCA. There is a new alliance being formed as part of the State Department of Social and Health Services called the Idaho After School Alliance and they are hoping to form an advocate group for state and local level support of quality -- quality programs and accessed after school programs. They are just intending to establish a system of training staff, coordinators, directors, stake holders, decision makers. So, this is relatively .new that -- as far as we are aware and it should be a real good resource for furthering all after school programs, not just this one in the state. We certainly want to continue our partnership with the Meridian Police Department and the Meridian School District as well. Plans for next year in staffing, we want to recruit staff at local colleges and universities in education and childhood development departments. Hire applicants who are interested in being active with children in a recreation setting or an education setting perhaps. One staff is hired and provide comprehensive training for them that -- over alonger period of time than we are able to during our pilot program and, then, continue with monthly staff meetings for ideas, improvements, continuing -- and continuing success of the program. We want to plan after school programs scheduled on a monthly basis, so that it can be advertised what the activities are well in advance of when they take place. Continually distribute a monthly schedule to students, even those who do not regularly participate in the program. And, then, allow for more flexibility in the program. Have activities for students who do not want to participate in the daily activities. With more children in the program there is actually more opportunity for flexible programming, because you can divide the group up more and when you have a small group and you have to limit your staffing because of the size of the group. So, actually, numbers would increase flexibility in the types of things that could be offered with the groups. What we think is -- what good the program is, what -- the value that we went from a -- when we look at national initiatives and how it adds local value. Meridian City Council June 26, 2007 Page 7 of 70 • The National Parks and Recreation Association is just one example of national organizations that promote active lifestyles for people that much of what they do is focused on children. They have a program called 60 Minutes of Play Every Day For Every Child and an after school program is an excellent way to promote that, so that it's a way to combat childhood obesity and you can promote good nutritional habits and support some of the national initiatives that are out there to help keep kids healthy and active. There is a program sponsored by Nickelodeon -- it's a Nickelodeon initiative that's actually very much focused on the same thing, healthy lifestyle, healthy nutrition. It's actually part of the Bill Clinton Foundation, the National Heart Association, and the National Boys and Girls Club nationwide and it culminates, actually, at the end of this month in a national Let's Just Play Day across the country for those programs to participate in. So, we want to link into some of those kinds of national initiatives that are being promoted in state and local communities and tie that into the after school program. De Weerd: I guess we should have had this presentation before we handed the candy out; right? Strong: We did provide snacks every day when they first arrived at the program. So, they are -- Bird: There is nothing wrong with candy. Strong: That's the end of the program. So, I'd certainly stand for any questions that you have. Just as a heads up, we -- when we come with our budget presentation next month we will have an enhancement to fund an after school program for this next full school year. De Weerd: Before I open it to questions, do any of you have any questions? Gloria, do you have anything you would like to add? Eggers: First of all, I have some t-shirts. McU Sports was kind enough to donate some t-shirts. McU Sports was kind enough -- Rich Urresti, I ran into him at one of the snack places and he gave us some t-shirts. Okay? And all the kids -- we had a t-shirt contest. Zaremba: Cool. De Weerd: All right. Rountree: All right. De Weerd: Thank you. Okay. Gloria, if you could state your name for the record. Eggers: Gloria Eggers. E-g-g-a-r-s. Meridian City Council June 26, 2007 Page 8 of 70 De Weerd: There you go, Dean. Anything you need. ~~ Strong: Gloria actually was a recreation specialist hired to supervise the program, just as clarification for why she's talking to you. Eggers: And LeAnna Thomas hired me before -- larger size. De Weerd: We will return to Doug any sizes we don't use. Eggers: Thank you, Doug. I appreciate your work. This is very encouraging. I appreciate every -- what we did here. The support from the recreation department. I appreciate Diane Stewart and Jana Smith for helping me put together a lot of a-mails and printing and the lack of time that we had. Thanks, Doug. Lisa Austin, the principal, mentioned to me that we should not be concerned about the numbers. We are planting seeds and we will soon grow a forest. She's very excited about the program. Rhonda McDunough, the Athletic Director, she loved the energy behind the program and she said where would these kids be if they weren't at our program every day. And I know she doesn't want to talk and I really didn't want to talk, but I'm real excited to have this program going. But this is Kristin Rath. This is Sammy's mom. And -- do you want to say a little bit? De Weerd: If you will state your name for the record. Rath: Kristin Rath. I just appreciate the program very much and I'm excited for my son, he will be in sixth grade next year and as far as Samantha's grades, they are coming up. She was excited to go. She went almost every day. She just loved it. So, I think it's a very very good program. De Weerd: Thank you. Rath: Thank you. Eggers: Thanks, Council. De Weerd: Well, thank you. You were able to -- the program came together very quickly and we sure appreciate your principal's dedication to our community and being a community partner. Eggers: It was a seven week program. We started April 16th to June 1st. Seven weeks. And I want to mention that Toni Root, art teacher at the Meridian Middle School, and Gina Zoeller, these ladies were there three or four days a week for us. Brian Schreiner taught art classes. The Idaho National Guard was one of the -- he was willing. And Karen Magnum taught wonderFul healthy cooking classes. One thing that Meridian City Council June 26, 2007 Page 9 of 70 Rhonda mentioned is that if we could -- on a monthly basis get together a group, say cooking one month, just have a nice class one month, where we -- the kids know -- and I think the time frame, too, from 2:45 to 6:00 o'clock is a little bit long. We kind of start to lose their attention a little bit and maybe at 5:00 o'clock, 5:15, the kids can go home. But we are keeping them off the streets. That's why Rich Urresti said what are you doing now, Gloria. I says, well, I'm working on a program with Meridian. Why? Keeping the kids off the street. And he said I'll help you out. Okay. Thank you. Zaremba: Thank you. Strong: Madam Mayor, Members of the Council, I just want to thank Gloria for -- as you can tell, Gloria has a tremendous amount of energy and that comes across in the program and I guess my analogy -- I don't know if I have shared this with Gloria. I have a Jack Russell terrier at home that has a tremendous amount of energy and she kind of reminds me of my little dog Daisy May, so -- and I think the kids really appreciated that energy and enthusiasm for what she did, so -- De Weerd: Well, we appreciate it and we know it takes a lot of people to make a program work, so thank you. Zaremba: Madam Mayor? De Weerd: Council, questions? Yes, Mr. Zaremba? Zaremba: Yes. I'm excited that 15 kids participated in a pilot program. I mean we clearly knew that this was going to be started up suddenly and run for a short time. I'm thrilled that it proved itself to that point and is going to be continued next year. I guess my question is just a clarification. Next year it will still only be at Meridian Middle School or are we thinking other schools? Rountree: Doug's not paying attention. Zaremba: Mr. Director. A question directed at you. Is this still only going to be at Meridian Middle School next year? Strong: Madam Mayor, Members of the Council, and Councilman Zaremba, that currently is the plan of what's being proposed and apologize for my not paying attention. I was asking Captain Overton if he wanted to share any of the crime statistics showing that crime was down because of this program, but we didn't quite get there, so I was not paying attention. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. • Meridian City Council June 26, 2007 Page 10 of 70 • Bird: Doug, I compliment you and your staff and the people that worked on this, because it was short notice and we didn't fall on our face. We come up with agood -- we come up with a great program and in such a short time and if we have one kid there that's -- we are doing -- you know, the more the merrier, but if one kid is helped it's worth the program. Rountree:. Madam Mayor. Bird: I think -- oh, excuse me. Rountree: Go ahead. Go ahead. Bird: I was being slow for once. I think that for this next year, doing -- I, too, want to see it at Meridian Schools, all of them later, but I think for next year to do the job, get one through one complete year, I think one school would be great and, then, we can go from there. But just express to your staff and to the people that work there that I appreciated the way it went down and the success we had. Thank you. De Weerd: Okay. Any other questions or -- Rountree: Madam Mayor, just a comment along the lines of Councilman Bird's, that thank you all, those that gave of your time and energy to do it and thank you as participants and particularly coming this evening, because we don't often hear from the folks who are reaping the benefit of some of these programs and it's nice to hear and it's nice to hear in this particular case that we made a difference. Thank you, Doug. You teamed some lessons that we thought you were going to team when we first heard about this, about organization and timing and that's good and it will make the program better in the future. And I got to tell you, the kids that were in the program are probably going to be your best salesmen of what went on. So, I would team up with the 15 or so that participated at any one point in time and encourage them to let their friends know that, hey, it was a hoot, come out and enjoy the rest of us and have some fun. De Weerd: Well, Zach is already ready to sign up and Samantha, you have already done a good job of signing him up, so -- and with Gloria's energy and I certainly can understand why. So, thank you. If there is no further questions, Council? We appreciate you being here with us tonight and thank you, Doug. B. Legal Department: 1. Approve SWAC funding recommendation for Meridian Academy for the purchase of picnic tables and benches for $1,500.00: Meridian City Council June 26, 2007 Page 11 of 70 2. Approve SWAC funding recommendation for Boys & Girls Club of Ada County for an addendum of $2630.00 for the creation of a statue and benches for Centennial Park: De Weerd: Okay. Our next item is our legal department. Nary: Thank you, Madam Mayor, Members of the Council. You have two requests in front of you from the Solid Waste Advisory Committee in regards to the recycling fund dollars that are accumulated each year through the recycling program in the city. Just to remind I guess maybe more the folks in the crowd than the Council, these funds are budgeted, they are disbursed by the Council based upon recommendations that are brought forth from the citizen's committee on various projects within the city. The criteria are that the -- the project itself needs to benefit the citizens of the city as a whole, that if there is preference given, if the materials used in the project are recyclable materials, but it's not required, that the funds for it have to be done in a 50 percent match and the project itself has to be within the city limits of the city. One project, number one, there is a purchase of picnic tables and benches for Meridian Academy. You have seen a number of those before from various schools for some benches and tables and things to provide that on the school grounds. Those are usable other than during school hours by all members of the city. And the second one is actually an additional request Boys and Girls Club, the Centennial Park that's adjacent to the Boys and Girls Club currently, there was arequest -- and I forgot to look if it was this fiscal year or last fiscal year. There was a previous request for last fiscal -- this fiscal year for funds for a statue to be put into the Centennial Park. This is additional request -- there was a -- they didn't have quite enough funding, there was about a little over 5,000 dollar shortfall in the funding to get the statue completed, so the Boys and Girls Club went and raised half the funds through a recycling clean up and, then, we are requesting the additional half from the Solid Waste Advisory Committee. Both of those requests were approved by the committee and forwarded to you for your approval. De Weerd: I might also add that the Boys and Girls Club, our crime prevention department, code enforcement, are offering that neighborhood clean up again this year. It's happening on Saturday. You're invited to help and participate. Last year I think they raised -- or they cleaned up like 14 tons or -- well, it was a very positive experience for the kids in the Boys and Girls Club. Actually, the neighbors met. So, it was a very worthwhile project. I believe that also received recognition at the Association of Idaho Cities city achievement awards. So, congratulations, Lieutenant. Give that word to Melissa and code enforcement. It's a great program. Okay. Rountree: Madam Mayor, if there is no comments or questions, I move that we approve the funding for Meridian Academy and Centennial Park with recycle funds. Bird: Second. • Meridian City Council June 26, 2007 Page 12 of 70 De Weerd: I have a motion and a second to approve the request in front of you. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items IVloved from Consent Agenda: D. Development Agreement: AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for AhlQUist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: De Weerd: Thank you. Item 7, we have removed D from Item 5, the Development Agreement on AZ 06-065. Mr. Zaremba. Zaremba: Madam Mayor, I would give the city attorney Mr. Nary time to pull up AZ 06- 065's Development Agreement on his screen, if he is so doing. If you would look on page three near the bottom of the page, paragraph 4.1, the statement that is in bold and italics and carries over to page four, doesn't appear to me to relate to this project. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, yeah, I guess in the formulation of this DA that that -- that was captured, obviously, from another DA. What I would ask the Council to do is remove this item from your agenda; we will need to get new signatures. Obviously, they didn't catch it either, they signed it. So, if they are willing to build just that, instead of what they actually propose -- but if we could ask to pull this from the agenda, we will correct it, we will send it back out, we will get new signatures. I would think two weeks would be adequate. I don't know if there is an urgency of time, but one week -- one week might be cutting it close. So, I would ask if you could set it for two weeks. Zaremba: Madam Mayor, I would also add that that probably has an impact on Item 21 on our agenda as well. Nary: Yes. Bird: Yes, it does. De Weerd: Okay. We will go ahead and table this item until next week. Mr. Nary, two weeks? Nary: Just to make sure we get the signatures back, so -- Meridian City Council June 26, 2007 Page 13 of 70 De Weerd: So, I need a motion. • Rountree: Madam Mayor, I move that we table Item 7-D to July 10th. Bird: Second. De Weerd: Okay. I have a motion and a second to continue this item to the 10th. July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No. 1 by Landmark Development Group, LLC -SEC of Eagle Road and Ustick Road: Item 9: FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C-G zone for Gateway Marketplace Subdivision No. 2 by Landmark Development Group, LLC - SEC of Eagle Road and Ustick Road: De Weerd: Thank you, Mr. Zaremba, for catching that. Item 8 -- Zaremba: I miss the big ones, but I catch the little stuff. De Weerd: We appreciate that. Items 8 and 9 have been requested to continue to July 10th. Rountree: Madam Mayor, I move that we continue Items 8 and 9 until July 10th, 2007. Bird: Second. De Weerd: Okay. I have a motion and a second to continue eight and nine to July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from June 5, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comprehensive Plan Amendment by the City of Meridian Parks and Recreation Department: Meridian City Council June 26, 2007 Page 14 of 70 Item 11: Continued Public hearing from June 5, 2007: Parks Master Pathway Plan: De Weerd: Okay. Item 10 is a continued Public Hearing from June 5th on CPA 07-003. And, Matt, are you doing this? Okay. I will go ahead and turn this over to you. Ellsworth: Thank you, Madam Mayor, Members of the Council. This -- this item under consideration is an amendment to the future land use map and it pertains directly to the proposed pathway alignments. What you see in front of you on the PowerPoint presentation here is actually a bit more detail to that alignment than what is actually under consideration on the future land used map, in that it distinguishes between pathway types. As you can see, some of those segments are in red, those are on-street routes. The ones in blue are micro pathways. Green are proposed pathways and so forth. What is on the table for consideration is the overall alignment itself. So, as it transfers onto the future land use map that will be the gray pathway alignment. I won't go into anymore detail than that. Part of what we did with this -- this planning process was working with the consultant team from Portland, Oregon. They came in and took a look at the proposed alignment as of the most recent iteration of the future land use map. They went out on the ground to ground truth some of those, to inventory what was constructed, what essential links were needed to make a more usable system and their conclusions are what you see in front of you here. This came before the Planning and Zoning Commission back in April. They recommended approval of the network as outlined in front of you. One additional change to staff I'd like to recommend related to the Ten Mile specific area plan and the specific change is identified on the screen there. The green is the new recommended alignment and this is a small deviation from what - what is -- what was recommended by the Planning and Zoning Commission. The red dotted line is what was on the table at that time. The reason for this change is in conversation since April, with both the imgation district and the land owner, it was determined that moving that irrigation facility was not an option as we initially anticipated. So, in order to make sure that the Ten Mile Interchange Specific Area Plan matches the pathways plan, we went ahead and switch it back. The green line that cuts diagonally across that parcel reflects the alignment of the creek and it's still proposed to run adjacent to the creek. So, that's the one change from the Planning and Zoning Commission recommendation that we wanted to -- wanted to endorse and wanted to get in front of you. And, in addition, at the Planning and Zoning Commission hearing several residents who live in the vicinity of the Nine Mile Creek pathway as proposed, both on the city's current future -- existing future land use map and the changes to that network alignment that are under consideration at this time, expressed some concern with that alignment and I see some familiar faces this evening, so I imagine they will -- they will express those to you. At that meeting during that discussion it was several -- several different things were discussed. Some of it's going to get more into the text of the plan, as far as the implementation measures, the priorities and things of that nature. I'm going to go back a couple slides. And I'm going to zoom briefly to that component, so you can take a closer look at exactly what we are -- what we are talking about here. Meridian City Council June 26, 2007 Page 15 of 70 De Weerd: Matt, I originally had just opened 10. I will also open 11 as well. It looks like they are interrelated. Ellsworth: They are. They are very much so. And I was hoping, anyway, to zoom in on this specific segment of pathway, if that was at all an option, so that you could see -- and where I'm going with this is that particular segment of the Nine Mile Creek -- here we go. There are a couple of different things going on. On the one hand it's not a deviation at all from the current pathway alignment as shown on the adopted future land use map. The second relevant component that's worth -- that's worth identifying is that this is one component where the consultant actually proposes a parallel alternate route and you can see it -- it follows this A to B connection. Here we have Ten Mile Road and Cherry Lane and the segment in question is the green proposed pathway that runs along Nine Mile Creek. As you can see there is also, with a micro pathway, some on- street connections -- a parallel route and the way that that's described in the text of the pathways plan, its kind of near term solution and a long term solution. The consultant took a look at it on the ground, they noticed how constrained that corridor was and they knew that it had significant property owner impacts. As a result, they proposed that in the near term they could still create that connection and in a longer term, upon redevelopment someplace down the line, they can come in to create that pathway along the creek in making this link. However, it was not indicated as a top priority and that was, essentially, a back burner component. The concern that staff iterated to the Planning and Zoning Commission with removing that segment from the proposed alignment is that once that line goes away, the chances of getting that pathway there essentially go away with it. So, that was our take and the Planning and Zoning Commission agreed with that. So, with that I may turn it over to Doug to speak briefly about that plan document and some of the comments that were received. Strong: Madam Mayor, Members of the Council, we -- this process of -- with the consultants of -- as Matt has already indicated, was an effort to expand our current pathways master plan to include more language about construction of path -- what the construction of the pathway would look that, the actual diagram for that street alignment, signage of pathway connections, certainly to do the ground proofing that's been discussed. But to improve the overall description of a master pathway plan. We went through several public meetings to get input about not just alignments, but what pathways should look like, treatments along corridors and things like that. We -- in the initial draft of the plan, those public meetings that we held at the police department, comments were incorporated into that plan. We later received comments from ACHD from John Cecil, a private citizen, but also does consulting work of pathways that were primarily editorial comments to the text, those -- this -- correcting language and hyphenation and different things in the text. Those -- those comments were incorporated into the -- the latest draft of the plan that we currently have and, then, there was -- there were also some -- an additional letter from the fire department about how the pathway needed to be constructed for emergency access and weight loads that ~ ~ Meridian City Council June 26, 2007 Page 16 of 70 were necessary for emergency response along pathway corridors and there was some discussion about the importance of that in the way that -- where pathways went and the opportunity for connectivity to areas that otherwise wouldn't be accessible. We feel that some of what's being suggested might be a little bit excessive for a pathway system that would bear up to 75,000 pounds in weight. We are suggesting some altemate ways to get connections at the half mile or quarter mile into pathway sections and things like that. De Weerd: If you will put bike racks on the fire path, so -- to promote a healthy lifestyle. Strong: And (believe -- oh. And we have discussed the pathway plan and the text at the April Parks and Recreation Commission meeting and also received public input at that meeting, the same residents that Matt mentioned from the Nine Mile Creek area were present at that meeting and provided comment. At the completion of the meeting the commission recommended approval of the draft plan. So, it -- they suggested that we bring it forward. So, that's where we are with it to date. De Weerd: Okay. Doug, the commission, did they discuss the changes to that section of the plan after the testimony or is that something that was a staff recommendation? Strong: Which section? De Weerd: That the neighbors talked about. Rountree: Nine Mile. Bird: Nine Mile. De Weerd: The Nine Mile section off of Ten Mile. Bird: Franklin and Ten Mile. Between Franklin and Ten Mile. Strong: They did discuss that. The recommendation was to leave the plan as it is -- as submitted by the consultant. De Weerd: But -- and staff has since -- the alternative comes before the Commission? Was that section discussed with the parks commission? Strong: Yes, it was. And we did receive the same public comment from the residents of that area that were present at the Planning and Zoning Commission meeting. As Matt discussed, there are altemate on-street routes to provide connectivity through that area without going down along the Nine Mile ditch or drain, whatever it is, until sometime in the future, if that area redevelops, then, we will want it to retain that line on the map, to retain the opportunity to put a pathway through there, if that happens somewhere down Meridian City Council June 26, 2007 Page 17 of 70 the road -- down the road. In the consultants' plan they actually -- they had sections of pathway that would be driven by development and paid for by development and sections of the plan, as you might recall, that would need to be funded by city funds, if they were to be completed. This section would be one of those sections that down the road, if it was built, would be -- have to be built by city funds. It's in the third tier, which is quite a few years out in priority. So, we certainly don't know how long it is, but third tier could be 30 years down the road. In our ten year capital improvement plan we don't have any --any money identified for a pathway development beyond what's being put in by developers at this point. That's the first priority for development. So, all of that was discussed at the Commission meeting and that's why it was -- it was elected to keep it -- the line on the map and the text as it is. De Weerd: Okay. With the red routes as well, the on-street -- Strong: Yes. De Weerd: Okay. Thank. Council, any questions for staff at this time? Bird: I have none, Mayor. Rountree: I have none at this point. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? You would need to come up here, please. Even questions have to be on the public record. And if you could give us your name and address. Kem: Patsy Kem. K-a-r-n. De Weerd: And your address? Kem: 2151 North Massey Place. This on-street route that's been added, was that on the original map? Ellsworth: Madam Mayor, yes, it was. Kem: It was? Well, did any of you see what we brought -- we went around to a lot of the neighbors, the others, besides myself, who own property along Nine Mile Creek, and I forget how many there were now. I looked for my information before I came, I couldn't find it. Did you get a letter from us that was presented? And that was not considered or did we waste our time or -- Meridian City Council June 26, 2007 Page 18 of 70 De Weerd: This is the public process for that consideration. The first one went in front of the parks commission and their recommendation is now in front of City Council, along with the plan, and all the other public documentation and that would be part of it. Kem: So, it hasn't really changed? Nothing's changed from the original, other -- De Weerd: I guess they are suggesting an alternative to the long term and the long term is only in the case that that area redevelops. Kem: Okay. De Weerd: So, that piece would be an on-street piece. Kem: Because we do own property -- we own the property and we strongly object to it, because it's going to infringe on our privacy, on our way of life, and that's why we did what we did. So, I just wanted to be sure that you all knew that. De Weerd: Okay. I guess my question is you oppose the on-street -- Kem: No, I don't have a problem with the on-street route. De Weerd: Just the green piece? Kem: Yeah. That it's still on there. De Weerd: Okay. But you also understand that green piece is a section that would only develop in the case that your properties would redevelop for a different use. Kem: Every single property would have to redevelop before they could do that? Is that my understanding? Okay. Bird: Yes. De Weerd: Thank you. Any other questions? Public testimony? Rountree: Misunderstandings. De Weerd: Yes. Or clarification needed. And I guess, Anna, you might explain what that means, if a section would redevelop, it wouldn't really be a parcel by parcel type of redevelopment, it would be more of an area redevelopment. Could you comment to that? Canning: Yes, Madam Mayor, Members of the Council. We have done these incrementally, but given that these are fairly small parcels that likely can't re-subdivide • Meridian City Council June 26, 2007 Page 19 of 70 or anything like that, the more likely method of achieving that green line sometime in the future would be to acquire that easement through purchase or some other means like that. And we were talking way in the future conceivably. So, I think that -- I can understand why the residents feel frustrated, like they hadn't been heard, but I -- I think that the way the planning commission felt -- I wasn't at the parks commission meeting, but the way the planning commission felt is that there was a misunderstanding on how and when that pathway would occur, that we wouldn't just go and pave over their backyards, that -- without them knowing it. Waking up one day and all of a sudden there was a pathway there. So, we've tried to explain to them the process and the likelihood of that occurring and we felt like we had addressed their concems and so kept the green line on the map, if that helps to understand. But I can see how the folks felt like they weren't heard. But we heard -- their concems were already addressed through the on-street pathway and any future action that the city might need to do to somehow inquire that incremental or -- incremental acquisition of those easements for the pathway or some larger effort on the part of the city to acquire the whole pathway. De Weerd: Sometimes I wonder if that was really English or not, so -- Nary: It would appear not. Kem: When you say purchase the property -- De Weerd: If you would just restate your name. Kem: Patsy Kem. K-a-r-n. 2151 North Maxie Place. When you say purchase the property, I thought you had said it had to be redeveloped, that you wouldn't come in and try to purchase that area if it wasn't. Was that what you just said? De Weerd: I think at redevelopment it would be a series of things that -- it wouldn't be any easy path and that's probably why they are suggesting the one road alternative, so that a connection can happen that's realistic. That line is on the map in case in the future is ever realistic and actually ZOA-able. Kem: Well, I just heard purchase easement and I just had questions that's why I was questioning her. De Weerd: Well -- Kem: That's what she said; right? De Weerd: It would have to be purchased. Kem: But I thought it wouldn't be done unless the area was redeveloped. So, these are two different things. Meridian City Council June 26, 2007 Page 20 of 70 • Zaremba: Madam Mayor, that's not contradictory. The point is if it ever happens during a redevelopment the city would have to purchase that easement. Kem: Oh. Okay. Zaremba: They are not going to come to you -- we are not going to come to you and condemn that piece of property or force you to give up -- Kem: Well, you never know. That's what I wanted to -- Zaremba: That's happened some places. Kem: That's why I wanted to clarify. But I heard her say that. Zaremba: But we have heard your concern and we are not -- and I believe I did see the original letter at some point. Kem: Okay. Rountree: Yeah. It's in here somewhere. Zaremba: If I recall, it was in the form of a petition. Kem: Okay. Okay. Zaremba: But those are not contradictory. What was being described, yes, we would have to buy the easement, but we are not going to do that forcefully. Kem: Okay. Zaremba: It would happen in the process of you all getting together and having somebody redevelop your properties. Kem: Okay. Thank you. De Weerd: Anything further, Council or staff? Rountree: Well, I think there is probably another explanation, because I'm now confused. It seems to me that at some point in time, if this is a preferred alignment for the ultimate, that the city could, if they showed a need, acquire that right of way or an easement and put a path in there. So, the question for the homeowners is, is it going to happen or is it not? I guess my answer to them is given Meridian's budget situation, given our lack of park space and other needs in the city, I don't suspect most of us in ~J Meridian City Council June 26, 2007 Page 21 of 70 • the room will ever see that happen. That's the reality of it. If it -- if it stays in the plan, it's for some future consideration. So, the question is does it stay in the plan as a color or does it stay in the plan as a note that at some point in time the city may want to consider -- and, quite frankly, the residents, whoever lived there in the future, might want the city to accept the liability along the canal or the drain way and the situation that's there and let the city deal with the irrigation district, as opposed to the individual homeowners. But that's -- that's way, way, way in the future. So, it seems to me that maybe clarification in the plan is such that the green line is an asterisk that -- like to, but not likely. Or not -- would make sense if it were possible, but it's not possible. I mean I understand the concern that we could have a future council at some point in time that said I want to finish the pathways and, by golly, we are going to do it and if they can show a need, we -- the city has the ability to acquire the right of way. We haven't done that ever that I know of, but -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean Councilmember Rountree I mean has raised a valid point, but certainly any city council in the future could do the same thing. Rountree: Sure. Nary: I mean they can amend the plan, I mean they can do the same thing. I guess what the Council could consider is -- at least in this particular pathway -- and that may open the door to other people requesting similar accommodation, but instead of just making anote -- I mean make it -- leaving that line there, but you can certainly change the way that line looks, whether your cross-hatch it, change the color, whatever you want to do, to make it clear that that is -- that is the intention today. That it is only to - you know, a potential redevelopment in the future or something like that, so that it's clear that right now that the intent of this Council in imposing this plan is exactly that, it's not intended to be done unless redevelopment occurs, it's not going to be done unless purchased in the future by the city, or whatever notation you wanted to make. But, again, I think the intent of the discussion from both parks department and the Commission and the staff, has been simply the opportunity would -- would be less likely if we don't preserve that today, but you can preserve that complexion of what your intentions are on that with the line and still give at least some assurance to the current property owners as to what that is. You know, as you stated, I mean certainly anyone in the future -- any Council up here in the future can change it anyway. There is a process to do it, just like this process has occurred, but that might be a way to at least make sure -- give them some assurance that at least for the time being it's not going to change significantly and not going to impact them without some other event occurring. • Meridian City Council June 26, 2007 Page 22 of 70 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just as a suggestion, I wonder if it might help -- in those portions where we do have an altemate, that what's going to be established for now is on roadway pathway that doesn't follow the green line. I agree with the idea of keeping the marker there, so to speak, but what if we showed the green portion as a green dotted line, that we do have an alternative route, this was just being preserved for the future. Still have it be the green line, so that it shows continuous all over the map, but that portion where there is an altemate, where we don't intend to do it first, just have that dotted line. Not a solid line, a dotted line. Strong: Madam Mayor, Members of the Council, I just wanted to add one other note that I didn't mention before. This particular drain goes along the eastern side of Chateau Park. One of the elements that the consultant that was working with us, as we talked about connectivity through the community, is providing connections to parks, to schools, of off-street pathways. That's kind of the reason that we have hung onto it, because there is altemate ways to provide that connection now, this was not put as a very high priority, which you have already discussed. But that's the reasons that the line persists there. The property owners along this canal own to the center of the canal. It's their property, it's not -- it would actually have to be purchased property, it's not a possible easement. And to provide the pathway width -- and this is what we discussed in the meetings -- that would be necessary for a pathway, it would take out some people's backyard and in some cases the comer of their house. So, the width is not adequate along the ditch to provide a pathway at this point until such time that the -- in some cases the property would have to be acquired or a redevelopment opportunity would present itself to actually make a pathway feasible. So, we recognize that from the point. But to stay with the intent of the plan to provide connectivity, this became an important corridor to maintain some kind of line on the map, whether it's a dotted line or whatever, that -- I think those are all certainly possibilities to designate it, but it was a design element of the consultants that we were working with, so -- don't know if that made it clear or muddier, but -- Rountree: Well, I guess you helped me a little bit more, because this subdivision does predate the requirement to not calculate the lot square footage with the easement. So, if the easement's included in the lot square footage, anything we might do, if we were inclined to do it, would, then, cause some zoning issues. So, I guess I'm not sure that either now or in the future that's something that the city is going to entertain. Strong: That information was provided through testimony by the residents that they own to the center of the ditch. Meridian City Council June 26, 2007 Page 23 of 70 De Weerd: I guess it makes it even less feasible to even think it would happen, unless that land redeveloped. I mean I can't see it any other way. Rountree: Yeah. So, whether it's a hatched line to give better comfort to the neighbors to know that that is a special consideration area, but to leave it as a notation that that connection at some point, if it redevelops, is an important connection. Canning: Madam Mayor. Councilmember Rountree, thank you for apparently speaking in English what I was trying to articulate earlier. Rountree: Really? Canning: I did want to explain one thing about the way that the parks department plan is structured. It's -- we are really excited about this, because every segment of pathway has a description about where the pathway should be. Is it on the north side, is it on the south side or east or west, depending on the one. So, although a dotted line would certainly be an option, all of this discussion could be included just in the text with regard to that -- that segment of pathway to -- you know, Mr. Strong could add the discussion about there was concem expressed by the neighbors and Council decided this would likely happen upon redevelopment of the property or whatever Council desires. There is a whole section of text specifically for that segment and that's where it talks about on- street alternate path, because of these constraints. So, I think there is an opportunity to use the text there, rather than trying to perhaps confuse it with the map. De Weerd: I don't know, Anna. I think we have learned lately that text and map need to mesh each other and, you know, the more closer our maps can be and -- to tell the city's story and to show the value of a situation that's important. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: This might simplify it back to where we started. My sense, after hearing all the comment and testimony, is just to leave the green line at it is, not given to these gradients and patches and dots and by creating a hatch here you indirectly increase our focus on the non-hatched areas and -- I think your comments with regard to a text explanation isn't necessarily unique just to this particular stretch, but to the extent the city has a concem in any pathway development over private property right easement issues, pathway location, et cetera, while it specifically applies to this portion of the plan that we are discussing, it really applies to the city's decision making on any component of the pathway plan throughout the city. It might be acutely of interest to these property owners, so your text discussion makes sense, because the roll of the Council years later that won't be any of us, in making those decisions, will utilize those parameters regardless of where the pathways are, whether it's this particular one or otherwise. So, i Meridian City Council June 26, 2007 Page 24 of 70 I'm comfortable leaving it green. From my perspective, Ithink -- I don't know if the Council could articulate any clearer and express as we sit here today that there is a very little likelihood that we see of this particular stretch being developed, but there is nothing we can do to any map, color, dot, dash, that would preclude it from happening in the future, other than our ability to express it's not likely. De Weerd: I usually always agree with you, but I'm a visual person and I'm going to look at a map. I'm not going to read text. And if we can make our map compatible with the text, that would be what I advocate and certainly I don't have a vote, so you guys can do what you want, but most people are going to look at the map and if we can be clear in our comments, that would be more -- I know you're an attorney and like to read, but -- Nary: Careful. De Weerd: Don't you like to read? Any other comments? Bird: Madam Mayor'? De Weerd: Yes, Mr. Bird. Bird: I have to agree with you on the --Ithink it's very important to have the text match up with the map, but I, too, am one that the first thing -- and we -- in the ten years I have sat here, we -- every time we have got ourselves in trouble is because we haven't had enough on the map. Ithink you're a hundred percent right, I think people look at the map and don't read the text most of the time, so I think we need to match up, but I believe it's got to be put on the map. De Weerd: Thank you. Anything else, Council? Bird: Mark that down. Canning: Madam Mayor? De Weerd: It's a banner day. Anna. Canning: I don't understand what -- what we are doing. De Weerd: We are talking about dots. Canning: Yes, but what will the legends say for the dotted line. I mean it's still the preferred pathway location; correct? Correct? De Weerd: I would say a preferred alignment if redevelopment occurs. Meridian City Council June 26, 2007 Page 25 of 70 Canning: Okay. De Weerd: I think -- Zaremba: Preferred future alignment. De Weerd: Yeah. Rountree: Or something quite as simple as refer to text and in the text there is an explanation of what the intent is, because we haven't had that on some maps, some folks have been upset that the text told a very different story than what the zoning map said. So, refer to text and a good explanation in the text that it's the intent of the plan not to move forward with that preferred alignment unless there is a redevelopment of that parcel of -- those parcels of properties. Canning: Madam Mayor, I guess I would suggest, then, that the dotted line legend be that proposed alignment upon redevelopment of such -- of property and, then, that we have an overall note that states: Please see text for all line segments, because there is quite a bit of text for each line segment. Rountree: That's a good point. Canning: The only other question I had is this does -- now, this is the -- the planning department on the land use map is taking the simplified version of the colored map you see before you. Do you want that dotted line to transfer over to the land use map as well? Assuming that there will be a motion on this at some point. I'm song, I'm ahead of you, but -- Rountree: Madam Mayor, in response to that comment, if I might, if the planning department is going to utilize that map to provide information to the public, then, they should be aware of what the intent is, because they will just simply refer to the map and if it's green and everything else is green, they will say it's green, and they will not have referred to the text. So, the intent would not be necessarily given to the public. And I'm thinking of a future staff. We have a fairly current situation. Canning: Do we have to bring that up? De Weerd: We just know you're dealing with a situation not created by you. Canning: Yes. De Weerd: And this could be the same type of scenario. Meridian City Council June 26, 2007 Page 26 of 70 Canning: Yes. And that begs a second question. So, I wasn't -- and if -- pardon me for getting into this conversation, but do you even want us to put it on the land use map or would you rather us just refer to the pathways plan for the more detailed information? Rountree: That would be better. Bird: It would be better than the other way. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, I think it would be better to be on the land use map also and I'm strongly in favor, you know, of having a note there that refers to your text and I have a text that the layman can read and it doesn't take a Philadelphia lawyer. De Weerd: Any other comments from the Council? Okay. Is there any additional testimony from our citizens? Okay. Council, seeing no further questions or further testimony, I would entertain a motion to close the Public Hearing, if you so choose. Rountree: Madam Mayor, I move that we close the public hearings on Items 10 and 11. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Item 10 and 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion on Item 10. Rountree: Madam Mayor, I would suggest that we might consider these yet again once we see the staffs recommended approach to our dialogue up here, whether it's a dotted line or a text amendment or both and, then, take action on that plans, if -- unless that causes some grief timing-wise. De Weerd: I think the grief would be caused by leaving it up to them. I believe that they would like specific guidelines on a dotted line and the text or one or the other. Canning: Madam Mayor? De Weerd: Yes. Canning: We can come up with a few different options for Council and Mayor to consider and provide you like a one graphic only, one graphic and text, one text only, and have those options for you in a couple weeks, if you'd prefer that. Meridian City Council June 26, 2007 Page 27 of 70 Bird: Yeah. We have got to keep it open. De Weerd: Well, then, I would suggest that we reopen the Public Hearing, so that can be entered as part of these items and ask for a continuation. And just for those who are trying to follow this discussion, we agree with your concerns and we are just trying to see how best to reflect that on the map and in the text and if it needs to be in more than one place. So, that is, I guess, in a nutshell, what we are trying to decide up here. Council will be bringing -- or staff will be bringing back a recommendation for Council's consideration, so they know what it will look like and what it will read like, as will you. And, Anna, what is the time frame that -- Canning: Madam Mayor, three weeks. De Weerd: In three weeks? So, on the 17th. Okay. So, Council, what I would need is a motion to -- Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we reopen the public hearings on Item 9 and 10, take comments from staff as it relates to the Nine Mile section, and continuing the hearing until the 17th of July. De Weerd: How about ten and eleven. Rountree: Ten and eleven. Excuse me. De Weerd: Okay. Bird: Second. De Weerd: Okay. I have a motion and a second to reopen the two public hearings for ten and eleven and continue those to July 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: Meridian City Council June 26, 2007 Page 28 of 70 De Weerd: Okay. So, we will rehear these on the 17th. Okay. Okay. Item 12 is a Public Hearing, PFP 07-001. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Benewah project. It's located at 2673 North Ridgebury Avenue. The subject property is commonly known as Lot 13, Block 3, Vallin Court Subdivision. And you can see it over on the left-hand side of the screen there. The application before you tonight is a combined preliminary and final plat. The Vallin Court Subdivision was recorded in 2005. This lot was originally sized to accommodate an existing home. The property was sold and the new developer removed the home and anticipated filing this application, so the services are already there to support two homes. So, the applicant is now proposing to subdivide Lot 13, Block 3, into two new lots. The lot sizes are approximately 8,900 and 10,600 square feet. This is the plat, as shown. You can see the two lots. I did have a photo of an existing home and apparently it didn't make it into the presentation, so I apologize. For those of you who aren't familiar with the homes that have gone out there, they are rather detailed. They have a lot of roof modulations and a lot of breaks in the modulations and the facade and different use of materials within the Vallin Court Subdivision. And the same owner -- the same developer and owner and builder will have these two lots as well. De Weerd: Okay. I didn't know if you were done or not. Canning: No, I'm not. For some reason I just stopped talking. I'm sorry. The Commission recommended approval at the May 17th, 2007, Public Hearing. No one spoke in favor. No one spoke in opposition, commented, or provided written testimony. The key issues of discussion by the Commission were the perimeter fencing, installed with the Vallin Court Subdivision, and there were no key changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council. Now I'm done. De Weerd: Thank you. Canning: Thank you, Madam Mayor. De Weerd: Sony, my mind reading tonight is a little off. Council, any questions for staff at this point? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: No access to Venable Lane? Meridian City Council June 26, 2007 Page 29 of 70 Canning: No, sir. There is a landscape lot immediately behind this one that would prevent -- Rountree: Okay. Canning: -- access to Venable Lane. Rountree: Thank you. De Weerd: Okay. Is the applicant here? No applicant. Canning: As I said at the Commission hearing no one spoke in favor of this application. De Weerd: Not even the applicant. The applicant was a no show. Okay. Council? Oh, this is a Public Hearing, even though the applicant isn't here. Is there anyone who would like to comment on this application? Okay. Would Council like to comment on this application? It's very rare we don't have an applicant in front of us. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close PFP 07-001 Public Hearing. Zaremba: Second. De Weerd: Okay. We have a motion and a second to close the Public Hearing. All those in favor say aye. Any opposed? Okay. I didn't hear all ayes, so -- Rountree: I'm still thinking about it. De Weerd: Okay. Aye? Rountree: I'm opposed. De Weerd: Okay. Three ayes, one opposed, for the record. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Well, I guess, you know, I think that -- have we heard anything from the applicant that they agreed with staff comments? Meridian Ciry Council June 26, 2007 Page 30 of 70 Canning: I'll have to check the file. Mr. Hood informed me that there had been discussion about fencing requirements. So, let me check the file quickly and see if there is any correspondence from the applicant. De Weerd: Mr. Berg? Berg: Madam Mayor, my staff did contact Greg Walker on Monday and e-mailed their packet to them. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess my objection to the Public Hearing is without the applicant here -- I guess if he's not interested enough to tell us about his project, I'm not interested enough to do much with it at this point personally. De Weerd: As far as he can't even say he agrees or -- Rountree: We don't know if he agrees with the fencing requirements, so -- I suspect he does, but I'm not going to say. De Weerd: Well, we could always put wrought iron and -- Rountree: Get his attention. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I don't disagree with Councilman Rountree. I think he brings up a good point and I wouldn't be opposed to reopening the Public Hearing and setting it out a few weeks to get him in here. De Weerd: Okay. Well, if there is no other discussion, do I have a motion, then? Rountree: Madam Mayor, I move that we reopen the Public Hearing for Item 12 and schedule it for July 10th. Borton: Second. Rountree: Or continue it until July 10th. Meridian City Council June 26, 2007 Page 31 of 70 De Weerd: I have a motion and a second, but Iguess --and those kind of motions don't have discussion, but I would like to, before we vote on it, ask the clerk what the 10th is starting to look like. Berg: Madam Mayor, the president has a copy of the agenda. Just a reminder that July 10th is the City Council meeting prior to the all day July 11th budget workshop. De Weerd: It looks very light. Rountree: I don't see that item taking a lot of time. De Weerd: Thank you, Mr. Berg. Okay. We have a motion to continue this -- to reopen and continue this to July 10th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: De Weerd: Item 13 is Public Hearing on PFP 07-002. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is also a combined preliminary and final plat application and we do have the applicant in the audience. The project is located at 1960 North Lakes Place, Lot 4, Block 1, Devon Park Subdivision No. 2, which you see is a larger site. It's currently zoned R-15. The applicant is proposing to subdivide Lot 4, Block 1, into two new lots for Devon Park North. The proposed lot sizes are approximately 3.25 acres and 1.39 acres. The parcel on the lot --future lot on the west side is currently developed and I believe that one on the east is not. I hope I got that right. We didn't have an opportunity to get -- take pictures of the existing building. However, this is still subject to all the previous approvals for Devon Park that we have seen over the years, which includes some elevations that have been provided for the planned development Conditional Use Permit. The Commission recommended approval at their May 17th, 2007, Public Hearing. Linda Hines spoke in favor of the application. She was the applicant's representative for that evening. No one spoke in opposition, no one commented, nor did anyone provide written testimony. The key issues of discussion by the Commission was what has already been constructed on the site to date and that's the Alzheimer's units and assisted living facility. There were no Commission changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council. With that I will answer any questions Council may have. Meridian City Council June 26, 2007 Page 32 of 70 De Weerd: Anna, this is in the back end of Fairview Lakes? Canning: Yes, ma'am. De Weerd: Council, any questions? Bird: I have none. De Weerd: Is the applicant -- Bird: Yeah, he's here. De Weerd: Thank you for showing up. • Tamura: Madam Mayor, Members of the Council, my name is Doug Tamura. I'm the developer out at Fairview Lakes and I've got only one -- you know, we concur with staffs Findings of Fact. The only clarification I'd like to make is -- Anna, could you put up the --our site plan or the aerial, either one? Well -- yeah. Put up the one that shows the Alzheimer's. On the analysis under the multi-use pathway, they talked about continuing the pathway from this point to this point. What we had done is we had worked out an easement with Fairview Terrace Estates, the mobile home park. Jackson Drain originally ran through here diagonally and it cuts right through the comer of Fairview Lakes Estates, so they weren't able to develop this one comer, so we worked out an easement with them and the ten foot pedestrian path goes up here, angles across the back of that Jackson Drain and it ties into the pedestrian path of that new subdivision just north of Fairview Terrace. So, you know, I think it's maybe an oversight by staff, but we have got a continuous pathway. You know, one of the things we highly support the city's pathway system and, you know, the good thing is the neighborhoods are using it to come to our facilities, so we really appreciate it. I'm just here to answer questions. So, I guess the one thing I'd like to have changed is on item 5.1, the parks requirements, that that be deleted, since the pathway has been installed. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Okay. Tamura: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Anything further from staff? • Meridian City Council June 26, 2007 Page 33 of 70 Canning: Yes, ma'am. I believe this was discussed before, because I see some clarification made to that condition. I will enlarge it for you. It now states: The applicant should construct the remaining pathway to terminate at the northwest comer of the site. The applicant should contact the Meridian Parks and Recreation Department to coordinate the dedication of the remaining portion of the multi-use pathway. So, to my knowledge it's not -- what that indicates is that it's not completely constructed yet and that we are missing a portion of that pathway. If the full pathway is in, then, the applicant has fulfilled that condition and there is no need -- it won't hold them up at all. But I believe a portion of it is missing. De Weerd: And that would be determined on site inspection? Canning: Yes, ma'am. De Weerd: Okay. Okay. Council, questions for staff? Does the applicant have any further comment? Tamura: Madam Mayor, Members of the Council, yeah. The pedestrian pathway has been completed, so -- so, you know, just leave the condition, however it works for staff. De Weerd: Okay. Thank you. Okay. Council, if you have no additional need for discussion or information, I would entertain a motion to close Item 13. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close Item 13, Public Hearing PFP 07-002. Bird: Second. De Weerd: Okay. I have a motion to close Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move we approve Item 13 for preliminary and final flat of Devon Park North. Bird: Second. Meridian City Council June 26, 2007 Page 34 of 70 • De Weerd: I have a motion and a second to approve Item 13. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: RZ 07-007 Request for a Rezone of 0.19 of an acre from an I-L to an O-T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt - 305 W. Broadway Avenue: De Weerd: Item 14 is a Public Hearing on RZ 07-007. I will open this item with staff comments. Canning: Thank you, ma'am. This is the Vanbragt Project. It's located at 305 West Broadway Avenue on the southwest comer of West 3rd Street and Broadway. The application before you tonight is a rezone from I-L, light industrial, to OT, Old Town. The applicant is requesting the subject property be rezoned, so the existing single family dwelling can be considered a conforming use in the zone and you have seen a number of these in this area. Somehow this area got zoned I-L in the past and we are incrementally doing these Old Town rezones until we can have some residential guidelines in place and, then, we will -- we will talk to those residents -- those folks that own homes in the area and try and do a full on Old Town rezone for all of them. But, in the meantime, we have been seeing a number of these kind of piecemeal rezones. The property is designated Old Town on the Comprehensive Plan. So, it is the appropriate zoning category for the property. I have some -- here is the aerial. You will see it's fairly close the railroad. And we have some photos of the existing home. The Commission recommended approval at their May 17th, 2007, Public Hearing. Marie Vanbragt spoke in favor of the application. No one spoke in opposition. No one commented. Nor did anyone provide written testimony. Key issues of discussion -- there were none. And nor were there any changes to staffs initial recommendation. There is one outstanding issue for City Council and the applicant is requesting this one so that they can get financing on the home, so that -- because it's a conforming use and what they would like to do is convert an existing carport, which you can see in the photo. I'm sorry. That didn't work. You can see in the photo on -- here is the carport. And they want to convert it into a kitchen. Here is the carport on this one here. And they would like to remodel it into the kitchen. Well, by strict interpretation of the downtown design guidelines, any new construction -- so, that would mean the remodel of the carport -- needs to be consist with the downtown design guidelines and we have discussed this before, that those downtown design guidelines are not really intended for residential structures, they are intended for retail commercial, multi-story structures, so they don't fit a remodel like this. They don't accommodate it. This is the most minimal Meridian City Council June 26, 2007 Page 35 of 70 i amount of square footage I have seen come through on one of these requests. What I would like to see Council be able to do is to -- with a development agreement, say to the Vanbragts that this is -- we will consider this a grandfathered use, they don't have to provide the two car garage, the 20-by-20 parking pad, or meet the design guidelines. This is, really, a minimal improvement of this property to enclose the carport and convert it to a kitchen. So, I am hoping that that's what Council feels that they can do with this application and I did run it by the attorneys, they were comfortable with allowing that as kind of a grandfathered or a nonconforming use at this time. If they were to develop the property further, or into a commercial or retail use, then, obviously, it would be the appropriate time to look for it to be consistent with the downtown design guidelines. So, with that I will answer any questions Council may have. Rountree: Madam Mayor? De Weerd: Thank you. Yes, Mr. Rountree. Rountree: For Anna, is there sufficient off-street parking in front of the carport or at least a space for a vehicle? Canning: The applicant may need to address that. Rountree: Okay. Canning: I'm not sure. They live on a comer property, so there is a lot of on-street parking available. I'm not sure how much off-street there is available. Rountree: Okay. Thank you. De Weerd: Okay. Anything further for staff? Is the applicant here? Vanbragt: My name is Maria Vanbragt and at 305 West Broadway and what we were planning to do, like Anna said, was convert or rebuild the carport and make a kitchen out of it. So, what you basically would see on the side of the house, an extension of the one wall and the roof top coming -- an extension of the roof top. So, as you can -- see here, the roof will be coming out as far as the carport is and, then, the wall on the -- side will be coming out here. With, of course, a door and a window in there. We do like to look out, too. But that is, basically, the changes, what we make on the home. So, what you were asking about why I came, at the moment inside our -- of the property we do have our two cars, so there is parking enough inside that we don't have to use outside parking. Rountree: Very good. Thank you. De Weerd: Very good. Any other questions from Council? Thank you. Meridian City Council June 26, 2007 Page 36 of 70 Vanbragt: Thank you. De Weerd: Okay. This is a Public Hearing. testimony on this application? Enough information needed? • Is there anyone who would like to provide said, uh? Okay. Council, any further Rountree: No. Bird: I have none. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Just to pick up on basically the last sentence that Director Canning said. In the development agreement is it possible to have a statement that says if the use changes -- I'm very comfortable with what they are trying to do for now, but the development agreement would include, essentially, what you said, that if the use changes, then, they do have to meet the Old Town design guidelines. Canning: Yes, sir, that would be appropriate. Madam Mayor, Members of the Council, I have to confess I'm a little disappointed with the applicant. We encouraged her to greet you in her native tongue, but she -- De Weerd: What an evening. What is evening? Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, I already made note as to all of those conditions, including that last one, that would be included as part of the development agreement. Zaremba: Thank you. De Weerd: I'm glad that's all you're disappointed in. Okay. Anything further from Council? Rountree: I have none. De Weerd: Okay. Do I have a motion to close? • Meridian City Council June 26, 2007 Page 37 of 70 • Rountree: Madam Mayor, I move that we close the Public Hearing on Item 14. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Any discussion? Do I have a motion? Rountree: Madam Mayor, I move that we approve Item 14, RZ 07-007 for the rezone and have a development agreement that indicates that the carport conversion to a kitchen is a minimal improvement with respect to the property and considered a grandfathering of that activity. And further stipulate that the comments made by city attorneys would be included in the DA. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you with the amendment as stated. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C-G zone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: De Weerd: Motion approved and the application approved. Thank you for joining us. De Weerd: Okay. Item 15 is a Public Hearing on AZ 07-008. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Zamzows Overland project. It's located at the northwest comer of Overland Road and Jade Avenue. The applications include annexation and zoning and design review. Approval of this project would allow the applicant to construct a 13,334 square foot retail facility. About 5,000 square feet would be leased space. And that's on the east side of -- west side of the property, as shown by these dotted lines and spaces there. Staff is recommending a development agreement with the annexation and that would include the following kind of unusual provisions or site specific. The site shall comply with all of the design standards listed in the UDC, including a continuous internal pedestrian walkway from • Meridian City Council June 26, 2007 Page 38 of 70 the -- that's eight feet in width and provided from the main building entrance from the perimeter sidewalk along Overland Road and from the west property boundary for future connection to a planned sidewalk and street adjacent to the west property line. Further, the required walkway to Jade Avenue should be distinguished from the vehicular driving surface through use of pavers, colored or scored concrete or brick. Also, that the detailed site plan -- and I -- it's before you now. And building elevations submitted within a CUP and/or CZC application for the site, shall substantially comply with the conceptual site plan in building elevations submitted to the city. I'll show you those building elevations. And that direct access to the site from Overland Road shall be prohibited. Access to the site shall be provided from Jade Avenue and a driveway access to the west property line for future connections to the planned Silverstone Avenue shall be provided as shown on the conceptual development plan. Let me give you a little background on that. This is the site and, then, it is -- Silverstone Way is planned to be extended just on the west property boundary. So, that's what that's talking about. It will go into this larger piece of property. And, finally, at the time -- or two more things. At the time of CUP and/or CZC approval, aten-foot wide multi-use pathway will be required on the property, subject to adoption of the pathways master plan. And, finally, the applicant shall install security cameras near the entrance of the development. I did want to talk about the Comprehensive Plan just for a moment. I don't have that slide before you, but this property is currently shown as low density residential immediately to the -- to the west it is shown as mixed use regional. We feel that the -- there is that statement in the Comprehensive Plan that says that you will evaluate the appropriate zoning on a case-by-case basis. This is one of those cases where we feel it's appropriate to kind of bump the designation over for several different reasons. One, it is located on the comer of the property, which makes it a good access point. Immediately to the north boundary of the property is a flood plane, a creek with a flood plane. So, it's really segregated from the rest of the residential properties by both Jade Avenue and the flood plane. Those are the primary reasons. There is additional reasons located or detailed out in the Comp -- in the staff report. The Commission recommended approval at their May 17th, 2007, Public Hearing. Darin Eisenbarth, the president of Zamzows, and Doug Zamzow, the general -- or, sorry, construction manager, both spoke in favor of the application. No one spoke in opposition. No one commented, nor did anyone provide written testimony. Key issues of discussion by the Commission were the visibility of the site from Overland Road. And the key Commission changes to staff recommendation is they did add the requirement and the development agreement for the application to install security cameras near the entrance of the development. The outstanding issues as listed before you tonight don't relate to the project, as much as they do to a letter sent in by the applicant regarding processing future applications on this project. I think -- I know you all received that letter kind of requesting an expedited review process for the building permit. There were some things we felt we could do and some we couldn't. I'm going to go through those now. The applicant has requested that the city accept a certificate of zoning compliance the day after Council approves the associated ordinance and development agreement. I think they meet tomorrow. Should the Council act in favor of this application. I believe Meridian City Council June 26, 2007 Page 39 of 70 they meet tomorrow. Typically, the planning department will not accept a CZC until after the ordinance is published in the newspaper, making that zone -- that annexation and zoning official. Staff does offer to accept the CZC application anytime after the Council hearing tonight on the annexation and prior to adoption of the annexation ordinance and development agreement. So, if they would like to get their CZC application in -- again, depending on a favorable outcome by Council tonight, staff would gladly accept that and work on that. The caveat would be that we cannot issue it until that ordinance is published. The next question -- or next item that they hoped for was issuance of the CZC by the planning department within one week of receipt of the application. Again, we are happy to accept that application earlier than we normally do. It will take us five to seven days to get it reviewed. So, as long as they submit it five to seven days before it gets published in the paper, we feel that that -- we can meet that time line. The third item was city acceptance of the building permit application and associated documents the day after Council approves the rezone ordinance -- or the annexation ordinance and development agreement and start review of the application immediately. This is where we felt we couldn't be as accommodating. Typically, the building permit applications are not accepted by the building department until a CZC is issued by the planning department. Staff believes that this request is unfair to those applicants already in the system. Further, staff has experienced that it's not appropriate, nor is it in the best interest of the applicant or the city to process the CZC and the building permit concurrently. We just run into problems. The reason we do it sequentially is to cut down on the number of problems for the applicant and for the city. So, we feel it's more appropriate to go ahead and wait until the CZC is done and, then, submit it to the building department. And the building department does have a cue for their projects, but we would try and get it into that cue as quickly as possible -- out of the planning department and into that cue as quickly as possible. The final one was issuance of an early start foundation permit by the building department within one week of building permit application submittal, contingent upon there being no major design engineering or detailing issues associated with the work authorized by the foundation permit. Typically, early start foundation permits are issued within ten working days after receipt of the building permit application. So, they can -- we suggested that they contact Brent Bjornson to request a shorter time line. They can submit aseparate -- my understanding is they can submit a separate building permit application just for the foundation only. And that does not -- I'm not sure if the CZC is required with that, but Len will comment on that one. Grady: Madam Mayor, Members of the Council, on occasion we do allow a foundation only permit in a case where it's already -- there is already an existing parcel there and they could go in and apply for a building permit anyway, in those particular cases we do allow for foundation only permit. So, we can show some flexibility in the building department there, provided they meet with all of the planning and -- all of their requirements. Does that make sense? Meridian City Council June 26, 2007 Page 40 of 70 Canning: That was the end of the outstanding issues I had. Again, they are not associated with the project. I think we have worked with the applicant to really -- we worked a lot on the -- the design of the structure, so that it met the standards of the -- our design standards that we do have. Justin Lucas worked with the applicant on that before leaving the department. So, I think that we came up with some good -- or the applicant came up with some good solutions to meet what we needed from them and I know there is still some discussion about the retail space, but I believe that was worked out at the Planning and Zoning Commission and the only thing that the police department was looking for was some surveillance, because -- because the project -- because we requested -- it's a little bit of a circular argument that police wanted some eyes back there, because the activity is not on the front of the building, it's kind of tucked behind. So, with that I'll answer any questions Council and Mayor may have. De Weerd: Council, any questions? Rountree: I have none at this time. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: There is actually one additional. You have talked about the letter where they asked for some accelerated processing. There actually was a second letter with the same date and identical first paragraph or two, which may not have been noticed to be a second letter, where they asked to be addressed with an Overland address, even though there is no access to Overland, and I guess I would ask police and fire -- I can understand -- certainly understand their desire to do that. It makes their business more locatable for the general public -- Canning: Thank you, Councilmember Zaremba -- Zaremba: -- but I guess I would ask police and fire if they can do that. Canning: Thank you. I had forgotten to address that issue. Nary: Madam Mayor? De Weerd: I think let's have the applicant present their project and address that during their testimony. Thank you. Then, if we need further comment, we will -- Zaremba: Thank you. Meridian City Council June 26, 2007 Page 41 of 70 Eisenbarth: Madam Mayor and Members of the Council, my name is Darin Eisenbarth. My address is 307 Winter Boulevard in Nampa, Idaho. This project is our ninth store. It will be our second one in Nampa -- or I mean in Meridian, with your approval. Rountree: Be careful. Eisenbarth: Very close to -- it's very close to -- in design to our store that we just opened in Nampa. De Weerd: It will actually be the third. Eisenbarth: Oh, with the -- counting -- De Weerd: We count the Chinden store as ours, too. Eisenbarth: Oh. Well, hopefully -- hopefully it will be. De Weerd: But -- and I am counting. Eisenbarth: So, it will be our third. And we have actually been a member of the Meridian Community since the early 'S0s when we purchased the mill and we are excited about this project and I wanted to first say thank you to the planning department for working with us. We think they have been very accommodating. It's been -- it's been a long process getting it all done and, I apologize, I'm not a professional developer, so probably didn't do them a lot of help. But they have been very accommodating to us through the whole process. So, we are excited, we think it meets well with .the property itself. We have addressed the flood plane issues that are on the back of the property. The requirements to the front. We are very much looking forward to Silverstone Road going through and offering a second access into the property. In this process we met with all of the neighbors, all of the members of the subdivision there and kind of got the ball rolling. They actually didn't have -- they hadn't met with their neighborhood association in 15 years I think and so we kind of all got them together and held a series of meetings and since that point I think a lot of the other neighbors are getting together and looking to sell and develop their properties over there as well. So, we think it fits -- it fits well. The Overland address has been approved for us and we received that notification on that. I'm not sure of the whole process, but we did receive that from -- so other than that, we are excited to get going and the reason for expediting is that we are trying to get this project underway before fall, so that we can get -- can get the building enclosed before the weather hits. We hope to open -- with your approval we hope to open the store in January. De Weerd: Council, any questions for the applicant? Bird: I have none. Meridian City Council June 26, 2007 Page 42 of 70 \_J Rountree: Madam Mayor, Iguess -- you have heard staff's comments to some of the specifics you have asked in terms of expediting the project by letter, not necessarily this application. Having heard those, are you in general agreement with the response you received? Eisenbarth: Yes, we are. Rountree: Okay. Thank you. Eisenbarth: We sure are. De Weerd: Okay. Staff? Grady: Madam Mayor, Members of the Council, I guess I'm a little confused. I didn't think the Overland address had been approved. The -- all of the correspondence that I have say no. So, I'm not sure where the approval came from. Bird: Madam Mayor, can I ask a dumb question? De Weerd: Yes. It won't be the first time. Bird: I know. Who had approved it? Grady: And that's my concern is I know that -- Bird: Maybe Mr. Eisenbarth can -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, there is a letter from Doug Zamzow that was from Ithink --Ithink it's May 29th, requesting the address change. In reviewing our city ordinance, the city is the one who issues the address and it's based on the city code and it attempts to be in line with the -- the countywide emergency system. The city code is written rather poorly and -- because I didn't write this particular section of the code -- from 1974. Ithink Mr. Fitzgerald might have written this section of the code back then. But it allows for both the -- of granting of a variance by the Council, as well as an appeal. Now, I couldn't tell from the documents or the information -- and Mrs. Canning might be able to shed some light at the planning and zoning level at the Commission if they even discussed this. It appears they did not. But the city does issue the address based upon the emergency management system that we have in Ada County, because it has to not only comply with the needs of the City of Meridian, but as Meridian City Council June 26, 2007 Page 43 of 70 well as Ada County dispatch, Ada County emergency medical program, as well as other agencies, fire services, police services, and the like. What I had told Mr. Zamzow is that based on our ordinance, to be fair, since there seems to be some poorly worded language in here, to be fair they can address the Council and ask this question regarding whether or not they -- the Council would authorize a variance from the ordinance and that's based on, again, some very fuzzy language that's in here, but it appears the Council has that authority. A couple of days ago Ms. Glenn, who heads up that section of Public Works that deals with addressing sent me an a-mail saying that they had reviewed, based on Mr. Zamzow's information that was provided about other addresses in the city and they may be able to provide some oral testimony about that there are other addresses that comply with what they are requesting and that they may or may not -- the Public Works Department might not have an objection and may consider it to be suf0•icient. Again, that's -- I got one a-mail and nothing else. I did recommend that she contact the police and fire department. I don't know if they have been contacted or not. And, again, Mr. Zamzow may have more information, as well as Chief Anderson or Lieutenant Overton. But that's, basically, where the addressing issue is. Your ordinance does give you some authority in which to grant an exception to the addressing requirement if you wish. And this seemed to be the most appropriate time, especially with all the time constraints that they have to be able to address it now. Eisenbarth: Madam Mayor, Members of the Council, I apologize, we were actually given an address. I mean we actually have an address now. So, I'm kind of caught on my heels here. So, if I could let Doug address that and I apologize for trying to mislead anybody. I'm a little bit confused myself. De Weerd: No. That's fine. We will ask Doug to comment. Eisenbarth: Okay. De Weerd: Thank you. Eisenbarth: Thank you. De Weerd: If you can, please, state your name and address for the record. Zamzow: Yes, ma'am. My name is Doug Zamzow. I reside at 415 Schmeizer Lane in Boise, Idaho. De Weerd: Thank you. Zamzow: And I'm construction manager for Zamzows. Since we left off with Darin on the address issue, I wanted to find my documents here. I can provide the original to the Mayor. ~~ Meridian City Council June 26, 2007 Page 44 of 70 De Weerd: Thank you. • Zamzow: So, I thought it was a done deal. I thought it had run its course through the process when we received that notice from the addressing specialist last week. So, we can continue that dialogue or I have got a few other things I'd like to comment on. De Weerd: Go ahead and why don't you continue to comment while the City Clerk copies your letter. Thank you. Zamzow: I wanted to add that hasn't been brought up yet today, but we are working closely with Bill Johnson, the Deputy Fire Chief, I think that's his title, to donate the three homes and outbuildings that are on the property to the City of Meridian for fire training use. Hopefully that will occur in late July, early August. It is our intent for the Director -- Planning Director, if all goes well, I will have the Certificate of Zoning Compliance application complete and submitted by the end of the day tomorrow. Per their offer. I'm taking them up on it. I would like a clarification on the multi-use pathway. In the staff report it was mentioned I think three times -- in one place it said most likely will be required, in another place it said it may be required, in another place it said it will be required and after seeing the earlier presentation on the pathway, I don't know what to expect, where it will be or when it will be, so I guess I'm asking for clarification if it's a for sure will be or most likely or may be. De Weerd: Was it a dotted line? Zamzow: No, but it was green. Bird: If it's green, then, it will be. De Weerd: It will be. Rountree: It will be. Zamzow: No, I haven't even seen it on our particular site, so I don't know where it will run. Rountree: Probably isn't. Zamzow: So, haven't -- go ahead, Anna. It's not in the city. Canning: Madam Mayor, Members of the Council, there has been a pathway shown on that creek for years and the new pathways plan continues that pathway. And it wasn't changed to a dotted line tonight. Rountree: So that is a requirement. • Meridian City Council June 26, 2007 Page 45 of 70 Canning: It will be required, yes. Bird: Yes. De Weerd: Will be. So, you just got clarification on the may, will be, will be. Zamzow: Well, I hope it fits with our site plan. De Weerd: Anna, was that part of the site plan evaluation? Canning: Madam Mayor, Members of the Council, I believe it's an outstanding issue for the site plan is that it needs to be incorporated into that site plan. I do not see a ten foot pathway. De Weerd: Okay. Zamzow: Could I ask for another clarification on that, please? De Weerd: Yes, sir. Zamzow: Can it be in the flood way? Rountree: Let Len answer that. De Weerd: We like to ask questions of our directors that are in other discussion. Can the pathway be in the flood way. Grady: Provided it does not impact the flood way, cause an extra rise. He'll need a flood way permit, but yes. De Weerd: So, yes, it can, as long as it doesn't change the flood way path topography. Zamzow: And, then, last, but not least, Zamzows is asking to try to move forward with some improvements at the Chinden property and I heard your comment, Madam Mayor, so I might ask for a little help on that. It's not in the Meridian -- the City of Meridian -- De Weerd: I know. It's in our area of impact. Zamzow: So, we can't move forward without getting into the city. So, I will ask for some help. De Weerd: So, we will see an application, uh? • i Meridian City Council June 26, 2007 Page 46 of 70 Zamzow: I'm not even sure how to start, because without water and sewer I can't start an application process. De Weerd: These two over here in Planning and Public Works are the ideal people to start with. Zamzow: That's why I thought I would bring it up. Canning: Madam Mayor, if I might say one thing to the applicant. If you are considering putting the pathway in the flood way, we'd have to get that permit taken care of before you submitted the CZC, so that we knew that that was going to work, so you're going to have -- I don't think you're going to get it in tomorrow if you put that -- just letting you know. Zamzow: Okay. Rountree: Madam Mayor, I guess a question for Anna or Len and Mr. Zamzow hasn't asked is who does he submit that application to. Public Works? Grady: Madam Mayor, Members of the Council, yes, it would be Public Works. The building department can take care of that for you. De Weerd: Okay. Zamzow: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Council -- or, Chief, did you have a comment that you wanted to make? Anderson: Well, I guess just wanted to comment on the address deal. I guess Len and I and John are all kind of stunned how the address ended up being Overland, because we have had discussions and our policy is pretty clear that we address buildings by the street that they take their access from and it's very confusing for the emergency responders, police, fire, EMS, when a building has an address and you can't get to it from that road. It's kind of like you can't get to it from here. And we have got a lot of businesses that are around town -- I mean they front the interstate and the interstate's a very well known interstate, but they don't have interstate addresses, obviously. And we have several examples and usually a business does want an address that's well known, but it doesn't make sense from an emergency response standpoint to give it an address when you can't get to it from there and so our policy has been the last couple years that I have been here and we are trying to be consistent with that, that you will address from where you get your access. And a good example is the Cottages out on Ten Mile, they requested a Ten Mile address, because that was much better known, but you can't get • Meridian City Council June 26, 2007 Page 47 of 70 to the cottages from Ten Mile, you have to go into Bridgetower and, then, take another right and I don't know the name of that road, but that's the address that they had to have because of that. And so we would urge you to be consistent with that, because there are a number of places around town that will -- that will have a considerable amount of confusion for the first responders if you start letting the applicants pick their addresses. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess I would echo the same comments that the Chief just made, because I have had a number of folks come and they have all been residential, not commercial, but they have had the same issue, where they wanted a different address based on either historical reasons or something else and the city at least in the last couple of years has been consistently applying that same standard for that very same reason. On this particular one I have no idea -- as I said, I have got an a-mail from Ms. Glenn the other day that said -- I guess it was last week -- asking if I had an objection to them changing it and I thought my concem it's more a police and fire and I recommended she contact the police and fire department before she did that. She sent me back a response saying she had and I never heard it again. So, I have no idea who she spoke with or what their response was. What I was informed of is that there are other addresses in town in the same situation. I think what the chief is alluding to is we are trying to get away from that. I don't know how recent those addresses were issued to those businesses, but you may recall about a year ago we had a project that now fronts Locust Grove on a new road section that was built and it's abusiness -- industrial business on that street. When it was built -- when it came in front of you, they asked to have a Locust Grove address and this Council denied it, because Locust Grove at that point didn't exist. We required that the address be fronted on the street that was the access to the business. The Council at that time indicated that if in the future it changed because of Locust Grove being installed, then, they could come back and ask for a change. But until then that was the policy and the direction of this Council. So, I guess I'd echo the chiefs concem. I don't know the reason that the address was changed in mid stream of this process and I don't know what the police or fire department's responses were, because I haven't see those. But I do think it can be a concem, because it isn't -- it isn't just our emergency services that have to find it, it's other agencies that don't know our streets, don't know the locations of buildings or businesses, that are coming from Boise as a responder or coming from Eagle or Kuna to respond to an incident that would make it problematic. That's it. De Weerd: Thank you. Well, now we know why -- of the importance of the elevation. Anyone can find you. Grady: Madam Mayor? Meridian City Council June 26, 2007 Page 48 of 70 De Weerd: Yes. Grady: I have got a few comments and, then, the Police Chief wants to talk. Promoted him. Sorry. De Weerd: Boy, you have gotten several promotions tonight. Grady: This form -- I'm not used to seeing it. It says it's been verified as being valid, but I'm used to seeing a list of approvals from the street name committee. But at best it is misleading. It certainly would indicate to someone that that is the address, but what I'd like to do is be able to coordinate with Karie Glenn and just confirm what the intention of this form was. Unfortunately, I have been caught off guard here. De Weerd: I think for the applicant, though, if it's appropriate for Council to discuss this and if they have an issue with having the Overland address, they probably need to -- to have that discussion. Lieutenant. Sorry. I mean I could call you Captain, Chief, or whatever, but -- Overton: Madam Mayor -- as long as it's polite, Madam Mayor. I appreciate it. Madam Mayor, Members of the Council, I was at the comments meeting when the restriction was placed by Deputy Chief Silva and Karie that it be accessed and addressed off of Jade Street, not off of Overland Road, and that was the best of my knowledge. No one has contacted me and I was the police representative at that comments meeting. So, I'm a little shocked to see that this was now coming up as Overland Road. The fact, again -- and I know it's been reiterated, is we do have some that are done off of the roads that they are not accessed, but that's what we are trying to get away from. We are not trying to allow any others to do that, because they are bad examples, we are trying to set a consistent route for the future for public safety and we want to ignore the fact that it was done wrong before and move forward on a consistent manner and that's what we did in the comments meeting and I don't know where this thing took a left tum. But it certainly wasn't at that first meeting. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just to add to the confusion. De Weerd: Thank you. Rountree: This is not a new item to me. And we -- I have had this discussion with Public Works and I fully appreciate the consistency in addressing for emergency response, but I can also appreciate those people that front arterials that, essentially, give up an access point that they may or may not have associated with their property Meridian City Council June 26, 2007 Page 49 of 70 and for the good of the community and, quite honestly, in this situation I see Jade Street and I see a future other street that it could be addressed off as well, but it's not there, but it could just as well be across-access agreement in a parking lot that they would have to tum into and get to this point -- get to this location. So, I can see the logic there when you're fronting and your advertising is right on the street. The real issue is that we have a really crummy ordinance and we have the opportunity for interpretation and reinterpretation of the ordinance. So, I guess my suggestion is we will have to work through this one because of the information that's been transmitted, but I think we need to get on top of our ordinance and get clear direction for staff, so we all can sing the same song, whatever that's going to be. Borton: Madam Mayor? De Weerd: Yes. Borton: I do understand the concerns from my perspective that it is maybe too easy and at all times and in all instances the address is placed from the point of access and that's imposed consistently across the board without exception. My comment to the ordinance would be that it's consistent and future applicants always know -- how to apply it in this case, I think Councilman Rountree's comments are right on the money with regard that the applicant's give up access to -- you know, for the betterment of the city, but I don't think I could ever handle acase-by-case interpretation of when that rule should be applied, when it should be applied. I'm comfortable across the board at all times. That's the point of access being the entrance. And correcting the one in this case. De Weerd: Lieutenant. Overton: Madam Mayor, Members of the Council, just one last point. I realize fully that Zamzows is going to be visible from Overland Road and I'm sure they are going to have a sign program that will be appropriate so it will be visible. But you have got four businesses that are going to be just to the west of that building, which are not going to have big monument signs sitting off the edge of Overland Road that are going to be addressed off Overland Road if we allow this. And those are going to be difficult ones for us to find. Where if they are off Jade we know exactly where Jade is. Rountree: Point well taken. Zaremba: I wonder if there might be a future desire to address it off Silverstone, because that's also going to be a more well known street. And, again, the same problem with Locust Grove, we can't do it today, because the street's not there. But it might make sense to leave that option open to readdress it to Silverstone. Bird: Madam Mayor? Meridian City Council June 26, 2007 Page 50 of 70 De Weerd: Mr. Bird. Bird: You've got a whole bunch of Silverstone entrance businesses with Overland addresses, so I mean, you know, this is something that we -- as Councilman Rountree said, we got to get this ordinance where it isn't so wishy washy. I have questions -- if I'm from Boise and I come over for a mutual aid agreement and they tell me Jade, I'm not sure I know where Jade is in Meridian. I do know where East or West Overland is. So, I think there is two sides to it and right now I think you have to go on per application, but as Councilman Rountree said, we have to get that ordinance changed, so that we don't have to go on -- and so the applicants understand, too. So, I don't know -- you have a lot of -- you have a lot of Overland addresses out in that -- on that comer on both sides that don't have an entrance off of Overland Road. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, if it would be of any assistance, what the standard that's in this ordinance that you have to consider and if you -- if this is the finding you want to make, then, you may want to include that in your findings. It says that to grant this exception that the Council must find there is an extraordinary hardship and that a substantial justice is done by granting the exception and that the public interest is secured. So, it's a pretty broad statement and that gives you that discretion, but if you're going to make that finding, then, I would at least recommend that you articulate how it fits into what that ordinance requires. We can certainly look at future ordinances and Councilmember Bird is correct in certain circumstances there are sign programs that one facility has a street access address that all the buildings within it don't necessarily face the street, but the access is still on the main roadway that it's addressed from and that's just a concern I think from a public safety standpoint. De Weerd: Now that everything is clear as mud, I guess we have two items to really discuss and that would be, first, the application in front of you and, second, the appropriate street address. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I ask about maybe a third and question for Anna. Back to the pathway location and the flood way approval, until we have that determination, we don't really have a concrete site plan, are we still behind a couple steps to be able to know what exactly this is going to look like? Canning: Madam Mayor, Council President Borton, I did a quick conference with Mr. Grady after that. Apparently those -- those permits are not as difficult to get as I had Meridian City Council June 26, 2007 Page 51 of 70 thought, because there is no vertical construction I think it's going to be fairly easy for him to locate that within flood way there. So, he will have sufficient area to accommodate that on a site plan. I went ahead and told him that he could submit that CZC. He already has an application in for the flood plane and flood way permit, so he should be getting those soon. So, I misunderstood at first, but I'm comfortable moving forward. Borton: Okay. Thank you. De Weerd: Okay. Any additional questions from Council before I ask the applicant for closing remarks? Bird: I have none. Rountree: I have none. De Weerd: Does the applicant have closing remarks? Eisenbarth: Madam Mayor, Members of the Council, it's not our desire to create any public hazard. The properties themselves -- and granted, this is a rezone and I don't know how this works, but we did have two Overland addresses and to develop their property the way that the city wants, we give up that access that we already have, those cuts, you know, whether those would go away or not -- we give up two Overland addresses and develop the property the way it wants and, then, we lose that location to the public and I can understand if this was a house, if theirs was a -- you know, we had to come in way off of Jade and come back around on another street just because we found -- we do own the whole property, we will sign it to the street, and I think it will be very visible from there and I can understand if this was a residential house, if you entered from a subdivision through three other streets to come in, but the property itself does --did originally have two Overland addresses there, so -- De Weerd: Any questions from Council? Bird: I have none. De Weerd: None? Eisenbarth: Thank you. De Weerd: Thank you. Okay. Council, if there is no -- Zaremba: Just a comment, Madam Mayor. I don't know how helpful this is, but I'm predisposed to anybody that names their company a family name as far back in the alphabet as mine -- almost as far back in the alphabet as mine, people don't know how Meridian City Council June 26, 2007 Page 52 of 70 ~~ we suffer and I just want to say I'm predisposed to give them anything they want. I don't know if that means that I should recuse myself, because I don't really benefit from it, but there is an emotional impact. De Weerd: Well, just think if you have a D and a W, they never know where to look for your name. So, at least they only look in one spot for yours. Okay. Any other comments, Council? Do I have a motion to close the Public Hearing? Yes, sir. Zamzow: Doug Zamzow, 415 Schmeizer Lane. May I request that, if possible, that you approve per the recommendations of staff and that the outstanding challenge on the address be handled later, so that we can stay with the process of the certificate of zoning compliance, the development agreement, the ordinance, et cetera, please. De Weerd: Okay. Mr. Rountree. Rountree: Madam Mayor, in support of that comment, I read the letter that they did receive from the City of Meridian. They received one address. Overland Road. Suite numbers to be assigned later on. Well, that might mean that -- something to -- thal might mean something to these folks different than what it really means and what it means is they are going to have an address on Overland Road and they are going to have to become the mail person for the other four tenants, because the post office will not deliver to a suite number at that address. So, I guess those other addresses there could be addressed off of Jade, theoretically. Which would further confuse the whole deal. So, it is kind of messy and, I don't know, I don't disagree that we need to -- we need to address the issue, but I don't know that it should necessarily compromise moving forward with the project. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean I guess to follow up on Mr. Zamzow's comment. The second section of this city code -- and I guess the problem is it's got conflicting information, but an appeal of this decision by the Council can be had by any person, which includes staff, within ten days. So, if it is an issue from a public safety standpoint, you can take action on the underlying application tonight, as well as the zoning request and as Councilmember Rountree stated, right at the moment, at least the information we have, is the city has issued them an address on Overland Road. If there is an objection to be had by the fire department or the police department, they have the ability to appeal that, but the process can still continue. So, you can do as Mr. Zamzow requests and move this forward and if that issue of addressing is truly an issue that needs to come back in front of you, there is a mechanism to do that. Rountree: Thanks, Bill. Meridian City Council June 26, 2007 Page 53 of 70 De Weerd: Thank you. Okay. If there is no further information needed, I would entertain a motion to close the Public Hearing. Zaremba: Madam Mayor, I move we close the Public Hearing on AZ 07-008, Item 15. Bird: Second. Borton: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve AZ 07-008 for Zamzows Overland, to include the staffs response of all staff comments, including the staffs responses to the timing and accepting, until challenged, the Overland address. De Weerd: Do I have a second? Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 15 with the statement as -- as stated. Any discussion, Council? Rountree: The Zs will prevail, is that it? De Weerd: Yeah. Canning: Madam Mayor? De Weerd: Yes. Canning: Could the maker of the motion repeat the last phrase? We didn't understand or hear it. Zaremba: The intent was to accept the Overland address. I'm not precluding that somebody could challenge that, as city attorney Mr. Nary described. Canning: Thank you. Meridian City Council June 26, 2007 Page 54 of 70 Zaremba: Is that the way it came across? De Weerd: Uh-huh. Bird: That's the way I got it. Borton: Second agrees. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Yes. Borton: For discussion, you know, the second agrees to the application and I think it's an absolutely awesome project and the applicant did a fantastic job. My only caveat -- and from my perspective I invite staff to appeal is with that address and I'm extremely sensitive to the applicant's comments and what's here now. My thought is 2047, things of that nature are way down the road when all of us are gone. My perspective is to be painfully consistent on the access and address issues, so -- De Weerd: Thank you. If there is nothing further, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Bearing: ZOA 07-001 Request for a Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment # 2 by the City of Meridian Planning Department: De Weerd: Thank you very much. Okay. Item 16 is ZOA 07-001. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, we have a number of Unified Development Code text amendments before you tonight. Those are detailed in your staff report. There are five particular changes I want to bring to your attention. The first -- and, please, Mr. Bird, if you could jump up and down in congratulations Iwould appreciate it, but the first is increase the side setback from four feet to five feet for the R-8 and the R-15 zones. Okay. At least I got a smile. The second item I wanted to bring to your attention is that we are proposing to remove the fireworks temporary use i Meridian City Council June 26, 2007 Page 55 of 70 standards, so that the ones that the fire department recently adopted will prevail and we have proposed to increase the maximum structure size for temporary uses from 500 to 700 square feet. I have to tell you that we spent months trying to work out the other temporary use standards and just that the -- every time we delved into it the problem got bigger and bigger and we started to incorporate the citizen's use permit and we felt it was better to just shut down that line for right now and to move forward with this one. This was a couple months ago, obviously, and we are still working on that. I know that Mrs. Kane from the Legal Department and Mr. Hood from my department just met last week. I have not had an opportunity to get an update from them. I will get an update and time line and send it to the Mayor and I can forward that to the rest of you if you're interested. That will be the next text amendment before you and it will be as quickly as possible. The temporary use stuff is just -- it's a hard nut to crack. We are trying to figure out something that seems to be appropriate for the City of Meridian. But for the time being we are removing all the fireworks and we are increasing the maximum structure size from 500 to 700. Another big -- or another substantive change, anyway, in this code amendment is to increase the required open space from five percent to ten percent. We did get the word out -- De Weerd: Your time is up. Can you please summarize? Canning: Sure. Add process for DAs. Change PUD. De Weerd: Thank you. Canning: Can I answer any questions? De Weerd: Any questions, Council? Bird: I have none. Canning: We did get that word out to the Building Contractors Association. We have not received any comment from anyone with regard to these changes, so -- another big one -- we finally added the process for development agreements in the Unified Development Code. At first I had thought that it would be more appropriate to add those in a different section of the city code, but in looking at the Land Use Planning Act it says it's supposed to be in the zoning code. So, we went ahead and added that and so that we can get some consistency. We have had a consistent interpretation that we have been following, but now it will be codified. Finally -- you may have noticed that since adoption of the Unified Development Code you haven't seen a single PUD. We did get -- we get folks looking for them on occasion, particularly when they are looking at kind of a new and innovative way of providing units attached -- a combination of attached and detached and condominium units, generally multi-family units we would call them, in the R-15 zone, where they are trying to provide an example that doesn't -- it's not just a straight garage dominated landscape. So, we are proposing to open up • Meridian City Council June 26, 2007 Page 56 of 70 that as something that would qualify as a planned unit development. Right now it says that you can't -- you can't just ask for a planned unit development for the purpose of reduced standards, that that isn't sufficient. You have to meet one of the purpose criteria. So, what this would do is open up that purpose criteria to say, okay, if you're trying to achieve this kind of -- some density on this site and want to do it in an innovative, attractive manner, then, we will let you at least look at using the PUD as an option to achieve that. Originally, we had gone into this trying to find some new R-15 standards and looking at changing that portion of the code, but what we found is that the forefront of those kind of those projects, those -- again, those innovative -- those kind of new exciting projects that really are quite attractive, there was no consistent elements between them. They didn't have a consistent frontage, they didn't have a consistent height, they didn't really have a consistent anything that we could try and develop codes around. The other -- the other challenge with that is that coming up with a black and white ordinance code for that R-15 -- I knew it was going to be very difficult to find aone-size-fits-all standard with regard to the fire department needs. So, this planned unit development gives more flexibility to the application and it gives the fire department the chance to work with each of those applicants and there is not going to be a lot of them, but to work with those applicants to determine what their needs are with regard to that specific project. So, that last item is really one of the biggest kind of philosophical things. The others are really just clean-ups. I can enumerate them. I -- they are in your staff report, the exact text changes. I've also in your cheat sheet given you kind of the summary of what they are doing, but by and large the other ones are clean up, too, so that we can have my -- the way I have been interpreting them a little more clearly defined in the ordinance itself. With that I'll -- oh. The Planning and Zoning Commission recommended approval at their May 17th hearing. There was no one to speak in favor of it and opposition, commenting, or no written testimony. Key issues of the discussion by the Commission were the Public Hearing notice distance requirements and the definition of open space. There were no changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council. And with that I will answer any questions you may have. De Weerd: Thank you. Council, questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I have some concerns with the last one, because I think you're opening up an area that's going to be a nightmare for you to figure out what's visually pleasing and cohesive patterns without some design review criteria in place. I don't disagree with where you're going with it, but it might be premature. It seems to me like we are just opening up an opportunity for somebody to say, well, here is finally a way to go this direction and in my eyes this is a visually pleasing and cohesive pattern of development Meridian City Council June 26, 2007 Page 57 of 70 and, then, they just get into an argument with staff, which ultimately ends up with P&Z and us, because we have no design guidelines at this point. Canning: Madam Mayor, Members of the Council, Councilmember Rountree, good points. What we could do is on that last phrase where it says where garage doors are generally not fronting the streets, we could put where design guidelines are proposed or in place and where -- Rountree: That would help some. Canning: -- garage doors -- that -- it leaves the door open for an applicant to propose design guidelines right now and -- and when we have codified ones or adopted ones, then, we can say that those are in place. Rountree: I'm a little more comfortable with that. At least it gives you something to grab a hold of. Canning: Would it be sufficient to say just where we -- where there are design guidelines for the development and where garage doors are generally not fronting the street? Rountree: Yeah. I'd make it additive. Canning: Okay. De Weerd: Okay. Anything else, Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: You knew before I opened my mouth. Actually, acouple -- well, one of them may need some discussion, but in paragraph 11-1-A-1, where you're clarifying definitions, you actually name the section line roads and it's a nice neat list that goes from west to east and, then, north to south and, then, there is three more tacked on that aren't in that order. But my request for orderliness would be to distribute those three names back into the list, so that the whole list reads west to east and, then, north to south. It kind of sounds like they made the list and, then, somebody said, oh, yeah, there is three more streets that are section lines. Canning: That's exactly what happened, sir. Yes. We will -- Zaremba: Just a comment. Then the other one is actually a question that may take some discussion and this is Item 11-3-C-4-B-3 and the discussion is things that can be i Meridian City Council June 26, 2007 Page 58 of 70 • in the side lot of a property, but must be screened behind anon-visible fence of at least six feet high. And what it says is that you can do that with one boat and one travel trailer. And my question for discussion is shouldn't that be or instead of and? Are we really saying you can do both? Canning: What's the cite reference again? Zaremba: 11-3-6-C-4-B-3. It says you can do that with a boat and a travel trailer and I'm just questioning whether that was really the intent. Canning: Madam Mayor, Members of the Council, what had happened was -- is that we did have a provision to allow one boat and one trailer to be stored on the side or your rear yard, but we -- it wasn't clear that that had to be screened. There are other references that imply that it needs to be screened. So our intent in proposing the text amendment was just to make it very clear that those needed to be screened. If the -- I hadn't really proposed to change the standards. What Councilmember Zaremba is proposing is to change the standard, that would be -- that may be appropriate. I just had -- was trying to clarify. So, you're taking it in a different direction, but if that's the Council --direction Council would like to go, that's fine. Zaremba: Well, you actually answered my question. If there is other places where and is the correct word, then, I probably wouldn't make an issue out of it. Canning: This was to allow one boat and one travel trailer. So, that's the standard that was originally in place. We just wanted to make sure they were screened. Most people can't fit both in their side, but they could fit both in their rear -- yard. Yard. Rountree: It's getting late. Zaremba: Unless anybody else has an opinion, you answered my question. Canning: Okay. Zaremba: That's fine. Thank you. De Weerd: Thank you. Okay. Is there any other questions? Bird: I have none. Rountree: I have none. De Weerd: This is a Public Hearing. Is there anyone here that would like to comment on --thank you. Okay. • Meridian City Council June 26, 2007 Page 59 of 70 Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'd move we close the Public Hearing on Item 16, ZOA 07-001. Rountree: Second. De Weerd: I have a motion and second to close the Public Hearing on Item 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any further discussion? If not, do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve Item 16, ZOA 07-001, amendments to the ordinance and UDC and to incorporate Councilman Rountree's comments and staffs comment with regard to 11-7-1-A-2. Rountree: Second. De Weerd: I have a motion and a second and a need for clarification by staff. Canning: Yes. Was the 11-7-1-A-2 and 11-1-A-1, the reordering of the north, south, east, west streets? Borton: Yes. Canning: Okay. Borton: Sony. Rountree: Second agrees. De Weerd: Anything further for the orderly mind? Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 26, 2007 Page 60 of 70 L J Item 17: Public Hearing: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O-T zone for the Busted Shovel by Sherer & Wynkoop, LLC - 704 N. Main Street: De Weerd: Thank you. Item 17 has been requested to continue until the 17th of July. Do I have a motion? Zaremba: So moved. Bird: Second. De Weerd: All those in favor. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18: Public Hearing: AP 07-005 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sign by Todd Mendel - 1640 W. Cheny Lane, Suite 100 (Lot 2, Block 1 of Cherry Lane Crossing Subdivision): De Weerd: I did open that Public Hearing, by the way. Okay. Item 18 is a Public on AP 07-005. I will hope this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Primerica project. Pardon me while I find my notes. Thank you. It's located at 1640 West Cheny Lane. The application before you tonight is an appeal of the director's decision to deny a signed permit for Primerica. To give you a brief highlight, the applicant requested a sign permit for the existing Primerica sign that you see here. The sign was installed without a permit originally and the request for the sign was denied for the following reasons: One, the proposed sign actually meets our definition of an off-premise sign. The Primerica offices are not located in either of these store fronts that are immediately below it. The entrance for the Primerica suite, basically, is located off the side of the picture here to the -- to the left of the screen. The other reason -- there was two signs with the sign permit application. One of them was approved. This is the only one that was denied, so -- the other reason is that per the UDC, the wall area is defined to mean the wall surface of a single tenant structure or the store front of the multi-tenant structure. So, again, the store front is not located here, it's located in a different area of the structure. Furthermore, it says for wall signs, that wall signs are permitted in any number, location, or orientation, except for an adjoining residential property, provided that the total square footage does not exceed 18 percent of the wall space upon which the sign is placed or nine percent of the wall if combined with a freestanding sign on the same lot. This proposed sign is over the nine percent of the wall space for the store front elevation for Meridian City Council June 26, 2007 Page 61 of 70 • Primerica. So, with those reasons, we did deny the store front -- the primary one, again, being that first one, that this is an off-premise sign, this is a building -- or a store called BIBs. They did erect this sign, again, without a permit for briefly. That was removed when we informed them that it didn't meet our code. They are looking for some ability to find their project. You do have a letter from them, they are -- I would say weakly opposed to this -- or they -- they just want signs, whatever they need to get some signs, they would be happy with. Currently we won't approve a sign above their store front, because this Primerica sign is there. So, the store front owner of this business is impacted similarly. With that I'll answer any questions Council may have. De Weerd: Council, questions for staff? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: If the off-premise sign -- yeah. If that sign were not there, then, the store fronts that actually front those properties would be allowed to have a sign. Canning: Yes, sir. Rountree: In that facade that met the space requirements. Canning: Yes, sir. Rountree: What's the owner-tenant relationship on this particular issue? Canning: It's amulti-tenant structure, so they are all -- it's all one -- one lot. De Weerd: They all lease. Rountree: They all lease. Canning: Yes, sir. Rountree: And I assume they have agreements with the owner on how they can sign? Canning: Yes, sir. And, actually, in the letter from the BIBS person, He does indicate that he knew he didn't have signs, but it has been a detriment to his business. They are fairly new business owners and -- Rountree: Okay. Thank you. • Meridian City Council June 26, 2007 Page 62 of 70 • De Weerd: So, the lease agreement wasn't in compliance -- it's not a business, but the lease was not in compliance with our sign ordinance? Canning: No. These signs -- this issue arose as an enforcement issue. The Primerica sign went up without a permit and is not consistent with code. De Weerd: Anything further? Okay. Is the applicant here? Good evening. Thank you for lasting through the whole meeting for this. Mendel: Madam Mayor, Members of the Council, Todd Mendel, M-e-n-d-e-I, senior vice-president with Primerica, a member of Citi Group. Also lessee of this property. It's a training center for our Primerica agencies expanding in the Treasure valley. I'll make this brief. In March of 2006 we entered into an agreement for 2,500 square foot, which is 40 percent of this complex, at which time, where our business is now located, was unconstructed and unfinished. Our lease arrangement actually show, as you will see in the photographs provided before you -- I'm assuming you have the packages provided -- that we do, in fact, have an L-shaped situation, which only required one entrance way, which is Suite 100, directly 14 feet to the left of that sign and eight feet to the linear wall. Part of our lease arrangement when we first negotiated this lease in March of 2006 and our moving was in June, was based on having frontage signage and that was entered into our lease agreement, as well as it's a rather long and lengthy and extensive lease agreement personally guaranteed. In the fact of doing that we L-shape around BIBs and actually take up all the back area of that running into the adjacent area of 130, which is the suite behind it. At that time we assumed having to get authority to put our sign up by the landlord, we did obtain that under his lease requirements and we do have to get regulatory authority from the home office in Atlanta, Georgia. We did obtain both and we did contract Premier Sign, the Meridian sign contractor here in town, who we assumed would require any city permits would be gathered by him. It wasn't until the 1st of May that we were notified to -- that we did not have a proper sign permit with the city, so we immediately applied for one, at which time it was denied. The three reasons that the Planning Department gave us for denying our sign was as stated, that this is an off-premise sign, which under the UDC we had trouble understanding how it was off premise when we had 40 percent of that complex and as you will notice, we have multiple examples of similar signs throughout Meridian that are not directly over their entrance way. Secondly, it was a wall sign that could not exceed nine percent of the wall space. Well, that's the entire frontage of that, which is the southern facing frontage of that complex and there is probably a better photograph. I don't have a real fancy Powerpoint to show you, but that shows the whole frontage of that space and that's if we had signage on afree-standing sign, according to the UDC, which we do not. So, there is one free-standing sign for that complex, of which we do not have any advertising. So, therefore, we are allowed 18 percent of the frontage, according to the UDC and we do not surpass the 18 percent. So, it has been falsely identified by the Planning Commission that we would only be allowed nine. In summary, based on going through the landlord requirements -- granted, the application to the city, although late, ! i Meridian City Council June 26, 2007 Page 63 of 70 was submitted once we understood that it had not been completed, understanding the fact that we do meet all the requirements of the Cherry Plaza, which was the, then, sign program in place and I'd like to point out that it specifically says that trademark signs are exempt from certain height requirements within the Cherry Plaza Hawkins approved sign program for that entire complex. We had also had our -- we fit within those qualifications. So, if we are not in violation of our landlord's agreement, if we are not in violation of the Cherry Plaza sign -- Cherry Shopping Plaza -- Cherry Crossing Plaza sign program and we are not in violation of an off-premise sign and we are within the 18 percent, we don't see where we have violated any sign program of the city and we would like our sign program to be approved. And, finally, we have provided some examples -- like I said, if that be the case, Idaho Athletic Club, Fred Meyer, who is also over several other businesses not their own, and several other signage throughout Meridian, which are annotated in the photographs I presented to the Council members and the Mayor, we don't feel we have violated any code and we do have approval by the landlord and it was part of a very negotiated part of our lease agreement. Thank you for your time. De Weerd: Council, questions for the applicant? Rountree: I have none. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application, since it is a question I have to ask. Staff, any further questions - or comments, questions? Canning: Yes, ma'am. I believe on the third item, the 18 percent versus the nine percent, this project is subject to the sign plan -- planned sign program for the Cherry Crossings that was submitted by Hawkins company and that's -- because they have free-standing signs as part of theirs, I believe that that's what brings this back to the nine percent versus the 18 percent. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would second Director Canning's comment. I was on the committee that wrote what I think was the original sign ordinance -- or at least a new sign ordinance and, then, also on the committee that incorporated that sign ordinance into the new Unified Development Code and our intent was that if there is afree-standing sign, whether individual tenants advertise on it or not, if the complex has afree-standing sign, then, the total area of the building -- of any face of the building not facing a residence, for all tenant signs, is nine percent. So, in this case, going by the discussion of the people that wrote that ordinance, I believe the director is interpreting that correctly. And also that it applies to all tenants. So, if this tenant takes nine percent of the sign, no • Meridian City Council June 26, 2007 Page 64 of 70 other tenant can advertise on that face, regardless of whether this tenant advertises on the free-standing sign or not. Canning: And, Madam Mayor, I'm looking at the Cheny Crossing Shopping Center sign standards, Item C-6, says total square footage of wall signs not to exceed nine percent of the wall elevation. De Weerd: Okay. Yes, sir. Mendel: Todd Mendel with Primerica. Also it states on the Cheny Crossing sign program that trademark logos are exempt from sign standard heights. We are a trademark logo, international. Also, if you will notice on the -- if that would be the case of nine percent, then, every brocade in that entire mall has exceeded nine percent. Total Women's Fitness -- every single brocade in that mall has one single or sign on it. As part of the Cherry Crossing sign program states that signs will fit within congruence of that mall and there are four brocades -- center brocades in that mall, all four have a single sign on it exceeding nine percent. De Weerd: Thank you, sir. Council, anything further? Zaremba: Yeah. I would ask the question -- I don't know whether it's germane or not, but it would just be for informational purposes. You said that you used this facility -- I'm sorry. I should identify who my question is directed to. Mendel: Yes, sir. Zaremba: You said that you used this facility for training people that have other offices around that are associated with -- Mendel: Yes, sir. We branch additional offices. We have three in Meridian and one more going up in the next 50 days. Zaremba: Is this office also for walk-in customers or -- Mendel: Yes, it is open to the public. That is correct. Zaremba: Oh. Okay. Mendel: If I may comment further? One other commentary on the plan sign commission that I believe Madam Mayor had brought forward as -- if you notice on this Cherry Crossing sign permit D-3, the landlord has specifically only approved two signs on this -- on this complex and that's of our own and Evergreen Chiropractic. That tells me, as well as his information as previously informed in a letter that's also included in this package to the Planning Commission, that the other members of number 110 BIBs Meridian City Council June 26, 2007 Page 65 of 70 • knew there was no signage available, but, however, by rule there is to the left and right of the wall, as well they have front signage on this -- on the free-standing sign, as well as they have it displayed in the parking lot. So, the signage was known to them prior to them moving in and their situation with the landlord and no other approved sign was authorized by him. Thank you. Canning: Madam Mayor? De Weerd: Yes. Canning: With regard to all the other signs being out of compliance with the planned sign program, that is the first thing staff does in reviewing a sign permit is look for the planned sign program and I know that they review those criteria carefully. De Weerd: Okay. Any other information needed from Council? Okay. If nothing further is needed, no other questions, I would entertain a motion to close the Public Hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move we close the Public Hearing on Item 18, AP 07-005. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 18. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, any discussion? Zaremba: Madam Mayor, I would just comment again that this is not what was envisioned when the Unified Development Code was incorporating a sign ordinance into it. I believe the director was correct in denying the permit. De Weerd: Anything further from Council? Bird: I have none. De Weerd: Do I have a motion? Zaremba: Madam Mayor, I move that we deny AP 07-005. C~ Meridian City Council June 26, 2007 Page 66 of 70 Borton: Second. • De Weerd: Okay. I have a motion and a second to -- okay--deny the appeal. Zaremba: Yes. De Weerd: Okay. Zaremba: And uphold the director's decision. De Weerd: Okay. Discussion? Rountree: I have none. Bird: I have none. De Weerd: Mr. Berg, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE NAY. Item 19: Ordinance No. 05-1186 B Amendment to Ordinance No. 05- 1186 and 05-1186A for correction of legal description: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: Item 20: Amended Ordinance No. 07-12928 AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: Item 22: Ordinance No. 07-1322 AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: Item 23: Ordinance No. 07-1323 RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: • Meridian City Council June 26, 2007 Page 67 of 70 • De Weerd: Okay. Item -- Mr. Berg, since Item 21 has been requested to continue -- or to be put to July 10th, do we renumber these or -- Bird: Yeah. Berg: Madam Mayor, I would suggest that we number them according as we approve them, because, then, it keeps them in chronological order and we can research the documents somewhere in the past. De Weerd: Okay. So, ordinance on 22 would be 07-1322? Berg: Correct. De Weerd: Okay. Bird: And 23 would be three. Berg: Yes. We would -- and I guess you would probably have to have a motion to table Item 21, even though you discuss it. In the process we leverage the developer to sign the development agreement before we approve the ordinance. Nary: Encourage? Is that the word you meant, Mr. Berg? Berg: Yes. Yes. Nary: That's what I thought. De Weerd: Okay. I will ask the city clerk to, please, read ordinances on Items 19, 20, 22 and 23 by title only. Berg: Thank you, Madam Mayor, Members of the Council. Item 19 is Ordinance 07- 1186-B, an amended ordinance revising the legal description and map for annexation of property located in the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2, R-4, R-15 and L-O 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. Meridian City Council June 26, 2007 Page 68 of 70 • Berg: Item No. 20, Ordinance 07-1292-B, an amended ordinance revising the map for annexation of property being a portion of the west one half of the southwest one quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to I-L and 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. Berg: Ordinance -- or Item No. 22, Ordinance 07-1322, an ordinance for annexation of a parcel of land described in a warranty deed instrument 100079761, together with a portion of North Meridian Road right of way located in a portion of Lot 7 in Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1 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. Berg: Item 23, Ordinance 07-1323, an ordinance finding that Matthew Hartz, the owner of certain real property has made a request for rezone of the zoning classification for real property being a parcel of land described in the warranty deed instrument number 97099506, together with a portion of the North Meridian Road right of way, located in a portion of Lot 6 of J.A. Post Subdivision in Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and temtories situated in Ada County, Idaho, within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from L-O to C-C 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. ®e Weerd: Thank you. I'm sure all of you were really listening to the reading of those ordinances. Is there anyone who would like to hear them read in their entirety? Since no one is here, I would ask Council to take a motion or -- Bird: Madam Mayor? Meridian City Council June 26, 2007 Page 69 of 70 De Weerd: Yes. Bird: I move we approve Ordinances 07-1186-B, 07-1292-B, 07-1322, and 07-1323, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Items 19, 20, 22, 23. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for AhlQUist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: De Weerd: Okay. I guess I would need a motion on Item 21 to continue this ordinance for two weeks. Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: And that's July 10th for the record. Okay. We did have an Executive Session per Idaho State Code 67-2345(1)(f). Do I have a motion? Bird: So moved. Rountree: Second. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 26, 2007 Page 70 of 70 EXECUTIVE SESSION. De Weerd: I would entertain a motion to come out of Executive Session. Borton: So moved. Zaremba: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Borton: So moved. Zaremba: Second. De Weerd: All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:12 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~~ MAYOR T de WEERD 7 / ~7 / d 7 DATE APPROVED ATTESTED: ' WILLIAM G. B \\\\\~~~111111lfrr/rr/i `1a\ao,\o~~ ~ `Bps®®~~~ ~~ w, JR., CI _ LER~ ~ e ~/. q~4 ~~~ //////..,,~ie~lltltl\\\ June 22, 2007 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of June 5, 2s~7 Pre-Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff initials: MateriNs presented of pubec meetings shah become properly of the Cffy of Meddlan. June 22, 2007 MERIDIAN CITY COUNCIL MEETING June 2b, 2007 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of June 5, 2007 City Council Regular Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: cmr ATroRNEY 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 of public meetings shall became property of the CHy o! Meridian. • • June 22, 2007 AZ 07-002 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Hartz Music Shop ITEM NO. 5-C REQUEST Development Agreement -Request for Annexation & Zoning of 0.42 acre from R1 to C-G zones for the property located at 1970 North Meridian Road for Hartz Music Shop -east of N. Meridian Road and north of East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See Attached Development Agreement OTHER: Contacte ~ Date: ~ ~ U~ Phone: ~~~/ 7 ~ Emailed: .~M oo . G .+n Staff Ini ials: Materials presented at public meetings shall become property of the City of Meridian. ~ . • I S1 CITY OF ~ ~ ~ .. C~~~eYl~lcn ~~ ~, IDAHO s ~) h~~~+o 190 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle 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 June 14, 2007 Matthew Hartz Hartz Music Shop, Inc. 1990 North Meridian Road Meridian, ID 83646 Re: Development Agreement -Hartz AAusic Shop AZ 07-002, RZ 07-003 Dear Mr. Hartz, Enclosed please find the original Development Agreement for Hartz Music Shop, 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, W ~` Tara Green Deputy City Clerk enc. CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 F[NANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3,9 BOISE IDAHO 07/06107 10:5<ii AM RECO DEQ~ REQUEST OF ~~I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~ Meridian City 1 ~D7E1'~5'~?7 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Matthew Hartz, Hartz Music Shop, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~"' day of ~e1r1CJ , 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Matthew Hartz, Hartz Music Shop, whose address is 1970 N. Meridian Road, Meridian, Idaho 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 1.4 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-C, Community Business 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 subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 1 OF 11 • • 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 1st day of May, 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. 02-3 82, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 2 OF 11 ~ i 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 Matthew Hartz, Hartz Music Shop, whose address is 1970 N. Meridian Road, 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-C (Community Business District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS 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-2 which are herein specified as follows: Music instruction and retail music sales in the proposed C-C zone on .42 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-002 application. Outdoor dinner show facility for small shows and recitals in the proposed C-Czone on .38 acres, and the pertinentprovisions of the Ciry ofMeridian Comprehensive Plan are applicable to this RZ 07- 002 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 3 OF 11 i 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Properly in accordance with the following special conditions: 1. The subject property shall be zoned C-C, not C-G as requested. 2. Across-access easement shall be provided to the property owner to the south (Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. 3. The hours of operation for the business on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing residences adjacent to the site. 4. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property and the change in use from residential to commercial for the property at 1970 N. Meridian Road. 5. The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval from the Planning & Zoning Commission and Certificate of Zoning Compliance approval from the Planning Department prior to the commencement of the outdoor entertainment facility use for the small shows & recitals discussed in the narrative (and any other CUP required uses proposed on this site in the future). 6. All future development of the subj ect property shall comply with City of Meridian ordinances in effect at the time of development. 7. The detailed site plan submitted with any CUP and/or CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. 8. The applicant shall be responsible for all costs associated with sewer and water service installation. 9. Only the single access point to Meridian Road shown on the conceptual site plan on the northernmost parcel shall be allowed to this site. The existing access to Meridian Road for the southern parcel shall terminate upon CZC/CUP approval of a change or expansion of the existing use. 10. A minimum 25-foot wide landscape buffer will be required and shall be constructed along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. 11. A minimum 25-foot wide landscape buffer shall be constructed adjacent DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 4 OF 11 ~~ J 1, J to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. 12. A 10-foot wide multi-use pathway may be required on this property along the south side of the Five Mile Creek (depending on the Pathways Master Plan). 13. A sidewalk shall be constructed along N. Meridian Road. 14. That any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 15. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any change in use of the site. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners'/Developers' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/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 accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 5 OF 11 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 bar 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 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 Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting parry shall commence to cure the same within such thirty DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 6 OF 11 • i (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as 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 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: CITY: OWNER/DEVELOPER: c/o City Engineer Matthew Hartz City of Meridian Hartz Music Shop DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 7 OF 11 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 1970 N. Meridian Road Meridian, ID 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 FEE5: 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 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. DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 8 OF 11 • 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 Owner/Developerand City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/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 uses andlor 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 zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER Matthew Hartz Hartz Music Shop CITY OF MERIDIAN MAYOR T de WEERD ~~~~GC ~ 1' ~i~j L'sti~r-czli ~-Z6~-07 ATTEST: \a~,,~~,~ ' ~d~P~ >a ®, ~ ~ ~~ ,®I[ `i ~~ ~I'V _ _ ~ 4-'t ci WILLIAM G. BERG, JR. ~ ~ ~.g i~~iy',/ ~~~ a `yi\ SOS DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP) PAGE 10 OF 11 STATE OF IDAHO, ) ss County of Ada, ) On this `~ day of S~tRt_ 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared MATTHEW HARTZ, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .••~ ~ G~'~`• ® i ~ i i ® ~ . ~ e i s s oe ~ 's®~.~~G,~,~®e STATE OF IDAHO ) ss County of Ada ) f~ otary Public for Idaho Residing at: ~,~ ~ p My Commission Expires: ID-11-~ ~ On this 2$+~ day of ~S ~~. 6'lQ~ , 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 Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEALS ~ ~ ® Notary Public for Idaho ;~~o ~ % ~ Residing at: Vd~.e-Q.~,~ ~~oQ ~~9. ~•, 6%$~• Commission expires: ~ p -i S = DEVELOPMENT G~EEMENT AZ 07-002 & RZ 07-003 - HARTZ MUSIC ( SHOP) PAGE 11 OF 11 -- ~~ ^^ Quadrant January 18, 2007 Consulting, Inc. Hartz Property Rezone 1990 North Meridian Road A parcel of land described in Warranty Deed Instrument #97099506 together with a portion of North Meridian Road Right-Of--Way, located in a portion of Lot 6 of J.E. Pfost's Subdivision in Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southwest Corner of said Section 6, thence North 0°01'30" West 1234.28 feet along the West line of said Section 6, thence continuing North 0°01'30" West 90.00 feet to the POINT OF BEGINNING, thence leaving said West line North 88°44'30" East 200.01 feet, thence North 00°01'30" West 85.00 feet, thence South 88°44'30" West 45.35 feet, thence South 00°01'30" East 25.00 feet, thence South 88°44'30" West 10.00 feet, thence North 00°01'30" West 25.00 feet, thence South 88°44'30" West 144.66 feet to said West line of Section 6, thence along said West line South 00°01'30" East 85.00 feet to the POINT OF BEGINNING. Said parcel contains 16,747 square feet or 0.38 acres, more or less. This description was prepared using record information and without the benefit of a survey. REV ~VAL BY ~ ~~,°.~ ~~_~ u, -~ Fees- MERID4AlV PUBLIC WORKS DEPT. 1904 W. Overland • Boise,lD 83705 Phone (208) 342-0091 Fax X208) 342-0092 Email: quadrantC~quadrant.cc Civil Engineering • Surveying Construction Management • ~~ ^^ Quadrant January 18, 2007 Consuitfng, Inc. Hartz Property A~nnexa~-i ~„ 1970 North Meridian Road A parcel of land described in Warranty Deed Instrument #100079761 together with a portion of North Meridian Road Right-Of--Way, located in a portion of Lot 7 in Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southwest Corner of sand Section 6, thence North 0°01'30" West 1234.28 feet along the West line of said Section 6 to the POINT OF BEGINNING, thence leaving said Section line North 89°58'30" East 197.79 feet, thence North 00°01'30" West 94.26 feet, thence South 88°44'30" West 197.84 feet to the Northwest Comer of said Lot 7 in Section 6, thence along said West line of said Section 6 South 00°01'30" East 90.00 feet to the POINT OF BEGINNING. Said parcel contains 18,223 square feet or 0.42 acres, more or less. This description was prepared using record information and without the benefit of a survey. i?>' vA~ Ravi aY ~~~` ~ NjORK D~PT1G 1904 W. Overland • Boise, tD 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrantC~quadrant.cc Civil Engineering • Surveying Construction Management I 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER .~ f'•rlll t1F • .. ,~ti ~17~1C€~1 inu~r~ ~' Xn the Matter of the Request for Annexation & Zoning of 0.42 of an Acre from R1 (Ada County) to C-C and Rezone of 0.38 of an acre from L-O to C-C, by Hartz Music Shop. Case No(s). AZ-07-002 & RZ'07-003 For the City Council Hearing Date of: Aprll 17, 2007 (Findings on the May 1, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri117, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 17, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 17, 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 aU 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). Az-07-002 & RZ-07-003 i 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 provisions of the Development Agreement stated in the attached Staff Report for the herrin$ date of April 17, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning as evidenced by having submitted the legal description and exhibit map stamped and dated January 18, 2007 by Peter Lounsbury, PLS, is hereby conditionally approved; and, 2. The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated January 18, 2007 by Peter Lounsbury, PLS, is hereby conditionally approved; and, 3. The properties described in the Annexation c4c Zoning and the Rezone legal description shall be zoned C-C as recommended by Staff and approved by the City Council. 4. A Development Agreement is required with approval of the subject annexation & zoning and rezone applications and shall include the provisions noted in the attached Staff Report for the hearing date of Apri117, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of April 17, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDBR CASE NO(S). AZ-07-002 & RZ-07-003 By action of the City Council 2007. • at its regular meeting held on the ( ~ day of COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~~~~~ VOTED_„~~f~"' VOTED__G~ VOTED_~ C~~. TIE BREAKER ,~--~ MAYOR TAMMY de WEERD VOTED MAYOR T.~~ de vvEERD ATTEST: '~~' c ~ ~ r ~: ~~ _ ~~~+ _ WILLIAM G. BERG, JR., C ERK -r t~,~ ~~~ ~~-, 90 "fir y~~ • o~, ~~ Copy served upon: hP ,,,, ~ Tanning Department """ ~"~~, +++ / Public Works Department City Attorney By Ity clerk's office 5.3-6 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-002 & RZ-0?-003 Dated: • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OP APRIL 17, 2007 STAFF REPORT HEARING DATE: Apri117, 200? TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Hartz Music Shop • A7r07-002 }' rxrv rx~ v~XiA~1~?' ' ~' iv~wo .~~ Annexation and Zoning of 0.42 of an acre from Rl (Ada County) to C-~ C-C (Community Business Distrlet] for the property located at 1970 N. Meridian Road • R7~117-003 Rezone of 0.38 of an acre from L-O to 6-~ ~ for the property located at 1990 N. Meridian Road 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hartz Music Shop, has requested Annexation anal Zoning (AZ) approval of 0.42 of an acre from Rl (Ada County) to C-G (General Retail and Service Commercial) for the property located at 1970 N. Meridian Road. Additionally, the applicant is requesting Rezone (RZ) approval of 0.38 of an acre from L-O (Limited Office) to C-G (General Retail and Service Commercial) for the property located at 1990 N. Meridian Road. The subject properties are directly adjacent to each other and are located approximately mile north of Fairview Avenue on the east side of N. Meridian Road, in the southwest % of Section 6, Township 3 north, Range 1 west. The subject properties are within. the City's Area of Impact and the Urban Service Planning Area. The applicant has been serving Meridian and the surrounding azea as a music instruction and retail music sales operation at their current location since 1998. They would like to continue the current use along with incorporating an outdoor dinner show facility for small shows and recitals in the future. To do this, the property must be zoned in the City accordingly. Professional services (music instruction) and retail sates are permitted uses in the requested C-G, and staff recommended C-C zones. Entertainment facilities with an outdoor stage or music venue for small shows and recitals require Conditional Use Permit approval in the C-C and C-G zones. The applicant is not currently requesting CUP approval for the outdoor stage or music venue on this site. 2. SUNIlVIARY RECOMMENDATION The subject AZ & RZ applications were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis, comments, and recommended actions for the subject applications. By City Ordinance, the Planning & Zoning Commission is required to make a recommendation to the City Council on both the AZ and RZ applications. Any continents from the Commission related to the subject applications will be included in the Commission's recommendation to the Council. Staff is recommending approval of the subject AZ & RZ applications to the C-C zone for Hartz Music Shop, as presented in the staff report for the hearing date of March 15, 2007, 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. Hartz Music Shop - AZ-07-002 & RZ -07-Q03 Page 1 L J CITY OF MERIDIAN PLANMNG Ty1rPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 The Met'idian Planning and Zoning Commission heard these itemss) on March 1, 2007 and March 15 2007. At the Drrblic hearing om March 15, 2007, the Commission voted to recommend aDDroval. a. Summary of Commission Public Hearing: i. ID favor: Matthew Hartz. OwnerlADDlicant ii. In oDDOSition: None iii. Commenting• None iv. Written testimony; None v. Staff Dreseming aDDlication: Sonya Watt rs vi. Other star commenting on aDDlication: None b. Kev Issues of Discussion by Commission: i. Hours of operation for fatare outdoor entertainment facility/st$ e G Kev Commission Changes to Staff Recommendation: ~ None d. Outstanding Issue(s) for City Council: i. Annexation & Rezone to the C-C z~ng~instead of the C-G zone as rearrested, Der the staff reDOrt 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-002 & RZ-07-003, to zone the properties to C-C, as presented in the staff report for the hearing date of April 17, 2007, with the following modifications: (add amy proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 002 & 1tZ-07-003, as presented in the staff report for the hearing date of April 17, 2007, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 07-002 & RZ-07-003, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Flartz Music Shop - AZ-07-002 & RZ -07-003 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1970 & 1990 N. Meridian Road (Parcel No.'s: S1106336012 & 87039001060) Generally located '/a mile north of Fairview Avenue, on the east side of N. Meridian Road, in the SW '/a of Section 6, Township 3 North, Range 1 East. b. Property Owner of Record: Matthew Hartz 1970 N. Meridlan Road Meridian, ID 83642 c. Applicant: Hartz Music Shop, Tnc. 1990 N. Meridian Road Meridian, ID 83642 d. Representative: Matthew Hartz, Hartz Music Shop e. Present Zoning: Rl (Ada County) -1970 N. Meridian. Road L-O (Limited Office) -1990 N. Meridian Road f. Present Comprehensive Plan Designation: Commercial (both properties) g. Description of Applicant's Request: The applicant is Fequesting approval to annex and zone 0.42 of an acre from Rl to C-G for the properly located at 1970 N. Meridian Road Additionally, the application is requesting approval to rezone 0.38 of an acre from L-0 to C- Gforthe property located at 1990 N. Meridian Road. h. Applicant's Statement/Justification (see Applicant's application and letter): "Since 1998, Hartz Music Shop has been at its current location serving Meridian and the surrounding areas as a music instruction and music retail sales operation. The proposed use includes a continuance of these services and the integration of an outdoor dinner show facility for small shows and recitals. Both properties conform to the City of Meridian's Comprehensive Plan and the project has been discussed with City plamiers ,° 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. 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 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: February 12, 2007, and February 26, 2007 (Commission); March 26.2007 and A+nr119.200 (Gifu Conncill d. Radius notices mailed to properties within 300 feet on: February 2, 2007 (Commission); Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 3 • CTl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC IiEARiNG DATE OF~APR1I.17, 2007 March 23.2007 (Gifu Council) e. Applicant posted notice on site by: March 2, 2007 (Commission); AArll 9. 2007 (Gifu Council) 6. LAND USE a. Existing Land Use(s): Residential property with an existing house, zoned Rl -1970 N. Meridian Road Hartz Music Shop, zoned L-0 -1990 N. Meridian Road b. Description of Character of Surrounding Area: This area along the east side of N. Meridian Road, north of Fairview Avenue, is transitioning from residential to commercial property. c. Adjacent Land iJse and Zoning: 1. North: Residential apartments (James Court), zoned R-15 2. East: Residential apartments (James Court), zoned R-15 and single-family residences, zoned R-8 3. South: Vacant, undeveloped land, zoned Rl (Ada County) -currently requesting annexation and zoning into the City with a C-C zone for a future o$'ice building (Hoyd) 4. West: Offices, xoned L-O and residential property with a pasture, zoned RUT (Ada County) d. History of l'reviaus Actions: The property at 1990 N. Meridian Road was annexed into the City and zoned L-O in 1999. A Development Agreement (Instrument No. 99072887) was entered into at that time between the owner of the property and the City of Meridian that prohibited residential use of the property and prohibited the building to be used exclusively for retail uses. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer. There is a City of Meridian sewer main in Meridian Road. Location of water. There is currently a water main in Meridian Road, Issues or concerns: Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Deparhnent prior to commencement of the work 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. The applicant shouted coordinate a plan with the City Arborist, Elroy Huff. 3. Floodplain: The eastern portion of the property located at 1990 N. Meridian Road, along the Five Mile Creek, is located within flood zones XS and AE but is not within the floodway. The eastern portion of the property located at 1970 N. Meridian Road is also within flood zone XS and AE, outside of the floodway, but a very small sliver of the property along the eastern boundary is within the floodway. 4. Canals/Ditches Irrigation: The Five Mile Creek lies adjacent to the site on the east Bartz Music Shop -- AZ07-002 & RZ -07-003 Page 4 ! ~ CITY OF MERIDIAN I'LANNINa DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 200'7 boundary. 5. Hazards: None 6. Proposed Zoning: C-G (General Retail & Service Commercial) 7. Size of Property: 0.42 of an acre -1970 N. Meridian Road 0.38 of an acre-1990 N. Meridian Road f. Summary of Proposed Streets and/or Access: The concept plan submitted with this application shows two access points to N. Meridian Road. Staff is recommending that only one access point to N. Meridian Road be allowed once the existing residence is converted to commeroial use via CUP/CZC approval. At that time, the applicant states that sole access to the site will be provided from the existing driveway on the northern parcel. The existing driveway on the southern parcel where the existing house is should terminate upon CUP/CZC approval. Cross-access will be provided with the property to the south owned by Kendall Hoyd via a driveway at the south boundary of the site. Staff is supportive of the proposed cross-access with the parcel to the south and the single access point to N. Meridian Road as discussed. Although they have not provided specific comments on the subject AZ & RZ applications, ACRD generally restricts direct access to arterial streets and encourages combined access points. ACHD has provided general comments in Exhibit B that may be applicable upon future development of the property. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25-foot wide landscape street buffer will be required. adjacent to N. Meridian Road, an arterial roadway when this property develops in the future. 2. Width of buffer(s) between land uses: Per City Code (LJDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G and C-C caned property and residential uses. Currently, there are residential uses to the north and east of this site. A 25-foot wide buffer will be required adjacent to residential uses when this property develops in the future. 7. CONIlVIF.NTS MEETING On February 9, 2007, a joint agency and deparime~s meeting,was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. All of the received comments are "standard" and have been included within this report. Once a development plan(s) is submittal, the applicant should be required to comply with the specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". The Comprehensive Plan defines the Commercial district as: "This designation will provide 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 Hartz Music Shop - AZ-07-002 & RZ -0?-003 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATR OF APRIL l7, 2007 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 site. However, staff recommends that this property be zoned C-C, which is also consistent with the Comprehensive Plan (see Section 10, AZ Analysis below for more detail). Staff finds the following Goals, Obj actives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis i s in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. ZPlaen the City established its Area of City Impact, it planned to provide City services to the subject property. The property at 199D N. Meridian Road (the northern parcel) is already within the corporate boundaries of the City. The City of Meridian plans to provide municipal services to the lands proposed to be annexed (the southern parcel) 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 Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fare Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdictian of the Ada County Sfaeriff "s Office. Once annexed the lands will be serviced by the Meridian Police Department (1l~'D). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACH17). 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 cu~rentdy serviced by the Meridian Library District. This service will not change and the Meridian Library District shaudd suffer no revenue loss as a result of the subject annexation. • Chapter 'VIII Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual development plan, the applicant is proposing one access paint to N. Meridian Road an arterial street. A driveway stub to the parcel to the south is also proposed for future cross-access out to Carmel Drive. Cross-access should be provided to the Hoyd property to the south with this application. The property owner to the south, Kendall Hoyd, is currently seeking approval for this parcel to be atmexed into the city and is providing a driveway to the north to the Hartz parcel for cross-access. City and ACFID staff' are supportive of restricting access points on arterial streets. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriaze landscape and buffers along transportation eoxridors (setback, vegetation, low walls, berms, etc.): ' North Meridian Road is designated as an arterial street. By City Ordinance, a 2S foot wide landscape bt~er is required adjacent to Meridian Road. This landscape buffer wild be required by the City with future Conditional Use Permit (CLIP) and/or Certificate of Zoning Compliance (CZC) approval. Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 6 CITY OF MERIDIAN PI.ANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRII.,17, 2007 • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The applicant is not specifically proposing to install any landscaping with the subject annexation and rezone applications. However, in order to obtain approval for a future expansion of the business, the applicant will be required to install internal and perimeter landscaping. • Chapter N, Goal I, Objective A, Action 6 - "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." The subject annexation parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residemial properties from incompatible land use development on adjacent parcels. lath future expansion of the existing business, the applicant will be required to construct a 2S foot wide landscape buffer on the perimeter boundaries of the site that abut residential uses to protect and buffer adjacent residential properties. Staff is also requesting that a Development Agreement be entered into between the City and the owner of the property that will restrict hours of operation of the existing and future business to between 6 am and 10 pm to alleviate noise disturbances to the residential neighbors. • Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The subject property lies along the Five Mile Creep which is designated on the Comprehensive Plan Future Land Use Map to have a 10 foot wide multi-use pathway alongside it. Because the residential properties on the east side of the creek are already developed, the pathway will most likely be required by the City on the west side of the creek with CUP/CZC approval on this site. This pathway would promote neighborhood connectivity in. the future as part of the community pathway system. • Chapter VII, Goa11, Objective B - "Plan for a variety of commercial aad retail opportunities within the Impact Area." Staff believes that a commercial zone, which allows retail sales and professional services and conditionally allows outdoor entertainment facilities with a stage and music venue, will contribute to the variety of uses in this area which include: a music shop, offices, multi family homes, and a grocery store, if a future CUP for an entertainment facility with an outdoor stage or music venue is approved.. Stafffinds that the C-C zone is harmonious with arad in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on stajj"s analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for commercial uses. 9. UNIFIED DEVEI,,OPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G and C-C zoning districts. Professional services Hintz Music Shop - AZ-07-002 & RZ -07-003 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPQRT FOR THE HEARING DATE OF APRIL 17, 2007 (music instruction) and retail sales are permitted uses in the C-G and GC zones. Entertainment facilities with an outdoor stage or music venue for smald shows and recitals require CUP approval in the GC and C-G zones. 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Approval of the subject affiexation application would allow the applicant to obtain a commercial zone which would allow for the expansion of Hartz Music Shop, currently operating on the pazcel to the north The applicant is requesting to annex the property with a C-G zoning district. Staff believes that because the Hoyd property to the south is in the process of annexing and obtaining a C-C none and because the properties further to the south to Cherry Lane are currently zoned C-C that this property should also be zoned C-C for consistency. This is especially important because the two parcels will be providing cross-access to each other and the intensity of the use should be substantially the same. The C-C zone is also a less intense commercial designation than C-G, which would be mare harmonious with the surrounding residential uses. Both the C-C and C-G zones comply with the Comprehensive Plan Future Land Use Map designation of commercial for this property. Further, both zones allow for music instruction, retail sales, and indoor entertainment facilities as principal permitted uses and entertainment facilities with an outdoor stage or music venue with conditional use approval. Staff is recommending tbat the property be zoned C-C instead of C-G for the aforementatoned reasons. The annexation legal description submitted with the application (stamped on January 18, 2007 by Peter W. Lounsbury, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. lZZ Application: Approval of the subject rezone application from L-O to the C-C or C-G would allow for retail sales and the operation of an outdoor entertainment facility for a stage or music venue, if a future CUP is approved. Staff is recommending that the property be rezoned to C-C instead of C-G for the reasons stated above in the AZ analysis. The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Concept Plan: The applicant has submitted a concept plan. for this site. The concept plan shows two buildings, which are between Meridian Road and the parking on the east side of the site. Staff is generally supportive of the submittal conceptual site plan for this property. However, a scale is not shown on the plan making it impossible for staff to determine if the site complies with the dimensional standards of the UDC. All pazking stalls, drive aisles, landscaping, buffers, sidewalks, lighting, signage, building height anal building setbacks for Hart-i Music Shop - AZ-07-002 & RZ -07-003 Page 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code. E~dsdng Stractares and Uses: There is currently a home and a music store on the property. Upon annexation and zoning of the southern property, the existing residence will become a legal non-conforming use. The applicant, Commission, and Council should be awaze that no alterations, expansions, reconstructions or other enlargements to the structure will be permitted except through a CZC and except where the use of the structure changes to a use permitted in the C-C zone. The applicant has submitted photos of the existing structures on the site (attached in Exhibit A of this staff report). The applicant intends to keep the existing structures on the site and use them as part of the Hartz Music Shop business. A tent area is shown on the conceptual site plan between the two buildings to be used for small outdoor shows and recitals. The applicant states that in the future, this area may be enclosed for indoor shows. As noted in the staff report above, outdoor arts/entertainment facilities (stages and/or music venues) require CUP approval in the C-C/C-G zones. Indoor artsleutertainment facilities are principally permitted in the C-C/C-G zone. Access: The concept plan submitted with this application shows two access points to N. Meridian Road. Staff is recommending that only one access point to N. Meridian Road be allowed once the existing residence is converted to commercial use via CLIP/CZC approval. At that time, the applicant states that sole access to the site will be provided from the existing driveway on the northern parcel. The existing driveway on the southern parcel where the existing house is should terminate upon CUP/CZC approval. Cross-access will be provided with the property to the south owned by Kendall Hoyd via a driveway at the south boundary of the site. Staff is supportive of the proposed cross-access with the parcel to the south and the single access point to N. Meridian Road as discussed. Although they have not provided specific comments on the subject AZ & RZ applications, ACHD generally restricts direct access to arterial streets and encourages combined access points. ACLID has provided general comments in Exhibit B that may be applicable upon future development of the property. A copy of the recorded cross-access easement/agreement with the property owner directly south of the site shall be submitted to Planning staff prior to CZC issuance. Hours of Operation: The applicant has stated that the hours of operation for this business will not extend past 10 pm. Staff is recommending as part of the Development Agreement that the hours of operation for the business on the site be limited to the hours between 6:00 am and 10:00 pm because of the existing residential uses north and east of the site. Landscaping: Meridian Road is classified as an arterial roadway; a 25-foot wide landscape buffer is currently required adjacent to arterial roadways. There are existing residential uses to the east and north of the site; a 25-foot wide landscape buffer is required between C-G/C-C zoned property and residential uses (UDC Table 11-2B-3). All landscape buffers will be required by the City with future CUP/CZC approval and shall be installed prior tv issuance of Certificate of Occupancy. Flood plain: The eastern portion of the property located at 1990 N. Meridian Road, along the Five Mile Creek, is located within flood zones XS and AE but is not within the floodway. The eastern portion of the property located at 1970 N. Meridian Road is also within flood zone XS and AE, outside of the floodway, but a very small sliver of the property along the eastern Hartz Music Shop - AZ-U7-U02 & RZ -07-003 Page 9 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-TEARING DATE OF APRIL 17, 2007 boundary is within the floodway. An elevation certification far future buildings will not be necessary in this instance because only about 4 feet of the property at the widest point, lies within. the floodway, which is within the required landscape buffer azea. Parking: For commercial uses, parking stalls are currently required at the rate of one space per 500 s.f. of gross floor area (UDC 11-3C-6B). Pazking on the site will be reviewed for compliance with UDC standards at the time of CUP/CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC 11-3B-8C. Conditional Use Permit (CUP): The applicant shall be responsible to obtain CUP approval from the Planning & Zoning Commission prior to the commencement of any outdoor entertainment facility use for the small shows & recitals discussed in the narrative. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction on the site, expansion of the existing u~, and/or the change in use from residential to commercial for the property at 1970 N. Meridian Road. 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 fixture uses. Dae to the proposed use and proposed cross-access, staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consisted 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 part of the annexation and rezone of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 moths of Council approval to initiate this process. The DA shall include, at a minimum, the following: • The subject property shall be zoned C-C, not C-G as requested. • Across-access easement shall be provided to the property owner to the south (Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. • The hours of operation for the business on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property and the change in use from residential to commercial for the property at 19'70 N. Meridian Road. • The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval from the Planning & Zoning Commission and Certificate of Zoning Compliance approval from the Planning Deparhnent prior to the commencement of the outdoor entertainment facility use for the small shows & recitals discussed in the narrative Hartz Music Shop - AZ-07-002 & RZ -07-003 Page 10 CITY OF M1;RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 (and any other CUP required uses proposed on this site in the future). • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The detailed site plan submitted with any CUP and/or CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. • The applicant shall be responsible for all costs associated with sewer and water service installation. • Only the single access point to Meridian Road shown on the conceptual site plan on the northernmost parcel shall be allowed to this site. The existing access to Meridian Road for the southern parcel shall terminate upon CZC/CUP approval of a change or expansion of the existing use. • A minimum 25-foot wide landscape buffer will be required and sha11 be constructed along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum 25-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. • A 10-foot wide multi-use pathway may be required on this property along the south side of the Five Mile Creek (depending on the Pathways Master Plan). • A sidewalk shall be constructed along N. Meridian Road. • That any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any change in use of the site. b. Staff Recommendation: Staff is recommending approval of the subject AZ & RZ applications to the C-C zone, not C-G as requested, for Hartz Music Shop, as presented in the staff report for the hearing date of March 15, 2407. This recommendation is 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. The Meridian Planning and 7,oning Commission heard these item~sl on March 1.2007 and March 15, 2007. At the public hearhu! on March 15 2007, t e Commission voted to recommend approval e the c„hiorF A7 and R7. rnlrmest to the ~'-C zOllg 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Site Plan 3. Photos of existing structures on the site B. Agency Comments 1. Planning Department 2. Fire Department Hartz Music Shop - A2;-07-002 & R~ -07-003 Page 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR'THE HEARING DATE OF APRiL 17, 2007 3. Police Department 4. Parks Department S. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Ham Music Shop - AZ-07-002 & RZ -07-003 Page 12 CITY OF MERIDIAN PL.AIVNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007 Ezhibit A 1. Vicinity Mai a R Exhibit A • L J CITY OF MERIDIAN PI,ANMNG DEPARTMhT1T STAE1+ REPORT FOR THE HEARINO DATE OF APRIL 17, 2007 2. Conceptual Site Plan I Approved access Y ,~' I ~r~- ~ ~ .. ~, I ~I i ~ ~( ~~ { ~ ~~ l ~~ ,` '~ a~ N bl'~'J' Q~ ! INT.7~' ~ ~ t i' I 1 ~; I ~I ! ~ ~ ~~I. I ~ ~ ~~ I ~~ ~ f j .. ~ } i ~~I ~~.. ~' ~~ ~I Exhibit A ~ o C1TY OF MERIDIAN PI.ANNIT~TG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APR1I.17, 2007 3. Photos of existing structures on the site 1990 N. Meridian Road 1970 N. Meridian Road Exhibit A • CITY OF MERIDIAN PI,ANNINCi DEPARTMENT STAFF REPpRT FOR THE HEARING DATE OF APRIL 17, 2007 Exhibit S Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (stamped on January 18, 2007, by Peter W. Lounsbury, PLS) shows the properiy adjacent to the existing corporate boundary of the City of Meridian. 1.2 The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.3 Prior to the annexation and rezone ordinance approvals, a Development Agreement shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, 1i~71 Nary, at $88-4433 within 6 months of Connc>7 approval to inidate this process. The DA shall include, at rnin~; the following: • The subject property shall be zoned C-C, not C-G as requested • Acrass-access easement shall be provided to the property owner to the south (Kendall Boyd). Prior to issuance of a Certificate of Zoning Compliance on this site, submit a recorded copy of said cross-access easement to the Planning Department. • The hours of operation for the business on the site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing residences adjacent to the site. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property and the change in use from residential to commercial for the property at 1970 N. Meridian Road. • The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval from the Planning & Zoning Commission and Certificate of Zoning Compliance approval from the Planning Department prior to the commencement of the outdoor entertainment facility use for the small shows 8c recitals discussed in the narrative (and any other CUP required uses proposed on this site in the future). • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The detailed site plan submitted with any CUP and/or CZC application on this site shall substantially comply with the conceptual site plan submitted to the City as shown in Exhibit A of the Staff Report. The applicant shall. be responsible for all costs associated with sewer and water service installation. • Only the single access point to Meridian Road shown on the conceptual site plan on the northernmost parcel shall be allowed to this site. The existing access to Meridian Road for the southern parcel shall terminate upon CZC/CUP approval of a change in use or expansion of the existing use. • A minimum 25-foot wide landscape buffer will be required and shall be constructed along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. • A minimum ZS-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC 11-3B-9, when a CUP and/or CZC is reviewed and approved in the future. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIC HEARTNG DATE OF APR1L 17, 2007 • A 10-foot wide multi-use pathway may be required on this property along the south side of the Five Mile Creek (depending on the Pathways Master Plan). • A sidewalk shall be constructed along N. Meridian Road. • That any work or improvement within the floodway or floodplain on this pro~rty shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. • The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any change in use of the site. A copy of the concept plan attached in Exhibit A of this stafJ'report should be included as an Exhibit in the DA. 2. FIRE DEPARTMENT 2.1 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Aturn-around shall be provided at the north end of property that meets the requirements of the Fire Department. 2.Z Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. AU roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 2.3 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. Show location of ALL fire hydrants within 500 feet of the property on the CUP application site plan. 2.4 Where a portion of the facility or building hereafter constructed or moved unto 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. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. PARKS DEPA,RTM~NT 4.1 A 10-foot wide multi-use pathway may be required along the west side of Five Mile Creek with development of this property (depending on the Pathways Master Plan).. 5. ADA COUNTY HIGHR'AY DISTRICT 5.1 District policy requires 96-feet of right-of-way on arterial roadways (Figare 72 F1B). This right of-way allows far the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 5.2 District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRII.17, 2Q07 5.3 District policy 7207.8 states that direct access to arterials and collectors is normally restricted, The developer shall try to use combined access points. If the developer can show that the use of a combined access poitrt to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. 5.4 Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its 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. 5.5 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb- cut type facilities if located oa local streets. Curb return type driveways with 15-foot radu will be required for driveways accessing collator and arterial roadways. 5.6 It is recommended that the applicant and/or representative schedule apre-application meeting with District Staffprior to design and submittal of a formal development plan. Exlu"bit B • CITY OF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE H>rARING DATE OF APRTTr 17, 2007 E~chibit C Legal Description & Exhibit Map for the property at 1970 N. Meridian Road (C-C zoning) Q~ Auadrexlt j~,18~~ onsutti~p, ti+C. 8nritr Propsrty 1~ ~4n.~eir~ttCr+ I4fi l~anY Meru Itnttd A 1~1.o[lendde6cdh~td in Vi4trremty good laetrttntera g100D79'761 m~atlterwith apmiion~of Notfb Maidim Road Rig~t-01=Wsy, loaeed in apu~tioa oi'Lat 7 in Scedoa G~ Torvps~iP 3 Notch, Reoge 1 P,aet, Boiso Meeidien, Ada County. Idtsfio belag sots pNwlarly doaanh6ed as Pollow~ Cotttmaoeetg 6t the SOtuberelt CorAraC ofatid Seaton 6. tllsnee Noxtb 0°4l'30" Was 1234.28 fed along the Walt fiae of eeid 5eetiou 6 to tlae POINT OP BP.4yIINIVil11C. theme kaving said Section lino Noetb 89'58'90" Seat 197.79 feet, t6eoae NWeth tlopal'30r' weer 94.26 teat; thoaae SaWb 88°44'30'' Weal 197.St ~ to tUo 1Vortltwat Corner of said I,at 7 !n Suction 8. theoco along and weer 15ne oil Seadot- ~ semth ov~ol •30" itleet 90A0 Qem to the 1-OIMr OP~~~lNpthc. Srid P'~l coateipm 18.223 square Beet or 0.42 saes, alma a lase, '~ ~ P~ using record laTpsitlalion and witlbtU the bmeBd of s ewvry. erPo~~~,L iAN ~~"' IROeW.Ove+femtf • ee~e.m69709 • wieneisdBtyr1~0041 • fa.Gael • Eaio7rauoQn~a~Dqucxuon~.ce CNeHeyiroa~sp • SWeWy • CatetrueeogMOnapemeet Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 200'7 ~~ ^~ ~4+dTCIFft Consult rig, inc 1970 N. AtERIDlAN RbAD HARTZ PROPERTY REZONE ,~x x ;~I~ ~I ~v ` to ~ I ~ r.__ ... ._ _. ..~ C.. i L N A Cd7ApN5G 5C'A1,8 "9 fiQ .{ rN F,F~r ~ inch .. 9G Y~. POINT OF tQ 1 z N ~.p ~I~ 1 B 1~ 7 ,s""~ t904W. • BCitr. ~d9703 • Phorls {2Q613~2-0Q4.1 • Paz tZDB) 312-004$ • f--Ka1. At~Od-pnt~paodrCflt.CE ~ • ~ • C9~r~CNOrlAApggen90nt Exhibit C ~ 199fl N vE~oa•~'. ~wA7 I ( R;~:139t10tC6C~ CITY OF MERIDIAN PLANNING DEPARTA3ENT STAFF REPORT FOR THE .HEARING DATE OF APRIL 17, 2007 Legal Description & Exhibit Map for the property at 1990 N. Meridian Raad (C-C zoning) January 1$,2007 1 forth tNe:idhm ~adrant CtartSulling, inc, A paicet of Imal deacribod is wstrsnty Dead ittsauateat il47t199506 tngelber wiat a portion of t4arlb Mtr~t Road Right-0d~wey, tasted in a pottioq of Lot 6 ofJE let's Subdlvisi~ in LN.t' 6 od'Rectiao 6,1'ovu~hfp 3 ~. ~ 1 !*aet, Boise Meridian, Ada Comity, ldabo ~ more psWwisrbr desotiited ss foflorva: C.ammmac~g,at the Seatth~t Coma ofaeid 5aetlon ti. Ihp~e North 0°01 ~tY` west 1734.28 ~ slon8 dte Wiest lino ofsald SaotFo~t b, axrtoe aaat~uigg Ptoeth 0°01'30" wog g0.fl0 ~ to the ti'tlllV7' OF HBG3II1rg11TC, awtoe leavhyg said Wass liar No~ttb 86°44'30" Bead 200.01 filet„ thenrx Notat 00°01'30"'west 85.00 feel. thatce South 88°44'30" West 43.35 feet, thaoce 9aeth O0°Ol `30" 1?as<25.00 ~ ata~r Somh 88°44'30" weld ! 000 feet, Wance Nora, ao~oi'~a„ weer uaa feat, ate Sorest $8°'44'30" Wert 144.66 Wet w said weal Ime of Saxton 0. thenoa atom said West 8na Soattt 00°Ot'30" Emt 63.00 tbet to then !'dIMP OP BBCIt~il~1'1VCi. Said parcel 1ti,747 sgeesae Wet ar 0.38 acres, mare or lees. ~+ ~ ~ l ~ r~aoend ~Oramtion and witFioett the 681 of a wuvey. BY ~YY04~S Dfi~ 190~w. C~eKeeer! • aotre.0837a3 ~ P~ 109} 9~-044i • Koo, (20ad~3+800~2 •' &rneltquo~0lnpNe~aubdranl.Et ~ • Con~wc-bnAAanupenront Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF' REPORT FOR THE HEARING DATE OF APRIL 17, 2007 quadrant C~nsultirig.lnC. PgMl7 OF B~r011~+iWG ~~~ ~~~ ~~M 0~ ' nQ ~i~ i~ ~ ~ is .~ ~~ N I `~ ~ r3 a {~ 1 B 12 7 1990 N. MERMAN ROAD NARTZ PiIOPERTY REZONE N88 44'34"E 144.66' N86'44'30`E 45.35' i ~..... t97tI ~ MER~O AN Rf3A0 sl~~~~,~~o~z z a 0 d f++ N G ~7~t~~i~C SC~c 4 5t?. { w FE6Y; jnc~ = StJ tt. NE Ii0VA1. ~. .._ Ht y .~., LINE rABt.E ~ w... ,UNE BEARING i,EpEOTN L~ 'Ci'30"E 25.Q0 ,L2 S .4,1. .W Q.U(1 l3 N 4.Ot' 25.Oa ~ ~ YC515~ ~ 190 W, p~q • 8oir~ ~ 831ps • PNp1rs (~81341~Q091 • 'Fmc IZ'~ 32-009'2 • EmOOC ~glxyGrpri#~eatVOnI,CC pa'~r~roe-~erhg • 3urveyktq • +ctlarsernen~ r: C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Oi? APRII.17, 2Q{17 Exhibit D Requlred Findings from Unified Development Code Annexation and Zoning & Rezone Findings: Upon recommendation from the Commisslon, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following Endings: 1. The map amendme~ eomplies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to zone the subject properties to C-G. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan, if the property is zoned to GC. Please see Comprehensive Plan Policies and. Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the existing music instruction and associated retail sales, along with the future outdoor dinner show facility for small show and recitals would be a conditional use within the C-C zone. The Commission and Council believe that the existing and proposed use will continue to provide much needed services and entertainment options for the cozumunity. As mentioned previously, the applicant has submitted a conceptual development plan for this site. A detailed plan will be required with the Conditional Use Permit (CUP) and/or Certificate of Zoning Compliance (CZC) application. The Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C zone. 3. The map amendment shall not be materially detrimental to.the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare, if the property is zoned to C-C, not C-G. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not Limited to, school districts; and, The Council finds tb~at 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. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). 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 funds. In accordance with the findings listed above, the Coundl Ends that Annexation and Zoning and Rezoning of this properly to C-C, and not the requested C-G, world be in the best interest of the City, if the applicant enters into Development Agreement (DA) with the City, as mentioned in Section 10 and regaired in Exhibit B of the Staff Report. Exhibit D June 22, 2007 AZ 06-065 MERIDIAN CITY COUNCIL MEETING June 26, 2~7 APPLICANT Ahiquist Development, LLC ITFJvI NO. 5-D REQUEST Developmen# Agreement- Annexation and Zoning of 22.30 acres from R 1 to a C-G zone far Ahiquist Annexation -SEC of Eagle Road and Franklin Raod AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: See Attached Development Agreement 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. June 22, 2~7 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT ITEM NO. S-E __ ~_.~.. REQUEST Approve Beer & Wine License transfer from Harks Comer, Inc. to Jacksons Food Stores, Inc. for Jacksons Food Stores #118 at 1651 W. Franklin Road: AGENCY CITY CLERIC: 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: fNTERMOUNTAIN GAS: COMMENTS See Attached Approvals MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: AAaterials presented at public meetings shaft become property of the City of Meridian. June 22, 2007 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Public Works Department ITEM NO. 5-F REQUEST Approve Change Order No. 4 for the Wastewater Treatment Plant Expansion Project with JC Constructors, Inc., for $157,019.41: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Memo /Change Order CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: / cJ 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 properly of the Clly of Meridian. Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer ~~CEID SUN ~ ~ ~0~7 +1/ity Of l~er%dia~ City Clerk Office Date: 06/20/2007 Re: Proposed Agenda Item for June 26, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 26 City Council agenda, under consent agenda, for Council's consideration: Chancae Order No. 4 for the Wastewater Treatment Plant F~cpansion Project. Additional work is required for to retrofit the existing tertiary filter with the prepurchased Aquadiamond cloth media filter equipment. This change order consists of the following work, which is 1.88% of the original contract amount for the project. This makes the total changes from Change Order No. 1, 2, 3, and 4 equal to 6.7% of the original contract amount. • Retrofit the existing tertiary filter with the cloth media Aquadiamond filter equipment that has been prepurchased by the City. JC Constructors, Inc. submitted a cost for this change order as summarized below: JC Constructors, Inc. $157,019.41 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 4 for the Wastewater Treatment Plant Expansion with JC Constructors, Inc. for $157,019.41 and authorize 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 CHANGE ORDER 4 ~J PROJECT: City of Meridian Wastewater Treatment Plant Expansion Project DATE OF ISSUANCE: June 20, 2007 EFFECTIVE DATE: June 20, 2007 OWNER: City of Meridian CONTRACTOR: JC Constructors, Inc., ENGINEER: Cazollo Engineers Page 1 of 2 Yota are directed to make the following changes in the Contract Documents. ~ Retrofit the lazgest existing tertiary filter with the cloth media Aquadiamond filter equipment that has been prepurchased by the City (WCD 45) Attachments: JC Constructors Change Proposal Request - (WCD 45) - 11 June, 2007 for $157,019.41 CHANGE IN CONTRACT PRIICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times $,367,500.00 Substantial Completion: 670 Davs - September 1, 2007 d f i l Rea y or F na Payment: 730 Davs -November 1, 2007 days or dates Net Changes from previous Change Orders No. 1 to No. 2 Net Changes from previous Change Orders No. 0 to No. 0 $ 403 527 07 , . Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 670 Days - September 1, 2007 8,']71,027.07 Ready for Final Payment:: 730 Days -November 1, 2007 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 157 01 9 41 ~ , , . days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: 670 Days - September 1.2007 $ 8,928,046.48 Ready for final payment: 730 Davs -November 1, 2007 days or dates RECOMMENDED BY ENGINEER: By: William J. Benko, P.E., Cazollo Engnaeers Date: APPROVED BY OWNER: ACCEPTED BY CONTRACTOR: By: Date: Jim Cox, J.C. Constructors Attest: Clint Dolsby, P.E., Public Works Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Date: Date: Date: Approved by City Council: ~ i June 22, 2007 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Public Works Department ITEM NO. 5-G REQUEST Award Bid /Approve Contract for Well No. 27 to Treasure Valley Drilling & Pump for $251,300.00: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached Memo /Contract a" Y' ,~ Sharon Smith Page 1 of 1 From: Keith Watts Sent: Friday, June 22, 2007 3:19 PM To: Will Berg; Sharon Smith Subject: FW: Agenda Item „~/~ Attachments: Council Memo for Request of Award -Well #27 Construction.doc; Contract -Well #27 - Treasure Valley Drilling.doc Will / Sharon, I do not think this made it onto the agenda for some reason. Can you please check for me? We are ready to execute the contract and start work. Thanks, Keith Watts Purchasing Agent City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Ph. 208-888-4433 x207 Fax: 208-887-4813 From: Keith Watts Sent: Thursday, May 17, 2007 9:00 AM To: Will Berg; Sharon Smith Cc: Kyle Radek Subject: Agenda Item Will/Sharon, please add the attached to the May 22, 2007 agenda. Thanks, Keith Watts Purchasing Agent City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Ph. 208-8881433 x207 Fax: 208-887-4813 6/22/2007 • Memo To: Will Berg, City Clerk, Sharon Smith From: Keith Watts, Purchasing Agent CC: Kyle Radek, Stacy Kilchenmann Date: 5/17/07 Re: May 22 City Council Meeting Agenda Item The Purchasing Departrnent respectfully requests that the following item be placed on the May 22 City Council Consent Agenda for Council's consideration. Approval of Award of BID #PW-07-001 Well NO. 27 Construction. The Bid was advertised and issued to 3 vendors on April 9, 2007 and only one responded by the Due Date of April 24, 2007. Recommended Council Action: Approval of award of the Bid to Treasure Valley Drilling ~ Pump, Inc. for the Not-To-F~cceed amount of $251,300.00, and authorize the Mayor to sign the agreement and the City Clerk to attest. Thank you for your consideration. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 1St day of May , 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Treasure Valley Drilling & Pump, Inc. , hereinafter refen-ed to as "CONTRACTOR", whose business address is 1239 IndianHead Rd., Weiser, ID 83672 and whose Public Works Contractor License # is 155472-B-4. INTRODUCTION Whereas, the City has a need for services involving Well Drilling Services; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-free, non- FISCAL IMPACT ANALYSIS - page 1 of 36 exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. FISCAL IMPACT ANALYSIS - page 2 of 36 C~ 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2007 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. FISCAL IMPACT ANALYSIS - page 3 of 36 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. FISCAL IMPACT ANALYSIS - page 4 of 36 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or properly and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. FISCAL IMPACT ANALYSIS - page 5 of 36 6.2 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.3 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6.6 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Treasure Valley Drilling & Pump, Inc. Attn: Sherrv Young 1239 Indianhead Rd. Weiser, ID 83672 Idaho Public Works License #: 15542-B-4 FISCAL IMPACT ANALYSIS - page 6 of 36 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all FISCAL IMPACT ANALYSIS - page 7 of 36 matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modifocation of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. FISCAL IMPACT ANALYSIS - page 8 of 36 i 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TREASURE VALLEY WELL DRILLING $ PUMP, INC. BY: TAMMY de WEERD, MAYOR Dated: BY: Dated: Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING AGENT Dated: Department Approval BY: NAME: TITLE: Approved as to Form Dated: CITY ATTORNEY FISCAL IMPACT ANALYSIS - page 9 of 36 Attachment A SCOPE OF WORK FISCAL IMPACT ANALYSIS - page 10 of 36 TECHNICAL SPECIFICATIONS FISCAL IMPACT ANALYSIS - page 11 of 36 Section 02580 Well Drilling Well Drilling PART 1- GENERAL 1.01 Scope A This Specification covers the general requirements for the well drilling operations including mobilization, security, safety, working hours, material disposal, utilities, site clean up and other work related to the construction of one (and possibly two) municipal water supply well(s). The Owner reserves the right to substitute items listed in the supplemental bid schedule as maybe, in the Owner's sole judgment, to be in the Owner's best interest, depending upon conditions encountered and/or observed during drilling. B It is recognized by the Owner that various Contractors may have specific methods and/or equipment that they are familiaz with or that work for them. The Owner further recognizes that there is more than one way to drill and complete a well. These specifications aze directed towazd the direct-mud rotarydrilling method which is required. The Owner will consider variations to methods provided they produce the desired result and that the Contractor develops a proposal for any changes to the specifications as presented herein and obtain written permission from the Engineer or Hydrogeologist to utilize such changes. Direct questions concerning the technical specifications to Ed Squires, Hydro Logic, Inc. at 342-8369 (office) or 631-6781 (cell). PART 2 - PRODUCTS 2.01 General A Provide all materials and equipment required to accomplish the completion of the water supply production well(s). All products shall be transported and stored on site in a clean, dry, and protected condition. PART 3 - EXECUTION 3.01 Minimum Well Construction Standards A The Contractor shall be required to conform to the applicable portions of the Minimum Well Construction 5tandazds established by the Idaho Department of Water Resources (IDWR), the Recommended Standards for Water Works (so called Ten States Standazds), the Idaho Rules for Public Drinking Water Systems of the Idaho Department of Environmental Quality (IDEQ), and this specification. B Set up well drilling equipment within the azea and as designated on the Site Plan in "Drawings". Perform all work in accordance with these Specifications. All work associated with this contract shall be done in accordance with the conditions, regulations and requirements set forth in the drilling permit issued by the State of Idaho Department of Water Resources. The Owner will acquire and supply the drilling permit(s) upon awazd of the contract. 3.02 Location A The general location map of the well site and proposed well(s) positioning on the well lot is/aze included in the DRAWINGS section. 3.03 Security and Safety A Securi Fencing. The public maybe present in the project azea. Prior to any excavations, the Contractor shall construct lockable security fences for public safety and for the protection of the well and of materials, FISCAL IMPACT ANALYSIS - page 12 of 36 l__J Section 02580 well grilling tools and equipment of the Contractor and subcontractors. The security fence shall consist of standazd chain- link safety fence material and have a minimum height of five feet (5'-0") supported by steel fence posts at twenty foot minimum spacing. The bottom of the fencing shall be staked or otherwise secured tightly to the Around with no gaps. The site, including the drilling rig, materials, tanks, and the well itself shall be completely enclosed and locked within the security fence whenever the site is left unattended. The well itself shall be sepazately and completely covered when unattended so that access to the well cannot be obtained without mechanical means; i.e. that the well is covered by the weight of the drill tools, a weighted cap of at least 250 pounds, or a welded cap. Upon completion of the work the Contractor shall remove the fence from the site. The fencing materials shall remain the property of the Contractor. Payment for installation and maintenance of the security fence shall be made under the Mobilization bid item. The Contractor shall be responsible for a lock and chain to ensure their access, and the access of others, prior to any equipment being stored on the site. B Safety: The Contractor shall erect and properly maintain at all times the necessary safeguards for the protection of employees, subcontractors and the public and shall post danger or warning signs against hazards created by the construction. The Contractor shall ensure that the well is securely capped at any, and all, times the Contractor leaves the site unattended. The contents of all liquid containers shall be cleazly labeled. Compressed gas cylinders shall be cleazly labeled and stored in an upright and secure position. Material Safety Data Sheets (MSDS) for all hazazdous materials shall be posted on a bulletin boazd to be erected by the Contractor. The Contractor shall ensure that safety barriers aze tight to the ground (child safe) and that all moving parts, belts and batteries are covered. When the site is unattended all heavy equipment keys shall be removed, the doors closed and locked and all buckets/blades lowered to the ground. Over ground electrical lines shall be equipped with ground fault interrupters. OSHA: The Occupational Safety and Health Administration (OSHA) has set the maximum first offense fine level at $8,200 per person involved in the above infractions. Gross negligence fines start at $70,000. The Contractor is solely responsible for site and personnel safety and compliance with OSHA ntles and reQUlations under SIC Description 1781 (Water Well Drilling). 3.04 Working Hours A Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, all work at the site shall be performed during regulaz working hours. In general, this is taken to mean daylight hours or the period 7 AM to 7 PM. The Contractor will not permit the performance of the work outside of this period, on weekends or any legal holiday without 72 hours notice to, and written consent of, the Engineer or Geologist. 3.05 Mobilization A The Contractor shall supply and move to the site: all necessary tools, equipment and supplies required for the work and, upon completion of the work, shall remove all such items from the premises promptly and leave the site in a neat and orderly fashion, A portable toilet is mandatory. 3.06 Plumbness and Alignment A The well shall be drilled straight and plumb in accordance with the provisions of this pazagraph. The casings, upon completion of development, shall be sufficiently straight to permit the installation of a standard line shaft vertical turbine to a depth of two hundred (200) feet without friction or binding. The casings shall be reasonably plumb, and the maximum deviation from vertical permissible shall be two (2) inches per one hundred (100) feet of depth. It shall be the responsibility of the Contractor to see that the well is being constructed straight and plumb within these limits at all times. The Owner may at any time conduct a borehole deviation geophysical log or make such tests as necessary to determine whether these tolerances aze being met. FISCAL IMPACT ANALYSIS - page 13 of 36 • Section 02580 well Drilling 3.07 Abandonment A In the event that the Contractor shall fail to complete the well to the depth specified or to a greater depth as maybe determined during the actual drilling, or because of loss of tools or equipment or for any other cause, or if the well shall fail to meet the requirements for plumbness and alignment as previously set forth, shall, if requested and as directed by the Engineer or Hydrogeologist, abandon the well. Abandonment procedures shall be based on the drilled site geology, developed by the Hydrogeologist, and shall be approved by the Idaho Department of Water Resources (IDWR). Downhole perforation and pressurized grout-pumping techniques will be used. Drill cuttings, drill-grade bentonite, sand, gravel, and/or "puddling clay" shall not be used as abandonment materials. If it is determined the Contractor does not have the appropriate equipment and/or experience to carry out the abandonment procedures, a qualified, independent contractor shall be hired by the Owner at the Contractor's expense. 3.08 Disposal of Materials A Arrangements for the proper off-site disposal of all drill cuttings, bentonite, sludge, concrete and other materials from the drilling and from the mud-tanks shall be made by the Contractor. Burying or spreading of materials on site is not acceptable and will not be permitted without the express permission of the Engineer or Hydrogeologist. 3.09 Utilities A The Contractor shall be responsible for furnishing and arranging for electricity and other utilities required in the drilling of the well. B Water from the City's municipal domestic water system is available on the site (fire hydrant). The Contractor shall coordinate with the Meridian Water Department for connection to the domestic water main. The Contractor shall be responsible for providing all plumbing, valves and backflow prevention, in accordance with and with the approval of the Meridian Water Department. The Contractor shall be responsible for security for the water line necessary for completion of the Work including restricted or locked access to control valves used to regulate and/or shut off water to site. The connection shall be metered and all costs incurred for conveying potable water to the project site shall be the responsibility of the Contractor. The Contractor shall contact "Digline" not less than two (2) full working days prior to the start of any excavation for the project. The Contractor shall be responsible for all costs associated with damaged utilities. 3.10 Recovery of Tools A In the event of loss of tools or equipment during any phase of the work, the Contractor shall not be entitled to any payment for time spent or expense incurred in an attempt to fish or recover the tools or equipment. 3.11 Protection of Water Quality A The Contractor shall take any and all precautions to prevent contamination of the water in the well and of site soils by the introduction of any foreign substances, including contaminated water, gasoline, oil, hydraulic oil, etc. The Contractor shall immediately remove any equipment leaking the aforementioned substances. All downhole tools and equipment, as well as all above ground water tanks, hoses, and pumps, must be disinfected with 500 ppm chlorine solution prior to use in the borehole, per IDWR rules. Drill steel, pump- column, and other equipment that cannot be effectively disinfected by washing with sodium hypochlorite solution shall be heated until too hot to touch (ungloved working man's hand) before placement in the well. FISCAL IMPACT ANALYSIS - page 14 of 36 Section 02580 Well Drilling 3.12 Area and Extent of Operations A The Contractor shall confine all drilling operations to the well lot as shown on the Drawings. The Contractor shall prevent all material from draining off site. Mud pits, de-sanding operations, and/or bailing pits shall be located on-site. In the event materials and/or sediment-laden water will migrate or be pumped off site, the project Hydrogeologist and the IDEQ must be contacted by the Contractor prior to any such off-site release. 3.13 Completion and Cleanup A Upon acceptance of the well by the Owner, the Contractor shall cut off the casing at a point not less than eighteen (18) inches above ground level or as designated by the Engineer or Hydrogeologist. A well head assembly similar to that shown in the drawings will be fabricated and installed with the well capped by means of a steel plate affixed with four tack welds; each weld being %z-inch long. The well site shall be cleaned up by removing all equipment, materials, drilling mud, bentonite, drill cuttings and supplies, including the filling and compacting of any pits or excavations using fill material and procedures approved by the Engineer or Hydrogeologist. Above-ground portable mud-tanks aze required for this project and dug mud pits aze not acceptable. Replace or repair any facility damaged during construction. Restore site as neazly as possible to original condition and grade. 3.14 Contract Time and Suspension of Work The first well must be completed within sixty (60) calendar days of issuance of a Notice to Proceed (NTP) by the Owner. If a second well is to be drilled, based upon the yield and water quality of the first well, an additional sixty (60) calendar days will be allowed from the issuance of a second NTP. The Owner will suspend the contract time only for instances that are beyond the Contractor's control or that aze ordered by the Owner. The contract time will commence to run seven (7) days from the date a NTP is issued. •• END OF SECTION •• FISCAL IMPACT ANALYSIS - page 15 of 36 • Section 02581 lud-Rotary Method Direct Mud-Rotary Method PART 1- GENERAL 1.01 Work Included A This section covers the work, materials and equipment necessary for drilling, completion, and development of one, and potentially two, new municipal water supply well(s). PART Z - PRODUCTS 2.01 General: All equipment shall be in good working condition prior to use in the work. Operate and maintain equipment in conformance with manufacturer's recommendations. 2.02 Drilling Equipment A Drill Rie: Provide drill rig capable of completing the well shown on Drawings. Draw-works must be capable of lifting (not just lowering) 550 feet of 18-inch, 0.375 inch wall thickness steel casing without flotation plates. B Drill steel: Drill steel shall have threaded couplings (i.e. "screw-together"). Flanged drill steel will not be allowed. All drill steel shall be stored on trailers or stacked on blockers off of bare ground. C Tools: Provide all tools, bits and equipment necessary for drilling. All tools to be stored off bare ground. D Mud pump: A positive displacement-type mud pump, capable of maintaining a high (>500 gpm) flow-rate, is required. 2.03 Drilling Fluid: Provide all drilling fluids, water connections and additives as required. Review fluids and additives with Engineer or Hydrogeologist prior to use. All fluids shall meet National Sanitation Foundation Approved Standard No. 61. 2.04 Test and Sampling Equipment A Provide equipment on site for measuring weight and viscosity of drilling fluid. B Provide sampling bags and containers. C Provide easily accessed sampling location whereby the direct mud-stream exiting the well can be sampled prior to de-sanding cones, shaker table, or mud-tanks. D Mud-rotary de-sander and shaker table equipped with 100-mesh screen. 2.05 Bentonite Seal: A Bentonite Chip Seal: Bentonite shall consist of clean (free of fines) '/a-inch chips and be dry and free of partially hydrated clumps. Bentonite chips shall be NSF-approved and especially manufactured for use as a sealant in water wells as available from national suppliers. Locally available bentonite chips from Idaho and/or Oregon bentonite deposits are not acceptable for use in this well without fiuther discussion and proof of consistency, quality, and supporting permeability/density specifications. B Bentonite Grout Sl Seal: The bentonite grout slurry seals, and any abandonment plugging of the well, shall consist of a bentonite-based, "high-solids" (>30% by weight) and NSF-approved grout especially FISCAL IMPACT ANALYSIS - page 16 of 36 Section 02581 cud-Rotary Method manufactured for use as a sealant in water supply wells. Products similaz to CETCO's "Volclay" Granulaz Grout or approved equal are acceptable. The grout solids shall be mixed with clean water at a ratio that results in a stable, low-permeability (< 1 X 10 ~ cm/sec) seal. Cement Grout Slurry The cement grout slurry seals, and any abandonment plugging of the well using cement grout, shall consist of a mixture of water and Portland cement powder in the ratio of not more than six (6) gallons of water to a ninety-four (94) pound bag of Portland cement. Which is fluid enough to be pumped through a small diameter pipe.. To obtain afree-flowing mixture, three (3) to five (5) ponds of bentonitr powder maybe added per sack of cement and the water component increased to not more than six and one- half (6.5) gallons per sack of cement. 2.06 Casing A Steel Casing (if used). Twelve (12) inch diameter (and above) casing shall have a minimwn wall thickness of 0.375 inch. Ten (10) inch diameter casing shall have a minimum wall thickness of 0.365 inches. Eight (8) inch diameter casing shall have a minimum wall thickness of 0.322 inches. All casing shall be new steel pipe with 30° beveled ends, round and joined with 3-pass, full penetration welds made by properly qualified operators using the appropriate composition rod. All steel casing shall meet ASTM A53, Grade B Domestic Pipe Specifications. Sets of four centralizers shall be installed at a minimum of every forty (40) feet. Well screen assembly centralizers shall be placed every 10-feet. All sets of four centralizers shall be installed at the one-quarter points azound the circumference of the casing or screen, as appropriate. B Pol v~myl Chloride (PVC) Casing. Material. All PVC casing and couplings shall have a minimum wall thickness corresponding to an SDR- 17 ratine (for example, one inch (1 ") for 17-inch diameter casing) and be made from unplasticized PVC compounds having a minimum cell classification of 12454-B, as defined in ASTM D1784 (Std. Spec for Rigid PVC Compounds). The compound shall qualify for a Hydrostatic Design Basis (HDB) of 4000 psi for water at 73.4 degrees F in accordance with the requirements of ASTM D2837. White pipe shall be supplied. All pipe shall be certified for conformance with NSF 14 and NSF61 and shall meet the crush resistance, flattening, impact and puncture test requirements of ASTM F480. PVC casing shall be "Certa-l:ok" PVC Well Casing as supplied by CertainTeed Corp, Valley Forge, PA or approved equal. Joints. Pipe shall be joined using non-metallic couplings. Seventeen-inch (17") O.D. Polyvinyl Chloride (PVC) well casing shall utilize aspline-lock mechanical joining system, or approved equal. 3. Centralizers. Centralizers for PVC casing will be fabricated of steel as shown in the Drawings. A centralizer is required at each casing joint. 4. Mazking. PVC well casing pipe shall be legibly and permanently marked with the following information: a. Manufacturer, manufacturing date code, and trade name b. Nominal size and SDR or SCH rating c. NSF-61 and NSF-14 2.07 Screen A Screen. The screen shall be bid on the basis of 35-slot, 10-inch-telescope (9-inch) size and 8-inch telescope (7-inch) size, 304 stainless steel, continuous wire wound unless otherwise determined by the Engineer's/Hydrogeologist's grain size analysis of the production well cuttings. Screen unit costs shall be according to the bid regazdless of the final slot-size stipulated. The individual screen sections shall be no longer than 10-feet in length and equipped with stainless steel welding rings at both ends. Weld rings shall be of 6-inch length on both ends of the screen to allow welding centralizers on both ends of every screen and safely away from screen wires (centered over the screen weld joints). The bottom of the screen assembly shall be closed with a stainless steel plate of minimum 0.250-inch thickness, jointed with a continuous weld. FISCAL IMPACT ANALYSIS - page 17 of 36 Section 02581 dud-Rotary Method B Packer/Reducer. The seal between the fifteen (15) inch inside diameter pump chamber casing and the ten (10) or eight (8) inch screen assembly shall consist of a removable packer/reducer assembly of stainless steel construction including a double, three-lip, neoprene Figure "K" type seal. The base of the packer assembly shall be slotted, as shown on the drawings, to turn onto bolsters or pins in the head pipe of the screen assembly after well development is complete. The packer/reducer shall be milled, threaded, or otherwise made to fit tightly on top of the head pipe and of such diameter to ensure a proper recommended seal of the neoprene washer to the surface casing and so as to not allow fine-grained sand to pass between the metal joint. The inside wall of the packer/reducer and the milled receiver at the top of the head pipe shall be tapered such that tools, probes and measuring devices can be lowered to the bottom of the well without obstruction. The inside diameter of any portion of the packer reducer shall not, at any point, be smaller than the inside diameter of the well screen. Minimum wall thickness of new materials used in the packer/reducer assembly shall be a minimum 0.250-inch thickness. Used, surplus, or salvage materials shall not be used (see attached packer/reducer construction detail). 2.08 Sand Filter. The gradation of the sand-filter envelope shall be Colorado Silica Sand, Inc. #6-#9 (or approved equal), unless otherwise selected based upon sieve-analysis of the production well drill cuttings by the Engineer or Hydrogeologist. PART 3 - EXECUTION 3.01 Drilling A Surface Casine. A 30" surface bore shall be drilled to an estimated depth of forty (40) feet below ground surface. Twenty-four (24) inch diameter, '/a -inch wall thickness steel casing will be installed in the bore. The annulaz space between the bored hole and the steel casing will be sealed from 40-feet to land surface with cement grout pumped into place from the bottom of the bore using a tremie pipe. The purposes for this casing is to 1) seal the surface river floodplain gravel aquifer waters from the main well drilling process, 2) to prevent caving of the gravels during drilling and casing installation, and 3) to provide a solid foundation for the steel well head assembly and pump base. B Drilline. 1. Pilot Bore: An eight (8) inch pilot bore will be advanced to a clay horizon located approximately 550 feet bgl. Purpose of the pilot bore is to obtain advance sand and clay samples for pre-ordering screen and to know precisely where to terminate the surface casing. Borehole geophysical logs maybe run in the mud-filled borehole prior to filling with approved medium-grained sand. 2. Direct Mud-Rotary Technique: The surface casing well shall be drilled to seal depth at twenty-four (24) inch diameter to an estimated depth of 550 feet bgl or as determined by the Engineer or Hydrogeologist on-site. Approximately five (5) vertical feet of 5/8-inch bentonite chips will be poured to the bottom of the open bore and allowed to hydrate a minimum of one (1) hour. A 17-inch PVC casing having 1-inch wall thickness, or an eighteen (18) inch steel casing having 0.375-inch wall thickness, shall be extended to the bottom of the well bore and lowered/pushed through the bentonite plug and into the natural clay formation. High-solids bentonite grout and/or cement grout will be pumped, under pressure through a tremie pipe from the bottom of the well, into the annular space between the drilled hole and the casing until undiluted grout return is achieved at the surface with continuous tagging and volumetric calculations to confirm placement. The Contractor will be responsible for making the required measurements but the project Hydrogeologist or Engineer will be notified 24 hours prior to casing and seal placements and shall be on site to inspect these installations. Below the eighteen or seventeen-inch pump chamber casing, the well shall be drilled at the full inside diameter of the surface casing to accommodate the well screen assembly (10-inch diameter screens if steel surface casing is used or 8-inch diameter screens if PVC surface casing is used. Drilling will be in sediments such as clay, silt, sand and/or gravel. Drilling mud losses to the bore, including thinning and/or thickening of the mud during drilling, shall be observed for and recorded by the drilling contractor. The piezometric head in the tazget aquifer is known to be FISCAL IMPACT ANALYSIS - page 18 of 36 ~ ~ Section 02581 cud-notary Method approximately 20-feet above ground level. The Contractor shall provide well drilling rig and well tools as required, and all other equipment, materials and supplies required for drilling and completion of the well. All such equipment shall be in good condition and properly maintained. Placement of the bentonite/cement seal shall be witnessed and approved by the Engineer or Hydrogeologist. Contractor shall notify the Engineer or Hydrogeologist and the IDWR in advance of any casing and seal placements so they can be present on site prior to any well casing and/or bentonite being placed into the well. 3.02 Centralizers: Sets of four centralizing bands (minimum /inch thick byl %z inch wide steel) shall be installed on the surface casing (17 or 18-inch) at intervals not to exceed twenty (20) feet for PVC casing and forty (40) feet for steel casing. Special placements may be requested at the direction of the Engineer or Hydrogeologist based on borehole caliper measurements. Centralizer sets shall be equally spaced at the '/a points azound the circumference of the casing. Centralizers for the PVC casing shall be fabricated as shown in the Drawings. 3.03 Full Depth Casing Seal: The casing seal shall be comprised of an approved cement and/or bentonite grout slurry pumped into place or it may be a solid chip bentonite poured into place. The use of one type of seal over another will be based upon site conditions during drilling and according to the following: A Bentonite Grout Slurry Seal: High-solids (>30% solids by weight)bentonite grout will be pumped, under pressure through a tremie pipe from the bottom of the well (550 feet), into the annular space between the drilled hole and the casing until undiluted grout return is achieved back to the surface with continuous tagging and volumetric calculations to confirm placement. Placement of the bentonite seal shall be witnessed and approved by the Engineer or Hydrogeologist. Contractor shall notify the Engineer or Hydrogeologist and the IDWR 24 hours in advance of seal placement so they can be present on site prior to any bentonite being poured into the well. Grout shall be allowed to set and hydrate a minimum of 24 hours prior to any further down hole activities. B Bentonite Chip Seal: The base-of-casing seal shall consist of a % -inch bentonite chip seal from a depth of approximately five hundred and fifty (550) feet to five hander forty-five (545) feet below land surface. The bentonite shall be clean (free of fines), dry, and free of partially hydrated clumps. It shall be poured through the pump-chamber casing from the surface, as directed by the Engineer or Hydrogeologist, after the eighteen- inch casing has been installed within 10-feet of the bottom of the bore. Placement of the bentonite chip seal shall be witnessed and approved by the Engineer or the Hydrogeologist. Contractor shall notify the Engineer or Hydrogeologist and the IDWR 24 hours in advance of seal placement so they can be present on site prior to any bentonite being poured into the well. C Cement Grout Slurry Seal: Cement grout will be pumped, under pressure through a tremie pipe from the bottom of the well (550 feet), into the annulaz space between the drilled hole and the casing until undiluted grout return is achieved back to the surface with continuous tagging and volumetric calculations to confirm placement. Placement of the cement seal shall be witnessed and approved by the Engineer or Hydrogeologist. Contractor shall notify the Engineer or Hydrogeologist and the IDWR 24 hours in advance of seal placement so they can be present on site prior to any cement grout being mixed and/or pumped into the well. Grout shall be allowed to set and cure a minimum of 24 hours prior to any further down hole activities. 3.04 Screens A Well Screens: The Contractor shall furnish and install the appropriate screen with the length and slot size as directed by the Engineer or Hydrogeologist. The length and depth of screen will be determined from geophysical logging of the pilot bore. The screen slot size will be determined from grain size analysis of the well cuttings from the pilot bore. The screen sections shall be equipped with stainless steel welding rings at both ends. Weld rings shall be of 6-inch length to allow for welding of centralizers on both ends and safely away from screen wires. Centralizing bands shall be centered over each screen weld joint on the '/ points of the circumference of the screen. Specified screen lengths shall be measured from the beveled end of each weld nine-to-weld ring. For example, a 10-foot length of screen with 6" weld rings on each end will have 9 feet of wire wrapped open azea. The screen assembly shall be lowered into the well using a lifting assembly as shown in the drawings or pre-approved equal. FISCAL IMPACT ANALYSIS - page 19 of 36 Section 02581 cud-Rotary Method 3.05 Sand Filter A After the screen assembly has been installed in the well, the Contractor shall introduce a graded sand filter, designed and approved by the Engineer or Hydrogeologist, into the annular space between the drilled geological section and well screens by pouring through the 18 or 17-inch casing with the 10 or 8-inch screened liner capped downhole. The sand filter shall be added in a continuous pour as approved by the Engineer or Hydrogeologist until it is stabilized and the complete annulaz space is filled to the appropriate level as shall be determined by physical tagging of the level with a weighted and graduated sounding line. The filter shall be brought to the top of the ten (10) inch or eight (8) diameter head pipe and maintained at that level until after development is complete. 3.06 Well Development, Packer/Reducer, Well Head Assembly A Air-lift numping/purging of the well. The Contractor shall bail any infill from the bottom of the well and purge the drilling mud from the well by airlift pumping (or other means such as direct pumping) until cleaz. Costs associated with clearing the drilling mud from the well and diverting the dischazge aze the responsibility of the Contractor and shall be considered incidental to the project. B Straddle-packer development. Pumping development of the well shall be accomplished by means of a 5-foot long "straddle packer" on the end of the drill-steel orpump-column. In this way, only five feet of the inside diameter of the screen is drawn upon at any given time. The straddle packer shall be lowered to the bottom of the well, and then raised up, pumping a minimum of 400 gallons per minute, through the well screens in one traverse. High-Pressure Water Jetting Upon completion of the drilling, installation of the screen, casing, and filter sand, and isolation packer-pumping of the well screens, the Contractor shall further develop the well by lowering a jetting tool to the bottom of the well screens and raising a high pressure water jet through the screen assembly at a rate of 60-seconds per foot of screen. Jetting tool shall have a minimum of eight staggered jet nozzles and be rotated 16-revolutions per foot and capable of a minimum of 250 gallons per minute at 400 psi within one inch of the inside wall of the screens. Jetting tool shall be removed from the well prior to topping off the filter sand and installing the packer reducer. The Contractor shall be required to use mud-dispersing chemicals as approved by the Engineer or Hydrogeologist to break down the residual drilling fluids, mud-cake on the borehole wall, and other clayey materials in the well. D Packer/Reducer Assembly. The packer/reducer assembly shall be installed to fit tightly on top of the head pipe. The Engineer or Hydrogeologist shall be on-site during installation of the packer/reducer. The Contractor shall take care to ensure the rubber seals aze not compromised during installation and/or fabrication of the packer/reducer. Especial Gaze must be taken during welding of the packer to the reducer assembly to prevent heat damage to the neoprene adhesive and rubber. Immersion of the neoprene section, in cold water, during welding maybe necessary to avoid damage to the rubber seal. Details of the packer/reducer assembly (including "Johnson Figare-K" neoprene seals or approved equal) are shown in the Drawings. Reporting, It shall be the Contractor's responsibility to notify the Engineer or Hydrogeologist prior to the development process, so they may be present during the packer-pumping of the well, and to provide daily reports of progress during development. The use of a dispersant, surfactant, detergent or any other well- development agent shall be approved by the Engineer or Hydrogeologist prior to use. Well Head Assembly. A steel well head casing assembly shall be fitted to the top of the PVC casing to shield the plastic from ultraviolet radiation, to serve as a strong and secure pump base, and to physically protect the PVC well casing. Details of the well head assembly (including an access/measurement/ventpfpe) aze shown in the Drawings. FISCAL IMPACT ANALYSIS - page 20 of 36 r~ U 3.07 Records and Samples U Section 02581 tud-Rotary Method A Records. A log or record shall be kept by the Contractor's driller on a form suitable to the Engineer or Hydrogeologist which shall indicate, for each shift worked, the general character, thickness and type of material encountered, any loss of fluid from the mud tank, any added drilling powder, and the nature and extent of all other work performed including the exact time spent on each item of work, The log shall be maintained, and updated on a continuous basis during drilling, at all times at the job site and shall be available at any time for inspection on site by the Owner or the Engineer or Hydrogeologist. Upon Completion of the work, a complete copy of the field log shall be furnished to the Hydrogeologist. The Contractor shall also file with the State Department of Water Resources the necessary log and record on forms obtainable from that Depaztment after a draft of the Driller's Report is reviewed and approved by the Hydrogeologist. The Owner and Geologist shall also receive clear readable copies of the final Driller's Report. The drillers aze responsible to record and report their own site observations, measurements, depths, details of well construction, and sample descriptions and should not depend on the measurements or observations of others. B Samples. Samples of all materials penetrated during drilling shall be taken continuously during drilling and bagged at every formation change and every five (5) feet below land surface. Samples shall be taken from the drill discharge and caught in a container capable of retaining fine sands and silts within the drill stream. This may require catching a bucket of the drill stream and allowing it to settle to collect representative fine-grained cuttings. Every effort shall be made by the Contractor to ensure that samples aze representative of the drilled geologic section. Cumulative sampling over the five-foot sample interval is required or discrete sampling at 2-foot intervals is also acceptable. Samples shall be saved and maintained on the job site by the Contractor. The samples shall be of at least one pint size, shall be kept in sealed, gallon-size "Zip-Lock" type, 4 mil cleaz plastic freezer bags to be provided by the Contractor, and shall be cleazly labeled with a waterproof mazker to show the depth, well name, and date collected. Cloth bags or other used containers aze not acceptable containers. C The Contractor will also be asked occasionally to obtain a five (5) gallon sample of the drilling-mud return- flow so the Engineer or Hydrogeologist can monitor electrical conductivity of the drilling fluid/cuttings slurry. 3.08 Borehole Geophysical Logs. A At the direction of the Hydrogeologist, and when the pilot bore reaches full depth, geophysical logs will be run in the uncased borehole. The Contractor shall be responsible for removing the drill steel and maintaining the well in an open condition to full drilled depth to accommodate the geophysical logging. The Owner is responsible for scheduling the geophysical logging immediately after the drill steel is removed from the hole. No additional payment will be made to the Contractor for the time required for the geophysical logging. Any alterations or changes to the final well design, owing to new insight afforded by the geophysical logging will be made to the Contractor within 24 hours of the completion of the logging. Contractor will be entitled to "Standby Time" for delays over 24-hours in duration. 3.09 Disinfection A The Contractor shall disinfect the well in accordance with applicable sections of AWWA A100 and C654-97 after development is complete and all tools have been removed from the well. This item is considered incidental to the project and no additional payment will be made for its completion. The chloride (ClZ) solution shall be poured through the water column from the surface. Liquid bleach (12% sodium hypochlorite solution) without additives, enzymes or other laundry-related enhancements is the preferred disinfection solution. The well bore volume shall be brought to a concentration of 250 mg C12/L. The Engineer or Hydrogeologist shall be present on-site during disinfection of the well. FISCAL IMPACT ANALYSIS - page 21 of 36 • Section 02581 cud-Rotary Method 3.10 Hydraulic Pump Testing, Video Inspection, and Final Disinfection of the Well A General. Hydraulic pump testing of the completed well will be accomplished under separate contract and bidding procedures. The Contractor will be required to be on site during hydraulic testing of the well. B Video Inspection. The Owner shall have the completed well inspected prior to final payment to the Contractor. C Final Disinfection. The Owner will ensure that the well is disinfected after removal of the test pumping equipment. PART 4 - MEASUREMENT AND PAYMENT 4.01 General A The unit or lump sum price bid for any item of work shall cover the cost of furnishing all labor, materials, equipment, tools and incidental items required to complete the work in accordance with the Drawings and Specifications. Any work, materials or equipment not specifically mentioned as included in a bid item of work, but which is required for its proper execution, shall be considered to be included in the price bid for that item of work. B All bid items of work under this section aze as described below, including method of measurement and payment. Work not described in these or other bid items shall be considered incidental to the work and the cost therefore shall be included in these or other bid items. 4.02 Bid Items A Mobilization. The Mobilization bid item shall include: 1) delivery of all equipment and materials to the site, 2) transport of all personnel to and from the site for work, 3) drilling and installation of the 40-foot surface seal and casing, 4) connection, back flow prevention, valuing, protection, and piping of drilling water to the site, 5) delivery and restocking of excess seal material, 6) security and safety, 7) restoration of the site to its original condition and grade, 8) portable toilet, and 9) the work described in Part 3, Paragraph 3.OlA of Section 02581 of the Direct Mud-Rotary Method section of these specifications. Measurement and payment shall be made on a lump sum basis. Drilline. The 24" Drilling and 17"/15" Drilling bid items shall consist of the work described in Part 3~; Pazagraphs 3.01.A and 3.01.B of Section 02581 of the Direct Mud-Rotary Method section of these specifications and shall be made on a per lineal foot basis. Drilling of the 8-inch diameter pilot bore is considered incidental to the project and shall be covered under the drilling of the various final bore diameters. Measurement for payment for drilling shall be for the depth below surface of the various size hole actually drilled including the drilling-grade bentonite powder required. No classification of materials will be made, and payment for drilling will be at the unit prices in the Bid Schedule regazdless of the type of materials or conditions encountered. Caline. The Eighteen (18) Inch Diameter Steel Casing or Seventeen (17) Inch PVC Casing bid items shall consist of the materials and work described in Part 2, paragraph 2.06.A and 2.06.B of Section 02581 of the Direct Mud-Rotary Method section of these specifications. Measurement shall be based on the actual linear feet of blank casing that remains in the well after completion, not including the length of screen. Payment for casing shall be at the unit price bid in the Bid Schedule and shall include furnishing the casing, transporting all casing to the job site, handling and welding casing at the job site, and installation in the well including centralizers. D Bentonite/Cement Surface and Full Depth Seals The Bentonite/Cement Surface and Full Depth Seal bid items shall consist of the materials and work described in Part 2, pazagraphs 2.OS.A, 2.OS.B, and 2.OS.C and FISCAL IMPACT ANALYSIS - page 22 of 36 Section 02581 tud-Rotary Method Part 3, paragraphs 3.03.A, 3.03.B, and 3.03.C of Section 02581 of the Direct Mud-Rotary Method section of these specifications, respectively. Measurement and payment shall be made on actual total cubic yards installed (regardless of method used; 7%Z gallons = 1 cubic foot and 27 cubic feet = 1 cubic yard). Well Screens. The 8" Well Screen or 10" Well Screen bid items shall consist of the materials and work described in Part 2, paragraph 2.07.A and 2.07.B and Part 3, paragraphs 3.03.A, 3.03.B, and 3.03.C of Section 02581 of the Direct Mud-Rotary Method section of these specifications, respectively. Measurement for payment for screen shall be on a lineal foot basis for the actual length screen installed in the well at the unit price bid in the Bid Schedule and shall include all costs of furnishing and installation, together with 6" stainless welding rings and centralizers. Sand Filter. The Sand Filter bid item shall consist of the materials and work described in Part 2, paragraph 2.08 and Part 3. Paragraph 3.OS.A of Section 02581 of the Direct Mud-Rotary Method section of these specifications, respectively, and shall be made on a per cubic yard basis. Measurement for payment for the sand filter shall be of the actual number of cubic yards used. If packaging is in un-weighed, non-dimensioned containers, a bill of sale will be required to confum volumetric measurement. Payment shall be at the unit price bid in the Bid Schedule and shall include all costs of transporting, furnishing and installation. G Packer/Reducer Assembly. The 18" to 10" Removable Packer/Reducer or the 15" to 8" Removable Packer/Reducer bid item shall consist of the materials and work described in Part 2, paragraph 2.07.B and Part 3, paragraph 3.06.D of Section 02581 of the Direct Mud-Rotary Method section of these specifications, respectively, including the seal between the screen assembly and the pump chamber. Measurement and payment shall be made on a lump sum basis. H Well Development. The Well Development bid item described in Part 3, paragraphs 3.06.A, 3.06.B, and 3.06.C of Section 02581 of the Direct Mud-Rotary Method section of these specifications. Measurement and payment shall be made on a per hour basis with the exception of the Packer/Reducer bid item which is measured and paid as a lump sum item. I Well Head Assembly. The Well Head Assembly bid item consists of the work described in Part 2, paragragh 2.07.B and Part 3, paragragh 3.06.D of Section 02581 of the Direct Mud-Rotary Method section of these specifications. J No separate payment will be made to the Contractor for keeping the prescribed records, collecting samples, furnishing de-sanding shaker table, emptying mud tanks, drilling grade bentonite, or for disinfection of the well and all equipment used in the well. The cost of all such work is considered incidental to the project and shall be included in other bid items in the Bid Schedule (such as mobilization). Failure to comply with any of the foregoing shall be justification for withholding payment for work performed by the Contractor. FISCAL IMPACT ANALYSIS - page 23 of 36 i • Section 02581 lud-notary Method K Payment for accepted work under this section will be made under the following bid items listed in the Bid Schedule: MOBILIZATION, per lump sum (LS) 24" MUD-ROTARY DRILLING, per lineal foot (LF) 17" PVC CASING, per lineal foot (LF) BENTONITE CHIP SEAL, per cubic yard (CY) BENTONITE GROUT SEAL, per cubic yard (CY) CEMENT GROUT SEAL, per cubic yard (CY) 17"/15" MUD-ROTARY DRILLING, per lineal foot (LF) 10" (TELESCOPE) S.S. WELL SCREEN, per lineal foot (LF) SAND FILTER, per cubic yard (CY) WELL DEVELOPMENT, per hour (HR) 18"/15"- TO - 10"/8" REMOVABLE PACKER/REDUCER, per lump sum (LS) 18" WELL HEAD ASSEMBLY, per lump sum (LS) MISCELLANEOUS SITE WORK ,with rig and crew per hour (HR) MISCELLANEOUS SITE WORK, without rig, per hour (HR) Alternate Bid Items: 20" MUD-ROTARY DRILLING, per lineal foot (LF) 14" PVC CASING, per lineal foot (LF) 12" MUD-ROTARY DRILLING, per lineal foot (LF) 8" (TELESCOPE) S.S. WELL SCREEN, per lineal foot (LF) 12"- TO - 7" REMOVABLE PACKER/REDUCER, per lump sum (LS) 18" DIAMETER STEEL WELL CASING, per lineal foot (LF) 14" WELL HEAD ASSEMBLY, per lump sum (LS) •• END OF SECTION •• FISCAL IMPACT ANALYSIS - page 24 of 36 • Section 02581 d-Rotary Method APPENDIX FISCAL IMPACT ANALYSIS - page 25 of 36 Section 02581 d-Rotary Method CITY OF MERIDIAN DRILLING, CONSTRUCTION, AND DEVELOPMENT OF SUPPLY WELL #27 Proposed General Course of Events 1. A minimum 30-inch diameter bore will be augured through the surficial gravels to about 40 feet below ground level (bgl) before a minimum 24-inch diameter steel casing is set to the bottom of the hole and sealed. 2. An 8-inch, mud-rotary pilot bore shall be centralized (w/ 8-inch casing) in the 30-inch bore and drilled to 650 feet (bgl) prior to the open bore being geophysically logged and temporarily filled with sand. 3. With the 8-inch casing removed, a 24-inch mud-rotary bore shall be drilled to 550 feet bgl. 4. A''/a cubic yazd of/a-inch bentonite chips will be poured, through the mud-filled bore, to the bottom of the drilled hole and allowed to hydrate for 1 hour. 5. 552 feet of 17-inch diameter (1.0" wall) PVC casing will be installed to 550 feet bgl with centralizing staves every 20 feet (at every coupler). 6. A "full-depth" bentonite seal, consisting of high-solids bentonite grout, shall be pumped into place from the bottom of the well to land surface. Emplacement will be verified on site by continuous tagging as the annulus is filled and by volumetric calculations. Well will be allowed to sit idle for 24-hours to allow bentonite to hydrate prior to commencement of deeper drilling. 7. 15-inch diameter drilling will resume through the 17-inch PVC casing to a depth of 650 feet bgl. 8. A 120-foot, 8-inch (telescope) diameter stainless steel screened liner assembly, with centralizing bands, will be lowered to the bottom of the well. 9. An approved sand filter will be poured, and tagged, into place azound the entire capped screen assembly. 10. Development will begin by airlift pumping of the well to remove drilling muds until the water is relatively cleaz. High pressure water jet and straddle-packer pump development techniques shall be used to further develop the well and to settle the sand filter. 11. Upon completion of the development process, the sand filter reservoir will be filled to capacity prior to installation and seating of the packer/reducer assembly. 12. A test-pump will be set under a sepazate contract and the well fiuther developed by over-pumping prior to a constant-dischazge and stepped-dischazge testing of the completed well. 13. The well will be videotaped, disinfected, and capped upon removal of the test-pump and associated lubrication oil before a fabricated well head assembly is installed. Other Observations for bidders 1. Artesian flowing conditions aze expected over all water-bearing intervals of the bores. Piezometric head in the finished well is estimated to be approximately 20 feet above ground surface. FISCAL IMPACT ANALYSIS - page 26 of 36 Section 02581 d-Rotary Method 2. Sub-surface sediments are unconsolidated, loose, and prone to cave. Bentonite mud (minimum 35 seconds per quart Marsh Funnel viscosity) is required for all open hole drilling through these materials. 3. Drilling water is available from the municipal water supply at the site. •• End of Section •• FISCAL IMPACT ANALYSIS - page 27 of 36 Section 02581 d-Rotary Method Figure 1-Sketch of the Proposed Details of Well Construction FISCAL IMPACT ANALYSIS - page 28 of 36 Section 02581 d-Rotary Method Figure 2 -Details of Packer/Reducer and Screen Lifting Assemblies FISCAL IMPACT ANALYSIS - page 29 of 36 Section 02581 d-Rotary Method Figure 3 - Vicinity Map - Well 26 FISCAL IMPACT ANALYSIS - page 30 of 36 Section 02581 d-Rotary Method Figure 4 -Site Map -Well 26 FISCAL IMPACT ANALYSIS - page 31 of 36 Section 02581 d-Rotary Method Figure 5 -Detail Showing Well Screen Centralizer Construction FISCAL IMPACT ANALYSIS - page 32 of 36 ~ i Section 02581 d-Rotary Method Figure 6 -Detail Showing Well Casing Centralizer Construction FISCAL IMPACT ANALYSIS - page 33 of 36 Section 02581 d-Rotary Method Figure 7 -Detail Showing Well Head Assembly FISCAL IMPACT ANALYSIS - page 34 of 36 Section 02581 d-Rotary Method Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed TASK DESCRIPTION DATE AMOUNT A. Mobilization $35,000.00 B. Drill 24° Diameter Direct Mud-Rotary Hole $68,500.00 C. Furnish and Install 17" Diameter $77,000.00 PVC Casing (1.0" wall) p. Fumish and Install High Solids Bentonite And/or $17,600.00 Cement Grout Seals E. Drill 15" Diameter Hole $10,500.00 Fumish and Install 7~ Stainless Steel Well Screen, $19,200.00 F• Include Weld Rings, Centralizers, and Stainless Steel Plate End Cap G. Fumish and Install Filter Sand $2,000.00 H. Well Development $10,000.00 I Fumish and Install Removable $4,500.00 Packer/Reducer Assembly J Miscellaneous Site Work with Rig $2,000.00 K Miscellaneous Site Work without Rig $2,000.00 L Well Head Assembly $3,000.00 ALTERNATE BID ITEMS 1 Fumish and Install 18" Diameter Steel Casing $95.00 (0.375" wall thickness) 2 Fumish and Install 20" Diameter Steel Casing $85.00 (0.250" wall thickness) Fumish and Install 9" Stainless Steel Well Screen, $195.00 3 Include Weld Rings, Centralizers, and Stainless Steel Plate End Cap 4 Fumish and Install % "Bentonite Chips $600.00 5 Drill 20" Diameter Direct Mud-Rotary $110.00 g Fumish and Install 14" Diameter $120.00 PVC Casing (SDR - 171) TOTAL $251,300.00 FISCAL I MPACT ANALYSIS - page 35 of 36 • Section 02581 d-Rotary Method FISCAL IMPACT ANALYSIS - page 36 of 36 ~~ June 26, 2007 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT ITEM NO. 5-~"~ REQUEST Approve Contracts for Phase II of New City Hall Project Packages 6, 7, 8 and 10: Architecture Building Supply Co. for $7,820.00, American Wallcover, Inc. for $363,287.00 Custom Glass, Inc. for $295,321.00, and Schindler Elevator Corporation for $222,100.00 AGENCY COMMENTS CITY CLERK: See Attached contrach from Purchasing 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 Ctty of Meridian. • Memo To: Will Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Sharon Smith, Tara Green, Stacy IGlchenmann Date: 5/26/07 Re: June 26 City Council Meeting Agenda Item CEI~E~ Jug z ~ 200 City of Meridian City Clerk Office The Purchasing Department respectfully requests that the following item be placed on the June 26 City Council Consent Agenda for Council's consideration. Approval of Contracts for Phase II of Citv Hall Project Packaaes 6 7 8 & 10. The Contracts before you are the result of the award approved by Council on April 10, 2007. All Contracts were prepared using the AIA Agreement mod~ed by City legal staff. These are the four contracts that were not signed by the contractors when we came to Council the first time on May 8~'. Architectural Building Supply Co. $ 7,820.00 American Walkover, Inc. $ 363,287.00 Custom Glass, Inc. $ 295,321.00 Schindler Elevator Corporation $ 222,100.00 Recommended Council Action: Approval of Contracts for City Hall Phase II Packages 6,7,8,& 10 and authorize the Mayor to sign all four contracts. Thank you for your consideration. • Page 1 Revised 5-7-07 Reading of RULES; and Providing an Effective Date: Prepare Ordinance for next meeting 10. Amended Ordinance No. 07-1292A AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: Approve 11. Department Reports: A. Legal Department: 1. Discussion of Use of Facilities Hold Harmless Agreement with Joint School District No. 2: Approve B. Mayor's Office: 1. Appointment to the Meridian Development Corporation: Approve Scott Turlington C. Finance /Purchasing Department: 1. Approval of Contracts for Phase II of City Hall Proiect Packages 1-11 for a total Not to Exceed Amount of $5,836,369.35: MJ's Backhoe and Excavation, Inc. $ 610,314.00 Approve Sidewalks, LLC $ 655,595.35 Approve TMC, Inc $1,584,760.00 Approve Rule Steel Tanks, Inc $1,847,000.00 Approve s s ~C~!5~t-r.~'crS~ri~ Q c~vvv2~~-.nvv > > Western Roofing, Inc. $ 182,990.00 Approve nhinrll ,u~~~~ (~r~ r.~+inn Q ~~~ inn nn ,5~,,.,,~,eFE~c-~~wo ~~~o Seal Co. $ 67,182.00 Approve 12. Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): OK Meridian City Council Meeting Agenda -May 8, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9 _ ' ~ • C`~ -' Document A101/CMa~ -1992 S#andard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPUL4TED SUM AGREEAAENT made as of the day of in the year Two Thousand Seven. (In words, indicate day, month and year) BETWEEN the Owner. (Paragraphs deleted) CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642-2300 and the Contractor. (Paragraphs deleted) American Wallcover, Inc. 2685 E. Lanark Street Meridian, Idaho 83642 For the following Project: (Paragraphs deleted) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi-story city hall office building with a basement. The Construction Manager is: (Paragraphs deleted) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Paragraphs deleted) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. ADDITIONS AND DELETIONS: The author of this document has added informaton needed for Its completion. The author may also have revises the teM of the original AIA standard form. An Additions and Deletlons Repert that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion ar modiflca8on. The 1992 Edition of AIA Document A201/CMa,General Cond)tlons of the Cantrad for Construction, Construction Manager-Adviser Ed)tlon, is adopted in this document by reference. Do not use with other general conditions unless this document is modrfied. AIA Document A1Q1/CAAa'"' -'8992. Copyright ~ 1992 by The American Institute of Archftects. All righht reserved WARNING: This AIA® Document Is Init. protected by US. Copyright Lew and hrtematlotml Treatise Unauthorized reproduction or distributlon of this AIA® Document, or any portlon of it, may result In were civil and criminal perrelUes, a~ will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA software at 08:10:07 on 05/08/2007 under Order No.1000295111_t which expires ono/4/2008, and is not for resale. User Nom: (1274871449) • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other doctunents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in e. Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATIz:OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3:1 The date of'commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date fixed in:anotice to proceed issued by the Owner. (Paragraphs deleted) § 3.2 The Contractor shall achieve Substantial Completion of the entire Work beginning September 10, 2007 and I finishing October 5, 2007 per production schedule. (Insert rite calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlaer Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide allJabor; material, tools, and equipment to complete the exterior wall #raming, insulation, and exterior dens-glass gold sheetrock as noted on the drawings and per-the following: Division 1 -General Requirements Section 0540U -Cold-Formed Metal Framing Section 07210...- Building Insulation Section 07841 -Through-Penetration Firestop Sys#ems (As Applicable) Section 07842 -Fire-Resistive Joint Systems (As Applicable) Section 07920 -Joint Sealants (As Applicable) Section 09260 -Gypsum Board Assemblies subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred &:NO/100 Dollars ($500.00) per calendaz day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shazed by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or AIA Docummtt A701/CMeTY -1992 Copyrght ~ 1992 by The American Institute of Archftects. All rights r~enred. wARNINt3: This AIA® Document is tnn' protectmi by US. Copyright Law end Intematlonal Trestles. Unauthorized reproduction or distribution of this AIA® Document, or etry portlon of tt, may result in severe dull end wiminal penalties, end will be prosecuted to the maximum extent poestble under the law. This document was produced / by AlA software at 08:10:07 on 05108!2007 under Order No.1000295111_1 which expires on 4/4/2008, and is rwt for resale. User Notes: (1274871449) remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three Hundred Sucty Three Thousand Two Hundred Eighty Seven Dollars 8c NO/100 ($363,287.00), subject to additions and deductions as provided in the Contract Documents. § 4,2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (Paragraphs deleted) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PRQGRESS PAYMENTS § 5.1 Based upon, Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and_ Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the (Paragraphs deleted) month. § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25`s day of a _ month, the Owner shall make payment to the Contractor not later than the 20s' day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than thirty (30) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents and approved by Construction Manager. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, when approved by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered bythe Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent (5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute maybe included as provided in Section 7.3.7 of the General-Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5% ); IniL AIA Docume~ A401/GOra*c -1992. Copyright ©1992 by The American Instidite of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law end Intematloeal Trestles. Unauthorized reproduction or distributlon of this AIA Document, or any portion of it, mey result in severe civil and crimirrel peneities, and will tm prosecuted to the maxhnum extent possible under the law. This documerrt was produced / by AIA software at 08:10:07 on 05/08/2007 under Order No.1000295111_i which expires on 4/4/2008, and is not for resale. User Notes: (1274871449) i ~ § 5.6.3 Subtract the aggregate of previous payments made by the Owner, and § 8.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. (Paragraphs deleted) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy otherrequirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for (Paragraphs deleted) Payment. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Paragraphs deleted) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions a,~'ecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 Tle Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: AIA Document A101/CNIaTr -1952. Copyright ©1992 by The American Institute of Architects. All righffi reserved. WARNIND: This AIA® Document is ink' protected by U.S. Copyright Law and intematlonal Treatise Unauthorized reproduction or dlatribution of this AIA® Document, or arty portion of i4 4 may result in were civil and criminal peneltlea, and will ~ prosecuted to the maximum extent possible under the law. This document was pr~uced / by AIA soitv~are at 08:10:07 on 05/08/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for rule. User Notes: (1274871449) § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager-Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A211I%CMa, 1992 Construction Manager-Adviser Edition, as modified and attached hereto as Exhibit § 9;1.3 The Supplementary and other Conditions of the Contract aze those contained in the Project Manual dated , and are as follows: Document Title Pages § 9.1.4 The Specificatlons are those contained in the Project Manual dated as in Section 9.1.3, and aze identified on I Exhibit A, attached hereto. Title of Specifications exhibit: (Table deleted) § 9.1.5 The Drawings are (Paragraphs deleted) those identified on Exhibit B, attached hereto. (Table deleted) § 9.1.6 The Addenda, if any, aze as follows: Numtler Date Pages Addendum A 3/16/07 3 Addendum B 3/21/07 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The Genera! Conditions provide that bidding requirements such as advertisement or invitation to bid Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents:) INL AIA Docwtwrt A101/CNa~ -1882. Copyright ®1992 by The American Instihrte of Architects. /til rights reaervaad. WAANti80: This AIA® Doamrent is protected by U$. Copyright Law end Intemetiorrel Treaties. Unautirorl~t reproduction or diatrtbution of thts AIA® Document, or arty portlon of It, may reaun in severe dull and aiminel perrelti~, end wtll be prosecuted to the maximum exterU possible corder tire law. This document was produced / by AIA software at 08:10:07 on 05/08/2007 and®r Order No.1000285111_1 which expires on 4/4J2008, and la rrot for rule. ~~~ (1274871448) r~ L This Agreement is entered into as of the day and year first written above. OWNER CITY`OF MERIDIAN, An Idaho municipal corporation `/°~ (Sig re)' G/er/t (Printed ' '' andaitle) ~-~ ~.~ (Date) Exhibits: CONTRACTOR l~ Ameriean Walkover, Inc. name and title) 5- ~ -~°°~ (Date) 6-26-07 Exhibit A -Specifications Exhibit B -Drawings: Cold Shell and Core Package Sheets: AO.O,C1.1 ,C1.2, C4.1, C4.2, C4.3, L1.20, A0.0, A0.1 ,A0.2,A.3, A0.4„ A0.5, A2.00, A2.10, A 2.20, A2.30, A2.40, AZ.50, A2.60, A3.0, A3.1, A3.2, A3.3, A4.0, A4.1, A4.2, A4.3, A4.4, A4.5, A5.0, AS.IA5.2, A5.3, A5.4, A9.0, A9.1, A9.2, A9.3, S0.01, 51.01, 51.02, 52.11, S2.12, 52.21, S2.2, S2.31, S2.32, S2.41, S2.42, S2.5, 53.1, 55.1, S5.2, S7.1, S7.2, S7.3, S7.4, 57.5, S7.6, P0.0, P0.1, Pl.l, Pl.l, P2.1, P3.1, IVI5.0, E1.OS, E1.1S Exhibit C- Addendum A ,~`~ ~+~!! l t i i r~ l ~ r f;, Exhibit D - Addendum B ><`e ',,; Approved as to Content Attest: William G. Berg Jr., City Clerk Keith W hasi g Agent `o a° ~ ~ /f / , ~ ~~ = ~~~Ta J , ~0 q~~ ., \`' Dated: ~ AlA Document Alovctua*~ -1992 Copyright ©i 992 by the Americar- lnstftute of Architects Ati rights reserved. wARNINti: rnia AIA® nocumeM is init. may result n sever c Ugarrd criminal ~rreltlas, endrxrlll be u osecuted to theum e~dent won of this AIA® Docunrerrt, or eny portlon of it, 6 pr possible under the law. This document wag predated / b11 AIA software at 08:10:07 on OSJ08/2007 under Order No.1000295111 1 which expires on 4/4/2008, artd is not for resale. User Notes: (1274871449) ~•~ = Document Q101/CMa'" -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year Two Thousand Seven. ADDIT101~ ARID DEtETIONS• (In words, indicate day, month and year) The author of this document has BETWEEN the Owner added information needed for its . completon. The author may also (Paragraphs deleted) have revised the text of the original CTf Y OF MERIDIAN AIA standard form. An Additions and 33 East Idaho Avenue Deletions Report that notes added Meridian, Idaho 83642-2300 information as well as revisions to the standard form text is available and the Contractor: from the author and should be (Paragraphs deleted) reviewed. A vertical line in the left Custom Glass margin of this d~ument indicates 254 Loop Street where the author has added Caldwell, Idaho 83605 necessaryr information and where the author has added to or deleted from the original AIA text. For the following Project: This document has important legal (Paragraphs deleted) consequent~s. ConsuRatlon with an ~ New Meridian City Hall attorney is ent~uragsd with respect ~ 33 East Broadway Avenue to its completion or modification. Meridian, Idaho 83642 The 1992 Edition of AIA Document An approximately 100,000 square foot, multi-story city hall office building with a A201/CMa,General Conditions of I basement. the Contract for Construction, Construction Manager-Adviser The Construction Manager is: Edition, is adopted in this document (Paragraphs deleted} by reference. Do not use with other general conditions unless this PETRA INCORPORATED document is mocttied. 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Paragraphs deleted) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. (n{t. AW Document A10f/CMa*a - 7992. CopyNgM m 1992 by The American institute of Architects. Ali rights -~rtred. WARNWa: This AIA® Document la protected by U.S. Copyright Lew and Intemadorutl Treatlea Uneuthoriz~ reproduction or distribution of this AIA® Document, or any portlon of it, may result in severe dull and crimirrel perrelties, and will be prosecuted to the maximum extent possible under tha law. This document was produced / by AIA software et 13:47:13 on 04/27/2007 under Order No.10002951 f t_1 which expires on 4/4/2008, and is not for rule. User Notea: (3135381857) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THiS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) § 3.2 The Contractor shall achieve Substantial Completion of the entire Work beginning November 26, 2007 and finishing February 15, 2008 per production schedule. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) PD~tion of Work Provide all labor, material, tools, and equipment to complete the aluminum storefront and skylights as noted on the drawings and per the following: Substantial Completion date February 15, 2008 Division 1-General Requirements Section 07920 -Joint Sealants (As Applicable) Section 08411-Aluminum-Framed Entrances and Storefronts Section 08630 -Metal -Framed Skylights Section 08800 -Glazing (As Applicable) Section 08911- Glazed Aluminum Curtain Walls This bid package specifically includes: • Caulking the exterior of all exterior aluminum windows and storefront. • Furnish and install windowsill flashing. • Removal of all window stickers. • Glazing at alunvnum windows and storefront. This bid package specifically excludes: • Mirrors. • Glazing at hollow metal frames. subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) knit AIA Docwnem A101/CAAan -1992. Copyright D 1992 by The American Instidrte of Architects. All rights reserved. WARNING: This AIA® Documentntt is protected by US. Copyright Law and Intematlanal Treaties. Uneuthorized reproduction or dlatributlon of this AIA® Document, ar eny portlon of It, 2 may result in severe civil end criminal penalties, and will be prosecuh3d to the maximum extent possible under the lew. This document was produced / by AIA software at 13:47:13 on 04/27/2007 under Order No.1000295111_t which expires on 414/2008; and is not for resale. Usk Notes: (3135361957) • The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NO/100 Dollars ($500.00) per calendaz day, for each calendaz day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above aze a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shazed by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Ninety Five Thousand Three Hundred Twenty One Dollars & NO/100 ($295,321.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which aze described in the Contract Documents and aze hereby accepted by the Owner. (Paragraphs deleted) § 4.3 Unit prices, if any, are as follows: Descrtptlon Unite Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendaz month ending on the last day of the (Paragraphs deleted) month. § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25`s day of a month, the Owner shall make payment to the Contractor not later than the 20s' day of the following month. ff an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than thirty (30) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents and approved by Construction Manager. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, when approved by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: AIA Document A101/CII~*a -1982. Copyright ®1992 by The American Instltute of Arch(teets. All rl~ reeerlted. WARNING: This AIA® Document la Ind' protected by U.S. Copyright Law and intemetlonel Trestles. Unauthoriami reproductlon or distribution of this AIA® Documenrt, or any portlon of It, 3 may result in ~vere civil and criminal penalties, and wiU be prosecuted to the maximum extent possible under the taw. This document was praiuced / by AIA software at 13:47:13 on 04/27/2007 under Order No.1000295111 1 which expires on 414/2008, and is not for resale. User Notes: (3135361857) • § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent (5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2-Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5% ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. (Paragraphs deleted) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for (Paragraphs deleted) Payment. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid tinder the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Paragraphs deleted) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) ~~ AIA Document A101/CAAer~ -1~2. Copyright ©1992 by The American institute of Arohftects. All rights reserved, wARNINO: This AIA® Document is protected by U.S. Copyright Lew and Urtemedonel Trestles. Uneuthortzed reproduction or distributlon of this AIA® Document, or any pbrtlon of it, may result in severe ciWl end criminal penalties, end wilt be pro~cuDed to the maximum extent possible urnier the law. This d~umerrt was producer! / by AIA software 8113:47:13 on 04/27/2007 under Order No.1000295111 1 which expires on 4/4/2008, and is not for resale. User Notes: (3135361957) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standazd Roan of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager-Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager-Adviser Edition, as modified and attached hereto as Exhibit § 9.1.3 The Supplementary and other Conditions of the Contract aze those contained in the Project Manual dated and are as follows: Document Titre pages §-9.1.4 The Specifications aze those contained in the Project Manual dated as in Section 9.1.3, and aze identified on Exhibit A, attached hereto. Title of Specifications exhibit: (Table deleted) § 9.1.5 The Drawings aze (Paragraphs deleted) ~,, those identified on Exhibit B, attached hereto. (Table deleted) § 9.1.8 The Addenda, if any, aze as follows: Number Date p~~ Addendum A 3/16!07 3 Addendum B 3/21/07 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents aze as follows: (List here any additional documents which are intended to form part of the Contract Documents The General Conditions provide that bidding requirements such as advertisement or invitation to bic~ Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Init. AIA Doetellent A701/ctil<a*s -1~2. Copyright O 1992 by The Americain Institute of Architect. Ali Hghts reserved. WARNINd: This AIA® Document is protected by U.S. Copyright Law and Intematlonel Treaty. Uneutitorized reproduction or distribution of this AIA® Document, or any portlon of it, may result in severe civil and cHminal penalties, end will be prosecuted to ti[e maximum extant possible under the law. This document was produced / by AIA software at 13:47:13 on 04/27/2007 under Order No.1000295111 1 which expires on 414/2008, and is not for resale. User Nom: - (3135381957) • • This Agreement is entered into as of the day and year first written above. OWNER CITY OF MERIDIAN, An Idaho municipal cof~poration .~' ' nature) a~~ d GriQe~PL (Printed and title) (Date) ~-i~~ L`t-GL O~ Cib~ ~GrZ+•ysf~ CONTRACTOR Custom Glace 6 -26-07 Exhibits: Exhibit A -Specifications Exhibit B -Drawings: Cold Shell and Core Package Sheets: AO.O,Cl.l ,C1.2, C4.1, C4.2, C4.3, L1.2O, A0.O, A0.1 ,AO.Z,A.3, A0.4„ A0.5, A2.OO, A2.1O, A 2.20, A2.3O, A2.40, A2.5O, A2.6O, A3.O, A3.1, A3.2, A3.3, A4.O, A4.1, A4.2, A4.3, A4.4, A4.5, A5.O, AS.lA5.2, A5.3, A5.4, A9.O, A9.1, A9.2, A9.3, 50.01, S1.O1, S1.O2, S2.11, S2.12, S2.21, S2.2, S2.31, S2.32, S2.41, 52.42, S2.5, S3.1, S5.1, S5.2, S7.1, S7.2, S7.3, S7.4, 57.5, S7.6, P0.O, P0.1, Pl.l, Pl.l,P2.1,P3.1,MS.QEI.OS,E1.1S ~~444481AIi11gpy~e Exhibit C - Addendum A y~><~°a ~ , Ad °>e~,® ` Exhibit D - Addendum B `\,~.~ °~~ ~ "„d~~e Approved as to Content ~ ® ~~~ ' Attest: ~.~ - ~ _ r ~~, ~' ~~~ ~ .0 William G. Berg 7r., City Clerk ~~'~. ~®``\ r 04 /~~, `~~ t Keith Watts, Purchasing Agent Dated: knit AIA Document A101/C6SaTM -1992. t:opyNght ©1992 by The American Institute of Architects. All rights resmved. ®ARNINt3: Thls AIA® Document Is protected by U.S. t:opyright Law and Internatlonel Treaties. Unauthorized reproductlon or distribution of this AIA Document,-0r any portlon of It, may result In were civil and criminal penalties, end w11i be prosecuted to the maximum extent poastble under the law. This document was produced / by AIA software at 13:47:13 on 04/27/2007 under Order No.1000295111_7 which expires on 4/4/2008, end is not for resale. User Notes: (3135381957) _ s=°7~®~ (Date) r ` • • The Architect is: (Paragraphs deleted) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The 1992 Edition of AIA Document A201/CMa,General Conditions of the Contract for Construction, Construction Manager-Adviser Edlfion, is adopted in this dot~ment by reference. Do not use with other general conditions unless this document is modified. Inlt AIA DoanneM A101lCI1aeTr -1982. Copyright ©1992 by The American Institute of Archftects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law end Internado~l Tr~tiea Unauthor[zed reproduction or dlatributlon of this AIA® Document, or any portlon of it, may result in ~vere civil end criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document was produced / by AIA saflware at 11 X1:47 on 04/27/2007 under Order No.1000295111_t wh~h expires on 4/412008, and is not for resale. User Notes: (4249835692) d) _~ Document A101/CMa~ -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year Two Thousand Seven. ADDITIONS AND DELETIONS• (In words, indicate day, month and year) The author of this document has BETWEEN the Owner added information needed for Rs . completion. The author may also (Paragraphs deleted) have revised the text of the original CITY OF MERIDIAN AIA standard form. An Addrtlons and 33 East Idaho Avenue De%Hons Report that notes added Meridian, Idaho 83642-2300 informafion as well as revisions to the standard form text is available and the Contractor: from the author and should be (Paragraphs deleted) reviewed. A vertical line in the left margin of this document indicates Architectural Building Supply where the author has added 960 E. Franklin Road necessary information and where Meridian, Idaho 83642 the author has added to or deleted from the original AIA text. For the following Project: (Paragraphs deleted) New Meridian City Hall 33 Fast Broadway Avenue Meridian, Idaho 83642 An approximately 100,000 square foot, multi-story city hall office building with a basement. The Construction Manager is: (Paragraphs deleted) PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and aze as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) § 3.2 The Contractor shall achieve Substantial Completion of the entire Work beginning December 24, 2007 and finishing January 7, 2008 per production schedule. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Worliy if not stated elsewhere in the Contract Documents.) Portion of Work Substantial Completion date Provide all labor, material, tools, and equipment to January 7, 2008 furnish and install the doors, frames, and hazdware as noted on the drawings and per the following: Division 1 -General Requirements Section 08110 -Standard Steel Doors and Frames Section 08710 -Door Hardware (As Applicable) Section 08800 -Glazing (As Applicable) This bid package specifically includes: • Furnishing and installing all metal along with the associated hardwaze. • Furnishing and installing all glass and glazing for all hollow metal frames and doors. • Furnishing the hollow metal frames F.O.B. jobsite. • Hollow metal frames in masonry will be required to be on the jobsite, ready for installation within 30 days after notice to proceed. This bid package specifically excludes: • Aluminum window units. • Glass and glazing for aluminum window units. subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) Init. AIA Document A701/CtiAaTM -1992. Copyright D 1992 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA® Document la protected by U.S. Copyright Law and hrtematlonal Trestles. Unauthorbed reproduction or dletributlon o1 this AIA® Document, or any portion of it, may result in severe civil end criminal pemilttea, and will be prosecuted to the maximum extent possible under the lew. This document was produces / by AIA software at 11 X1:47 on 04/27/2007 under Order No.1000295111 1 which expires on o/4/2008, and is not for resale. User Notes: - (424s~~92) i • The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of )~ive Hundred & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Seven Thousand Eight Hundred Twenty Dollars & NO/100 ($7,820.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Paragraphs deleted) § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS /' § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon l ,_ Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the (Paragraphs deleted) month. § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25~' day of a month, the Owner shall make payment to the Contractor not later than the ZOs' day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall. be made by the Owner not later than thirty (30) days after the Construction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents and approved by Construction Manager. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, when approved by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Init. AIA Docwnem A10ilGAAaTM -1992. CopyNght m 1992 by The American Institute of Archftects. All rights reserved. wARNIN©: This AIA® Document Is protected by U.S. Copyright Lew and Intemationel Trestles. Unauthariz~ reproduction or distribution of this AIA® Document, or any portlon of it, may recruit in severe civil and crimlrrel penalties, and will lm prosecuted to the maximum extent possible under the law. This document was producmi / by AIA software et 11 X1:47 on 04/27/2007 under Order No.10002951 i 1_1 which expires on 414/2008, end is not for resale. User Notes: (4249835892) § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent (5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute maybe included as provided in Section ?.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5% ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner, and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. ~ (Paragraphs deleted) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for (Paragraphs deleted) Payment. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Paragraphs deleted) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are di, fferent from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) AIA Document A101/Cd~T"" -1992. Copyright m 1992 by The American Institute of Architects. All rigl>te re~rved. WARNINfl: This AIA® Document Is ln~' protected by U.S. Copyright Law end Irrternatlonel Trestles. Unauthorized reproduction or distributlon of this AIA® DocumerM, or any portlon of it, mey result in severe civil end criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document was praduc~ / by AIA software at 11 X1:47 on 04/27/2007 under Order No.1000295111_1 which expires ono/4/2008, and is not for resale. User Notes: (4249835692) • ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract .Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and. Contractor, AIA Document A101/CMa, 1992 Construction NYanager-Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AlA Document A201/CMa, 1992 Construction Manager-Adviser Edition, as modified and attached hereto. as Exhibit § 9.1.3 The Supplementary and other Conditions of the Contract aze those contained in the Project Manual dated , and are as follows: Document Titre Pages § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are identified on Exhibit A, attached hereto. Title of Specifications exhibit: (Table deleted) § 9.1.5 The Drawings aze (Paragraphs deleted) ~.,_ those identified on Exhibit B, attached hereto. (Table deleted) § 9.1.6 The Addenda, if any, aze as follows: Number Date Pages Addendum A 3116/07 3 Addendum B 3/21/07 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid Instructions to Bidders, sample forms and the Contractor's bid are not pan of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Init ALA Document A101lCtYa*"~ -1982. Copyright ®1992 by The American Institute of Architects. All rights reserved. ®ARNINO: This AIA® Document la protected by US. Copyright Law end Intemetlonel Treaties. Unauthortz~ reproduction or distributlon of this AIA Document, or any portion of it, may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possi6ie under the law. This document was praducxrd by AIA software at 1121:47 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. U~r Notes: (4249835892) C i This Agreement is entered into as of the day and year first written above. OWNER CRY OF MERIDIAN, An Idaho municipal corporation lure) ~, w~~L (Printed and title) ~~ ~ ~ (Date) CONTRACTOR ARCffiTECTURAL BUILDING SUPPLY ~.cr-`, o~~%tc~~e~ - ~i~t (Printed name and title)' 5-7-®7 (Date) ~~~,~~~ ~'~ G~~-~ 6-2to oT Exhibits: Exhibit A -Specifications Exhibit B -Drawings: Cold Shell and Core Package Sheets: AO.O,Cl.l ,C1.2, C4.1, C4.2, C4.3, L1.20, A0.O, A0.1 ,A0.2,A.3, A0.4;, A0.5, A2.OO, A2.1O, A 2.20, A2.3O, A2.40, A2.50, A2.60, A3.O, A3.1, A3.2, A3.3, A4.O, A4.1, A4.2, A4.3, A4.4, A4.5, A5.O, AS.lA5.2, A5.3, A5.4, A9.0, A9.1, A9.2, A9.3, S0.O1, S1.01, S1.O2, S2.11, 52.12, S2.21, S2.2, S2.31, S2.32, 52.41, S2.42, S2.5, S3.1, S5.1, S5.2, S7.1, S7.2, S7.3, S7.4, 57.5, 57.6, P0.O, P0.1, Pl.l, P1.1,P2.1,P3.1,MS.O,EI.OS,E1.1S Q<\\\o\tfeuffrr ~~: Exhibit C - Addendum A ~~ '% ®~ ~~ Exhibit D - Addendum B qq~.~® °~ ~a~% v 0 ~ Approved as to Content ~ ~® Attest: _ ~®®,,// ~~ ~ ~ ~ <i~~~w" °~ ~ y B-q . William G. Berg Jr., City CI °°.~v ' ,~`~ t ~ l 9~0~'~''~~/Pdt4fiiPh41V\4VO\~~\. /V Keith Watts, hasing Agent Dated: AIA Dodiment A101/CMeTM -1982. Copyright O 1982 by The American Institute of Architects. All rights reserved. WARNIN©: This AIA® Document is (nit. protected by U.S. Copyright Lew and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, ar any portlon of It, may result in ~vere civil end criminal penalties, end will be prosecuted to the maximum exterrt possible under the law. This document was produced ~ by AIA software at 1121:47 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (4249835692) r~ L f~ e. m Document A101/CMa -1992 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of in the year Two Thousand Seven. ADDITIONS AND DELETIONS• (In words, indicate day, month and year) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Paragraphs deleted) have revised the text of the original CITY OF MERIDIAN AIA standard form. An Additions and 33 East Idaho Avenue Deletions Report that notes added Meridian, Idaho 83642-2300 information as well as revisions to the standard form text is available and the Contractor from the author and should be (Paragraphs deleted) reviewed. A vertical line in the left margin of this document indicates Schindler Elevator Corp. where the author has added 743 McGregor Court, Suite 140 necessary information and where Boise, Idaho 83705-5225 the author has added to or deleted from the original AIA text. This document has important legal For the following Project: consequences. Consultation with an (Paragraphs deleted) attorney is encouraged with resp~t New Meridian City Hall to its completion or modfiication. 33 East Broadway Avenue The 1992 Edition of AIA Document Meridian, Idaho 83642 A201/CMa,General Conditions of the Contract for Construction, An approximately 100,000 square foot, multi-story city hall office building with a Consbvdion Manager-Adviser basement. Editlon, is adopted in this document by reference. Do not use with other The Construction Manager is: general conditions unless this (Paragraphs deleted) document is modified. PETRA INCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 The Architect is: (Paragraphs deleted) LCA ARCHITECTS, P.A. 1221 Shoreline Lane Boise, Idaho 83702 The Owner and Contractor agree as set forth below. AIA Document A101/C[iAeTM -1982. Copyright ®1892 by The American Iruttlfiite of Architects. Ail rlght8 reserved. WARNING: This AIA® Document Is Init. protected by U.S. Copyright Law and brtematlortal Treaties. Unauthoriz~ reproduction or distributlon of this AIA® Document, or any portlon of it, may result in severe civil and ceiminel penalties, emi will be prosecuted to the mexlmum extent possible under the lew. This doctvnent was produces / by AIA software at 14:02:14 on 04/27/2007 under Order No.1000295111_1 which expires on 4/4/2008, and is not for resale. User Notes: (595340922) ~j • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall be the date fixed in a notice to proceed issued by the Owner. (Paragraphs deleted) § 3.2 The Contractor shall achieve Substantial Completion of the entire Work beginning December 3, 2007 and finishing February 29, 2008 per production schedule. (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Wor/~ if not stated elsewhere in the Contract Documents.) Portion of Work The complete work of furnishing and installing elevator systems as noted on the drawings and per the following: Division 1-General Requirements Section 14240 -Hydraulic Elevator Substantial Completion date February 29, 2008 subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) The Contractor acknowledges and agrees that the Owner will suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Documents. The Owner shall have the option to assess liquidated damages against the Contractor (and its surety, if any) in an amount of Five Hundred & NO/100 Dollars ($500.00) per calendar day, for each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and not a penalty. If responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Two Hundred Twenty Thousand One Hundred Dollars & NO/100 ($222,100.00), subject to additions and deductions as provided in the Contract Documents. AIA Document A701/CAAeTM -1992. Copyright ©1992 by The American Inafltute of Arch(tecis. All rights reserved. WARNINt3: This AIA® Document Is Init. protech3d by U.S. Copyright Law end Intemetlonal Trestles Unauthorized reproduction or distributlon of this AIA® Document, or any portlon of it, may result in severe civil and crlminel peneltlea, end will be prosecuh~d to the maximum extent possible under the law. This document was produced / by AIA software ffi 14:02:14 on 04/27/2007 under Order No.1000295111_1 which expires on 4!4/2008, and is not for resale. User Notes: (5g53gOg221 ~i • C~ § 4.2 The Contract Sum is based upon the following alternates, if any, which aze described in the Contract Documents and aze hereby accepted by the Owner. (Paragraphs deleted) § 4.3 Unit prices, if any, aze as follows: Qescription UnOs Price ($ 0.00) ARTICLE 5 PROGRESS PAYMENTS § 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendaz month ending on the last day of the (Paragraphs deleted) month. § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the 25s' day of a month, the Owner shall make payment to the Contractor not later than the 20s' day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than thirty (30) days after the Constriction Manager receives the Application for Payment. § 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents and approved by Construction Manager. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager may require. This schedule, when approved by the Construction Manager, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the shaze of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent (5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5% ); § 5.6.3 Subtract the aggregate of previous payments made by the Owner; and § 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.7 The progress payment amount determined in accordance with Section 5.6 shall be further modified under the following circumstances: AIA Documert A101/CAAa'm -1992. Copyright ®1992 by The American Instltute of ArchftecN. All rights reserved. WARNING: This AIA® Document is Init. protected by U.S. Copyright Law end Intematlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portlon of It, may result in severe civil and criminet penalties, end will be prosecuted to the maximum extent poselble under the law. This document was produced / by AIA software at 14:02:14 on 04/27/2007 under Order No.1000295111_1 which expires on 41412008, and is not for rule. User Notes: (595340922) ~~ § 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ( ; of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and § 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of the General Conditions. (Paragraphs deleted) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Project Certificate for {Paragraphs deleted) Payment. ARTICLE 7 MISCELLANEOUS PROVISIONS § T.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Paragraphs deleted) § 7.3 Temporary facilities and services: (Here insert temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) § 7.4 Other Provisions: (Here list any special provisions a,~`ecting the Contract.) ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. § 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101/CMa, 1992 Construction Manager-Adviser Edition. § 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201/CMa, 1992 Construction Manager-Adviser Edition, as modified and attached hereto as Exhibit § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: AIA Document A101/CAAaTM -1~2. Copyright ©1992 by The American Institute of Architects. All rights reserved. wARNIND: This AIA® Document Is tMt. protected by U.S. Copyright Law and IntemaBorrel Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portlon of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ThGs document was producx3d / by AIA software at 14:02:14 on 04/27/2007 under Order No.1000295111_i which expires on 4/4/2008, and is not for resale. User Notes: (595340922) • Document Title Pages § 9.1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1.3, and are identified on Exhibit A, attached hereto. Title of Specifications exhibit: (Table deleted) § 9.1.5 The Drawings are (Paragraphs deleted) those identified on Exhibit B, attached hereto. (Table deleted) § 9.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum A 3/16/07 3 Addendum B 3/21/07 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form pan of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Document A701/CIYIaTM -1x92. Copyright m 1982 by The American Institute of Architects. All rights reserved. WARNIN©: Thla AIA® Document is ~nlt, protected by U.S. Copyright Law and Intematianal Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in were civil and criminal pe~reltles, and wID be prosecuted to the maximum extent possible under the law. This document was produced / by AIA sofhvare at 14:02:14 on 04/27/2007 under Order No.1000295111 1 which expires on 4/4/2008, and ie not for resets. User Notes: (595340922) ~J This Agreement is entered into as of the day and year first written above. OWNER CITY OF MERIDIAN, An Idaho municipal corporation ~~ d~ (S' tore) (Printed nd title) ~-~ © ~ (Date) CONTRACTOR Schindler Elevator Corp. (Si ~e) o~v~ ~~ ~~ (Printed name and 'tle) _D~90~~ ( a e) ~jajorol/le~ ~ j ~ ~I~.~ b-2~ ~ 7 Exhibits: Exhibit A -Specifications Exhibit B -Drawings: Cold Shell and Core Package Sheets: AO.O,Cl.I ,C1.2, C4.1, C4.2, C4.3, L1.20, A0.0, A0.1 ,A0.2,A.3, A0.4„ A0.5, A2.00, A2.10, A 2.20, A2.30, A2.40, A2.50, A2.60, A3.0, A3.1, A3.2, A3.3, A4.0, A4.1, A4.2, A4.3, A4.4, A4.5, A5.0, AS.lA5.2, A5.3, A5.4, A9.0, A9.1, A9.2, A9.3, S0.01, 51.01, S1.02, 52.11, 52.12, S2.21, S2.2, S2.31, S2.32, S2.41, 52.42, S2.5, S3:1, S5.1, S5.2, S7.1, S7.2, 57.3, 57.4, 57.5, S7.6, P0.0, P0.1, Pl.l, Pl.l, P2.1, P3.1, M5.0, E1.OS, E1.1S Exhibit C -Addendum A Exhibit D - Addendum B `~~~~`~~ ~, I~ t J ~~ ~``°~e,~ Approved as to Content ~ C~' a`°P~ ~~ Attest: ~ ~_ /~- ~~ ~ ~ William G. Berg Jr., City Clerk `~~ ~p ~~~ , ~ ~~+ .` ~~ .~ Keith Watts, Purchasing Agent Dated: ~Mt. AIA Document A101/CMaTM -1992. Copyright O 1992 by The American Instltute of Architect. Ail rlghffi reserved. WARNING: This AIA® Document is protected by U.S. Copyr[ght Law and International Trestles. Unauthorized reproduction or dlstributlon of this AIA® Document, or any portlon of it, may result In severe civil end criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document was produces / by AIA software at 14:02:14 on 04/27/2007 under Order No.1 0002951 1 1_i which expires on 4/4/2008, and is not for resale. User Notes: (595340922) ~y June 22, 2007 FP 07-019 MERIDIAN CITY GOUNCIL MEETING June 26, 2007 APPLICANT Landmark Development Group, LLC ITEM NO. 8 REQUEST Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No. 1 -SEC of Eagle Road and Ustick Road. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached StaiF Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: 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: fDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST' OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings sFKdl become property of the City of Meridian. June 22, 2007 FP 07-020 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Landmark Development Group, LLC ITEM NO. 9 REQUEST Final Plat approval for 16 commercial building lots S~ 1 common lot on i 7.348 acres in a C-G zone for Gateway Marketplace Subdivision No. 2 -SEC of Eagle Road and Ustick Road. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: see attached staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mater~is presented at pubNc meetMgs shall become property of the City of Meridian. June 22, 2007 CPA 07-003 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPtICANT City of Meridian Parks 8~ Rec Department ITEM NO. 10 REQUEST Continued Public Hearing from June 5, 2007 -- Reques# to amend the Comp Plan Future Land Use Map by adding & amending pathway locations for the Pathway Comprehensive Plan Amendment 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: 1DAH0 POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Previous Item Packet /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubflc rneeHn~s shall become properly of the City of Meridian. June 22, 2~7 MERIDIAN CITY COUNCIL MEETING APPLICANT June 26, 2r~?7 ITEM NO. ~ ~ REQUEST Public Hearing -Parks Master Pathway Plan 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 DEFT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Previous Item Packet /Minutes Contacted: Date: Phane: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Merman. June 22, 2007 PFP 07-001 MERIDIAN CITY CQUNCIL MEETING June 26, 2007 APPLICANT Walker Homes, IrtC. ITEM NO. 12 REQUEST Public Hearing -Request for aPrelim/ Final Plat approval to subdivide Lot 13 Block 3 of Vollin Courts Subdivision to crest two (2) new lots for Beneway 2673 North Ridgebury Avenue: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Pd~Z item Pack®t f Minutes See Ailached Recommendation from P&Z MERIDIAN ROST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shall become properly of the City of Meridian. June 22, 2~7 PFP 07-002 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Doug Tamura REM NO. 13 REQUEST Public Hearing -Request for a Combined Prelim/ Final Plat to subdivide Lot 4, Block 1 Devon Park Subdivision No 2, to create two new lots for Devon Park North -- 19b0 North Lakes Place: 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 GA5: MERIDIAN POST OFFICE: OTHER: COMMENTS See PB~Z Item Packet /Minutes See AtFached Recommendation from P&Z Contacted: Date: Phone: Emailed: Staff lnitialr. Materials presented at pubpc meetings shall become properly of the Ctfy of Meridian. June 22, 2007 RZ 07-007 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT M©ria Vanbragt ITEM NO. 14 REQUEST Public Hearing -Request for a Rezone for 0.19 acres frorr~ t-L to O-T zone far the property located at 305 W. Broadway Avenue for Vanbragt Property -- 305 W. Broadway Avenue: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See PAZ Item Packet /Minutes See Attached RecomntendaHan from P&Z MERIDIAN POST OFFICE: OTHER: See attached Afl~davit of Posting Gontacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at pubik meeiings shall become property of the CNy of Meridian. June 22, 2007 MERIDIAN CITY COUNCIL MEETING June 26, 2007 ZOA 07-001 APPLICAM City of Meridian Planning Department REM NO. 16 REQUEST Public Hearing -Request for a Zoning Ordinance /UDC Tent Amendment to modify, clean up and add specific sections to the UDC for Unified Development Code Text Amendment #2: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: GIN FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY WIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See PtltZ Item Packet /Minutes Ses Attached Recommendation from PAZ Contacted: Date: Phone: Emailed: S#aff Initials: Materials presented at public meetings shag become properly of the City of Meddfan. June 22, 2007 AP 07-004 MERIDIAN CITY COUNCIL MEETING June 26, 2~7 APPLICANT Sherer & Wynkoop, LLP REM NO. 17 REQUEST Public Hearing -City Council Review for an Appeal of the approved CUP 07-004 to allow for the operafion of a drinking establishment in an O-T zone for the Busted Shovel - 704 N. Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Commenf 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 shag became property of the CHy of Meridian. • June 22, 2007 Department Report MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Parks Department ITEM NO. 6-A-1 REQUEST Update on After School Pilot Program with Meridian Middle School: 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 ~~ ~, Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. • • June 22, 2007 Department Report MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Legal Department ITEM NO. 6-8-1 REQUEST Approve SWAC Funding recommendation for Meridian Academy for the purchase of picnic tables and benches for $1500.00: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Memo /Application Contacted: Date: Emailed: Phone: ~rarr inmais: Materials presented at pubUc meetings shall become property of the Cffy of Mertdlan. • . Page 1 of 1 Sharon Smith From: Symantha Miller [symiller@sscwaste.com] Sent: Thursday, June 21, 2007 3:40 PM To: Sharon Smith Cc: Will Berg; Bill Nary Subject: Agenda Item Attachments: Boys ~ Girls Club.doc; Meridian Academy.doc; B8~G Club Addendum.doc; Drawing of proposed sculpture-840.jpg The Solid Waste Advisory Committee reviewed and recommends funding for the following applications: Meridian Academy, $1,500.00 for the purchase of picnic tables and benches. Boys & Girls Club of Ada County, $2,630.00 addendum for the creation of a statue and benches made from metal collected during a neighborhood clean up. Please place these items on the agenda for the City Council to review on June 26, 2007. I have attached the review forms and a copy of the B&G Club application, and will fax copies of the Meridian Academy application for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 888-3999 6/21/2007 • Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following recommendation regarding distributing expenditures from the Community Recycling Fund. Organization: Review Date: Meridian Academy June 21, 2007 2311 East Lanark Meridian, ID 83642 Amount Requested: Proposed Project: $1,500.00 Benches and Picnic Tables Amount Awarded: Application Date: $1,500.00 June 1, 2007 Date Presented to Council: Reviewed By: June 26, 2007 Ashley Williams Tax ID # Jaycee Holman 12128E821 Charlie Rountree Reason for variance, if applicable: Josh Maus Notes: Charlie Rountree Date ®6-21-'®7 15:46 FBOM-SSC • 2088885052 • T-992 PO®2,1p®7 F-?68 Community Recycling fund Application This application is to be completed by orgtrnizdtlons applying for community recycling funding. Please note: We ccrn only consider appQcations for projeNs within Meridian tiq+ IhnHs; which pertain to recycling; which have p t:1 matchMg component; and which contain recycled content R oppncabie, A sign must be placed on or near the project stating that it was funded In port by the Meridian curbside recycling prograrm. please return completed application to Sanitary Services, Ca. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052. Organization Name Meridian Academe Address ~c~nark City ~eridia . State Idaho zip code 8642 Contact Name and Title Pam Rebus 1 ibrarian & Jeremy Whitman T~nr~her Phone Number 855-4315 _ Fax Number 855 4324 Describe your organization's purpose. Attach additional sheets if needed. Meridian Academy is a school of CHID{CE It emphasiz~a• rr-a~.~~t~- Honor Op uni Inaui~,, Community and Excellence. Describe the community recycling activity you would Tike to hpve supported. Attach ttdditignpl sheets if needed. Please provide manufacturers information for the items to be used in the protect. Total funds requested $1.500.00 Total estimated cost of project _3.000. Describe haw the community recycling Punds w111 be used, the schedule for the project, and hqw the 1:1 matching contribution will be detemnined. Attach additional sheets if needed. The community recyclinn funds wiA be used to riur hasQ ecycly~ ~i~dSi'of and jar rniture for Meridian Academy. The school wit! match the funds from Its b_u_daet The rratect schedule_ Mav 2007: submit grant Ser~tember 2007' purchase recycied fumitur~ ©ctober 2~7• install recycied furniture and sisanYdeaiicy~Ay with entire ~htd gttsff Describe the signage that will be used, {plaque, standing sign, etc), and the location. Attach additional sheets if needed, We would Tike the sign to read: (insert appiicontt ihonks the citizens at the City of Meridian for their etrorts thenugh the Curbside Recycling Program to help fund this Onsert rirotectl, EST. (h~sert vearl (We must hove a signature to process !your request) Signature of contact Perro~~ note G= /- ~ 06-21-'07 15:46 FF~OM-SSG ~ 2088885052 Badger. S Recycled Plastic Walk Thru Ptcnic Tables t$ $568.0 $1704.00 2 Recycled Plastic economy Park Benches ~ ~ ~ 3 Recycled Plastic Plank Park Bench ~ $1$0.00.540.00 gstimateti shipping = $186.00 Total ~ 53,000.00'~A9~O.Qa Amount requested from grant ~ $1800.00 ~1'~~O.oo . T-992 P0031007 F-?68 .~~QM.1! 1+~1i'~ ~'~~4~ Orr .Iv.wa S. ~1~.c 6r~-d p~,-~r ~}I.~ Wren tet e`er `~"I~e Ec°~°"~„~ ark +~~.l~.es;. 06-21-'07 15;46 FF30M-SSC 2088885052 • T-992 P0041007 F-768 ~,~uy4lcu .CIQi.`4611: W bill Lluu rl1:l,AA1r ~1IGp i ravyulru i't4~lAl+ ~'l'i~~iC a age t ut e o P e 0 0 0 0 p- p O u T D !I~,~ 5 ° ~~~r„1 ~ t Home ~ Free Cataiag ~ About Us ~ Contact Us ~ FAAs ~ Site Map ®[~ mods Recycl®d Plastic Walk Thru Picinic Tables Made of 100% recycled plastic top and seat planks, and a galvanized steel understructure for added strength and support. Strength and stability are hallmarks of this Ilea of well built recycled plastic picnic tables. The walk-thru design provides comfortable easy access -great for those heavy use areas! A great addition for local parks, downtown areas, and outdoor eating facititles. The all- plastic design and solid construction are mad® to withstand herd use and provide a durable table that will main~in its appearance year after year. Colors cedar brov~n gray Click Here for Dimenston$ Matching Product 1 ADA Ptcnic Table ENTER QUANTiTIE8 FOR THE ITEM{S) YOU WOULD LIKE TO ORDER P-28X Top/Seat Colar ~ Colored Freme ~ (366 Ibs) $817.00 Racveled Plastic Walk Yhru Plcnlc Table - 4' Tots 8 Beats Qty P-2~4 Tap/Sei~t Calor Black Frame {2g9 Ibs) $501.00 P-24X (2981bs) $b41.00 Feature Buying + • craw Barbed Barb Bik$ Ra Bleache 9ua Stc c Fire Rin Food $e Park Be Park Dr Petio ~ { Peded B Picnic T Pianter~ Poai Fu SanitatH sports >: Trash R Umbrell Univ®rs •Brow Concret Plaatiso Resin Metal i ~ Wood http:Uwww.belsQn.com/rpwtpt.htm 6!1!2007 Cedar lop & S®ats ~ Black Freme 6' Watk Thru Picnic Table gray Tap & Seats ~ Black Frame 06-21-'07 15;46 F}30M-SSC t a~~.~y~t~.u a tas-ta, a:wttuttty a caat~ uti~ 2088885052 ~ T-992 P005I007 F-768 ~ u~~ a va 8~4~ i //,, O ° I A O A ~~ ~ O O U T D d, S ~~~~ Home ~ Free Catalc~ ~ About Us ~ Contact Us ~ FAGte ~ Site Map ~ ~ made Rec clad Plastic ~conom Park Bench Weekly y y Feature This economy park bench is constructed of r3uying maintert>~nce-free 100% recycled plastic with a classic architectural form. This product will ~ Brow: add lasting class and beauty to your upscale Barbeo~ park, office, common area or atrium. All Barbed stainless steel fasteners. Available in the colors shown below. Banque Bike Ra Click Below far More Information Bieache Pt,SBWB-P Dimensions sue Sto Please ind{eeate your colorchoioe dark 9reY cedar black ENTLR QUANTiT1ES FQR XHE ITEM{8) YOU WOULD LIKE TO ORDER 'l.SBWB-P 3 Leg Frames Beck/Seat Color ~ Black Frame (700 Ibs} $245.0 ;Prices F.O.B. Origin) ' Some Assembly Required Add to Order Form Review Order Form ~~ Previous Copyright and Disclaimer ®1993-20D7, Belson t~utdoors, lnc, N~~ . ,. • ' ~. ' Product Product .:~ ,..,, ~ ~.u a ,. ., $hop Cart ~ Home (Free Catalog ~ Atrout Us j Content Us j FAQs j Site Map ( 111 North R1ver Road ~ North Aurora, it 80842 ~ {800} 323.8864 ~ Fax: (830) 887-0573 ~ sates®belson.com Drinking F'lre Erin 1=004 S4 Park Bo P$rk Gr Parking patio I Pedal B Picnic T Planterr Pool Fu Sanitati~ Sports E Trash R Umbreli Univere Brow Concret plaetieq Fiestn Metal i r blond bttp:J/www.belson.com/rppbeb.k~t~nn 6/ 1/2007 PLS6WB-P ~ Csdar Seat ~ Black Fram® 06-21-'07 15;46 F1~OM-SSC 2088885052 np4yuxeu rl~u~ ria,u. resin rseiiuii~~,tiVyclCU rl~uc.rrtunfr . T-992 P006/007 F-768 1'Ei~tC 1 U'1 L ~~~~~~ ~ 4 00 ~ • p oulty s '~ ~ . Home ~ Free Catalog ~ About tJs ~ Contact Us ~ FAQs ~ Site Map ®a,, mode RRCyC~~d Plastic Plank Park Benches Feature Combine the strength of recycled plastic back and seat planks with a 2-3/4° thick molded frame and you have a park bench with the rugged durability that many outdoor scenarios demand. The 4' model has 2 frame legs, the 6' model has three frame tags, the 8' model has four fram® legs. All stainless steel fasteners are included. Available in the colors shown below. Cliclt 13eiow for Moro Information PL8-P Dimensions PL8-P Dimensions PLBNB-P Dimen+slont3 PL8N8-P Dimensions PiQase Indicate your color choice I_"r- t~y.4r ~ e~ gray sand w+~athered cedar wood groan brown black E~uyinq , • Brow: Barbed Barbac~ Banque E3ike 12m E3ieache Bus 3to Cigarett Fire Rin Fond $e Park E3e Park Dr Patio : C Penal E3 Pfcnlc T Pianter~ Pool Fu Selnitatl, Sports E Traeh R Umbrell tJnivers ~ Brow ENTER QUANTITIES FOR THE tTEM(3) YOU WOULD LIKE TO ORDER Concret Recycted Plastic Park Bench !With Back Qty Plaatiso PL4-P 4' - 2 Frames Back/Seat Color Frame Color (g8 Ibs) $180A0 Recyaiv PL4-PC 4' - 2 Frames Back/Seat Color Custom Frame Color (!38 Ibs) $ZO$AO Resin Metal I ~ PL6-P 8' - 3 Frames Back/Seat Color Frame Color (147 Ibs} $288.40 Wood PL6-PC 6' - 3 Frames Back/Seat Color - Custom Frame Color (147 Ibs} $313.50 PL8-P 8' - 4 Frames Back/Seat Color Frame Color (198 Ibs)$380.00 Pi.$-PC 8' - 4 Frames BacklSeat Color Custom Frame Color (186 Ibs) $386.00 Recyclad Plastic Park Bench I No Ba'tck Pl.4NB-P 4' - 2 Frames Seat Color Frame Color {54 Ibs}$125.00 http://ww~~+.belsaz~.comlrpb2.htm 6/~/200T~~~f~ PL8-P ~ Cedar Top and Seat ~ Blaek Frame PLBNB-P I Gedar Seat {Brown Frame 06-21-'07 15;4? F80M-SSC ~ 2088885052 ~ T-992 P007/007 F-768 4 p~i4~'4AGbt ~ ACWAAV ,[ AQAAAI, I'i{AAk .A~GAAVA Gtiy{+1G11 rAi'15iUL ~'iM111C rtigG t U1 L PLaNB-PC 4' - 2 Frames Seat Color ~ ~~~ ~ Gustom Fr®me Color , ~• , (84 Ibs) ~13T.50 PL6NS-P 6' - 3 Frames Seat Color • ~ ~ Frame Color (86 ibs)$180.00 PLBNB-PC 6' - 3 Frames Scat Color Custom Frame Color (96 Ibs) 198.00 PL$NB-P $' - 4 Frames Seat Color Frame Color ~ {108 Ibs)$2~40.00 PLBMB-PC 8' - 4 Frames Scat Color Custom Frame Color (108 Ibs) $264.00 (Prima F.0.8. Orin) Some As®embly Required Add to Order Form Review artier Form ,,,,~ ~ Previous Copyright and Dleoiatmer ~ 1993-200T, Belson Outdoors, inc. NeX! - • ~ ~ --• Shop Cart ~ Home (Free Cetelttg ~ About Us ~ Contact Us ~ FAQs ~ 3fte Mep 111 North River Road ~ North Aurora, IL 80642 ~ (800} 323.61364 ~ Fex: (630) $97-0873 ~ eales(i~belscn.com Fr C htt~:/lwww.belson,aom/r~rb2.htm 5/1/007 i June 22, 2007 Department Report MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Legal Department ITEM NO. 6-B-Z REQUEST Approve SWAC Funding recommendation for Boys & Girls Club of Ada County for an addendum of $2630.00 for the creation of a statue and benches for Centennial Park: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Memo /Application ~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Sharon Smith From: Symantha Miller [symiller@sscwaste.com] Sent: Thursday, June 21, 2007 3:40 PM To: Sharon Smith Cc: Will Berg; Bill Nary Subject: Agenda Item Attachments: Boys & Girls Club.doc; Meridian Academy.doc; B8~G Club Addendum.doc; Drawing of proposed sculpture-840.jpg The Solid Waste Advisory Committee reviewed and recommends funding for the following applications: Meridian Academy, $1,500.00 for the purchase of picnic tables and benches. Boys & Girls Club of Ada County, $2,630.00 addendum for the creation of a statue and benches made from metal collected during a neighborhood clean up. Please place these items on the agenda for the City Council to review on June 26, 2007. I have attached the review forms and a copy of the B&G Club application, and will fax copies of the Meridian Academy application for the Council to review in advance. Thank you, Symantha Miller Sanitary Services Co. 888-3999 6/21 /2007 C7 Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following recommendation regarding distributing expenditures from the Community Recycling Fund. Organization: Review Date: Boys & Girls Clubs of Ada County, June 21, 2007 the Meridian Unit 201 E. Idaho Ave. Meridian, ID 83642 Amount Requested: Proposed Project: $2,630.00 Statue made from Neighborhood Clean Up scrap metal -Addendum Amount Awarded: Application Date: $2,630.00 June 19, 2007 Date Presented to Council: May 26, 2007 Reviewed By: Ashley Williams Tax ID # Jaycee Holman # 82-0481687 Charlie Rountree Notes: Josh Maus Charlie Rountree Date Sanitary Services Company Recycling Grant Addendum Please attach this addendum request to the 2006 Recycling fund grant proposal submitted by Joey ~chueler to erect a historical sculpture in Centennial Parr 06-19-07 -Additional matched funding request - $2,630.00 Let me begin by saying thank you for granting us the $7,740.00 match needed to implement our plan for a sculpture in Centennial Park. The clean up event was highly successful, securing many tons of recyclable material and removing many tons of waste. It was wonderful to see Meridian's community pull together. At that time, we were still looking for a donor to provide the remaining $5,260.00 to complete the entire revenue needed to complete this $20,000.00 art project. Since that time, through the caring community support of the Chamber of Commerce and Leadership Meridian, significant funds have been raised to meet the required amount for a matched funding request from the SSC Recycling Program Fund. Please accept this request in the amount of $2,630 to complete our revenue needs for the completion of the historical monument in Centennial Park. I have spoken with the Meridian Historical Society to ensure that the historical accuracy of the statue has been considered and have also met with the Meridian Arts Commission to present this community collaboration and request their support in honoring this art sculpture and publicizing a ribbon cutting in collaboration with the Meridian Chamber of Commerce some time in September or October depending on the statue's completion status. Various media sources have told me to inform them of the ribbon cutting for a follow up story and we are scheduled to perform our second annual "Old Town Community Clean Up" in collaboration with SSC next weekend to continue ensuring that this community knows what can be accomplished when we work together. It is the hope of this coordination team that the historical sculpture in Centennial Park will be a lasting reminder of the strength of this community. Thank you for your consideration and the opportunity this fund creates! In service to youth, Joey 5chueler Unit Director Boys & Girls Clubs of Ada County (208) 888-5392 A~7 ^~ ~~. .~. ~i June 22, 2007 MERIDIAN CITY COUNCIL MEETING June 26, 2007 AP 07-05 APPLICANT Todd Mendel ITEM NO. ~ S REQUEST Public Hearing - Ci#y Council Review for an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sign - 1640 W. Cherry Lane, Suite 100 (Lot 2, 81ock 1 of Cherry Crossing Subdivision) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: Mo GotnmeM CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY WIGHWAY 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 prese~ed at public meffitings shall become properly of fhe CHy of Meridian. • • June 22, 2007 AZ 05-018 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT JLJ Enterprises, Inc. ITEM NO. 19 REQUEST Ordinance No. 0 -1186B : Amendment to Ordinance No. 05-1186 and 05- 1186A for correction of legal description: Request for Annexation and Zoning of 29.18 acres to r-4, R-8 & R-15 zones for Westborough Square Sub. -SEC Jericho 8~ Chinden AGENCY COMMENTS CITY CLERK: See Attached Amended Ordinance CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ` n CITY PARKS DEPT: ~ U (f~/, u ~l 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. ADA COUNTY RECORDER J. DAVIQ NAVARRO AMOUNT .00 14 BOISE IDAHO 07106!07 10:~ AM DEPUTY Bonnie Oberbilitg III IIIIIIilllllllllllllllllllllll I III RECORQEQ-REQUEST OF Meridian Cf1y 1 E~7~95'~'~S CITY OF MERIDIAN AMENDED ORDINANCE NO.O7-1186 B AMENDING ORDINANCES NO.OS-1186 & 05-1186 A BY THE CITY COUNCIL: BIItD, BORTON, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE REVISING THE LEGAL DESCRIPTION AND MAP (AZ-05-018 WESTBOROUGH SQUARE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NE 1/ OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-2 (RURAL LOW DENSITY RESIDENTIAL), R-4 (LOW DENSITY RESIDENTIAL), R-15 (MEDIUM HIGH DENSITY RESIDENTIAL), AND L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Descriptions herein incorporated by reference as Exhibits "A" are 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: STETSON PROPERTIES, LP; JLJENTERPRISES, INC.; JOINT SCHOOL DISTRICT NO. 2; and THE CITY OF MERIDL4N. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT and R-6 (Ada County) to R-2 (Rural Low Density Residential), R-4 (Low Density Residential), R-15 (Medium High Density Residential) and L-O (Limited Office District) in the Meridian City Code. AMENDED ORDINANCE FOR ANNEXATION OF A~05-018 WESTBOROUGH SQUARE SUBDIVISION Page 1 of 3 SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~b'~ day of ~(/~r-~ 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z~~ day of 'J ~~- 2007. AMENDED ORDINANCE FOR ANNEXATION OF AZr05-018 WESTBOROUGH SQUARE SUBDIVISION Page 2 of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) MAYOR ~~, , . , de WEERD ~.ry, ;r .?~., ~~~' f"`i ~~ ~, CITY CLERK ~' ~: 9 ~.. ti ~: ~~l1itl9461941e1~,j4 On this ~~ day of ~Ur~ , 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. ®o~~srea~ (SEAL) ; `S, O T~j °°-`;~',~: • J1S ~~ ~ `,'~. s . ~ . . ~ . r ~ ~ ~ • • ~a ®~ ~ ~ • °aw®.• OTARY PUBLIC FOR IDAHO RESIDING AT: rrt 1r! - r - i ~-~ MY COMMISSION EXPIRES: 1U-t !-~ 1 AMENDED ORDINANCE FOR ANNEXATION OF AZ-OS-018 WESTBOROUGH SQUARE SUBDIVISION Page 3 of 3 PARCEL DESCRIPTION Fro3eet: Westborough Subdivision Annexation Pro3ect No: 32941 Annexation Legal May 30, 2007 A parcel of land being all of lots 1 through 8 of Westborough Subdivision, as filed in Book 87 at Page 9884 of Plats, Records of Ada County, Idaho, and a portion of Jericho Road, and a portion of the northeast %a of Section 30, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, move particularly described as follows: COMMENCING at the found 3.5" brass cap, comer record no. 8953713, marking the northwest corner of the northeast'/< (north''/o comer) of said Section 30; Thence South 89°51'35" East coincident with the north line of the said northeast''/a of Section 30, a distance of 1292.00 feet to the intersection of the said north line of northeast '/a of Section 30, and the centerline of Jericho Road; Thence South 00°29'56" West coincident with the centerline of said Jericho Road, a distance of 40.00 feet to a found S/$" rebarJcap PLS 4431 and the POINT OF BEGINNING; Thence South 89°51'35" East parallel with and 40 feet southerly of the said north line of the northeast''/a of Section 30, a distance of 603.69 feet to a found 5/8" rebar/cap FLS 4431; Thence South 00°3T36" West coincident with the easterly boundary line of said Lots b and 7 of Westborough Subdivision, 450.02 feet to a found 5/8" rebar/cap PLS 4431; Thence South 89°Sl'35" East coincident with the northerly boundary line of said Lot 7 of Westborough Subdivision, 237.62 feet to a found 2" aluminum cap PLS 5461; Thence South 17°19'14" East coincident with the said easterly boundary line of Lat 7 of Westborough Subdivision, 344.32 feet to a found 5/8" rebar/cap PLS 4431; Thence South 89°52'57" East coincident with the said northerly boundary line of Lot 7 of Westborough Subdivision, 394.49 feet to a found 5/8" rebar/cap FLS 4431 and the east line of the said northeast '/a of Section 30; Thence South 00°3T40" West coincident with the said east line of the said northeast '/a of Section 30, a distance of 510.03 feet to a found 5/$" rebar/cap PLS 4431, marking the southeast currier of the northeast'/e ofthe nord~east'/a (north 1/16 corner) of said Section 30; Thence Morth 89°49'03" West coincident with the southerly boundary line of said Lots $ and 7 of Westborough Subdivision, 1314.01 feet to a found S/8" rebar/cep PLS 4431, marking the southwest comer of the said northeast %a of the northeast'/a (NE 1116 corner) of Section 30; Thence continuing North 89°49'03" West, 25.00 feet to the centerline of Jericho Road; May 30, 2007, 3'PF Page 1 oft P:\J1,.T Enterprises\0329411SurveylDocuments\L.egatslAnnex.dac Thence North 00°29'56" East coincident with the said centerline of Jericho Road, 1287.35 feet to the PUINT OF BL~GINNING. The above described parcel contains 1247108 square feet or 28.63 acres, more or less. Together with and subject to covenants, easements and restrictions of record. The basis of bearings is South 89°S 1'35" East from the found 3.5" brass cap, corner record no. 8953713, marking the northwest corner of the northeast '/ (north ''/e corner} of said Section 30, and the found 3.5" brass cap, corner record no. 101052b35, marking the northeast corner of Section 30, both in Township 4 North, Range 1 East of the Boise Mexidian, Ada County, Idaho, i ®'j ~~ 1`}0 '~ p YIRI` ftSY ~A~ `P, ~ ~F~~ ~ WORKS flEPTtC May 30, 2007, TPF Rage 2 oft F.ULJ Enterprises~o329411SurveylDocumentsU,egalslAnnex.doc E.XI3'I.BI T MAP .F'OR WESTBORO UGH SUBDIVISION ANNEXATION T~ESTBOROUGH SUBDIVISIONRAND APPORTION OF THE NE 1,/4 OF SECTION 30. T4N, R 1 E, B.M. , ADA COUNTY, IDAHO 1 N s~~in~ 1V~T TO S!.•d J.Ti.' I'ACIF'IC l~g~so a o~nee~a7 et (~~'saz-°o~o •.~.,~ ~EVIE /q~p~IVAL BY ll..~~ MAY ~ :'- ~~n ~ WORKS DEPT.tG 1072 s s~~~ r ~'~ qT£ OF ~~~~ ~~S P. Fdi a PARCEL DESCRIPTION June 5, 2007 Project: WESTBOROUGH SQUARB {R 15) Project No.: 32941 A parcel of land being a portion of Lot 6, Block 1, Westborough Subdivision, recorded at Page 9884, 9885, and 9886, Book 87, Instrument #103166998, Ada County Recorder's Records, located in the northeast % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, referencing Westborough Subdivision, more particularly described as follows: COMMENCING at the northeast comer ofsaid Section 30, marked by a 3.5" brass cap, comer record #101052635; Thence North 89°5I'3S" West coincident with the north line of said northeast'/< of the northeast % of Section 30, a distance of738.22 feet; Thence South 00°37'36" West, 40.00 feet to POINT OF' BEGINNING; Thence continuing South 00°37'36" West, 440.02 feet; Thence North 89°30'04" West, 322.87 feet; Thence North 00°29'56" East, 99.73 feet; Thence North 22°47'49" East, 142.07 feet; Thence North 00°08'25" East, 207.15 feet; Thence South 89°51'35" East parallel with and 40.00 feet southerly of said north line of the northeast'/a of the northeast''/a of Section 30, a distance of 271.25 feet to the POINT OF BEGINNING; The parcel above described contains 2.92 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for the above description is North 89°51'3S" West beriveen the 3.5" brass cap {corner record #101052635} marking the. northeast comer of Section 30 and the 3.5" brass cap (comer record #8953713) marking the north '/< corner of Section 30, both in Township 4 North, Range l East, Boise Meridian. ~~0 Travis P. Foster P.L.S. ~~ Q,~~,,.. ,, ~ End Description. to Rf:VI P , I~OVAL BY ~'~?~ ~~ '~ ~s a, ~~a~~ 0 ~ 2~a~ MERIDIAN PUBLIC WORKS DEPT. SKETCH F©R .LX~IBIT A REZONE - .LEGAL DESCRIPTION A PARCEL OF LAND BEIIV[~ A PORTION OF LOT B, BLOCK 1, jPESTBORDUGH b"TJBDIVISIOIIT LOCATED I1V 7'g`E NE t/4 OF SECTION 90, T. 4 N., R. t E., B.~ , CITY OF ~'RID1'AN, ADA COiJNTY, IDA8O 8007 FND. 5/8" REBAR/NO CAP ,~ 8 ~;E 1/1s coR SE'C. is/3o a3O 1317.00' $~-- FND. BRASS CAP CORNER RECORD # 8953713 CHINI~EN N8931'25"W SOULE'~ARD .i @~o - - --too-~iss 22' -3D 2@ I~ FND. BRASS CAP 3 ~ CORNER RECORD ~ 101052635 ^ a CALCULATED POINT. NOTtifNG SET 9330 8. Opvyliee S'i:. Boise, IdaI~o 83706-4788 {2na)s4z-coon RVEVI PP VA6 {sos)ssa-ease ~ wbpecd8acom Plenaere . &ngtaeere . 3twegora~ . Le~idaaepa .4roLHsola ~ ~ ~~~~ MERID{AN 1 N t;RlD NORTH I.S P.C.S., WEST ZONE NOT TD SCALE WORKS DEPT. PARCEL DESCRIPTION June 5, 2007 Project: WESTBOROUGH SQUARE {L-O) Project No.: 32841 A parcel of land being a portion of Lot b, Block 1, Westborough Subdivision, recorded at Page 9884, 9885, and 9886, Book 87, Instrument #103166998, Ada County Recorder's Records, and a portion of Jericho Road, located in the northeast %a of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, referencing Westborough Subdivision, more particularly described as follows: COMMENCIlYG at the northeast corner of said Section 30, marked by a 3,5" brass cap, corner record #101052635; Thence North 89°51'35" West coincident with the north IIne of said northeast %a of the northeast'/a of Section 30, a distance of 1049.81 feet; Thence South 00°08'25" West, 40.00 feet to the POINT OF BEGINNING; Thence continuing South 00°08'25" West, 207.15 feet; Thence South 22°47'49" West, 142.07 feet; Thence South 00°29'56" West, 99.73 feet; Thence North 89°30'04" West, 279.82 fect to the centerline of Jericho Road; Thence North 00°29'56" East coincident with said centerline of Jericho Road, 436.24 feet; Thence South 89°51'35" East parallel with and 40.00 feet southerly of said north line of Section 30, a distance of 332.43 feet to the POINT OF BEGINNING; The parcel above described contains 3.14 acres, more or less, Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for the above description is North 89°51'35" West behveen the 3.5" brass cap (corner record #101052635) marking the northeast comer of Section 30 and the 3.5" brass cap (corner record #8953713} marking the north %s corner of Section 30, both in Township 4 North, Range 1 East, Boise Meridian. k~ Q~- a Travis P. Fos er P.L.S. End Descr' tion. s~ REVIE PP AL l~9rE Oi sv 4~~5 P. .~°~!m ~ ~ J 200 t~~1ERIDIAN PUBLIC 1~/ORKS DEPT SKETCH FOR EXHIBIT A REZDNE -- LEGAL DESCRIPTION A PARCEL OF LAND BEIN't# A POR3'ION OF LOT @, BLOCK 1, WBSTBOROIJG.H SUBDIViTBION AND A PORTYON OF JBRICHO ROAD LOCAT.@D IN THE NB 1/4 OF 6ECTION JO. T. 4 N.. R. t Pt., B.M.. CITY OF MERIDIAN, ADA COUNTY', IDAS'O .8007 FND. 5/8" REBAR/WO CAP 19 E 1/16 COR. SEC. 19/30 8- -- -~- --- --6 ~ 30 1317.00' FND. BRASS CAP CORNER RECORD ~ 8953713 Q a 0 3130 S. 13w,~ Boise, Idehi (sne)asa-s4oa (eoe~asa-~ Hhpaaftta.aom Pleanera .~'agtr~eere btiuv®yore Ianu~epe ArohiteoEs CHINDEN BOULEVARD s s I zo 1J89'.51'95"W w 9 PARCEL DESCRIPTION March 28, 2005 Protect: WESTBORauC$I SiIBDTUISION Project No-: 34363 LaT7 ZONER-4 A parcel of land located m the Hartbeest Y of Section 30, Township 4 North, Range 1 East, Borse A2erid~o, ,~ County, Idaho, referencing VYestboraugh Subdivrskm, recorded at Page 9884, 4885, and 9886. Beak 87, last X203166998, more pazticxtlarly described as tbHaws: COMlMENC1NG at the 3S' brass qp, corner recerd #101052636, marking the northeast comea~ ofsaid Section 30, Trace North 89°51'35" Wit coLrcide~ with the ,north lice of said rinrtheast'la a dislanrs of I34I.7S feet to the centerline ofN Jericho Road; Theuce 5ottth 00~9'S6^ West conncideat with the centerline of N. 7encho Read, 123735 feat to Ore POINT OF BEG)lYNll•TG; Thence South 89°44'03" East 50.24 feet Ea a 518^ rebatlrnp PIS 5461 ~rldag the beginning ofa tangent curve; Thence 65.4'7 feet along the arc of said crave to fire nghk wing a central angle of 1'8°02'04" a radius of 248.00 feet, subtended by a chard bearing South 80°48'02" East, 6320 feet to a 5/8" mbadcsp PLS 5461; Thence South 71°47'OI"East, 65.73 feet ffi u 518^ re6ar/gyp PLS 5461 aaarkmg the begiming of a tangent curve; Thence 60.43 feet along the etc of said crave ro the right having a ca3nirat angle of 18°01'58" a radhra of 192.00 feet; subtended by a chord bearing South 84°48'42" Fast, 6D.I8 feet to a 5/8" rebarlcap PLS 5461; Thence South 89°$4'03" Bast, 71.83 feet to a 5/$° rebadcap PIS 5461 madaHg the southeast comer of Lot 1, Black 1 of said Weatboraugtt Subdivisron; Thence North 00~9'S6"Erik 799.4L feet oo a 518^ rebadcap PLS S46fl a~rkEng t6s Horthesst comer of Lot 7, Black 1 of said Westborough 5ubdivlsion; Thence 5onth 84°30'04" Bast; 244.20 fcet to a S/8^ rebadcap PLS 5461 marlong tEts soadreast comer of Lot 6, Block i of said Westborough Sabdivrsion; Thence Saudr 00°37'36" West, i0.00 feet to a 5/8" rebar/rnp PLS 4431; Thence South 89°51'35" East, 237.62 feet to a 5/8" rebadcap PI S 5461; Thence South 17°19'L4^ East 34432 feet to a 5l8" rebarlcap PLS 443I; Thence South 84°52'5?" Erik 394.49 feet to a SB" rebar{mp PLS 4431 and the centerline of N. Loabat Grave Read; Thenoe South Q0~7'40^ West ceincident withsaid centerline of13 Locust t3rove Road 510.03 feet to a 5/8" re6ar/cap PLS 4437 mar~ng the soudreast corner of said Westborough ~tbdivtston; Thence North 89°49'03" West coincident with the southerly boundary ofsaid Westbomugh Stirbditnsron, 7339.01 feet to the t~nterihte ofsaid N. Jericho Road; Thence North 00°29'56" East covtcident with the centerline of mid N Jetcho Road, 90.00 feat to the POINT OF B3>iGIlVNINil3; 'The parcel above described parcel contains 17.02 aaas mare or !~. Together with and subject to covenants, easements, and resmictioas of record. The basis of bearings for the above desedptioH is Nort4 89°51'35" West between th83S^ brass cap comer record Inst #10 7 05263 6 marking the northeast corner of Section 30 amt the 3.5" "brass marking the aordr'I+ corner of Secdoa 30, 6odr ar Towasiup 4 North, Range 1 fias4 Boise 11Bea'diaa~ 953713 BY W APP'~Q~1~ APB ~ 5 ~~~~ MERIDlAid PUSUG WORDS DEPT. Gt 1'saJeccsllLl Esterpnse5lnavay~tega~lLoT ~ zone ft~.doc gage l Of l ~ ~ ~ _ f, ( ~.` EX~.~B.IZ' ~A.P ~'ox WESTBQ.RO ~'GH S UBDIVIS~f).~T L.UT 7 Z~.trTE R-4 NOT TO SCALE ~ GY1W0E7V ~~- N893! 35'W t34L75' ~ ~, SFGAI~t 30 i°OfNT O'' O~tT g d 0 ~ _ 2 58930'04 E ~9St;T51~' 294 20' ~ ' '~ _ ~ . 237,62 ~ $' ^ ~ n o"- ~ ~ ~ ~ ~ ~ ~ rn - m _ 58932 37'E N `> 394.49' c ~ z° B-!ot 7 81ock ]Zone R-4 a z 741,739 Sq.R 17,03 AC,3 3 .¢g Q3 ~5Qt4' ~ ~ c~ O 65 S89%F9 (T3~ 7b8i' ~A~Q n ~ ~ h ~/ ~ , W ~ o° a N89'49'03 fP $ g r33s m' a ~~` ~G i 3T~ ~~(~ ~ ~, ~ 5461 PACIFIC goo ~i'sae` ~e~ ~ ~o O ~~rf Of. top' 't 9 ~....~..~..+..e.~ ~~D S. SY'~¢ r r R { W APPR VA ~ ~ BY ~P 0 J ~~$~J MERIDIAN PUBLIC WORKS DEPT. S~ ~ ., ~ PARCEL DESCRIPTTE7N Match Z8, 2005 Pcolect: VVESTBOROUCiIi SLJBDIVISIt7N Project No.: 34363 Lt1TS 1 THRU 5 ZONE R Z A parcel of i~d located in the northeast'/, of Section 30, Towashtp 4 North, Range 1 East, Bosse Meridian, Ada County, Idaho, referencing Westborough Snbdivtsion, recorded at page 4884, 4885, and 9886. &mk 87, Iasi #103166998. mare partlenlarly described as follows: COMiVII,I~T<3PTG at the 3.5" brass cap, coma record ~IOIOSZ636, marldag fire northeast comer of said Section 30, Thence North 89°51'35" West crolncident with the north line ofsaid northeast'/. a distaaca of 1341.75 feet to the centerline ofN. Jericho Road; Thee Sonth 00°29'56" West ~racidant with the centerline of N. Jericho Road, 476.24 featto tits POINT OF BEGINNING; Thence Satoh 89°30'44° Eask 308.50 feet to a SB" tebarlr.~p FLS 5461 me¢ktng the nortlreast comer of Lot 5, Bhrck 1, of said Wasfborongh Subdivision; Thence South 00%9'55" VVesL 799.41 fear fi a 5/8" rebarlcap PLS 5461 mazkiag the sontbeast carnet of Lot 1, flock 1, vfsaid Westborough Subdivision; Thence Notch 89°49'03" West, 71.81 feet M a SB" rehar/tip PLS 5461 ~g the bagmviag of a tangent curve; Thence 60.43 feet atoa~g the arc of said dove to the right, having a ccnhal angle of 18°01'58", a radios of 142.00 feat, subtended by a chord bearing North 84 48'02" West, 60.18 feet to a 5/8" tebadtsp PLS 5461; Thence North 71°47'01" West, 65.73 tixt to a 5/8" nrdtadcap PLS 5461 marking the begtaniag of a tangent curve; Tlneace 65.47 feet along the arc of said curve to the left, havir~ a central angle of !8°02'04°, a radios of 208.00 feet, subta~ad by a chord bearing Nord! 80°48'02" Wet, 55.211 feat to a 5!8" tebadcap PLS 5461; Thence North $9°44'03" blast, 50.14 ft<et to the centerline of said N. Jencbo Road; Thence Nortb 00°29'56" East coincident wIdr fire centerline afraid N. Jericho Road, 761.11 feat to the PdINT OF BEGIIVIVING; The parcel above desorb~ parcel contaras 553 acres more ar less. Together with and sob}ect to mveaants, easements, and resmtctittna of record. The hosts of bearings for fire above desorption ns North 84°51'35" Vilest between the 3S" brass cap coma record Tnsc #10103253b martciag the aortlteast comer ofSection 30 and tba 3.5" brass cap comer record Lrst #8953713 marking the north'/, coraeraf 5ectioa 30, 6otlr in Townsbrp 4 North, Range 1 East, Botse Meridian. APR 0 ~~05 MERIDIAN PUBLIC wesrJmm~ WORFfS DEPT iLt Bntcrpnses nSS/~ ti ~~u >ffit~ar~~~,u~~vArs t thra s zone &~aoc toga i of 1 ~xr~.ra~~ .~vr.~r~ ~a~x W~~'TB4RQLT~I3 SUB~I'~IS~O~_ T ~,aT 1 T.HRLT 5 ~©.I~TE R- a 'Z 1 NOT TO SCALE ~ ~~~ ~~ N84~i :35~Ni l34T.75' NF' CUB SECTION 30 POINT OF CONkfENCEEfENT n °' "~ m N h p O 589'30 04 E' 0 30850' 2 10-CUTS 5 TH(tIJ 7 20NE R--'~ ' 241.100 sq,tt 5.53 Ac.t `U _ 3 ~ ~ v` 6 h gj 01 C O ~ $ C y S ~t4"TE OB ~7 ss~y~ 58 ~ ~~03 E Cf c2 4 °' 5461 PACIFIC a~ s. o ljr4~' QF 1~P~g .p ~/ BYE APPROV L { APR 0 5 2005 MERIDiAN.pUBLiC ` WORKS DEPT. NOTICE AND PUBLISHED SUMMARY OF AMENDED ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDING ORDINANCE N0.07- O i ~ 1.0 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land located in the NE 1/a of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachments "A". These parcels contain a total of 29.17 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibits "B" and not based on an actual field surveys. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the ~~ day of `TGva.c- , 2007. ~~ ~ Mayor and City Counci of e City of Meridian By: William G. Berg, Jr., City Clerk First Reading: ~/ - 2~- ~ 7 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES~_ NO Second Reading: °- Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- t 1 ~ 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. 07-4~_ 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 Zb ~ day of ~v~•-ere- , 2007. ~~/ - illiam. L.M. Nary, City Attorney AMENDED ORDINANCE SUMMARY - AZ-05-018 WESTBOROUGH SQUARE SUBDIVISION Page 1 of 1 • COMMENTS June 22, 2007 AZ 06-048 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Creamline Associates, LLC ITEM NO. 20 REQUEST Amended Ordinance No. 07-12928 Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision - 1200 West Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Attached Amended. Ordinance • v ~' ~~,a 0~~ Date: Phone: Staff Initials: Materials presented at public meeflngs shall become properfy of the Cffy of Meridian. • Page 1 of 3 Sharon Smith From: Sharon Smith Sent: Friday, June 22, 20071:20 PM To: Steve O'Brien; C. Caleb Hood Cc: Tara Green Subject: FW: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Importance: High I included the previous zoning maps w/ the new overall annexation map -Are those maps correct, before we send this to be recorded next week? They didn't not redo all three of them. Thanks! From: Sharon Smith Sent: Thursday, June 14, 2007 10:07 AM To: Steve O'Brien Cc: Tara Green Subject: FW: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Do the old maps for each zone still work or do they need to be redone, too? From: Steve O'Brien Sent: Tuesday, June O5, 2007 11:42 AM To: Sharon Smith Subject: FVV: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Sharon, It's been a saga solving this ordinance. The legal is ok. The map was incorrect. (See the below communication w/Terry Peugh's explanation.) The corrected map is attached. Thanks, Steve From: Bobi Ulrich [mailto:bulrich@baileyengineers.com] Sent: Thursday, May 31, 2007 6:00 PM To: Steve O'Brien Subject: FW: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Hi Steve, I am working on this for you, I should have a revised map to you tomorrow afternoon. Thanks, Bobi Ulrich Bailey Engineering, Inc. 6/22/2007 938-0013 • Page 2 of 3 From: Steve O'Brien [mailto:obriens@meridiancity.org] Sent: Thursday, May 24, 2007 10:46 AM To: Chad Kinkela Cc: Sharon Smith Subject: FUV: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Chad, I could use a little help. The Tax Commission bounced this annexation and the surveyor, Terry Peugh, has confirmed that the legal is ok. This is where Bailey Engineering comes in...the map accompanying the legal is incorrect. (See Terry's explanation below) Somebody at Bailey drew the map, however, the map does not have a name on it. I am hoping that you could forward this to the correct person. Thanks, I appreciate any help...., Steve O. From: Terry Peugh [mailto:tpeugh@idahosurvey.com] Sent: Thursday, May 24, 2007 9:29 AM To: Steve O'Brien Subject: RE: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation I find nothing wrong with the legal description. It starts at the SW corner of Section 12 and then says the'/ corner bears S 89 15 24 E, 2651.28 feet (this information provides for Basis of Bearing on the description, it does not mean the property location goes to the'/ corner.) Thence S 89 15 24 E, 335.08 feet gets you to the RPOB. In other words, the RPOB is S89 15 24 E, 353.08 feet from the SW corner of Section 12. The Annexation Map for Creamline Park Subdivision provided by Bailey Engineering is incorrect. On that map, where the'/ corner is shown should actually be the Section Corner. D. Terry Peugh, PLS Idaho Survey Group 208.846.8570 From: Steve O'Brien [mailto:obriens@meridiancity.org] Sent: Wednesday, May 23, 2007 4:53 PM To: Terry Peugh Subject: FW: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Terry, Good afternoon. The Tax Commission has an issue w/some wording in the legal description for the above annexation. Please refer to the attached document and the below email from the commission for further clarification. This will need to be resolved before the commission will accept the annexation. Your help is greatly appreciated. Thanks, Steve O'Brien Development Analyst Meridian City PW 6/22/2007 From: Sharon Smith Sent: Wednesday, May 23, 2007 4:12 PM To: Steve O'Brien Subject: FW: Meridian ordinance 07-1292 Page 3 of 3 Here is that Creamline ordinance issue -this one was a struggle to get going anyway. From: Jeff Servatius [mailto:jservatius@TAX.IDAHO.GOV] Sent: Wednesday, May 23, 2007 4:04 PM To: Sharon Smith Subject: ItE: Meridian ordinance 07-1292 Sharon, Please see the attached ordinance. Craig from my office has highlighted on page 6 the area where we are having a problem. We feel it should state '?hence S89-15-24E. 2651.28" instead of the way it is stated. Please feel free to contact Craig Johnson from my staff at 334-7750 if you need more clarification. Thank you for your timeliness concerning this matter. Jeff Servatius GIS Manager Idaho State Tax Commission 800 Park Blvd. Plaza IV P.O.Box 36 Boise, ID 83722 Phone: (208)-334-7750 Phone: (800)-334-7756 Fax: (208)-334-7629 email: jervatius@tax.idaho.gov From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Wednesday, May 23, 2007 10:59 AM To: Jeff Servatius Cc: Will Berg Subject: Meridian ordinance 07-1292 Jeff, We received a notification of error in the-legal description for Creamline Park AZ 07-1292. Is that the legal dated 7-26-06 (by the engineers stamp)? Please verify & we will get moving on that one. Thanks. Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 6/22/2007 Sharon Smith • Page 1 of 3 From: Steve O'Brien Sent: Tuesday, June 05, 200711:42 AM To: Sharon Smith Subject: FVV: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Attachments: Cremeline Map.tif Sharon, It's been a saga solving this ordinance. The legal is ok. The map was incorrect. (See the below communication w/Terry Peugh's explanation.) The corrected map is attached. Thanks, Steve From: Bobi Ulrich [mailto:bulrich@baileyengineers.com] Sent: Thursday, May 31, 2007 6:00 PM To: Steve O'Brien Subject: FW: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Hi Steve, I am working on this for you, I should have a revised map to you tomorrow afternoon. Thanks, Bobi Ulrich Bailey Engineering, Inc. 938-0013 From: Steve O'Brien [mailto:obriens@meridiancity.org] Sent: Thursday, May 24, 2007 10:46 AM To: Chad Kinkela Cc: Sharon Smith Subject: FW: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Chad, I could use a little help. The Tax Commission bounced this annexation and the surveyor, Terry Peugh, has confirmed that the legal is ok. This is where Bailey Engineering comes in...the map accompanying the legal is incorrect. (See Terry's explanation below) Somebody at Bailey drew the map, however, the map does not have a name on it. I am hoping that you could forward this to the correct person. Thanks, I appreciate any help...., Steve O. From: Terry Peugh [mailto:tpeugh@idahosurvey.com] Sent: Thursday, May 24, 2007 9:29 AM To: Steve O'Brien 6/22/2007 Page 2 of 3 Subject: RE: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation I find nothing wrong with the legal description. It starts at the SW corner of Section 12 and then says the % corner bears S 89 15 24 E, 2651.28 feet (this information provides for Basis of Bearing on the description, it does not mean the property location goes to the'/ corner.) Thence S 89 15 24 E, 335.08 feet gets you to the RPOB. In other words, the RPOB is S89 15 24 E, 353.08 feet from the SW comer of Section 12. The Annexation Map for Creamline Park Subdivision provided by Bailey Engineering is incorrect. On that map, where the'/< corner is shown should actually be the Section Corner. D. Terry Peugh, PLS Idaho Survey Group 208.846.8570 From: Steve 0'Brien [mailto:obriens@meridiancity.org] Sent: Wednesday, May 23, 2007 4:53 PM To: Terry Peugh Subject: FVV: Meridian ordinance 07-1292 aka Creamline Park Subdivision Annexation Terry, Good afternoon. The Tax Commission has an issue w/some wording in the legal description for the above annexation. Please refer to the attached document and the below email from the commission for further clarification. This will need to be resolved before the commission will accept the annexation. Your help is greatly appreciated. Thanks, Steve O'Brien Development Analyst Meridian City PW From: Sharon Smith Sent: Wednesday, May 23, 2007 4:12 PM To: Steve O'Brien Subject: FVV: Meridian ordinance 07-1292 Here is that Creamline ordinance issue -this one was a struggle to get going anyway. From: Jeff Servatius [mailto:jservatius@TAX.IDAHO.GOV] Sent: Wednesday, May 23, 2007 4:04 PM To: Sharon Smith Subject: RE: Meridian ordinance 07-1292 Sharon, Please see the attached ordinance. Craig from my office has highlighted on page 6 the area where we are having a problem. We feel it should state 'Thence S89-15-24E. 2651.28" instead of the way it is stated. Please feel free to contact Craig Johnson from my staff at 334-7750 if you need more clarification. Thank you for your timeliness concerning this matter. Jeff Servatius GIS Manager 6/22/2007 Page 3 of 3 Idaho State Tax Commission 800 Park Blvd. Plaza IV P.O.Box 36 Boise, ID 83722 Phone: (208)-334-7750 Phone:(800)-334-7756 Fax: (208)-334-7629 email: jservatius@tax.idaho.gov From: Sharon Smith [mailto:smiths@meridiancity.org] Sent: Wednesday, May 23, 2007 10:59 AM To: Jeff Servatius Cc: Will Berg Subject: Meridian ordinance 07-1292 Jeff, We received a notification of error in the legal description for Creamline Park AZ 07-1292. Is that the legal dated 7-26-06 (by the engineers stamp)? Please verify $ we will get moving on that one. Thanks. Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 6/22/2007 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 S BOISE IDAHO 07!06/07 10:~ AM RECORDEDQnREOUEST OF ~) l ~ I II'~'III I~' II l~ I I II' ll I'I II' I'll Meridian City i ~~~~~~`~'~ CITY OF MERIDIAN AMENDED ORDINANCE NO.O7-1292 B AMENDING ORDINANCE N0.07-1292 AND 07-1292 A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE REVISING THE MAP (AZ-06-048 CREAMLINE PARK SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF THE WEST %Z OF THE SOUTHWEST 1/ OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO I-L (LIGHT INDUSTRIAL DISTRICT) AND 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 BYLAW; 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: CYeamline Associates, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT (Ada County) to I-L (Light Industrial District) and 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. AMENDED ORDINANCE FOR ANNEXATION OF A~-06-048 CREAMLINE PARK SUBDIVISION 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 to annex and re- zone said property. SECTION 5. That the City Engineer is hereby directed. to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. 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 S. 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 ~. 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 ~~ day of ~~ , 2007. APPROVED BY THE7-MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 6'~ day of ~/ ~'~' , 2007. MAYOR de WEERD AMENDED ORDINANCE FOR ANNEXATION OF AZ-06-048 CREAMLIKE PARK SUBDIVISION Page Z of 3 ATTEST: WILLIAM G. BERG, STATE OF IDAHO, ) ss. County of Ada ) ®®,~` off, ~~~~~'eY`~~@-7`.~3. a ~" l-~ I~J ~ ~ ski/,~~~ f Y J~ ~. 7~ ;~ /. ~ `l J~JJ J ~~~ J'S "~ E p , On this _~~ day of~,,,,~1..4,r1C... , 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) .~~;"°°'OTA~,~,•,~•~ ® °~ • i e • t ~ • . ~ ~ . ~Vf ~+L++ `'• NOTARY PUBLIC FOR IDAHO RESIDING AT: end ~~j ,lp MY COMMISSION EXPIRES: AMENDED ORDINANCE FOR ANNEXATION OF A~06-048 CREAMLIKE PARK SUBDIVISION Page 3 of 3 ~` Exhibit A Legal Descxiptiu7n IDAF-if,) SURdEY cR®up Project No. 06 21p Phone (208) 896$570 Pic (208) 889-5399 1450 Fast Warerrowe,. u Suits I50 Maridlan, Idaho 83642 Iuly 26, 2006 Creamline Perk Sabdivisiop Aaneaattom Descrlptioa A penal of lead located in the Waet %a of the SW V4 of S~tion 12, T3N., R 1 W, B.M,, Ada County. Idaho, more particularly described as folhswa: Commencing at the Southwest cotn~ of said Section 12, Evora which me Y, comer to Sectioa l3 and the said Section 12 beats South B9°15'24" Bast, 2651.28 feet; Thenca South 89°15'24" East, 353.08 feet to tha REAI. POINT OF BL~GINNING. Tbenca North 00°43' 10" Bast, and along the East line of Heppas Acre Snbdiviaioa, ~ same is carded in Book 19 of Plate at Page la9$, records of Ada Caurtty. Idaho, a distaaae of 147650 feat to the Northeast corner of said Subdivision lying oa tha South right-of-way of the Union Pacific Reilroati; Thence alongsaid rightof--way South 88°30'36" Fast, 968.15 feet; Thence departing said right-of-way South 00°32'36" Wes1;1463.89 feot to the West 1116 corner common to said Seotians 12 amd 13; Thence North 89° 15'24" Wes, 972.56 fast to the Pout of l~glnaing. Containing 32.75 acres, more or leas. Prepared By: Id R6ViEW APPROV ~~ , 0.i V Y!'. D.1'erry PsuBh, PIS Professlonarl Land Surveyors - ., ~~Y ~/IEW i4PPRpVA '~,~w ~. . ~. ~ ~ M WORKS pEPT,IG .. , . ' • .' ~ . ~ ~ . ~ . ~ D. Terry Peugb, PLS P'rofess~ional Land Surveyors i ' ~ ' ' `.: ~Aparcel.oflapd located in the SW 1/4 afthe~SWl/4 of Section 12, T.3N., R1W., . ~ ~,':$.11!!., Ada County, Idaho, more particularly,described as follows:.Commencing at the .. ~ ' .Southwest corner of said Section 12, from which #he,'/g corner common to Section I3 and • ~ . : . ', •:'t~iesaid Section 12 bears, South 89°15'24":Last, 2651.28 feet; ThenCe~South 89°15'24" . ~ ' : ~. East, 353.08 feet; Thence North 00.°43' 10".Last, 323.56 feet to the REAL POI~1Z' OF• '~ ' ~~ ' ~' Thence continuing 1Vorth 00°43' 10" East, and along the East line ofHeppers Acre . :Subdivision, as same is recorded in $ook 19 of Plats at Page 1298, records of Ada ' ~:~ County, Idaho, a distance of 1152.94 feet to the Northeast corner of said Subdivision ' . ' `.lying on the South right of way of the Union Pacific Railroad; .~ . ~ ~ ' ' ; . ~ : - .Thence along said r~iglit-of-way South 88°30'36" East, 968.1,5 feet; , : .. ~ . ~ .... ~: . ~ . ~ :. , ~ ~ Thence departing said right-of-way South•00°32'36" West,1055.78 feet; ~ ~ .' . ' . ' ~ : ~ • : ~ :: Thence South 89°57'SS" West, 6Q8.22 feet;.: ..,. .. ~ . . ~. ' ~. • T'ltence 210.12 feet along the arc of a curve to the left, having a radius of 780.00 ~~ . ~ ~ ~ ~ feet, a central angle of 15°26'OS'.', and a long chord bearing South 82°14'52"- West, ~ . . ~ Thence South 74°31'49" West, 162,38 feet to the Point of Beginning. Containing • 24.01 acres, more or less. ~ _ ~ . ~ . - ~ • ~. ~. ~ :. ~ . ~ . ~ . • . ' R~ ~W. A~, C.r~ . ~ BY . '. M~'Np~tKS DEPTIG' Prepared By: Idaho Survey Group, P.C. D. Tent' Peugh, PLS Professions/ Land Surveyors .8L'~Ol M.9£.Z~OOS 1 ~ ~ 1 = ~ 1 U I1 1 a 1 1 ~ ~ I ~' e 1 0 ~I 1 ~ WW C 1 p~p ~n m a I ~ J ~ 1 ~ i~il ~ 14- . I a a v ~1 ac a 1 '~ ~ z m O ~ I ~ ~ ~ 1 a ~a 1 ~ '~ m I 1 ~i 1 N {{~~,,,, N O 2 F, 2 Z 2 1 ~ ~~~ a ~ L _ ~~; 3.O~..f'ii.00N 3.0~.£i-.OON rr~~ W ~ Fi ,• ' Q e ~e Q T ~I ~ - ~ ~~ ~~~ v ~ ~~ 10-A .~ ~ ~ ~ ~ N ~ ~ O Z ~a~~. a ~ ~ - J ~~ '~ N o O U iq •=~ ?~~ ~, ~~, R zz~ ~ W ~~ ~ ~ w ~ r ~ r V V ~~ ~ ~ ~ N ~ .'~. ~ ~ .`~ .80'8p4 M.9~.Z£{XIS ~~ 0 1 3 i 1 ~ o ( I W ~ 1 ~1 1 U s ~~ ~. a~ m¢ ~ 1 , 0. wC W= ~ 1 n 1 4 q ~ J t~ ~ I ~~ o~c> •~~ ~ d 1 ~ ~ ~1 ~ _ ~ W Oll U z ~$ ~ i ~~ N ~; I G 1 ~~ 4~ 1 ~ ~l ~ ~~ ~~ 1 ~ '~- ~ 1 m, z`~__-__ .~ 3.Q L.£1-.dON W ~ ~~~~ ~ C ~ ~ _ ~ ~ ~- ~ ~~~ ~ A ~ C t~ ~ ~ ,~ ~ z ~ ~ z a i- ~d C ~ ~ p,~ ~ C a o ~++ S W ~ J .N ~ ^~ ~ ° ~ U ~~ O w ~ ~ (h N ~ ~~ ~ Lil o o r ~ O P .~'° cV ~ ~ - - _ _ _ _ ~ X00'32'36"W 1463.89' i I ' ~ I iA~ ~t ~ co °°I ' i i ~ I~ i~ I ' I~ w~ ~ col ~ b~ ~ ~ i c~ . aol z id- ~ z ~~ ~ rn ~ w ~~ I m iz o ~ ~ ~ I ~ z o ~ a ~ w d- ~ ~~~ .~Nn.o O 'a ~~ ~ ~dJN ~ ~ ~~ _ - ~ ~ z~` o dd0a 2i3aNll 'N ~ ~$- ~ ~ '~ ~~ d- vi vi z ~' ~ o w - ~ ~ } ~ ~ ~ ~o o in U = p ~ m ~ ~ ~ fn 0~~~~ O ~ O d c~ M d 0 Q d'mz \ g N W W O L~ O m m V y o ~ = ~ ~~ N N p ~ 3 `' o '~~' Z c 5 c i. C3 w F X~ W z Q N O 1JJ ~ ~ 0 ~ U 7 N ~ O Z ~ fM'' Q Q `~ W ~~ ~- o W a ~ O ~ to ~ ~- a !j O ~ W '~ I I = ~ ~`' I ~ W ~~ . a ~ a ~ i O I I ~ ~ LW o ^'~ W ~ ~ . ^.._ ~ Z - w I Z z~ Q'i ~ W ,,,,~ ° o ~ - . ~ w~ N /~ `/ ¢~ ~ Q NOTICE AND PUBLISHED SUMMARY OF AMENDED ORDINANCE PURSUANT TO I.C. § 50-901(A CITY OF MERIDIAN AMENDED ORDINANCE N0.07- i~9~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land being a portion of the West 1/z of the Southwest 1/a of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 32.75 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenu~ eridian, Idaho. This ordinance shall become effective on the ~~ day of ~~ , 2007. ~r Mayor and City Council f e City of Meridian By: William G. Berg, Jr., City Clerk First Reading: ~-Z ~-07 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_~ NO Second Reading: °- Third Reading: - STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF AMENDED ORDINANCE NO. 07- i~qa. ,g 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 Amended Ordinance No. 07- Ie'~ag 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 ~ ~ day of ~fii..~c.. 2007. ~' ~:~ -~ William. L.M. Nary, City Attorney ORDINANCE SUMMARY - A~06-048 CREAMLINE PARK SUBDIVISION Page 1 of 1 • June 22, 2007 AZ 07-002 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Hartz Music Shop ITEM NO. 22 REQUEST Ordinance No. -- Request for Annexation 8~ Zoning of 0.42 acre acres from R1 to C-G zones for the property located at 1970 N Meridian Rd for Hartz Music Shop -east of N. Meridian Road and north of East Fairview Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Attached Ordnance ~~~13tiZ Contacted: Date: Emailed: Phone: J I Ul l IrIITIQIS: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07/06107 10:3;1 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIII~ III III RECORDED-REQUEST OF 1~7~9~9~~# Meridian City CITY OF MERIDIAN ORDINANCE NO. ~ ~ ' ~ 3 ~' ~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 07-002 HARTZ MUSIC SHOP) FOR ANNEXATION OF A PARCEL OF LAND DESCRIBED IN WARRANTY DEED INSTRUMENT #100079761 TOGETHER WITH A PORTION OF NORTH MERIDIAN ROAD RIGHT-OF-WAY, LOCATED IN A PORTION OF LOT 7 IN SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R 1(ADA COUNTY) TO C-C (COMMUNITY BUSINESS 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 TT 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 Iimits 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: Matthew HaYtz. SECTION 2. That the above-described real property is hereby annexed and re- zoned from R-1 (Ada County) to C-C (Community Business 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. ANNEXATION OF AZ-07-002 HARTZ MUSIC SHOP 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 to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. 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 ~. 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 B/Y THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Zb # day of ~Gm4_ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z~ ~ day of ~GGYr`-e- , 2007. r,~ %~~• MAYOR de WEERD ANNEXATION OF AZ-07-002 HARTZ MUSIC SHOP Page 2 of 3 ~~~,lllk:r r Via;;/:: ~ ~ ~ ~y :..,? P .a <.omm•,°-....-.nom... ~~nS s~~. ATTEST: ~` ~~'~-' °`~ ~~ d ~ ~ ~~~ b ~ ® ~,~ a~ WILLIAM G. BERG, ., CITY CL~tK ~~ b-~ f°~,°~qr, ~~ ~, ~ ~~~ rrrarr~k~ .~~"~ 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) ; •*• M. G,~°•• •• • i ~, ® 9 ~ ~ • 1 ~ ~ o e e a e ~~ i • s ~ i • a a •~,~;-- ~4;• ~~ n~fr~~-9~x~ ~~,. NOTARY PUBLIC FOR IDAHO RESIDING AT: ~' p 4 tp MY COMMISSION EXPIRES:~~ ANNEXATION OF AZ-07-002 HARTZ MUSIC SHOP Page 3 of 3 ~~ quadrant Consulting, Inc. January 18, 2007 Hartz Property ~nnex~'~'i ~° 1970 North Meridian Road A parcel of land described in Warranty Deed Instrument #100079761 together with a portion of North Meridian Road Right=Of--Way, located in a portion of Lot 7 in Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southwest Corner of said Section 6, thence North 0°01'30" West 1234.28 feet along the West line of said Section 6 to the POINT OF BEGINNING, thence leaving said Section line North $9°58'30" East 197.79 feet, thence North 00°01'30" West 94.26 feet, thence South 88°44'30" West 197.84 feet to the Northwest Corner of said Lot 7 in Section 6, thence along said West line of said Section 6 South 00°01'30" East 90.00 feet to the POINT OF BEGINI~TING. Said parcel contains 18,223 square feet or 0.42 acres, more or less. This description was prepared using record information and without the benefit of a survey. P4' VAd- ~~Vl B'~ ~~ , . ~~,~ "' ~aR~s ~~~~lc 1904 W. Overland • Boise, ID 83705 Phone (208} 342-0091 Fax (208J 342-0092 Email: quadrantQquadrant.cc Civii Engineering • Surveying Construction Management ~~ ^^ C-quadrant Consulting, Inc. :-1 I -{ W („~ z z ~I~ !~ ~I~ ~I~ 1970 N. MERIDIAN ROAD HARTZ PROPERTY REZONE ~~ i N88°44'30"E z O ~ O -? O . , N ~ ~ O POINT OF BEGINNING _.._ N89°58'30"E Iz o N ~ W O -P N I w ~Y vi vac. 00 0 ~~ _ ~m5°~ M~RIQ~a~ ~uu~ 1 6 12 7 w GRAPHIC SCALE 0 50 ( IN FEET ) 1 inch = 50 ft. 1904 W. Overianc~ • Boise, ID 83705 • Phone (208J 342-0091 Fax (208J 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying Construction Management 1990 N. MERIDIAN ROAD 87039001060 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.07- l~~~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land being in a parcel of land described in Warranty Deed Instrument #100079761 together with a portion of North Meridian Road Right-Of--Way, located in a portion of Lot 7 in Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains .42 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ZI.D tt°' day of ~~i t r~~ , 2007. Mayor and City Council of the City By: William G. Berg, Jr., City Clerk First Reading: l~-2.10-~J°1 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- t~~ 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- 13~ 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 ~`~~ day of , 2007. J ~./ ~ ~, ~ . William. L.M. Nary, City Attorney ORDINANCE SUMMARY - AZ-07-002 HARTZ MUSIC SHOP Page 1 of 1 • • June 22, 2007 RZ 07-003 MERIDIAN CITY COUNCIL MEETING June 26, 2007 APPLICANT Hartz Music Shop ITEM NO. 23 REQUEST Ordinance No. :Request for a rezone of 0.38 acres from L-O to C-G zone for the property at 1990 N. Meridian Road for Hartz Music Shop located east of N. Meridian Road and north of East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Attached Ordinance 123 ~~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 07!06107 10:~i AM RECORDED nREOUEST OF 'I ~ I' ~I II'~II ~~ I I' ~~ ~' I" I) I I' ~I'~'I~ Meridian City 1071~~5~93 CITY OF MERIDL~N ORDINANCE NO. ®~~ t' J? Z BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT MATTHEW HARTZ, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-002 HARTZ MUSIC SHOP) FOR REAL PROPERTY BEING A PARCEL OF LAND DESCRIBED IN WARRANTY DEED INSTRUMENT #97099506 TOGETHER WITH A PORTION OF NORTH MERIDIAN ROAD RIGHT-OF-WAY, LOCATED IN A PORTION OF LOT 6 OF J.E. PFOST'S SUBDIVISION IN LOT 6 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST 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 L-O (LIMITED OFFICE DISTRICT) TO C-C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS 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 SLfMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE TT 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 re- zoning by the owner of said property, to-wit: Matthew HaYtz. SECTION 2. That the above-described real property is hereby re-zoned from L- O (Light Office District) to C-C (Community Business 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 re-zone said property. RE-ZONE OF HARTZ MUSIC SHOP - RZ-07-003 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, IDAHO, this Z~i ~ day of ~~~_ , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z~~'~day of ~~r`'L- , 2007. MAYOR de WEERD RE-ZONE OF HARTZ MUSIC SHOP - RZ-07-003 Page 2 of 3 ATTEST: WILLIAM G. BE1gG, STATE OF IDAHO, ) ss. County of Ada ) `\\,\yyy~VliPi!!!!!!!` Ash >' ' P ~~ ~ ~~ ~ ~ e CITY ~rLE ~ v ,,~ ~~ ~ ,~ ,, ~ ,,~, :~~;;:, . ;y~ On this ~ day of lJ l~l.Ir1~'r , 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. ®• . (;A'~ ~",~'•° (SEAL) ° "- ,~` ` • A ° 0 P" , s o r . ® ~ . . ~ , o ~ ~ r m ~ ~ ~ ~ ® ~, ^''' i ~~' '.~ ;. ~a..... NOTARY PUBL~C FOR IDAHO RESIDING AT: Ql~,~,(~ -P MY COMMISSION EXPIRES: 1~-~!°~ 0 RE-ZONE OF HAl[tTZ MUSIC SHOP - RZ-07-003 Page 3 of 3 January 18, 2007 Hartz Property Rezone 1990 North Meridian Road ~~ ^^ Quadrant Consulting, Inc. A parcel of land described in Warranty Deed Instrument #97099506 together with a portion of North Meridian Road Right-Of--Way, located in a portion of Lot 6 of J.E. Pfost's Subdivision in Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Southwest Corner of said Section 6, thence North 0°01'30" West 1234.28 feet along the West line of said Section 6, thence continuing North 0°01'30" West 90.00 feet to the POINT OF BEGINNIl~TG, thence leaving said West line North 88°44'30" East 200.01 feet, thence North 00°01'30" West 85.00 feet, thence South 88°44'30" West 45.35 feet, thence South 00°OI'30" East 25.00 feet, thence South 88°44'30" West 10.00 feet, thence North 00°01'30" West 25.00 feet, thence South 88°44'30" West 144.66 feet to said West line of Section 6, thence along said West line South 00°01'30" East 85.00 feet to the POINT OF BEGINNING. Said parcel contains 16,747 square feet or 0.38 acres, more or less. This description was prepared using record information and without th.e benefit of a survey. ~Y ~ ~vaL MERIDIAN PtlBLIC ~tQ{2KS DEPT. 1904 W. Overland • Boise, ID 83705 Phone {208) 342-0091 Fax (208) 342-0092 • Email: quadrantC~quadrant.cc Civ7 Engineering • Surveying • Construction Management ~ ; ^^ ^^ Quadrant Consulting, I-nc. POINT OF BEGINNING I y 2 z ~ I~ .~-~- I !~ ~I~ Iz 0 ~ o o _o o° w - o ~~ Z o N o W O NIW 00 0 1 ~6 12 7 1990 N. MERIDIAN ROAD HARTZ PROPERTY REZONE N88°44'30"E 144.66' N88°44'30"E 45.35' z 0 ~o cr o . , o~ op ^i ^^ GRAPHIC SCALE 0 50 (IN FEET ) 7 inch = 50 ft. 1970 N. MERIDIAN ROAD S1106336012 R AP 1/A~L BY [[FF ~yyx ~~~~~c tF~~\ - ..... .. MERiDIAi~ p~EL1G W©RKS DEPT. LINE TABLE LINE BEARING LENGTH L1 S00°01'30"E 25.00 L2 S88°44'30"W 10.00 L3 N00°01'30"W 25.00 1404 W. Overlangf $oise,lD 83705 • Phone (208} 342-0091 Fax (208j 342-0092 Emaii: quadrantC~?quadrant.cc Civil Engineering • Surveying • Construction Management NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDL~N ORDINANCE NO.07- PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for a parcel of land described in Warranty Deed Instrument #97099506 together with a portion of North Meridian Road Right-Of- Way, located in a portion of Lot 6 of J.E. Pfost's Subdivision in Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains .38 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 2L0~''' day of ~ 11.i r°l~. , 2007. ity of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: t,p-~ _p -°j Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO °' Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- ~ 3~ 3 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- 1.3 of the City of Meridian, Idaho, and has found the same to be hue and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of ~ ~°-~ 2007. ~, - '~-William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 07-003 Hartz Music Shop -Page 1 ~ ~ Cti ~ ('J ~v ~~ 1ti'1' /`~~'1'`~'~t ~ /l~~'C~ °- ~ /mot G~-c~s v 'i`p ~:- < ~. ,~~~~ ,,~~'' CITY OF "~ ~_i'~~l. eY1~IG~1? iantao ~3 FC egyfR ~ Tr~,~,suRe V ~Y sw 1@83 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, June 26, 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 Kevin Moyer with Meridian First Baptist: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of June 5, 2007 Pre-Council Meeting: B. Approve Minutes of June 5, 2007 City Council Regular Meeting: C. Development Agreement: AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road and RZ 07-003 Request for a Rezone of 0.38 of an acres from L-O to C-G zone for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: Meridian City Council Meeting Agenda -June 26, 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: AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahl uist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: E. Approve Beer $ Wine License Transfer from Harks Corner, Inc to Jacksons Food Stores Inc for Jacksons Food Stores #118 at 1651 W. Franklin Road: F. Approve Chance Order No. 4 for the Wastewater Treatment Plant Expansion Project with JC Constructors, Inc. for $157,019.41: G. Award Bid /Approve Contract for Well No. 27 to Treasure Valley Drilling & Pump, Inc for $251,300.00: 6. Department Reports: A. Parks Department: 1. Update on After School Pilot Program with Meridian Middle School: B. Legal Department: 1. Approve SWAC funding recommendation for Meridian Academy for the purchase of picnic tables and benches for $1,500.00: 2. Approve SWAC funding recommendation for Boys & Girls Club of Ada County for an addendum of $2630.00 for the creation of a statue and benches for Centennial Park: 7. Items Moved from Consent Agenda: 8. FP 07-019 Request for Final Plat approval for 2 commercial building lots on 5.51 acres in a C-G zone for Gateway Marketplace Subdivision No 1 by Landmark Development Group, LLC -SEC of Eagle Road and Ustick Road: 9. FP 07-020 Request for Final Plat approval for 16 commercial building lots and 1 common lot on 17.348 acres in a C-G zone for Gateway Marketplace Subdivision No 2 by Landmark Development Group, LLC - SEC of Eagle Road and Ustick Road: Meridian City Council Meeting Agenda -June 26, 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. ~ ~ 10. Continued Public Hearing from June 5, 2007: CPA 07-003 Request to amend the Comprehensive Plan Future Land Use Map by adding and amending pathway locations for the Pathways Comarehensive Plan Amendment by the City of Meridian Parks and Recreation Department: 11. Continued Public hearing from June 5, 2007: Parks Master Pathwa Plan: 12. Public Hearing: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: 13 Public Hearing: PFP 07-002 Request for a Combined Preliminary/Final Plat to subdivide Lot 4, Block 1, Devon Park Subdivision No. 2, to create two (2) new lots for Devon Park North by Doug Tamura - 1960 North Lakes Place: 14. Public Hearing: RZ 07-007 Request for a Rezone of 0.19 of an acre from an I-L to an O-T zone for the property located at 305 W. Broadway Avenue for Vanbragt Property by Maria Vanbragt - 305 W. Broadway Avenue: 15. Public Hearing: AZ 07-008 Request for Annexation and zoning of 3.32 acres from R1 to C-G zone for Zamzow's Overland by JR LLC - 3620 and 3650 East Overland Road: 16. Public Hearing: ZOA 07-001 Request for a Zoning Ordinance /Unified Development Code (UDC) Text Amendment to modify, clean up and add specific sections to the UDC (see application for details of all sections proposed for amendments) for Unified Development Code Text Amendment # 2 by the City of Meridian Planning Department: 17. Public Hearing: AP 07-004 Request for City Council Review of an Appeal of approved CUP 07-004 to allow for the operation of a drinking establishment in an O-T zone for the Busted Shovel by Sherer & Wynkoop, LLC - 704 N. Main Street: 18. Public Hearing: AP 07-005 Request for City Council Review of an Appeal of the Director's Determination to deny a request for a sign permit for Primerica Sign by Todd Mendel - 1640 W. Cherry Lane, Suite 100 (Lot 2, Block 1 of Cheny Lane Crossing Subdivision): Meridian Ciiy Council Meeting Agenda -June 26, 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. ~ ~ 19. Ordinance No. 05-1186 B Amendment to Ordinance No. 05-1186 and 05-1186A for correction of legal description: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. -SEC of Jericho Road and Chinden Boulevard: 20. Amended Ordinance No. 07-1292B AZ 06-048 Request for Annexation and Zoning of 32.75 acres from RUT to a C-G zone (8.74 acres) and I-L zone (24.01 acres) for Creamline Park Subdivision by Creamline Associates, LLC -1200 West Franklin Road: 21. Ordinance No. AZ 06-065 Request for Annexation and Zoning of 22.30 acres from R1 to a C-G zone for Ahl uist Annexation by Ahlquist Development, LLC -Southeast Comer of the intersection of Eagle Road and Franklin Road: 22. Ordinance No. AZ 07-002 Request for Annexation and Zoning of 0.42 of an acre from R1 to C-G zone for the property located at 1970 North Meridian Road for Hartz Music Shop by Hartz Music Shop -east side of North Meridian Road & north of East Fairview Avenue: 23. Ordinance No. RZ 07-003 Request for a Rezone of 0.38 of an acre from L-O to C-G zone for the property located at 1990 North Meridian Road for Hartz Music Shop by Hartz Music Shop - east side of North Meridian Road & north of East Fairview Avenue: Meridian City Council Meeting Agenda -June 26, 2007 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Broadcast Report ~ Date/Tlme 06-22-2007 LocaIID 1 2088884218 LocaIID 2 04:58:02 p.m. Transmit Header Text City of Meridian Idaho Local Name 1 Llne 1 Local Name 2 Line 2 This document :Failed reduced sample and details below) Document size : 8.5"x11 " I Total Paaes Scanned : 4 /V~fi't7~jC€12 CITY COUNCfL REGULAR ~ MEEfilNG AGENDA mneto . ~ C1ty Couttott Chambers 33 East Idaho Avettue, tYlaridtan, Idaho Tuesday, June 26, 2007 at 7:00 p.m. ~4fthough lake C!(y oiMerldtan no langerre~ru~es sworn tesHmonY, a1I presentations bs/on3 the A4ayor and GYy Counral a-e exQected to ba truthlui and honest to the best of the abltPly of the presenter. ° 9. Rolt-ceN Attartdarrc®: David Za~remba Joe Borton Char{le Rountree Keith Bird Mayor Tammy de Ward 2. Ptedse of ASFeglance: 3. Commuttity ittvacatiott by Pas>?or Kevin Moyer with l8eridlan Flrst Baptist: 4. Adoption of the Agenda: s. CottsaM Agenda: A. Approve Minutes of June 5, 2007 Pre-Council Meeting; B. Approve Mtnu6as of June S. 2007 C{ty CouncA Regular Heating: C. t)svetopmant Agn3ettaent: AZ 07.002 Request for Annexatlon and 2or>Ing of 0.42 of an acre from R1 ~ C-G zone for the p~rtY located at 1870 North Meridian Road and RZ OT-003 Request for a Rezone of 0.38 of an acirs from L-O to C-O zone for Harg ~.t~ S ~o by Hastr Music Shop -east side of North Meridian Road & north of East Fahv3ew Avenue: Mmit6en CAy Coin MaatNag Agenda -,tune 26, Zittir Pegs 9 of4 A8 rr~teri~a Preserfted et publk n2ea6ngs dm@ tracom®propsrtY of (!te Cky ~ McAd~n. Anyone desMng tuxamfiadee0n tbrdes refeted to da+ts andlor heaArg, please co>~ct tits City t~erka Oleos at 88&4493 st248 hours pilot m sire pui~ rrr~g. Tn471 P~nuc fnnflrrs~orl • Q11 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 560 3810160 04:03:10 p.m.06-22-2007 00:00:00 014 1 G3 HS FA 002 560 8989551 04:03:10 p.m.06-22-2007 00:01:02 414 1 EC HS CP21600 003 560 8848723 04:03:10 p.m.06-22-2007 00:09:38 4/4 1 EC HS CP14400 004 560 ti886854 04:03:10 p.m.06-22-2007 00:00:53 414 1 EC HS CP31200 005 560 8985501 04:03:10 p.m.06-22-2007 00:01:37 414 1 EC HS CP14400 006 560 8467366 04:03:10 p.m.06-22-2007 00:00:51 4I4 1 EC HS CP28800 007 560 8950390 04:03:10 p.m.06-22-2007 00:01:05 414 1 EC HS CP28800 Date/Time 06-22-2007 LocaIID 1 2088884218 LocallD 2 Na. Job Remote Station 008 560 208 888 2682 009 560 8886777 010 560 8840745 011 560 208 387 6393 012 560 287 7909 013 560 20$8885052 014 560 8886573 015 560 8881983 016 560 2083776449 017 560 4679562 018 560 8886700 019 560 8884022 020 560 3886924 021 560 8841159 022 560 2088840744 Abbrevlatlons: Broadcast Report ~ ~ 04:58:11 p.m. Transmit Header Text City of Merldlan Idaho Local Name 1 Llne 1 Local N ame 2 Line 2 Start Time 04:03:10 p.m. 06-22-2007 Duration 00:00 49 Pages Llne Mode Job Type Results 04:03:10 p,m.06-ZZ-2007 : 00:01:37 4/4 4/4 1 1 EC HS CP33600 04:03:10 p.m. 06-22-2007 00:00:53 414 1 EC HS CP14400 04:03:10 p.m.06-22-2007 00:01:37 4/4 1 EC HS CP28800 04:03:10 p.m.06-Z2-2007 00:00:50 4/4 1 EC HS CP14400 04:03:10 p.m.06-22-2007 00:00:51 4/4 1 EC HS CP33600 04:03:10 p.m.06-22-2007 00:04:16 4/4 1 EC HS CP31200 04:03:10 p.m.06-22-2007 00:00;58 414 1 EC HS CP9600 04:03:10 p.m.06-22-2007 00:01:52 4/4 1 EC HS CP24000 04:03:10 p.m.06-2Z-2007 00:00:58 4/4 1 EC HS CP14400 04:03:10 p.m. 06-22-2007 00:00:00 0/4 1 EC HS CP24000 04:03:10 p.m.06-22-2007 00:02:55 4/4 1 -- EC HS FA 04:03:10 p.m.06-22-2007 00:01:37 4/4 1 EC HS CP14400 04:03:10 p.m.06-22-2007 00:00:50 4/4 1 EC HS CP14400 04:03:10 p.m.06-22-2007 00:00:58 4/q 1 EC HS CP31200 HS CP26400 HS: Host send PL; Polled local MP: Mailbox rint HR: Host receive PR: Polled remote p TU; Terminated by user CP: Completed TS: Terminated by rystem G3: Group 3 WS: Waitingsend MS: Maliboxsave FA: Fail RP: Report EC: Error Correct * ~ ,) • t .; . ; 't ; crrv aF ~ , _- ~ +~. .~"-`° __ ~~~~~1~~ ~~~ 1G}AHtJ ~~c ~~ 99Q4 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS 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 888-6844 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 ~,~~~~~ JUN ~ 6 200 cny ~~eM~d~~ pity Clerk Office DELIQUENCY FOR TURN OFF Schedule for June 27, 2007 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for June 26, 2007. Users having delinquent utility bills will be shut off on June 27, 2007. The total amount past due is $ 7,198.12. The number of past due customers is 90. Jaycee Holman Billing Manager CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAR 884-8723 FINANCE & LJTII.ITY BILLING -FAX 887- 13 MAYOR'S OFFICE -FAX 884-8116 • i 9 . CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Jun 26, 2007 04:48pm Current Period: 07/05/2007 -Transactions Included Through: 07/05/2007 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 1 22.50.4622.01 3D SEAMLESS SIDING INC. 903 MAIN STREET N Past Due Balance 65.63 155.31 2 22.50.1998.04 AL-SAMMAK, TAMMY 8~ KHUDEIR 129.75 202.58 991 CROSSBILL CT E 3 36.36.1014.06 ANDERSON, CLAY ~ SALINA 80.37 132.77 548 OBSERVATION DR E 4 37.37.3808.03 ANSELME-SOUTHALL JULIE 68.82 127.14 2156 BEARTOOTH WAY S 5 30.74.1122.02 ARMSTRONG, WENDI 57.41 91.70 101 1ST ST W 6 25.25.4090.02 BERKEY, ANDREW 76.76 144.52 4751 THORN CREEK ST W 7 30.74.2382.05 BERKHEISER, KEVIN & KATHY 93.41 284.00 936 LOUISVILLE CT W 8 30.74.0664.03 BEUTLER, SAMUEL J. & AMANDA 119.50 186.54 632 BARRETT ST W CASH ONLY TIL 4/5/08 FOR R. DE DOMINGO (?) DUE TO NSF WRITTEN TO GET/KEEP WATER ON. 9 37.50.0223.02 BOHNER, DAN & LACHELLE 54.77 121.67 2868 ALFANI WAY S 10 24.03.0396.05 BOOTHE, KEVIN ~ KITTY 57.88 140.49 841 TALL PINE PL N 11 24.03.0350.03 BRESCIA, STEPHEN ~ RAFAELA 76.34 125.76 675 ROTAN AVE N 12 30.30.6022.03 BROADLAND, J. & WHITE, T. 72.20 125.48 1589 SILVER SALMON DR W 13 36.69.0182.01 BURNS, DONALD 68.20 101.01 1444 DOBERMAN ST E • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment C ustomers Jun 26, 2007 04:49pm Current Period: 07/05/2007 -Transactions Included Through: 07/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 14 30.74.0402.01 CALLAWAY, LAUREL 71.74 180.81 733 BARRETT ST W 15 30.74.3518.06 CASTRICON, JENNIFER 95.91 152.96 971 HONKER DR W 16 23.23.3024.01 CHRISTENSEN, DWAYNE 52.95 172.63 976 IDAHO AVE W 17 20.46.0396.03 CORTEZ, NELSON 82.29 123.59 1154 CAUCUS WAY N 18 37.37.4214.03 CULLY, TAMMY 53.14 98.05 2025 BEARTOOTH WAY S 19 30.74.0322.03 CUTLER, SHIRLA 98.13 216.21 684 PENNWOOD ST 20 25.95.0818.01 DUPLEX, KENNETH 101.19 231.31 4279 HEARST ST W NO ARRANGEMENTS TIL 10/5/07!!!-CASH ONLY TIL 10/5/07 FOR CUSTOMER WHO WROTE NSF TO KEEP/GET WATER BACK ON. 21 23.02.2766.02 EDWARDS, LOTS 52.53 140.29 1251 4TH ST W 22 22.50.0524.03 ELLEDGE, DAVID 56.62 95.86 725 BADLEY AVE E 23 30.74.3676.05 PARSON, LESLIE 80.36 165.02 1139 PELICAN WAY S NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 24 30.74.2938.06 GALLEGOS, BRANDON ~ TIFFANY 54.16 121.50 1432 PINTAVL DR W 25 23.02.1400.02 GARCIA, ANDY 51.46 151.80 1513 1ST ST W 26 30.74.1010.06 GARDNER, GUTHRIE, ~ HEATH 101.60 180.56 68 ROSE CL 27 30.30.6238.02 GOMEZ, GUSTAVO 111.45 153.52 1231 JACKSNIPE DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Jun 26, 2007 04:49pm Current Period: 07/05/2007 -Transactions Included Through: 07/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 28 25.95.0423.03 GOODWIN, GARRETT 53.22 76.30 4676 NEARBY DR W 29 24.04.1746.01 GUERRA, AMY 81.76 171.66 2664 WILLARD ST W 30 24.62.0213.03 GUEST, KYLA ~ ROSCO, COLTON 83.20 136.04 2944 MARBETH CT W 31 24.04.0512.03 HARRIS, KATHY 54.74 120.89 2638 WAVE CT W 32 30.74.2988.02 HARRIS, MELISSA 70.55 147.81 1367 PINTAIL DR W 33 22.50.0678.01 HOOVER, LYND M 70.41 155.93 1318 4TH ST E 34 30.30.6128.02 HOUDE, RICHARD 8~ CATHRYN 70.94 116.14 1415 BROWN TROUT DR W 35 22.50.0226.01 HOWELL, JAMES 83.16 164.20 234 $ 236 STATE AVE E 36 20.47.1006.02 IMLAY, THOMAS & CARTER, DONNA 70.20 112.86 1064 PARKDALE AVE N (CORNER) 37 25.05.0772.03 JOHNSON, DAVID & KELLE 94.90 214.53 3742 PARK CREEK DR W 38 35.65.0236.02 JONES, DAVID & AMY 109.19 149.16 2521 RIVER DOWNS PL S 39 20.47.1036.02 JONES, FAROL 63.84 104.86 4264 BELFAST BAY DR E 40 36.69.0580.01 JONES, FRANKLIN 82.91 205.72 1265 SHEPHERD ST E 41 29.07.0894.03 KALINOVSKI, VITALIY 64.45 171.03 1922 MERGANSER DR W 42 23.01.1950.02 LADD, RONALD 8~ MILDRED 133.51 305.40 511 IDAHO AVE W 43 20.46.0372.03 LARSEN, PAUL 64.01 128.55 1057 CAUCUS WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Jun 26, 2007 04:50pm Current Period: 07/05/2007 -Transactions Included Through: 07/05/2007 Shutoff Minimum of $ 50.00 com pared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 44 30.74.3628.03 MARTINEZ, RICHARD 50.26 165.14 1035 EIDER DR W 45 37.37.3032.01 MARX, BRAD ~ JANA 58.66 145.22 3105 BEAR CLAW PL S 46 22.50.3888.01 MAXEY, STEFFANIE 89.82 212,77 1151 SHIRE AVE N 47 25.05.0648.01 McDOUGAL, MIKE 51.64 148.49 3452 PARK CREEK DR W 48 22.50.0400.03 McFADDEN, CLEORA 83.33 188.26 1108 2 1 /2 ST E 49 30.74.3246.01 MEYER, JOHN ~ LISA 67.32 173.02 461 PELICAN WAY S 50 24.03.0036.03 MOELLER, SCOTT 50.26 170.77 696 TIDWELL WAY N 51 30.74.5030.03 MONROE, GREG 65.20 115.82 1188THAVESW 52 24.03.0660.01 NEWHOUSE, RAYMOND 54.29 121.76 1665 PINE AVE W 53 20.46.0434.03 OLIVAS, MARCIA 8 NAB, RONY 83.98 145.84 3690 CONGRESSIONAL DR E 54 25.95.0323.07 OMAR, MOHAMMAD & 99.72 155.44 4479 HEARST DR W 55 36.69.1298.02 OSTLUND, HAROLD 71.20 148.70 2610 ABACO WAY S 56 22.51.1340.02 PATIO COVERS UNLIMITED 319.32 609.17 760 RALSTIN ST N 57 37.37.3972.04 PEREZ, GERARDO A 66.91 98.35 2166 ALASKA WAY S 58 23.01.3130.02 PETERSON, JIM 105.95 256.90 935 PINE AVE W 59 30.91.6268.02 PIKE, BRENT 69.33 112.45 _ 1202 BROOK TROUT CT W NO AR AN M NT FOR R NT R CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Jun 26, 2007 04:50pm Current Period: 07/05/2007 -Transactions Included Through: 07/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance PER HPM!!!!!!!!!!!!! 60 23.02.2610.01 PRIEN, TODD 65.04 172.14 464 PACK AVE W 61 46.46.6216.02 RAMELLA, ROBERT & NICOLE 57.00 121.93 3293 CAPULET WAY S 62 37.37.2954.02 REPACI, RANDALL & LYNETTE 85.95 139.80 2298 BEAR CLAW WAY S 63 35.38.0112.01 REUTIMAN, HEIDI 82.17 123.19 3143 CONDA AVE S 64 23.02.2290.04 RICH, JAMES 102.31 160.67 1230 2ND ST W 65 24.04.2006.02 ROBINSON, RICHARD & PRISCILLA 55.85 147.98 2060 SUNNY SLOPE DR W 66 25.09.0058.01 ROTELLA, ROB 8 JILLENE 73.53 132.78 936 BRITT PL N NO ARRANGEMENTS ALLOWED!!!-ROTELLA BROKE ARRANGEMENTS MADE ON 6/26/06.-ROTELLA'S PH: 208-412-4064 67 20.46.0456.03 SASMITA-KREUGER, KATHLEEN 56.19 86.00 3423 CONGRESSIONAL DR E 68 30.74.2966.02 SCHLESINGER, ROBERT & ZAIDA 64.29 163.81 548 CINDER RD S 69 22.50.2236.05 SILVA, HERBER & MARIA 90.53 145.91 1064 CRESTLEY AVE N 70 34.01.0026.01 SILVERSTONE TOWN SQUARE 115.69 154.60 3715 OVERLAND RD E 71 36.69.0186.01 STRAWN, CHRISTOPHER 81.76 114.58 1396 DOBERMAN ST E 72 35.65.0230.02 TANNER, BRENDA 58.32 119.68 2429 RIVER DOWNS PL S 73 30.30.5006.03 TAYLOR, EVERETT $ JEANETTE 96.91 244.09 197 8TH AVE S W ! i ' CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Jun 26, 2007 04:51 pm Current Period: 07/05/2007 -Transactions Included Through: 07/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 74 23.02.1190.01 TERRELL, A 96.17 139 88 13241ST ST W . 75 22.50.0138.07 THOMAS, MARY 116.90 139 98 1124 CATHY LN . 76 30.74.3604.03 TRUST, THOMAS BARBEY LIVING 93.51 143 81 998 EIDER DR W . 77 24.04.1438.05 VIRCH, HARRY 60.48 197 63 2960 SHERYL ST W . NO ARRANGEMENTS ALLOWED FOR RENTERS PER OWNER!!! 78 22.50.2000.02 VONTHADEN, ANDREW 79.00 119 42 997 CROSSBILL CT E . 79 25.05.0660.03 WARD, JEFF & JEANINE 72.51 271 65 1350 LAUDERHILL WAY N . 80 22.50.4296.02 WATKINS, JOHN 63.98 143 69 911 STONEHENGE WAY N . 81 24.04.1770.02 WATSON, WARREN 8~ LYNETTE 84.40 185 68 2548 WILLARD ST W . 82 30.30.6162.03 WEBER, TOM 59.41 102.26 955 SPOONBILL AVE S 83 34.34.6280.02 WEBSTER, DANIEL $ CHERI 61.17 158.62 2845 PROUD WAY S 84 36.53.0502.01 WESCO #7458/WDS 124.86 697.47 1395 TEARE AVE S 85 22.51.3580.02 WHITE, WES $ KELLY 108.69 280.51 126 KING ST E 86 24.04.1290.03 WHITEHEAD, KEVIN ~ DONNA 105.13 168.31 2591 CARLTON ST W 87 22.50.2134.05 WIEDMEIR, DEL 58.27 101.10 1287 STONEHENGE WAY N 88 24.04.1766.03 WILLIAMS, DARRELL ~ KITTY 77.51 156.88 2492 WILLARD ST W ~ITY OF MERIDIAN Ref Shutoff Account List CITY COUNCIL Standard Payment Customers Page: 7 Current Period: 07/05/2007 -Transactions Included Through: 07/05/2007 Jun 26, 2007 04:51 pm Shutoff Minimum of $ 50.00 compared to Delinquent Balance No Cust No Name /Service Address 89 24.61.0213.02 YOCUM, MICHAEL & KATHERINE 870 GRAY CLOUD N NO ARRANGEMENTS FOR RENTERS!!! 90 22.51.3810.02 YOST, PATRICIA 330 3RD ST E Grand Totals: 90 Customers Listed Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 1 Customer.disconnected = No Customer.shut off list = No Past Due Balance 57.70 131.92 70.14 169.21 7,198.12 14,907.44