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HomeMy WebLinkAbout2005-12-20CITE OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA REVISED 12-20-OS Tuesday, December 20, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. "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 best of the ability of the presenter." Roll-call Attendance: ~ Shaun Wardle _~ Christine Donnell ~ Charlie Rountree X Keith Bird ~ Mayor Tammy de Weerd 2. 3. 4. 5. Pledge of Allegiance: ~~l ~ lj ~~ Gt, vL Community Invocation by Shawn Ragan with Church of God Seventh Day: /y~C.f-Fiti.~r~t, Adoption of the Agenda: Consent Agenda: et~r-~ ~t aS fe v~~coC~ A. Approve Minutes of December 6, 2005 City Council Regular Meeting: ~~y.,,,,.~ B. Water Main Easement Aareement for Cole Vallev Christian Sce: a~r~,io vz C. Streetliaht Aareement for Saauaro Can on Subdivision No 3 by Farwest, LLC: ~~.~,,~ D. Streetliaht Aareement for Saauaro Canvon Subdivision No 2 by Farwest, LLC: ~,~,-~ vK., E. Streetliaht Aareement for Sutherland Farm Subdivision No 5 by Great Sky, Inc.: ~~~' F. Streetliaht Aareement for Sutherland Farm Subdivision No 6 by Great Sky, Inc: ~ Meridian City Council Meeting A e da -December 20, 2005 Page 1 of 2 All matenals 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 12-20-05 G. Streetlight Agreement for Fulfer Subdivision No 6 by Kevin Howell Construction: ~~~ v~.c. H. Agreement with MART for Baseball Field: . G-® ~ I. Water Main Easement Agreement for Nature's Child by LH Properties. LLC: ~~~„~o ~,.~ J. Water Main Easement Agreement for Nature's Child by Sundance Company: ~,~~ ~~ K. Approve Bills: ~~~'~~- 6. Department Reports: A. Parks Department -Doug Strong 1. Renaming Five Mile Creek Pathway the ,Bud Porter Pathway: ~~° '° r~ _ ~v~d'~.~ 2. Discussion of Proposal from Kiwanis to put Recycling Containers in City Parks for Fund Raising• B. Public Works Department -Len Grady 1. Approve Bid Award to Irminger Construction for installation of waterline at St. Luke's: rc~~,,.,~ 7. Items Moved from Consent Agenda: 8. FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County -south side of East Pine Avenue and west of Locust Grove: ~,~ ~, ~,~ 3~ Z~o6 9. Public Hearing: CPA 05-003 Request for a Comprehensive Plan Amendment to amend the text of the Comprehensive Plan to add design guidelines for the Urban Renewal District: ~fayrrv-r~' ~i~ae~.P ~r~j~a~.~ G~v~~~J 10. Ordinance No. ®~~ f 20 ~ AZ 05-047 Request for Annexation and Zoning of 13.556 acres from RUT to R-8 zone for Milford Creek Subdivision No. 2 by M&H Development, LLC -south of East McMillan Road and west of North Eagle Road: ~~~~, 11. Executive Session per Idaho State Code 67-2345(1)(c): (~%~ ~C~t~-~ Meridian City Council Meeting Agenda -December 20, 2005 Page 2 of 2 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. c:~; • ,,-. cirv of ~~ ~! * ` rq ~:~ erl~rcn IDAHO ~. BEN ~ . ~R ~ ~` TRP,gSURE V N1~Y g~NCE 1903 MAYOR Tammy de Weerd CITY COIJNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle 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 / 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 CITY OF MERIDIAN PUBLIC SERVICE ANNOUNCEMENT PUBLIC ANNOUNCEMENT /NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on Tuesday, December 20, 2005 for the purpose of reviewing and considering the application by the City of Meridian Planning Department for Comprehensive Plan Amendment to amend the text of the Comprehensive Plan to add design guidelines for the downtown district in the Urban Renewal District. More particular descriptions of the above information are on file in the Planning Department, 660 East Watertower Lane, Suite 202, Meridian, Idaho and are available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Copies of the above applications are available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three {3) minutes per person. Written materials may be submitted seven (7} days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 12th day of December, 2005. G. ~a~ ~ ~~. -.. 9 dB. ~ ,~ ~, ~k' E~ ~ E-.~ 6 = 'r',; ^~ JR."~ t~ .,LERK ~ / ~~®~+Ir r ~ e I n aso~®~~~ CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Q6as~ PKi ~f P~el'~ ~~;~~~n~~ ~~~~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 20, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, al/ presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Shawn Ragan with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 6, 2005 City Council Regular Meeting: ~. Water Main Easement Agreement for Cole Vallev Christian School,. C. Streetlight Agreement for Saguaro Canvon Subdivision No 3 by Farwest, LLC: D. Streetlight Agreement for Saguaro Canvon Subdivision No 2 by Farwest, LLC: E. Streetlight Agreement for Sutherland Farm Subdivision No 5 by Great Sky, Inc.: F. Streetlight Agreement for Sutherland Farm Subdivision No 6 by Great Sky, Inc: Meridian City Council Meeting Agenda -December 20, 2005 Page 1 of 2 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. G. Streetlight Agreement for Fulfer Subdivision No 6 by Kevin Howell Construction: H. Agreement with MART for Baseball Field: I. Water Main Easement Aareement for Nature's Child b LH Properties, LLC: J. Water Main Easement Aareement for Nature's Child by Sundance Companv: K. Resolution No. Adopting the Nat_ i_ Incident Management System as the Citv of Meridian Standard for Incident Management and Response: L. Approve Bills: 6. Department Reports: A. Parks Department -Doug Strong 1. Renaming Five Mile Creek Pathway the Bud Porter Pathway: 2. Discussion of Proposal from Kiwanis to put Recycling Containers in City Parks for Fund Raising: 7. Items Moved from Consent Agenda: 8. FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Campus Subdivision by Ada County -south side of East Pine Avenue and west of Locust Grove: 9. Public Hearing: CPA 05-003 Request for a Comprehensive Plan Map Amendment to amend the text of the Comprehensive Plan to add design guidelines for the Urban Renewal District: 10. Ordinance No. AZ 05-047 Request for Annexation and Zoning of 13.556 acres from RUT to R-8 zone for Milford Creek Subdivision No. 2 by M&H Development, LLC -south o McMillan Road and west of North Eagle Road: 11. Executive Session per Idaho State Code 67-2345(1)(c): Meridian City Council Meeting Agenda -December 20, 2005 Page 2 of 2 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. *'~ Tx ~T I ON REPORT ~wx RS OF DEC 16 ' 05 1~ PAGE.01 CITY OF MERIDIAN 03 DATE TIME TO/FROM 12/16 11:59 3810160 MADE MIN/SEC PGS CMDtt STRTUS 04 12/16 12:01 PUBLIC IJORKS EC-S EC-S 01'02" 002 00'39" 002 021 021 OK 05 12/16 12:02 8848723 EC-S 00'38" 002 021 DK OK 06 12/16 12:03 8841159 EC-S 00'39" 002 021 OK 07 12/16 12:04 2088840744 EC-S 00'40" 002 021 OK ~ 12/16 12:05 POLICE DEPT EC-S 00'39" 002 021 OK 09 12/16 12:07 8985501 EC-S 00'38" 002 021 OK 10 12/16 12:08 LIBRARY EC-S 00'39" 002 021 OK 11 12/16 12:09 2083776849 EC-S 00'39" 002 021 OK 12 12/16 12:10 3886924 EC-S 00'39" 002 021 OK 13 12/16 12:11 P-AND-Z EC-S 00'x" 002 021 p}~ 14 12/16 12:12 RLL AMERICAN INS EC-S 00'37" @02 021 OK 15 12/16 12:14 FIRE DEPT EC-S 00'38" 002 021 OK 16 12/16 12:15 208 888 2682 EC-S 00'39" 002 021 OK 17 12/16 12:16 208 387 6393 EC-S 00'38" 002 021 OK 18 12/16 12:17 ADR CTY DEUELMT EC-S 00'38" 002 021 OK 19 12/16 12:19 2088885052 EC-S 00'39^ 002 021 OK 20 12/16 12:20 LRKEVIEIJ GOLFCOU G3-S 01'17" 002 021 OK 21 12/16 12:22 IDRHO ATHLETIC C EC-S 00'39" 002 021 OK 22 12/16 12:23 ID PRESS TRIBUNE EC-S 00'39" 002 021 OK 23- 12/16 12?25 2088886701 EC-S 00'38" 002 021 OK ~~.~.5e, `~DS~ ~~~ r()bll(. Nm~ 1LQ,.." ~ l~i~t-~ CgT~' ~~ 1Y2~IA.N CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 20, 2005 at 7:00 p.m. City Gouncil Chambers 33 East Idaho Avenue, Meridian, Idaho 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 best of the abflity of the presenter. ° 1. Roll-call Attendance: Shaun Wardle Christine Donnell Charlie Rountree KeRh Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Gommunity Invocation by Shawn Ragan with Church of God Seventh Day: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of December 6, 2005 City Council Regular Meeting: B. Water Main Easement Aareement for Cole Vallev Christian Schgol. C. Streetlight Aareement for Saauaro Canvon Subdivision No 3 by Farwest, LLC. D. Streetlight Aareement for Saauaro Canvon Subdivision No by Farvvest, LLC. E. Streetlight Aareement for Sutherland Faun Subdivision No 5 by Great Sky, Inc.. F. Streetlight Aareement for Sutherland Farm Subdivision No 6 by Great Sky, Inc. Meridian City Council Meeting O~genda - Dscember 20, 2005 Page 1 012 All materials presented at pubic meetings shalt become property of the Ctty of Meridian, Myone desiring accommodation for disabilities rotated !o documents aruVOr hearing please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. I ~~ • • RE~~ED 12-20-05 CIT'~ ®~' 117E1~Il~IA.1~T CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 20, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected fo be truthful and honest to best of the ability of the presenter. " ~. Rotl-call Attendance: `~' Shaun Wardle "" Christine Donnell -~~Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Shawn Ragan with Church of God Seventh Day: 4• Adoption of the ro~ as ~`c~ Agenda: ~~Q ~~~•~c~ 5. Consent Agenda: p r e J ~J L A- Approve Minutes of December 6, 2005 City Council Regular Meeting: B• Water Main Easement A reement for Cole Valle. Christian School• C• Streetliaht Agreement for Saguaro Canvon Subdivision No 3 by Farwest, LLC. D• Streetlight Agreement for Saguaro Canvon Subdivision No 2 by Farwest, LLC. E• Streetlight Agreement for Sutherland Farm Subdivision No 5 by Great Sky, Inc.. F. Streetlight Agreement for Sutherland Farm Subdivision No 6 by Great Sky, Inc. Meridian City Council Meeting Agenda -December 20, 2005 Page 1 of 2 All materials presented at public meetings shall become properly 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. • G. Sfreeflicahf Agreement for F'ulfer Subdi Howell Construction: H• A reement with MART for Baseball Field: I• Water Main Easement A reement for Properties LLC: ~• Water Main Easement A reement fol Sundance Companv: K• Approve Bills: 6• Department Reports: A• Parks Department -Doug Strong ~vz~~~ Iz-ao-as ions 6 by Kevin ure's Child by LH lature's Child 6v 1 • Renaming Five Mile Creek Pathway the Bud Porter Pathway: ~~,,..., 2- Discussion of Proposal from Kiwanis to put Recycling Containers in City Parks for Fund Raising: B• Public V~rks Department -Len Grady ~ ~f ~~~-'~ 1• Approve Bid Award to Irminger Construction for installation of waterline at St. Luke's: 7. Items Moved from Consent Agenda: ~ $• FP 05-074 Request for Final Plat a ~~~ d-~ common area lot on 12.01 acres in a I-L zone odor 3 building lots and 1 .~ ~a Campus Subdivision by Ada Coun Weed and Pest Control S ~,,,~ ~ i and west of Locust Grove: ~ -south side of East Pine Avenue Public Hearing: CPA 05-003 Request for a Comprehensive Plan Map Amendment to amend the text of the Comprehensive Plan to add design guidelines for the Urban Renewal District: 10. Ordinance No. ~J ~~~ 7 O ~- Annexation and Zoning of 13.556 acres from RUT to R-g 7 Request for ~~ Creek Subdivision No. 2 by M&H Development LL zone for Milford McMillan Road and west of North Ea I C south of East g e Road: 11. Executive Session per Idaho State Code 67-2345(1)(c): i Meridian City Council Meeting Agenda -December 20, 2005 Page 2 of 2 ~7""''~' All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilifies 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 December 20 2005 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, December 20, 2005, by Council President Shaun Wardle. Members Present: Shaun Wardle, Keith Bird, Charlie Rountree and Christine Donnell. Members Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Will Berg, Steve Siddoway, Len Grady, Bill Musser, Kenny Bowers, Doug Strong, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Christine Donnell X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Wardle: All right. I would like to welcome everyone to our Tuesday, December 20th, 2005, regular City Council meeting. I will begin with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance: Wardle: Thank you. I'd like invite Caleb up here to lead us in the pledge of allegiance. (Pledge of allegiance recited.) Item 3: Community Invocation by Shawn Ragan with Church of God Seventh Day: Wardle: Thank you, Caleb. I have got a pin here for you. That was a wonderful job leading us in the pledge. I'd like to invite Caleb's dad Shawn Ragan here to lead us in our community invocation. Ragan: Members of the Council, let us pray. Father, we come before you, dear Lord, we want to thank you for this day, Lord, this time that we have set apart. Father, we just pray that you would be with our City Council members, Lord, as they are conducting the business of the city. Lord, we pray that you would give them wisdom and guidance in the decisions they make, Lord, that it might be a positive impact for our community and all those who live in it. Father, we pray that you might bless them in the work that they do here and in their daily life. Bless their families, continue to be with them and give them your guidance and strength. We thank you for this and all things, in Jesus' name, amen. Item 4: Adoption of the Agenda: Meridian City Council December 20, 2005 Page 2 of 20 Wardle: Thank you very much. Item 4 is adoption of the agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: We have on our regular agenda Item No. 8, which is Weed and Pest Control, has been requested to be tabled to January 3rd, 2006, and the attorney has requested that we just cancel the Executive Session, because of a conflict, not getting stuff back to us. With that I would move we approve the amended agenda. Rountree: Second. Do we have an ordinance number? Bird: Oh, yes. And ordinance number 05-1208. Wardle: It's been moved and seconded to adopt the agenda as amended with the additional ordinance number. All in favor? MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of December 6, 2005 City Council Regular Meeting: B. Water Main Easement Aareement for Cole Vallev Christian School: C. Streetlight Aareement for Saguaro Canvon Subdivision No 3 by Farwest, LLC: D. Streetlight Aareement for Saguaro Canvon Subdivision No 2 by Farwest, LLC: E. Streetlight Aareement for Sutherland Farm Subdivision No 5 by Great Sky, Inc.: F. Streetlight Aareement for Sutherland Farm Subdivision No 6 by Great Sky, Inc: G. Streetlight Aareement for Fulfer Subdivision No 6 by Kevin Howell Construction: H. Agreement with MART for Baseball Field: Meridian City Council December 20, 2005 Page 3 of 20 I. Water Main Easement Aareement for Nature's Child by LH Properties, LLC: J. Water Main Easement Aareement for Nature's Child by Sundance Company: K. Approve Bills: Wardle: Item No. 5 is our Consent Agenda. Bird: Mr. President? Wardle: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the President to sign and the clerk to attest on all proper papers. Rountree: Second. Wardle: It's moved and seconded to adopt the Consent Agenda. Mr. Clerk, roll-call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks Department -Doug Strong 1. Renaming Five Mile Creek Pathway the Bud Porter Pathway: Wardle: Thank you. Item 6, Department Reports. Item A is Parks Department. Doug Strong. Strong: Thank you, Mr. President, Members of the Council. Have two items that I would like to discuss with you tonight and get your action or response to. The first item is in our December 14th Parks and Recreation Commission meeting we discussed renaming the Five Mile Creek Pathway to the Bud Porter Pathway. I believe all of you read recent a-mails regarding Bud's condition and situation there. So, it was a unanimous vote by the commission to recommend to the Council to rename the Five Mile Creek Pathway after Bud. So, with that I would certainly entertain any discussion that you would like to have regarding that recommendation. Bird: Mr. President? Meridian City Council December 20, 2005 Page 4 of 20 Wardle: Mr. Bird. Bird: Doug, this has to be done -- be done I think fast and if it's okay with you, Diane has kind of been the go-between the family and us and we can make Christine have one more official duty, could we -- would it be okay with you if we had these two get it lined up and let's go for it? Donnell: Be great. Strong: That certainly would be fine with me. Bird: Diane, are you okay with that? Is that okay with you, Doug? Strong: Yes. Bird: Okay. If it's okay, I'd move we -- I'd move, then, as a Council that we approve the renaming of Five Mile Creek Pathway to the Bud Porter Pathway. Donnell: Second. Wardle: It's been moved and seconded to rename the Five Mile Creek Pathway, the Bud Porter Pathway. Council, all in favor? MOTION CARRIED: ALL AYES. Wardle: Thank you very much. Rountree: On either end? Bird: How long will it take to get them? Strong: They should be able to get the sign within a week, I believe, at the outside. Bird: Good. President, are you going to authorize the -- getting the sign ordered? Wardle: Yes, Mr. Bird, Iwill -- I guess as far as my discretion certainly authorize the Parks Department to order signs and ask the Council liaison to approve the expenditure when completed and certainly we all know Bud's service to the city with the Parks and Recreation Commission and feel it's a very worthy honor. Bird: And I would like to offer up that one organization that I belong to would like to purchase one of the signs. Donnell: That would be great. Meridian City Council December 20, 2005 Page 5 of 20 Strong: Thank you. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I know Frank's here this evening and I think that it probably appropriate that he get the story from Doug and Diane and make sure that what we can either glean from the story or take from his copyright, make available to folks in the community who don't understand who Bud is and why -- what he's done. So, I think that will help. Because somebody's going to ask, well, who was Bud and why did he get a pathway named after him. I think that would be beneficial to have. Strong: Mr. President, Members of the Council, just maybe to take what we are proposing a step further, the samples of the sign follows our basic sign design and policy for park naming -- under our park naming and sign committee. That would certainly be appropriate to place those signs at the Linder entrance to the pathway and the Meridian entrance to the pathway. We think it would also be appropriate somewhere maybe in the future to place kind of an interpretive sign or a some kind of description of Bud's -- the reason for the pathway being named after him on a rock or a stone, maybe somewhere along a memorial tree path in the park, and we can certainly come back to that at a later time, but I think people will be interested in knowing why the pathway is named after Bud and we certainly want to tell that story, so -- Rountree: I don't want to only complicate -- that's a great idea. Do we have an easement issue on the Meridian Road side? Strong: We do with other signs. There is a number of signs that have been placed on the north side of the pathway that are becoming kind of obstructive and I visited with Elroy about today. I think that we need to address that and see if those signs are placed in conformance with ordinance or not. Because I know I was plowing snow there yesterday and when you come out to the end of the path you can't see north on Meridian Road very well, so -- Rountree: Probably need to -- Strong: Looking very cluttered as well. Rountree: Yeah. Yeah. Strong: Not very attractive. Rountree: And I don't know if they are buying permission of the underlying fee owner or -- Strong: I believe they are just outside of our easement for the pathway. Meridian City Council December 20, 2005 Page 6 of 20 Strong: Yeah. So, the church will have to -- or not. It just happened -- sometimes it just happens. Wardle: Thank you, Doug. Council, further -- got some action and, certainly, Doug, one of the things that I would like to see in the future is maybe some additional interpretive scripts, whether they are memorialized on the properties or not, at least for the Parks Department to have those parks and pathways and things in the city we name after individuals to begin collecting the information, so it's readily available for those new citizens to Meridian who may or may not know who these properties are named after. So, thank you. And placed on the website would be an excellent idea. 2: Discussion of Proposal from Kiwanis to put Recycling Containers in City Parks for Fund Raising: Wardle: All right. Thank you. Item 2, Doug. Strong: Mr. President, Members of the Council, the second item is another action item from our December 14th Parks and Recreation Commission meeting. As you all know, we are in partnership with Kiwanis clubs to build -- Kiwanis club to build a park in -- near Mountain View High School and the members of that club have come to us with a request for a fundraising project that's typical to what's happened in Boise over the years for recycling containers that they have placed at different locations. The proposal is to place recycling containers at our City Parks and the action of the commission was to recommend that the approval of placement of these recycling containers at Bear Creek Park, Settler's Park, and Tully Park. The reason I bring this forward tonight for a discussion is I think it does at least bring up two items of concern and I'll let our deputy attorney address anything additional that might be legal issues, but certainly it does establish a precedent for fundraising on public property, which I feel is a Council decision whether we want to get into that game or not. But because we have a contract with SSC for our collection in Meridian and they also have on curb side recycling program where the funds from that curb side recycling program come back into a recycle account that we use buy playground equipment and recycled bleachers and things like that, is there a conflict here with this proposal. Our interest, certainly, is to support Kiwanis club efforts, because they return a great deal to the community, but we want to be careful, I guess, and think about how we approach this particular request. So, with that Iwill -- and I don't know if Deputy Attorney Baird has anything additional to add that I didn't cover. Baird: Mr. President, Members of the Council, Mr. Strong touched on two of the items that were of concern. That would be the precedent you're setting of using the public facility for service group fundraising. If you approve this, what criteria are you going to use when you have other groups asking to use the parks. And this -- it's not necessarily a legal issue. Another issue is sort of a use conflict where you have got a park, a parking lot -- these are dumpster-size receptacles that are going to take up a parking spot, you're going to have people coming in to dump off who might not necessarily be a Meridian City Council ~ • December 20, 2005 Page 7 of 20 park user, so you're increasing traffic. What was -- the last one was -- yeah, esthetics and use conflicts were the other two issues that were discussed at the parks board and thought that we should probably receive input from you before we go forward, because we have identified the parks, but we'd have to -- the Parks Department would continue to work with the Kiwanis to specify the particular location and, then, we would have to issue sort of a license agreement to allow them to actually place that receptacle on the park property. So, it would come back to you in the form of a license agreement that you would be approving. But before we take the steps to, you know, move further we thought we'd get your input, sort of why I asked Doug to give his presentation tonight. Bird: Mr. President? Wardle: Mr. Bird. Bird: May I ask a question of you or Doug? Didn't we -- didn't SSC, when they put up the recycled tennis shoe bin, wasn't that -- was that -- it was either on western Ada's or our property at Storey, wasn't it? And wasn't that a -- wasn't that a fundraiser? Strong: Yes, it was. It was managed through SSC. I don't know what -- Bird: What would be the difference is the only question I have got. Strong: Well, I think SSC only does curb side recycling. I don't know that they go around and empty the other recycling containers in the community like you see at Albertson's. I'm not sure how that's handled here, whether they only do curb side or whether it's Western Recycling that comes for the larger containers, I don't know that. Bird: But if I remember right -- oh, excuse me, Mr. President. Wardle: Mr. Bird. Bird: If I remember right, they had an actual container out there that we threw tennis shoes in, old Nike tennis shoes and I -- and to my knowledge they picked it up. Strong: They did and it was one of those large construction containers that you use at a construction site to dispose of debris from a construction site, rather than a typical recycling container. I have not seen any of those attached to SSC, but I'm not aware of -- Rountree: I think on that particular item, Mr. President, SSC sponsored that event and the city to collect and recycle tennis shoes. It was a joint effort amongst several groups and it was for a time specific. Bird: Okay. Meridian City Council December 20, 2005 Page 8 of 20 Rountree: And it was like a month or two campaign. President Wardle, actually, has one of those kinds of drums in at least one of his establishments that I know of and they -- or all of them and they come and empty them, but it's for like 90 days or something like that, and if they don't get enough volume, then, they don't get the credits and if they get enough volume they get to be -- meet certain standards and criteria, they shred them and turn them into some kind of playground turt. But it's not a year around continual kind of an event. Wardle: And that is correct on SSC specific project. I guess my concern with request from Kiwanis -- and certainly my initial thoughts are that in the park that they are -- that they are building, it seems to make sense that -- that that activity happened within a parking lot which they have designed and constructed and those sorts of things. I assume the request is city wide, however. Is that -- or am I incorrect? Strong: The recommendation was only for three parks. Because of the size of the parking lots -- and these aren't the small like 50 gallon barrel recycling containers, these are the larger ones that a truck comes and picks up. So, there wouldn't, really, be any management requirements by either Kiwanis or our department to take the recycled material somewhere and dispose of it, it would be done by a company. And so the containers are quite large, like you see in Albertson's parking lot or by D&B Supply, which is the picture that you have in your packet. So, there are certainly parks that the parking lots are large enough that it would work and whether people in the community would be motivated to take it there or not, I don't know, since we curb side recycling, but -- Bird: Which parks are they wanting to put it in? Strong: The recommendation from the Commission was Bear Creek, Settler's Park, and Tully Park. Bird: I thought it was -- excuse me. I thought they wanted to put it out at Kiwanis. I'm like Mr. President, I thought, you know, they have helped build that park out there, but, man, you're talking about the three biggest parks and I hope those parking lots do need every space. Strong: I believe that Kiwanis would be in the future, since the parking lot's not constructed yet. It wasn't included in the list. Rountree: Mr. President, I don't know what action we take on this, other than discussion, but this is one councilman that has been on the public record in past councils to oppose these kinds of activities for a number of reasons. But, one, I think these sites, though, are done with grand intentions. They tend to get a little dilapidated over time, the public tends to abuse them and it becomes a waste issue. We spend a lot of money and we spend a lot of time directing architectural and landscape activities in our parks, as well as in our community and, then, we turned around and potentially allow this action. I think it also takes away from our pretty significant effort we have Meridian City Council December 20, 2005 Page 9 of 20 going on in the community in terms of recycle curb side activities. We do a great job in Meridian. We could do better. We make a significant amount of money with the recycle effort in the city to go to some improvements in parks and I would hate to discourage that by having yet more of these large -- I need a lawyer to give me the word, but -- Baird: Receptacle. Rountree: A receptacle. Not terribly sightly receptacles. So I -- Bird: Is that a motion? Rountree: I don't know if that's a motion, but that's how I feel about it. Donnell: Mr. President? Rountree: I think it's the right cause, but it's an inappropriate applicant for that cause. Wardle: Mrs. Donnell. Donnell: Before Iget -- I talk about what my opinion is, I'd like to know, Director Strong, if you are favorable toward this or not. I'm going to put you on the spot here a little bit, because you have presented it very unbiasedly, I think -- is that even a word? Without bias. Rountree: It is now. Bird: If you can pronounce it, it's a word. Donnell: Good. I have got other things I could pronounce, too. I mean as the keeper of all parks for the city, do you view this favorably? Strong: Well, Mr. President, Councilwoman Donnell, for my opinion, I would concur with what Charlie is saying. I think there are appropriate ways to encourage recycling in our parks and particularly around areas where we have concession stands and there may be the sale of soda pop in aluminum cans or something like that where we could put smaller recycling barrels at that site and, then, the organization that runs the concession stand could manage the recycling of those recyclable materials at the concession stand. I think to tum our parking lots into recycle areas is not the best direction for us to go. Donnell: Mr. President, follow up? Wardle: Mrs. Donnell. Donnell: While I, you now, have hardly ever agreed with Councilman Rountree in the past, but, you know, I'm going to try really hard in the last two meetings. I, actually, Meridian City Council • December 20, 2005 Page 10 of 20 would agree and I'm glad to hear you say that. As a former Kiwanian it's a great fundraiser for them, but they do have those receptacles at Albertson's, at D&B, you know, all at those places and those seem to be more appropriate places for them and I think the encouraging of recycling curb side is really, you know, most important. So, I would also agreed from this standpoint. Rountree: Mr. President, just to add some information there. SSC has done a great job with the recycle program institutionally as well and they have purchased some specific containers that are mobile that they will come and pick up and they are being utilized extensively in the schools and they are roll up and they are segmented into the various kinds of compartments for the various things and they are kept very tidy and they are being sponsored and supported by the teachers and principals and that's working quite well and it's kind of just adding along the lines of what Doug said, is that if there were concessions at activities in the park, they could do that kind of stuff with that, but just as a repository, I don't think it's appropriate. Bird: Mr. President? Wardle: Mr. Bird. Bird: Council would you -- I mean would you have any problem with Kiwanis, seeing how they built their own park, if they was to do -- you know, to put a recycling out there, that's kind of in an area where there isn't a lot, it's asmall -- smaller park. We won't have concessions or anything there. It's something -- because the Kiwanis, you know -- and lagree ahundred percent with what Councilman Rountree said, but in the same token, they do do a lot for the youth of the community. Rountree: That's true. Bird: So, while the motion would be to do that, would you guys have heartburn if the commission would workout something within their park? Wardle: I certainly think that, Council, what we have got on the table is a discussion of a request for three parks, which certainly doesn't sound like this Council's willing to do in terms of the current recycling atmosphere in the parks. However, I think that at such time as the park becomes completed, that that request could come forward and maybe with a little direction from the Council to the department and the department to the commission, that could become a potential possibility. Does that sound fair? Bird: That sounds fair to me, Mr. President. Wardle: Okay. Mr. Baird, we do have a recommendation from the commission. Do we need to take formal action on that or can we -- Baird: Mr. President,. Members of the Council, I recommend, just for the record, that you take action to accept or -- trying to think of a softer word than reject, but decline to Meridian City Council December 20, 2005 Page 11 of 20 • accept the recommendation, if that's where you're headed, and you can add whatever language you want as far as direction for bringing forth a new proposal for Kiwanis Park. Donnell: Okay. Mr. President? Wardle: Mrs. Donnell: Donnell: I'd like to make a motion that we decline to accept the recommendation of the parks commission. You will, of course, tell them this very nicely, won't you? Strong: Yes. Donnell: And that we direct the parks director to talk with -- or to look at the possibility of having that kind of a recycling effort at Kiwanis Park. Bird: I'll second it. Donnell: Okay. Wardle: It's been moved and seconded to decline to accept the recommendation from the parks commission. All in favor? Motion carries. MOTION CARRIED: ALL AYES. B. Public Works Department -Len Grady. 1. Approve Bid Award to Irminger Construction for installation of water line at St. Luke's: Wardle: Item B is Public Works Department. Len Grady. Grady: Mr. President, Members of the Council, we received three bids for construction of a water line through St. Luke's hospital last week and couldn't quite get it on the Consent Agenda, so what I'm asking for is approval of award of bid to Irminger Construction for a bid amount of 98,928 dollars. That will be -- that will, basically, take it from near I-84 up to Franklin Road. We received two other bids, Sommer Construction for 126,770 dollars and Star Construction for $142,042.30. So, tonight I'm just asking for approval of award of bid. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: Len, a couple questions. Is that bid consistent with what your engineering estimate is? Meridian City Council • December 20, 2005 Page 12 of 20 Grady: Yes. Rountree: And I'm not familiar with this firm. Are you comfortable with them? Grady: Yes. They performed some work for us on Victory Road water line, very similar type project, and they have, actually, done quite a few of our well houses, so -- Rountree: Mr. President, I would move that we approve the award of the bid to Irminger Construction for the installation of the water line to St. Luke's. Bird: Second. Wardle: It's been moved and seconded to approve the bid for water line construction from Public Works' recommendation. Mr. Baird, do I need a -- I can call for the question, right? Baird: Yes. Wardle: Thank you. Okay. All in favor of the motion. Motion passes. Thank you. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: Wardle: Item 7. No items were removed from the Consent Agenda Item 8: FP 05-074 Request for Final Plat approval for 3 building lots and 1 common area lot on 12.01 acres in a I-L zone for Weed and Pest Control Camaus Subdivision by Ada County -south side of East Pine Avenue and west of Locust Grove: Wardle: Item 8 has been tabled until January 3rd. Item 9: Public Hearing: CPA 05-003 Request for a Comprehensive Plan Map Amendment to amend the text of the Comprehensive Plan to add design guidelines for the Urban Renewal District: Wardle: Item No. 9 is our Public Hearing on CPA, Comprehensive Plan Amendment, 05-003, for design guidelines for the Urban renewal district. Mr. Siddoway. Siddoway: Thank you, Mr. President, Members of the Council. This is a proposed text amendment to the Comprehensive Plan that would add design guidelines for the downtown area. It would be applied in the Old Town zoning district and I have a presentation that runs you through the highlights of what those guidelines are. First of all, some background. Why do we want design guidelines? It was identified several years ago that the current process that we have at the time that required every use in Meridian City Council December 20, 2005 Page 13 of 20 ' downtown to be a Conditional Use Permit was disincentive for redevelopment downtown. If someone could go on the fringe of the city and develop a commercial building as a permitted use and go through a staff level approval process, versus coming downtown and having three to four months in a conditional use process, that was a clear disincentive to come downtown and we wanted to level the playing field. At the same time, we knew that we did not want downtown architecture to be anything goes, so we wanted to have some standards. We want to have downtown buildings respect the historical nature of many of the buildings that are in the downtown. Discussion was had for awhile did we want to establish a design review committee for downtown or elsewhere in the city and it was determined that, no, we didn't want to add another layer of government and complicate the process, we wanted to establish some guidelines that if applied to would streamline their approval process. The new Unified Development Code envisions using these design guidelines for the downtown area as well and are referenced in them. Next slide, please. The design guidelines have been developed over the last three years. There was a significant design workshop that was held at the police department three years ago where many many different interests were at the table, developers, project owners, architects, real estate professionals, and downtown business owners, et cetera, all coming to talk about a first draft that was out at the time. We took the comments that were received, there was a subcommittee that was formed, the members of that subcommittee are in your packet, but also from -- including folks from the community, like Rich Allison, included architects like Walt Lindgren and Farmers and Merchants Bank representatives, et cetera. As we got to the refinements, there were questions that arose about how it would relate to -- we had just kicked off the process for the new UDC and it was the determination of Council over a year ago to put the design guidelines on hold while we went through the UDC and that once we established those new codes, we would make sure that the design guidelines were in sync with them and bring them back forward. We now have that UDC adopted and we are bringing these design guidelines forward as well. It did have a public hearing at the Planning and Zoning Commission on October 3rd. It's been recommended for approval. It was also reviewed by the MDC board at their -- I believe their September meeting and was recommended for approval by the MDC board as well. Next slide, please. Certain guiding principals override all of what we were trying to do. We wanted to have mixed uses downtown. We want to encourage that. We want the buildings and the architecture to be compatible with the historic structures that we have down here. We want the ground floor, the street level where people walk, to be active. Store fronts. Window shopping. Those types of activities. We want quality building materials to be used. We want to support future multi-modal transportation, especially along the rail, but also bus systems that might be coming downtown in the future and, frankly, walking, biking, and other forms of transportation. We want to support the streetscape standard that MDC has been working on and we want to create that civic pride of place where people can look at downtown as the heart of their community. Next, please. Okay. The elements of the design guidelines. Setback issues. Instead of a specific setback, we will -- we are proposing two lines that you build up to the front of the property. Plazas are optional and parking would be in the rear of the building and not on the street. I have here -- the next several slides have examples of each of these topics and on one side you will see a yes and one side you Meridian City Council December 20, 2005 Page 14 of 20 • will see a no. So, this is what we would encourage, building up to the street, wide sidewalks, on-street parking. This design with the building setback and parking between the street and the building, we would not encourage downtown. Next. Building orientation. We want the primary entrance on the street side. We want service areas in the rear of the building. We want mechanical equipment to be screened and not visible from the street level. This is an example of active doors at the street side. And this is actually a blank facade of a downtown building here in the valley where the entrance is at what you would consider the rear street and the street side, actually, doesn't have an entrance on it. That would be not compatible with our vision downtown. Next, building height; we said a minimum two stories, a maximum at the street of three stories, but the real maximum is a four story or 75 feet, with a ten foot step back. Basically, we are allowing up to a four story building to be built in downtown with staff level approval, as long as they comply with these guidelines. The thought was -- and there are provisions for going taller, specifically along the rail line, to support future transit, but that would require a Conditional Use Permit. The thought was if it's taller than four stories, City Council is probably going to want to see it. And if it's going to be a significant project, it really should come through a Public Hearing process. Next, building form; we -- parapets, which are the -- at the top of the building, are required. Here you see a building with a parapet next to a building that's difficult to see because it's white, but with no parapet. Parapets would be required. They help screen the roof mechanical equipment. They do many things, actually. The comer elements are encouraged. Not required, but certainly allowed. Comer chamfers, which basically, just means cutting off the comer. There has been interest and there was asking of architects and things can we do this and so it's allowed. Again, not required, but it does make allowances for that. It also makes allowances for projecting balconies on the upper stories. And there is a maximum -- I believe it's six feet that they can project. Next, the facade treatment; we do wish to have most of the ground floor as a store front. There is a minimum amount of glass. We require frequent active doors. The materials, brick, stone, tile, stucco, all allowed. Didn't want metal siding, cinder blocks, other things that you might see, but -- so no concrete masonry. It does allow -- the question came up what about the alley side? Do you have to dress that up as much? What's stated is that it may be made of other materials, but it has to be at least painted compatibly, so that it works together. Next, okay; so, here is some examples. Here is a yes. We have -- we have active doors frequently -- store fronts. We have quite a bit of glass and less so on the second story. We got the store fronts. Here we have a blank store front, not as much active window space. This one they have actually done a good job of the first story, but the second story is forgotten and so we have different standards for on the first floor and, then, lesser standards for the upper floor. Materialwise, brick, stone, parapets all allowed. Metal siding with no parapet, that would be not allowed. Okay. Next, mid block pedestrian pathways; they are allowed. If this is the street out here and the parking is in the rear and it was asked, you know, if we want to make a pedestrian pathway to cut through the building, would that be allowed. The answer is yes. Allowed, but not required. If they want to -- if they would like to build up a continuous store front, then, that is allowed also. Those mid block pathways would need to be located at the center of the block, with at least 10, 15 feet between buildings. Really don't want it to get any tighter than that if they are going to try Meridian City Council December 20, 2005 Page 15 of 20 • to put a pedestrian pathway like that and there is requirement that if they do it that it be lighted and there is visibility requirements as well. Next, streetscape is not directly handled. There is a reference to MDC's forthcoming master plan. They -- as MDC works on that master plan, they will be setting those streetscape elements, the trees, their spacing, the tree grates, the street lights, the benches, you know, all the street furniture elements will be defined by that. We reference that and it says until that master plan is adopted, we reference the streetscape that you see along Main Street today, which is exactly how we dealt with Farmers and Merchants as they came through and asked them to match what had been done previously. Next, parking; there is an off-street parking requirement, which is the same uniform city wide, one space per 500 square feet. There is a provision that once MDC adopts an in-lieu fee at some point in the future, that they have that option of either building parking on their site or doing an in-lieu fee that would help go toward a future parking structure of some kind. Off-street parking when provided needs to be in the rear behind the building. On-street parking is, actually, encouraged throughout the downtown. For structured parking when it's put into a parking garage, the ground floor is to be -- have tenant space in it, at least 30 feet deep, and screened. This is a parking -- this is a parking garage and as you see with ones in Boise and elsewhere, they have the ground floor with some active uses, so it doesn't kill the activity on the street level. The cars that are parked up here are screened with low screening walls and these are just open air, as opposed to a parking garage that is just open and has steel cables drawn across. Or this one that has no active uses along the street level and, therefore, kills this area as a -- it's pedestrian amenity. Next, please. That is it. We hope -- we have been working for years now, together with MDC, City Council, setting up the renewal agency, working to revitalize our downtown. This is the next step of that and will provide some guidance on how we expect structures to be built in the downtown area and those that comply with it get to go through a more streamlined staff level process. Those that don't still have the option to go through a Conditional Use Permit and come to Council. And I will stand for any questions. Wardle: Thank you, Steve. I have a couple opening questions here real quickly. First, on building height? How are you calculating that? Is that the top of the roof or is that the top of the parapet? Siddoway: The -- I'm trying to remember. I asked Daunt this question, because we just go by what Uniform Building Code says. However Uniform Building Code defines it is how we will define it. Often there can be a parapet with a sloped roof behind it. If that's the case, it's mid point of the sloped roof behind it. But it's however Uniform Building Code defines it. Wardle: Have you -- did we address basements in the design guidelines? That wouldn't count within the calculation for building height; correct? Siddoway: No, it wouldn't count -- building height is from ground level up. Meridian City Council December 20, 2005 Page 16 of 20 Wardle: And just I guess my final initial question, if I wanted to -- let's say I were to purchase a city block or two and wanted to vary from these guidelines, I would need to bring that before the City Council? Siddoway: As a conditional use. Wardle: As a conditional use. Okay. Council? Mr. Rountree. Rountree: Mr. President, I have kind of a picky question, and it goes back to where you're talking about pedestrian walkways between buildings. Siddoway: Yes. Rountree: And you said -- Siddoway: Want to go back to that? Rountree: -- they could be located in the center of the block? Siddoway: Yes. Rountree: Well, I know at some point in time somebody's going to propose a walkway that's going to be 15 feet from the dead center of the block and somebody is going to say, well, you have to give a variance for that. So, is that about center? Is that a staff call? Is that, you know -- Siddoway: It's a good question. I don't know that I have a direct answer. If you would like to give them the flexibility, which I'm sounding from the tone that you would, then, let's just define it that way in the minutes and -- Rountree: That's good. Let's be flexible, because I think those are the kinds of things that make the downtown interesting, as opposed to the uniformity of the -- Siddoway: Agreed. I have no problem with that. Rountree: Okay. And throughout where you run into -- and I'm sure there is other situations, but that one just popped out at me. No, I think it's a good approach, it's understandable, it is flexible. Certainly Farmers and Merchants were the test bed for some of this stuff and I think they did an outstanding job. Siddoway: Yes. Rountree: So, yeah, looking forward to seeing this get in place. Siddoway: It's helpful that there are so many photos in the design guidelines, because you have the sense -- as you're interacting with a customer, you can more clearly say Meridian City Council December 20, 2005 Page 17 of 20 • this is what we want and this is what we don't want and you have this or that. And it helps to have a visual set of guidelines, as opposed to just a written set. Rountree: Mr. President, I agree with that and I think if you could even add more, it would be even better, and my suggestion there would be to try to be more inclusive of some modem -- not contemporary architecture, but new buildings that reflect what we want in downtown and, obviously, at Farmers and Merchants and a couple new buildings in downtown, but I don't know that we necessarily want hoked up history either. Siddoway: Right. And this doesn't set a specific time period for a building, it simply requires quality materials, up to the street, active store fronts, and the actual design is up to the property owner and the architect. Rountree: Yeah. Okay. Siddoway: As a preview of what's to come, we -- a couple weeks ago City Council did approve the contract to do the next phase of the design guidelines. They will be establishing design guidelines for the traditional neighborhood centers, which is a new zone in the UDC and we will also be using those design guidelines for the more residential areas of Old Town as well. These will be true to the core downtown retail office type spaces and we will also be having design guidelines for the -- those that are in more of a transition area that tend to be more residential in nature. Rountree: Mr. President, another question. I don't know if you have a slide that shows it, but there are some folks here that don't necessarily know where this going to apply. Do you have some -- Siddoway: I don't have -- I can certainly put it up -- Rountree: Just for the three to four people in the audience that may not know. Siddoway: Let me put that up. Wardle: While Steve is doing that -- Rountree: I know this one knows and this one should know and John probably knows, so -- okay. Well, then, don't bother. It's nice to be so at home. Siddoway: Thank you very much. If the Council chooses to approve this, Ithink -- I believe the action would be to direct the attorney's office to come back to you with a resolution adopting these as an addendum to the Comprehensive Plan. Wardle: Thank you, Steve. And thank you very much for all of your work on this project. I know it's been a long time coming, but it looks great. This is a Public Hearing. Meridian City Council December 20, 2005 Page 18 of 20 Is there anyone else that would wish to provide testimony on our application? Mr. Bowman. If you would, please, state your name and address for the record. Bowman: Claire Bowman, 4400 West Legacy Lane, Meridian. I am the administrator for the urban renewal agency known as Meridian Development Corporation. I will try not to take much of your time, because I simply underscore a few of the points out of what Steve did in his presentation. These guidelines are long overdue. The designs as they are presented, especially the picture comparisons, show an appropriate downtown look that adequately blends opportunities for retail, for residential above some of that retail, and for pedestrian friendly environment to make that happen. The text is clear as well. Staff approval is a key to it, I believe. Design review with approval that is used in Boise city works for them and it simply replaces a layer of bureaucracy at city council level with one at a different level. This one avoids that, appropriately, I believe. He underscored that MDC is preparing a streetscape package that is anticipated to be companion to this. Collectively, the changes here will assist in leveling the playing field for downtown development compared to some of the more fringe developments. Two particular proposals that are coming forward, one that would normally have to go through a three to four month conditional use permitting process, we anticipate can be approved within a matter of a couple of weeks at staff level and you may well see some buildings coming out of the ground very close to City Hall here. I think the target date that I heard today was as early as March or April. That, of course, requires some other city action as well. And we have one that's likely to be coming forward for an improvement to an existing industrial use. These guidelines will, indeed, help us shape that facility so that it either can continue under its current use as an industrial facility or encourage the MDC and/or owner to move that facility. So, very strong support from the board and from me personally. Thank you. Wardle: Thank you, Claire. Again, this is a Public Hearing. Does anyone else wish to provide testimony? Council, any additional comments from City Council? Rountree: I have none. Wardle: Echo the good work both from staff and all of the public and those interested parties involved. So, it has been a great process and a long time coming. With that said, I would entertain a motion to close the Public Hearing on Item 9. Rountree: So moved. Donnell: Second. Wardle: It's been moved and seconded to close the Public Hearing on Item 9. All in favor? MOTION CARRIED: ALL AYES. Meridian City Council December 20, 2005 Page 19 of 20 • Wardle: Mr. Baird, clarification for proper action for this body. Would that be to recommend staff prepare an amendment? Baird: Mr. President, Members of the Council, you'll actually see two documents come back. The text amendment to the Comprehensive Plan would come in the form of a resolution and, then, there is a portion that integrates it into the UDC, which you will see in the form of an ordinance. So, you can just direct us to bring those items back consistent with what's been presented tonight. Rountree: Mr. President? Wardle: Mr. Rountree. Rountree: I move that we approve the request in Item No. 9 and direct staff to prepare the proper resolution and ordinance to make this happen. Donnell: Second. Wardle: It's been moved and seconded to approve -- or to direct staff to bring documents forward to approve the Comprehensive Plan amendment. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 10: Ordinance No. 05-1208 AZ 05-047 Request for Annexation and Zoning of 13.556 acres from RUT to R-8 zone for Milford Creek Subdivision No. 2 by M&H Development, LLC -south of East McMillan Road and west of North Eagle Road: Wardle: Item No. 10 is Ordinance No. 05-1208, annexation and zoning for Milford Creek Subdivision No. 2. Mr. Clerk, will you, please, read this ordinance by title only. Berg: Thank you, Mr. President, Members of the Council. Ordinance 05-1208, an ordinance for annexation of property located in the southeast one quarter of the northeast one quarter of Section 32, 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 to R-8 in the Meridian City Code, providing that copies of the 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 December 20, 2005 Page 20 of 20 Wardle: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is there anyone that would wish to hear it read in its entirety? Hearing none, Council? Bird: Mr. President? Wardle: Mr. Bird. Bird: I move we pass Ordinance 05-1208 with suspension of rules. Rountree: Second. Wardle: It's been moved and seconded to approve Item 10. Mr. Clerk, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Wardle: That brings us to the end of our agenda, before 8:00 o'clock, I will point out. Council, if there is no further -- I would entertain a motion to adjourn with a Merry Christmas, Happy Holidays, and Happy New Year for all of the city. Rountree: So moved to all of that. Donnell: Second. Wardle: It's been moved and seconded for adjournment and Happy Holidays and Merry Christmas. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR DE WEERD ATT / ®6 DATE APPROVED WILLAM G. BERG JR., ~~~ ~~~, , _ d ~~o _ ' 1 ~ C ~ ,gyp • December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of December 6, 2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WRTER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. S-B REQUEST Water Main Easement Agreement for Cole Valley Christian School AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See a#fached 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. AOA COUNTY RECORDER J 0 NAYARRO AMOUNT .00 ~ BOISE IRAH012/Z3/06 10:~ llII RECORDEDe R DUST OF ~II IIIIIIIIIIIIIIIIIIIIIIIII~lIl~~1 N~ City of Meridian 1 ~S i ~5$.#.I WATER MA)(N EASEMEN'T' /",,, ~,,~ 5~~~- THIS ZNDb;NTU'RE, made this ~ day of ~~20~i7 ~etween +~~~ ~~ ~ ~"the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada ounty, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water~main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of way for an easement for the construction, operation, maintenance, repaur, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easementandright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction,.makingrcpairs, performing other maintenance or making subsequent connection to the . ~ . water line, Grantee shall restore the area of the easement and adjacent property to thax existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS her®by covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way aad easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR P ~~,.~...,.~ ~ ~ THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized. and possessed of the aforementioned and described pact of land, and that they have a good and lawful right to convey said easement' and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 1N WITNESS WI~R,EOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~, Secretary STATE OF IDAHO } ) S5 County of Ada ) On this 1 `~ ~ day of 11,X~-~ii-m ~(~ . 200 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ?Z~J9' ~.. 1.~lcbtl and . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and aclrnowledged to me that such corporation executed the same. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. /~~ ~_` SEAL~,~ Mqy~ NOTARY PUBLIC FOR IDAHO Irotary P~~~ ~~c Residing at ~~~i~i~ ~ '~~v ate of Ic ~ Commission Expires: _ ~ ~ ! I ~ D~ w~ Water Main Easement EASMT WTR p._a M5 • .. GRANTEE: CITY OF MERIDIAN ,~,~~nti~UU~ly~p `````;~•i ~ ~~~~.,, ~~f' ~~~~, a Tammy a Weer , or ~~ ~~ r~„`, ~~ ~~ "r p . Attest by William G. Berg, Ci Cler ~~ ~y,~ _ -_ _ ~ i~~i~' ``.~`~ r'',,1"``, Approved By City Council On: , ~ Y''(~ Q STATE OF IDAHO, ) ss. County of Ada ) On this 22 day of ~ 200, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERU 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) .: Water Main Easement ~~~ °~ ~~ NOTARY PUBLIC FOR IDAHO Residing at: __ Yrj,,Q ~ `j ~ , ~.. ~,~ A Commission Expires: ~ 1 ~- /! EASMT WTR F3a.ra c ~ n# ~.J ~ -• ~ • Project: 10-05-020 Date: October 19, 2005 PARCEL DESCRIPTION FIRE HYDRANT EASEMENT A parcel of land situated in Lot 3 of Block 1 of School Plaza Subdivision No. 1 located in Government Lot 2 of the Northwest %a, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit and more particularly described as follows: Commencing at a brass cap in the centerline intersection of E. Carlton Avenue and N.E. 2-112 Street; thence along said N.E. 2.1 /2 Street, North 00°2T45" East, 563.59 feet; thence leaving said N.E. 2-1 /2 Street, North 89° 32'15" West, 25.00 feet to the POINT OF BEGINNING; thence South 00°2T45" West, 20.00 feet; thence North 90 °00'00" West, 40.96 feet; thence South 00°00'00" West, 64.12 feet; thence North 90°00'00" West, 20.00 feet; thence North 00°00'00" East, 84.12 feet; thence South 90°00'00" East, 61.12 feet; to the POINT OF BEGINNING. Containing 0.060 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/ jch B:~ProjectMdnagers~JEC\1o-o5-020-Cole valley Christian High School\10-OS-020 AdminlDescriptian\Fire Hydrant Easement.doc Pao*~ '`C of ~_ ._ ~ _. N89'58'41 "~ 242.51' POINTOFBEGIMNG~ N. S9 6.002'0"E~ r -- w oNI r ~ _ A ~d~I ION JG ~ ~ gel I$~ ~~ ° ~ BLOCK 1 z I I $`° W SOT 3 N9 ~'00'OQ"W~ ~ 0 00 0 0 z 4 SCALE: 1 "=$(J' i COMMON EASEMENT 37.00' 2 gl ~I N w~ M N ;7 C? ~~ 1 S89'36'07"W 280.13' E ~.ARL~N AVE .,. ~~.:: ~yl .m..y,r.. wean 25.00' n M N8932'15"W 25.00' S00'27'45"W 20.00' N90'00'00"W 40.86' I~ 0 I ~, °' I~ ~~ ry ~i . . ~¢ 00 I~ O O I N ~~ 1 QOVERNMENT LOT 2, NWi/4, SECTION 7, T.3N R. .M. ADA COUNTY, IDAHO p„ ~ ~s 1 ^„~ Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File • City of Meridian Public Works Dept. Date: 12/12/2005 Re: Proposed Agenda Items for 12/20/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 12/20/05 Ciiy Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Cole Valley Christian School. Typical Water Main Easement. ' Recommended Council Action: Approve the Water Main Easement for Cole Valley Christian School and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~l% 20rJ between ~~~ v/Y~l~ ~ ~ ~/ '"the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada ounty, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: - WHEIZEA-She-Grantors~lesire-to~r~vide-a-water-main-might-of-~vay-aernss-the remises-and---- property hereinafter particularly bounded and described; and VS'HEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Basement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: G~ Secretary STATE OF IDAHO ) ss County of Ada ) w On this 1 `~ ~" day of lUbthEN+~b ~~ 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared 1Z~t~GL. L~a'an~ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written NOTARY PUBLIC FOR IDAHO Residing at ,IfJ' i~,r~~,rJ~~1+J ! d !~~'1¢~ Commission Expires: ~) // ~ og f SEALS E MgYE~`' F~oQary Pu' •~~c St#~te of Ic Water Main Easement EASMT WTR • • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 2004, 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) _} .~ Water Main Easement .~...~,..z,. ,r...~:. . NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: _ EASMT WTR • • Project: 10-05-020 Date: October 19, 2005 PARCEL DESCRIPTION FIRE HYDRANT EASEMENT A parcel of land situated in Lot 3 of Block 1 of School Plaza Subdivision No. 1 located in Government Lot 2 of the Northwest ~/a, Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit and more particularly described as follows: Commencing at a brass cap in the centerline intersection of E. Carlton Avenue and N.E. 2-1 /2 Street; thence along said N.E. 2-1 /2 Street, North 00°27'45" East, 563.59 feet; thence leaving said N.E. 2-aJ2Str~et~North_89~2'15"West,25.00~eet_to~heP_O.INT~F_BEGINNING; thence South 00°2T45" West, 20.00 feet; thence North 90°00'00" West, 40.96 feet; thence South 00 ° 00'00" West, 64.12 feet; thence North 90 ° 00'00" West, 20.00 feet; thence North 00 ° 00'00" East, 84.12 feet; thence South 90°00'00" East, 61.12 feet; to the POINT OF BEGINNING. Containing 0.060 acres, more orless. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/jch B:\ProjectManagers\JEC\10-05-020-Cole Valley Christian High School\10-05-020 Admin\Description\Fire Hydrant Easement.doc N89'S8'41°E 242.51' POINT OFBEGIIVINGI ssoroo'oo"E N. 6,.,2' ~ W _ ON_I r OBI 10(V .]L ~ I g°~I log ~~' N I BLOCK 1 z l I °o co W LOT 3 N N90roO'OQ°W~ M 20.00 O 0 z _ I o I - - 4 SCALE: T"=80' I s89'28'37°E~ COMMON EASEMENT 37.00' 2 OI 0 I N WI N ;r1 O 0 zI 1 S8936'07°W 280.13' E CARLTON AVE. 8575 ED~F~ o ~ , ~c 0 i~ n st M I ~' O ~~ ~~ ri co 'n w R i~ N O I~ Z I~ 3 R „~. N O I O N I \ N I I z 89'32'15°W 25.00' 00 2745°W 20.00' ~~a~R ~"°~'~'"` l COLE VALLEY CHRISTIAN SCHOOL sHEe asaNmsrRUMarroFPROF~~n~.aQmr.~,sna:PROPEarr~ PRa.a.~aus®R ~~ ~~ Foa aNr mNERR PRO.recr wm~~our n.~ rrRma '~'""`~~NO7TO~"~°'~'~"°~°"P"R'' P'~°T~~-~°° ~ FIRE HYDRANT EASEMENT 1 AUTNOROITION OF J.LLB @i~, bp, ORAW WO N0.:1 °"a"'"'~''' ~" GOVERNMENT LOT 2, NW7/4, SECTION 7, T.3N R.1 E B.M. of °~N~"`~' ADA COUNTY ao RensioN°ESCwPnoN Rr PR oar cr~c~°er: FWH '~~'~' ,IDAHO u ~' J December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. S-C REQUEST Streetlight Agreement for Saguaro Canyon Subdivision No. 3 by Farwest, LLC 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: Staff Initials: Materials presented at public meetings shall become property of fhe Clay of Mertdlan. COMMENTS See attached ~~ Date: Phone: AQA COUNTY RECD J. DAVID NAIlARRO AMOUNT .00 • BOISE IDAH0121;1A AM DEPUTY PaiB Thompson ! i J i 1 1 RECORDED-REQUEST OF ~~I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'~~ GI1y of Meridian 1 EIS i ~?5O4~ STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY QF MERIDIAN and Farwest, LLC pertaining to the street lights in Saguaro Canyon #3, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Farwest, LLC has provided 6 each Single Head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Saguaro Canyon #3 in Meridian, Idaho. The parties acknowledge that the 6 each Single Head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Farwest, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Farwest, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6 each Single Head street lights located in Saguaro Canyon #3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. S. It is understood and agreed that Farwest, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 :~~~.......~C...~ -- • This AGREEMENT sha11 be binding on Farwest, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. bated this day of _1~~~~~..-~ , 2Q~~. CITY' OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By ATTEST: ~~ m G. Berg, Jr., Tammy 1`````````,,,,,-f~-i,~~,,,,,,~''''''' p1,,,L,~ ~~ s ~ ,,~ ~, ~ - ~ ~~ p 2 ~ ,~ 4 (~Id+fTY ~ ~~~ Farwest, LLC ~d, Mayor Marty Goldsmith, Member STREET LIGHT AGREEMENT page 2 ..~. ~ ~ . STATE OF IDAHO ) ss. County of Ada ) On this `2"2 day of ~ ~~~' --~' 20_ ~5 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk of the CITX 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 STATE OF IDAHO ) ss. County of Ada ) ~~a/l~~ ~n~~ NOTARY PTJBLIC FOR AIiO RESIDING AT ~~ a ~ r.~ MY COMNIISSION EXPIRES _ 0 --/~(( On this ~_ day of 20.OS' ,before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Farwest, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF,' I have hereunto set my hand and affixed my official seal the day and year first above written. a~' ,~ r~ , SEAL oT -~°~~'~~ ~ Mltp NOTARY PUBLIC FOR ID O * ~•~ * RESIDING AT ~ pUB~~G MY CONIlVIISSIGN E S o ~~9r~ or ~o~ STREET LIGIIT AGREEMENT ~ pageM 3~ Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 12/7/2005 Re: Proposed Agenda Items for 125 City Council Meeting ®EC ~ ~ 2005 Citg~ Of I~ersdiam City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 1 5 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreementfor Saguaro Canyon #3 by Farwest LLC. Typical Type1. Recommended Council Action: Approve the Streetlight AgreementFor Saguaro Canyon #3 by Farwest LLC and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Saguaro Canyon #2 by Farwest LLC. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Saguaro Canyon #2 by Farwest LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. CI't~/ ®'~ Melr7~llan ~61~'IC ~/®1'~CS ®@~t. za~cE~~ • Page 1 • • STREET LIGHT. AGREEMENT This Street Light Agreement is made and entered into between the CTTY OF MERIDIAN and Farwest, LLC pertaining to the street lights in Saguaro Canyon #3, a residential development For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Farwest, LLC has provided 6 each Single Head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Saguaro Canyon #3 in Meridian, Idaho. The parties acknowledge that the 6 each Single Head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Farwest, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Farwest, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6 each Single Head street lights located in Saguaro Canyon #3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Farwest, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 • • This AGREEMENT shall be binding on Farwest, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20. CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Farwest, LLC By Mart Goldsmith, Member STREET LIGHT AGREEMENT Page 2 • • STATE OF IDAHO ) ss. County of Ada ) On this day of . 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. nr zzmri.~cc z,~P~n~ r ~„< o ~, o ~ ,a .,.r.~ a ~ ,.,, e~r~~af-s ~~ day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF IDAHO ) ss. County of Ada ) On this ~~ day of ~~~-P ~h~r 20 Q~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Farwest, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. PC1 E. l~ !~ .~' -S SEAL ~ ~oTA1e j, NOTARY PUBLIC FOR ID O * ~ «~ * RESIDING AT ~ ~. pt1$LlG ~ MY COMMISSION E S / ~,~ ~~_ o STREET LIGHT AGREEMENT Page 3 • December 1 b, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. S-D REQUEST Streetlight Agreement for Saguaro Canyon Subdivision No. 2 by Farwest, LLC 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: Mat®rials presented at public meetings shall become properly of the city of Meridian. COMMENTS See attached • ADA COUNTY RECORDB~DAVID NAVARRO AMOUNT .00 . BOISE IDAHOI?123/05~ 7 :14 AM DEPUTY Patel Thompson III ~ I II II I~ I I ~ I~ II I~ I ~I•I I I ~I tl 11 II'II RECORDED-REQUEST OF 1Et51 ~'~~46 City at Meridian STREET LIGHT AGREEMENT This Street bight Agreement is made and entered into between the CITY QF MERIDIAN and Farwest, LLC pertaining to the street lights in Saguaro Canyon #2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Farwest, LLC has provided i4 each Single Head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Saguaro Canyon #2 in Meridian, Idaho. The parties acknowledge that the 14 each Single Head street light pales and appurtenances were specially ordered items, not customarily used ixi residential developments in Meridian, Idaho. 2. Farwest, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Farwest, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 14 each Single Head street lights located in Saguaro Canyon #2 in the usual and customary manner. 4. it is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and nat a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It is understood and agreed that Farwest, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT ~ age 1 This AGREEMENT shall be binding on Farwest, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20Q~ . CITY OF MERIDIAN', a municipality and Political subdivision of the State of Idaho By T _er Mayor ``,~~~~r~nrrrrrr,~i v~e~ - L~~ir4c~,..l `Z'',~--©,j ATTEST: ``,`.~~~.~```~ '~.,,~~~',' c~~,,,~ William G. Berg, Jr., Ci Clerk ~ ,~~ ~~~~ ~y T ,~~ `1 Farwest, LLC Marty tho~dsmith, Member STREET LIGHT AGREEMENT p^2 ~~ STATE OF IDAHO ) ss. County of Ada ) On this `~- day of ~2 CQ~yt.-L.:jakJl~, 20 ~S before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, 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 STATE OF IDAHO ) ss. County of Ada ) M NOTARY' PUBLIC FOR IDAHO p RESIDING AT l~. jGJ ~ ~o~t MY COMMISSION EXPIRES i !? ~`.S ~~(~ 4n this ~~ day of ~ e~eew~ ~ r . 205 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, Irnown to me to be a Member of Farwest, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. SEAL `~'' ~~~~ Ali y ~ ~,.• # pU841G O ~~'~ rE OI' 1 a`~~ STREET LIGHT AGREEMENT ~ r, t `` NOTACt.Y PUBLIC FOR IDAHO RESIDING AT ~ , ~ __ _ MY COMMISSION E S ~ ,~.1 p ~, Page 3 ~„~p • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 12/7/2005 Re: Proposed Agenda Items for 1205 City Council Meeting ®EC 9 ~ 2005 City ®f li~eridiam City Clerk C~ce The Public Works Departrnent respectfully requests that the following items be placed on the 1 5 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreementfor Saguaro Canyon #3 by Farwest LLC. Typical Type1. Recommended Council Action: Approve the Streetlight Agreementfor Saguaro Canyon #3 by Farwest LLC and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Saguaro Canyon #2 by Farwest LLC. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Saguaro Canyon #2 by Farwest LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. C ~ City of Meridian Public Works Dept. RECEYVEL9 • Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Farwest, LLC pertaining to the street lights in Saguaro Canyon #2, a residential development I ~g~Ta w For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Farwest, LLC has provided 14 each Single Head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Saguaro Canyon #2 in Meridian, Idaho. The parties acknowledge that the 14 each Single Head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Farwest, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Farwest, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 14 each Single Head street lights located in Saguaro Canyon #2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Farwest, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Farwest, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of , 20, CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By ATTEST: William G. Berg, Jr., City Clerk Tammy de Weerd, Mayor Farwest, LLC By `w~«~~1bP~2ec. Marty~(o dsmith, Member STREET LIGHT AGREEMENT page 2 STATE OF IDAHO ) ss. County of Ada ) On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. I day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF IDAHO ) ss. County of Ada ) On this ~_ day of Q eeCU~n bfl` , 205 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Farwest, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.••••Gl E• IR vl ~~+ 4 •° •. SEAL `~'.•~~oT AR Y ~; ~ ~c G +•- z pv$ti~~r ~o~ ~ oooooeoo~~~ ~••• ~''~.~9 TE Og l9 ••• r, ~ ` NO'tATZY PUBLIC FOR IDAHO RESIDING AT ~a,Q~(k, , MY COMMISSION EJ S 5/ I~ 10 ~ STREET LIGHT AGREEMENT Page 3 • • December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2~5 APPLICANT ITEM NO. S-E REQUEST Streetlight Agreement for Sutherland Farm Subdivision No. 5 by Great Sky, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: / CITY SEWER DEPT: J.k/ 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: Materiels presented at public meetings shall become properly of the CHy of Meridian. • ADA COUNTY RECORD~DAYiD NAVARRD AMOUNT .00 601SE IDAHO 42/02106 01:57 PM DEPUTY Palri Thompson ~I I I' ~I I~ I I~ I'~"~~`~I II ~ ~I I I ~' I I~ ~I, RI:CORDED~REQUEST OF - City of Meridian 1~~~'1 ''Oat ~. .,, STREET LIGHT' AGREEMENT This Street Light Agreemern is made and entered.into.between the CITY OF 1VIERIf1IAN and Great S , Ina pertaining to the street lights in Sutherland Farm #5, a residernial development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great Sky Inc. has provided Bea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Suther d Farm #5 in Meridian, Idaho. The parties acknowledge that the Bea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Great Sky Inc., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Great Sky Inc., or its heirs, successors and assigns, shall keep the lights operational at all times, it being. understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the Bea. S' a head street lights located in Sutherland Farm #S in the usual and customary manner. 4_ It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be corrtrolled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Cheat S , Inc. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGP~sEMENT Page 1 ~ ~ This AGRF~F-MFNT shall be binding an Great Sky+ Inc. its heirs, successors and assigns, and the CITX OF MERIDIAN. Dated this ~ day of ZO~. ATTEST: / ~"~ William G. Berg, Jr., aP `~ CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho sy ~ `````,````,,~It11)iill!!J/P//I/~f'''' Mayar, DeWeerd i'~ ~ ,~ , ~. 1~. '- ., ~ -. - ~~: _ •r rk ~~~ • ~',~•, ~p ~ ~~~ sy Great S Inc. ~P~ President ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 c~~J STATE OF IDAHO, ) Courny of Ada, ) ss. On this ~„ day of 'LL~GZ (CcG'~._.., 20 ~~ ,before me, the undersigned, a Notary Public in and for said State, sonally appeared May and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the ~ O 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, . .~~~~rN~~p. . ~~ '~` ~ ~ O T•~A ~ V ((.ill (1 ~'~j~l Y y'~,,~=`i~-~ .~ SEAL ~ ~ ~ NOTARY PUBLIC FOR IDAHO Z R ~ RESIDING AT ~V L~-~ ~ ~~c. ~c~ ~.'~~~~, ,,.A ~: MY COMMISSION EXPIRES /~~ --/S _ J~ STATE OF ,) County of ,) ss. On this /~ day of ~~~ 20 a~ ,before me, the undersigned, a Notary Public in and for said State, per Wally appeared ?~'~aorL~ ,2ar+~ and known to me to be the President and Secretary of ,~e~.,.- glGV ~-~. ., and who executed the within instrument on behalf of said corporation, and acknawledged to me that said corparation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .• ~ p,E I., w ~~i~ SEAL _ ' •~ ~' ' .: ~ ; N o r.,y .;~~, .~ • •p~`' _ :~yZ A '• 9s•. Gs4 Irr .~* , s ~ ~ ~ ~~~i pF 1D A~~ ~~•• STREET LIGHT AGREEMENT NOTARY PUBLIC FOR IDAHO RESIDING AT ~ .~ MY coM~ssloN Exp~ES Page 3 c~j • City of Melridian Public Wolrks Dept. -'i[a'~T To: Mayor De Weerd & City Council From: ICarie Glenn CC: File Date: 12/7/2005 Re: Proposed Agenda Items for 12/x!05 City Council Meeting p~~ 1 ~ 200 City ®f ~i[eridia~ City Clerk ®ffi.ce 2) Streetlight Agreement for Sutherland Farm #5 by Great Sky Inc. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farm #5 by Great Sky Inc and authorize the Mayor to sign and City Clerk to attest. T~rpe2 for Sutherland Farm #/S by Great Sky Inc. Typical Type2. Recommended Council Action: Approve the Type2 for Sutherland Farm #6 by Great Sky Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. The Public Works Departrnent respectfully requests that the following items be placed on the 1 ~ 5 City Council agenda, on the Consent Agenda, for Council's consideration: TtECEI~EIT • Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY ~F MIItIDIAN and Great Sky Inc. pertaining to the street lights in Sutherland Farm #5 a residential For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great S , Inc. has provided Bea. Sin a head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Sutherland Farm #5 in Meridian, Idaho. The parties acknowledge that the Bea. S' a head .street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Great S , Inc., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, andlor appurtenances thereof; that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Great Sky, Inc., or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to :replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the Bea. Single head street lights located in Sutherland Farm #5 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Great Sky Inc. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 .. This AGREEMENT sha11 be binding on .Great Sky Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of 20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By Mayor, DeWeerd ATTEST: William G. Berg, Jr., City Clerl~ ATTEST: Secretary . -~ s C, ~i1E'{t itr By STREET LIGHT AGREEMENT page 2 ~I~ STATE OF IDAHO, ) ss. County of Ada, ) On this _ day of . 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk 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 I SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES STATE OF ,) County of ,) ss. On this a day of ~~ . 20o S, before me, the undersigned, a Notary Public in and for said State, personally appeared I ~ycs2 t~~ and known to me to be the President and Secretary of ~~: s~. 1-.(t_ . ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~1G~di4E~ ~'4,y • • ~ ••, SEAL ~~ NQT ~~ tae ~t tfi e' ~ ~., ~: ~~flAt~~ STREET LIGHT AGREEMENT OTARY PUBLIC FOR IDAHO RESIDING AT i~ ~~ MY COMMISSION EXPIRES a f iZ U ~ Page 3 ~~ December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 RPPLICANT ITEM NO. S-F REQUEST Streetlight Agreement for Sutherland Farm Subdivision No. 6 by Great Sky, Inc. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. COMMENTS See attached ADA CAUNTY RECORDER J.~D NAVARRO AMOUNT .00 BOISE IDAHO 02102106 01:57' PIN DEPUTY Pa11i Thompson I" I~IIII,~~I'~I~IIII,II~~III'I „I II~ RECORDED-REQUEST OF 1~3t~~1?~~ City of Meridian STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERII)IAN and Great Sly ,inc. pertaining to the street lights in Sutherland Farm #6. a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great Sky Inc. has provided 6ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Su er d ~a, rm #~ in Meridian, Idaho. The parties acknowledge that the Cea,. _ Single head strut light poles and appurtenances were specially 'ordered items, not customarily used in residential developments in Meridiaq Idaho. . 2. 4 . t_ S , Inca ; or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof that .may hereafter be broken, damaged, ar deteriorated, or require maintenance, at its own expense; and it is further agreed that Great Sky Inc., or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the flea. Singh lstreet lights located in Sutherland Farn #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not nnaintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It,ia also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off" type. 5. It i8 understood and agreed that Great Sky Inc. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT ACx FF]-~NT Page 1 ~~ • This AGREEMENT shall be binding on Great Sky Inc. its heirs, successors and assigns, and the CITY 4F MERIDIAN. Dated this ~ day of 20~. William G. Berg, CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ,6 , , " c~ .. (~~ Mayor, DeWeerd Great S ,Inc. ATTEST: Secretary B Y President STREET LIGHT AGREEMENT page 2 c~}~ 3 ```r`~~~µluN~il~ ~~ ~~ ~~ ~ ~~ ~ ~~ C3' - 8~.''.~ ~~. STATE OF IDAHO, ) County of Ada, ss. On this ~ y of 20 C~ before me, the undersigned, a Notary Public in and for said State, ersonall appeared Mayor and WII..LJAM G. BERG, 7R., known to me to be the Mayor and City Clerk of the ~~MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WiZ'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~'h ~~ ~~ 5~~~~-~ ~~ SEAL STATE OF ,) County of ,) ss. NOTARY PUBLIC FOR IDAHO RESIDING AT ~ ~h~ ~~ MY COMMISSION EXPIRES -~5 l On this ~~ day of J~~~~~ 20Q6 ,before me, the undersigned, a Notary Public is and for said State, person y appeared ~ t.v ~- and known to me to be the President and Secretary of s~ -~,~ c.. ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. llrT WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. h~~ W cy4 ~~- 1G'Z' ,~~ NOTARY PUB C FOR IDAHO $ ~ ea~T~~'Y i+ RESIDING AT ~ f ""•'~ MY COMMISSION EXPIRES a PbBL~~ * '~ ~~ ~o ~' ~~ ~8 4F t'4~e~r STREET LIGHT AGREEMENT page 3 • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & Cit)r Council From: Karie Glenn CC: File Date: 12/7/2005 Re: Proposed Agenda Items for 122 5 City Council Meeting zz~c~~~ DEC ~ ~ ~~ Cy. y ®le~rk ® ce The Public Works Departrnent respectfully requests that the following items be placed on the 1 ~ 5 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Sutherland Farm #5 by Great Sky Inc. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Sutherland Farm #5 by Great Sky Inc and authorize the Mayor to sign and City Clerk to attest. 2) Type2 for Sutherland Farm #6 by Great Sky Inc. Typical Type2. Recommended Council Action: Approve the Type2 for Sutherland Farm #6 by Great Sky Inc and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Great Sky Inc. pertaining to the street lights in Sutherland Farm #6 a residential - ~~~~, For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Great S Inc. has provided 6ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Sutherlan Farm #6 in Meridian, Idaho. The parties acknowledge that the 6ea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. _ 2. Great Sky Inc., or it's assigns, agree to replace, repair and provide any- required maintenance of any of the above mentioned street lights, and/or appurtenances thereoi9 that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Great Sky Inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6ea. S" a head street lights located in Sutherland Farm #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide -any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 4i Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. :~ ~ . 5. It is understood ~a~tii agreed. that Great Sky Inc. w_ ill assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on .Great Skv Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of 20 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By ATTEST: William G. Berg, 7r., City Clerk, Mayor, DeWeerd -i By President ATTEST: Secretary STREET LIGHT AGREEMENT page 2 C~ STATE OF IDAHO, ) ss. County of Ada, ) On this ,_ day of 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR., known to me to be tine Mayor and City Clerk 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 1~9tT O~H~ sTen~ ~~..4 ..~ "'+,7 '~++~- .1 ~ ~ D6 cw V YG WI1TC SEAL STATE OF ) Couiriy of ,) ss. NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES On this oZ day of ,E~c~an~~ 20 Q 5 ,before me, the undersigned, a Notary .Public in and .for said State, personally appeared " i~1c~~, ~,~~~s and known to me to be the Pre i n and Secretary of ~i err sl~.~( t~tc_. ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS V4~HEREOF, I have hereunto set my hand and affixed my official seal the ~Y and Yom' fu's above written. SEAL ~~ ,t~~ `~r~s ~ d,~ ~ ~ s+6~J ~~~ _ *: ~iy~l ?FItl'l#~~y+"`~, STREET LIGHT AGREEMENT OTARY PUBLIC FOR IDAHO RESIDING AT'~~sr~" ~ MY COMMISSION EXPIRES ~/~,2 /~ q Page 3 • December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. ~-G REQUEST Streetlight Agreement for Fulfer Subdivision No. 6 by Kevin Howell Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aflached 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: G~~~~ 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 presenrted at public meetings shall become properly of The City of Meridian. .+ S. ADA COUNTY RECORD AVID NAYARRO AhIOUNT .00 BOISE IDAHO 021~/08~PM DEPUTY Pa18 Thompson II I I' II'I I'I I'I I I I'~ I I ~ II ~I ~"'~~ I'`I RECORDED-REQUEST OF I City al Marldian 10~0~0~0~ STREET LIGHT .A,GREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Kevin Howell Construction pertaining to the street lights in Fulfer #6, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Kevin Howell Construction has provided tea. Si.~ egl head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as infer #6 in Meridian, Idaho. The parties acknowledge that the tea. Single .head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Kevin Howell Construction, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require mainrtenance, at its own expense; and it is further agreed that Kevin Howell Construction, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the tea. Singl,~ head street lights located in er #6 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maurtenance, -will ewer into a Schedule 40 Agreement with Idaho Power Compaay, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Kevin Howell Construction will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 •T • • This AGREEMENT shall be binding on Kevin Howell Construction its heirs, successors and assigns, and the CITY OF MERRIDIAN. Dated this ___~_~ day of 24~~ CITY OF MERIDIAN, a municipality and Political subdivision of the State ofldaho `````~~,.~'~ ~ '~.,,~~~t+r' Mayor, DeWeerd ATTEST: ~ ~~~~ y r r. ~ / v ~ ~~y~ ~~~ ti C~~ '~ ' William G. Berg, 7r., City lerk ''-,~'"~ ~~ ®~,~``~. Kevin Howell Construction By Preside ATTEST: Secretary STREET LIGHT AGREIIViENT Page 2 _ .~ STATE OF IDAHO, ) ss. County of Ada, ) n ~' On this 1 `~ day of ~ , 20 D ~O ,before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILLIAM G. BERG, JR., known to me to be~the Mayor and City Clerk 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 STATE OF ,) County of ,) ss. NOTARY PUBLIC FOR IDAHO RESIDING AT YYl E C~,~; ~~ MY COMMISSION EXPIRES _ 1d ~'~~'- / ~ On this ,~ day of ,y~._.~ 20~( ,before me, the undersigned, a Notary Public in and for said State, persohally appeared ~~,J ~~ ~ and known to me to be the President and Secretary of ~LQ ~ .L~e.~. ., and who execut~i the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my orfficiat seal tflne day and year first above written. C p~~,,, 1 SEAL ,~,~t*~;.•p••.. ~'y,~ y,~ N PUB C FO,~t IDAHO * ;'~ N O Tq R y 3 ~'x RESIDING AT e s ..~~ : ~, : MY COMMISSION EXPIItES ' ~~'• j ". +• •~ ~~'•-- OF 1 D Q`_ y+`~ STREET LIGHT AGR~F-ANT p~ 3 Memo To: Mayor De Weerd 8~ City Council From: Karie Glenn CC: ~ File Date: 12/7/2005 ~~ Re: Proposed Agenda Items for 1?113f05 City Council Meeting RECETVEP. DEC ~ ~ 200 c~fty ®f IY1eszdia~ ~ft~r clerk ®il~ce The Public Works Department respectfully requests that the following items be placed on the 1205 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Fulfer #6 by Kevin Howell Construction. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Fulfer #6 by Kevin Howell Construction and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. City of Meridian Public Works Dept. • Page 1 STREET LIG~I'I' AGREEI~IE,1V'T This Street Light A~enaeat is made and entered into between tl~ CTI"Y OF MERIDTA~ and Kevin HoweIl Construction p ~ the sweet lig~ is fer #6 a resideasial ~-elopnteni in Meridian, Idaho. Peres agree as follows: the 1. Kevin Sowell Construction. has provided 2ea..S' a head street 1iSftt Roles, concaete pole bgses, fines, luibs, and cotapoaents to the resade~ia! develo in Meriidiaa, Idaho. The parties acknowledge that the _ P~~ lmowa as rx r #6 anti ~~ weee speciali~ order 2 e Z~~s developments is Meridian, Idaho. '~'~ not urstomarily used in residential Z' Kevin Howe11 CorisLtuctio~, or it's as ` required iusiatenaacae of ~°~ ~'ee to replace, r+apair sand provide say any of the above mentioned street lights, and/or apg~ut~es ~ that a~ay h~ be broken, wed, or de~cio at its own expense; amd. it is further that , or require maintenance, successors and assigns, sl~]I ~~ ~~ Howell Construcmion, or its heirs, by the City that bulb and/or balla~do bmn mar ail times, it being ~mderstood `time to replace them. ~ ~' ~ Cny wtli allo~cv reasonable 3 • Yt is agreed thax the City of Meridian authorize anti pay far the electiiaal service to be e head street lights looted is Fu ~ is the usual and 4• It is agreed that the City of Meridian, b Idaho Power Co the bulbs and ballast ,~ pmt ~y mP~y will not nraiataia A,gree~tseat with Idaho Power ~'eaaace; will e~ into a Schedule 40 Company, sad _ not a Stle 41 ~' which 'in a that Idaho Power Company wduid provide ma;rrPna„~ }~~~ and contnalled by a electric d the "fail lf'~ Schedule 40 Agr~ment anist be _ tS'Pe• 5, b!1isga' do ~d~ agreed that Kevin Howell Co ~ ~ to when said Homeowners ~~~ will assign and Association is formed sad operatiwi~ 51~tEET LIG'~iT AGREEMENT Page 1 ~~ L This ACr]R;~~ shall ~ ~~ on l~evia Howell Constrttcfiion its b~eirs, sucxessors and assigns, and the C1TY OF MERIDIAN_ Dated this day of 20 CITY OF .iVt~RIDIAI~ a municipality a~l~~ Political subdivision of the State ofIdaho B Mayor, DeWeerd AT'TF_$T; William G. Berg 7r., City Clerk ATTEST: Secrerasy Kevia Howell Construction By ._ ~ceside~ STREETLIGHT AGR~ER~NT Page 2 STATE OF IDAHO, ) County of Ada, ~. On this ".day of ~ Public in and for mid Stag pP,rso~y aPP~d Mayor DEWED ~ n~'~Sa~, 8 Notary ~., mown to me to 1~•the Mayor anal City CIerk of the CTT'Y OF ~"i"~~ G BFrRtr, arccuted the within insbmm~e~ut, aad acknowledged to me that the C ~~ o~d the same. ~ 1N ~KiT`NESS OF, I have her~n~ set my head and a>Tnced my official seal ffie y and year Srst above s1AL STATE OF' ~ + ~ Couaty of ~ NOTARY PUBt~C FOR mgHp RESIDING AT N1Y COMMISSxO1V EXPIRES ~ a ~ ~ ~ ~' of _ ' ~~t~' 20 t. p~ .before me fhe and Personalty a eared ~"9 Public r said State PP ~Wi~-/ ~L $ N aged yam=-=' ~, ...ri;,;;%~t~ co,-/srn~-.~on,l ~ ~o~ova to me to be 'the Pre~c~at aad S of won, aad a~owled •~ and a+ho eYtecuted ~ ~~ ~ an bebal~~ d ged to me that said Corporation exep~ted the Mme. d$y aad year ~ ~~~F' I have liezeua2o set a~, ~, affixed my vt~"icia! seal the $~ ~F N ~ •~ SEAL ~ ~ ~~T9 ~4! ~ ~ (.3TARY PTIB ~, ~ y a. RESIDING AT '~'~ ~llC ~ i ~: MY C011RPVIIS5 Q~ f ~.•'` STREET I.IGH'I' AGrRE)r,1VlEN'.f IDAHO FJ~PIRES Page 3 December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. 5-H REQUEST Agreement with MART for Baseball Field 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 properly of the Cffy of Meridian. COMMENTS See attached °" I Y /~ i~10 ~R®®fCS ~ASE~~4LL FIEI p / C®MPLLX ACR.EE'IVIE~IT THIS AGREEMENT is hereby entered into this the = day of L~`y'''~'"{"' ~ ®~ by and between the City of Meridian, a municipality of the State of Idaho (hereinafter referred to as the "City') and the Meridian Athletic Roundtable, Inc., a not profit corporation organized and existing under the laws of the State of Idaho (hereinafter referred to as the "MART), acting on behalf of itself and all present and future Meridian American Legion Baseball player participating in the American Legion Baseball program. WITNESSETH WHEREAS, the parties hereto are interested in promoting youth baseball, including American Legion baseball, within the City of Meridian, Idaho; and WHEREAS, the City of Meridian seeks to provide the best possib/e facilities within its public parks and encourages public participation in the improvement of those facilities; and WHEREAS, the Meridian Athletic Roundtable, Inc. is interested in obtaining a facility within which citizens can participate in the American Legion baseball program and is further interested in constructing and providing for improvements to that facility; and WHEREAS, the Meridian Athletic Roundtable, Inc, has provided extensive services and materials in the creation and development of the baseba// field at Storey Park, including the construction of a combination concession stand - announcers booth - restroom facility, field lights, a combination dug outs - storage units and backstop wall with netting; NOW, THEREFORE, IN EXCHANGE FOR THE MUTUAL CONVENANTS HEREOF, THE PARTIES AGREE AS FOLLOWS: MARI is granted the right to use the Mo Brook Baseba// Field to conduct American Legion Baseball games and practices in accordance with aschedu/e during each calendar year. // Scheduling of all events at the Mo Brooks Baseball Field will be undertaken by the MARI. In scheduling, the Meridian American Legion baseball program shall receive priority over other organizations and individuals in the use of the field for games and practices. It is understood that MARI will provide Page 7 of 3 appropriate scheduling for the Varsity High School Baseball for Meridian High School when needed. It is also understood that MARI must give consideration to all users of the park and this agreement in no way gives exclusive use of the baseba// field to the Meridian American Legion Baseball program. /// MARI is granted the right to charge admission to each game and retain the proceeds from said admission charge for use in the furtherance of Meridian American Legion Baseba// program. MARI is further granted the right to attach temporary advertisement boards /banners to the baseba// field fence and may charge a fee for said advertisements. To help with other operation costs, MARI may charge operational fees for special uses at the facility. All fees shall be retained by MARI to defer the cost of capital improvements and fulfilling its maintenance responsibilities as specified in section lV below. /V MARI agrees to be responsible for cleaning and general maintenance of Mo Brooks Baseball Field and the immediate surrounding area (inside the perimeter fence) of all refuse after each use by MARI in the operation of its baseba// program as well as other approved and scheduled activities. In further consideration of the mutual desire of the parties to this agreement to maintain the Mo Brooks Baseball Field at the highest possib/e level of quality, MARI agrees to maintain the infield grass and keeping the pitchers mound, home plate area and base paths well groomed and free of weeds. MAR/ a/so agrees to require any and all other persons or organization using the grounds at Mo Brooks Baseba// Field to assume the responsibility of c%aning all refuse from said field and surrounding area after each use. The City agrees to pertorm alI other maintenance to the field and the surrounding area. The City agrees to provide water, power, sewer and all other utilities to Mo Brooks Baseba// Field Facility, excluding the field lights. V In consideration of the fact that MARI has caused the completion of the combination concession stand, announcer's booth and restroom facility, combination dug outs and storage units, backstop wall with netting and batting cage as well as the storage carat Mo Brooks Baseba// Field at virtually no cost to the City and has assumed major responsibility for the maintenance of said buildings, MARI sha// be granted exclusive right to operate said concession stand at any and all activities at Storey Park and Mo Brooks Baseba// Field for the purpose of selling food and beverages to the general public. MAR/ sha// retain the proceeds from said operation for the furtherance of the Meridian American Legion Baseba// program. MARI agrees to operate said concession stand and make the restrooms and announcer's booth available to all other youth baseba// Page 2 of 3 i ~ programs conducting scheduled games at Mo Brooks Baseball Field. MARI agrees to obtain all required permits and licenses and adhere to all ordinances and laws of the City of Meridian and the State of Idaho. Maintenance of said buildings assumed by MARI shall include interior and exterior painting, winterizing, cleaning restrooms and all repairs necessitated by general wear and tear. The City sha//assume responsibility for all damages covered by its general insurance policies. All rights granted to and responsibilities assumed by MARI under this section shall terminate with the rest of this agreement. V/ In accordance to fulfilling the obligations for the use and the improvements at Mo Brooks Baseba// Field Facility, the MARI will provide an annual report each year describing the use, users, improvements and projected improvements at the facility. This report will be presented to the City at the end of each calendar year. V// ` The term of this agreement shall commence on the ~l ~ day of ,IJ~PG~f~'~~t' ~ ids' and sha// continue until th ' e 39st day of December 2025, or may be terminated upon mutual agreement of both parties. Upon that date being reached, the parties hereto shall be required to renegotiate the terms of an agreement between them in light of the then existing public demand for the use of the Mo Brooks Baseball Field Facility. if for any reason that the MARI is dissolve or becomes non existing or does not fulfill its obligations, this agreement shall be transferred and assumed by the Meridian Athletic Association Incorporated. if the agreement is terminated, the City will reimburse or reconstruct the total value of all assets developed and maintained by MARI at the Mo Brooks Baseball Field Facility to the MARI. DATED this ~~~day of /~Ce`i~-~ Z~pp~ City of Meridian Meridian Athletic Roundtable, Inc. (~.~ Approved by City Cor~r~ci~,„~~-Z~J -O Attested.• ®® ~ ` a ® ~®®e ~~ Clerk e ~ ° ~ ~ r~~~. ~® is' ~ 0~A 's ,aa ~ 0~ President ~~ Approved by Board r~-~-`~6 Secretary Page 3 of 3 • Will Berg From: Ted Baird Sent: Friday, December 16, 2005 11:12 AM To: Will Berg Subject: Recreational immunity statute Attachments: Recreational immunity statute.rtf ~> Recreational immunity statute.... ~ ~ Idaho Code Copyright 1948-2005 by Matthew Bender & Company, Inc. one of the LEXIS Publishing companies. All rights reserved. *~~ STATUTES CURRENT THROUGH THE 2005 SESSION **~ '~**ANNOTATIONS CURRENT THROUGH OCTOBER 18, 2005 *** GENERAL LAWS TITLE 36. FISH AND GAME CHAPTER 16. RECREATIONAL TRESPASS -- LANDHOLDER LIABILITY LIlVIITED GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION Idaho Code ~ 36-1604 (2005) § 36-1604. Limitation of liability of landowner (a) Statement of Purpose. The purpose of this section is to encourage owners of land to make land and water azeas available to the public without chazge for recreational purposes by limiting their liability towazd persons entering thereon for such purposes. (b) Definitions. As used in this section: 1. "Land" means private or public land, roads, trails, water, watercourses, irrigation dams, water control struc- tures, headgates, private or public ways and buildings, structures, and machinery or equipment when attached to or used on the realty. 2. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. 3. "Recreational purposes" includes, but is not limited to, any of the following or any combination thereof: hunt- ing, fishing, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, bicycling, running, play- ing on playground equipment, skateboarding, athletic competition, nature study, water skiing, animal riding, motorcy- cling, snowmobiling, recreational vehicles, winter sports, and viewing or enjoying historical, archeological, scenic, geo- logical or scientific sites, when done without chazge of the owner. (c) Owner Exempt from Warning. An owner of land owes no duty of caze to keep the premises safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes. Neither the installation of a sign or other form of warning of a danger- ous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for such liability. - - - - - -- -- - - d Owner Assumes No Liability. An owner of land or equipment who either directly or mduectl invites or er-I - Y -- ~ snits ~cn-rclzar and person to use such pr~ert~for recreational~ur~oses does not thereby.) 1. Extend any assurance that the premises aze safe for any purpose. 2. Confer upon such person the legal status of an invitee or licensee to whom a duty of caze is owed. -- - - -- ---- -_ -- --- p me responsibility for or incur liabil~ for an~mjury t~erson orpr~ert~ caused by an act of omission of such ersonsu (e) Provisions Apply to Leased Public Land. Unless otherwise agreed in writing, the provisions of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes. • (f) Provisions Apply to Land Subject to a Conservation Easement. Unless otherwise agreed in writing, the provi- sions of this section shall be deemed applicable to the duties and liability of an owner of land subject to a conservation easement to any governmental entity or nonprofit organization. (g) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to: 1. Create a duty of care or ground of liability for injury to persons or property. 2. Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this section to exercise care in his use of such land and in his activities thereon, or from legal conse- quences or failure to employ such care. 3. Apply to any person or persons who for compensation permit the land to be used for recreational purposes. (h) User Liable for Damages. Any person using the land of another for recreational purposes, with or without per- mission, shall be liable for any damage to property, livestock or crops which he may cause while on said properly. • Page 1 of 1 Will Berg From: Nancy Stricklin [nancyslaw@mindspring.com] Sent: Friday, December 16, 2005 6:54 PM To: Will Berg Cc: Bill Nary Subject: RE: Will, It is my opinion that the City will loose the recreational immunity if they allow the Little League to charge, even though the Little League is the one that retains the fee that is charged. Since the city will loose its immunity, I suggest that the agreement contain a provision that the Little League indemnifies the city for any loss or injury that comes out of those events and that the Little League carry liability insurance to cover that indemnification. From: Will Berg [mailto:bergw@meridiancity.org] Sent: Friday, December 16, 2005 10:42 AM To: nancyslaw@mindspring.com Cc: birdronaldkeith@msn.com Subject: Please review this forme. Call me at 208-888-4433. Thanks.... ill «Mo Brooks Baseball Field agreement 12-05.doc» «Recreationa/ Immunity Statute 12-16-05.iff» No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.371 /Virus Database: 267.14.1/205 -Release Date: 12/16/2005 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.371 /Virus Database: 267.14.1/205 -Release Date: 12/16/2005 12/20/2005 • • Idaho Code Copyright 1948 ZOOS by Matthew Bender dt Company, Inc. one of the LEXIS Publishing companies. All rights reserved. *** STATUTES CURRENT THROIIGH THE ~ SESSION '~*'~ ***ANNOTATIONS CIIRRENT THROIIGH OCTOBER 18, 2~5 *** GENERAL LAWS TITLE 36. FISH AND O~AME CHAPTER 16. RECREATIONAL TRESPASS -LANDHOLDER LIABILITY LIlVIITED GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION Idaho Code ~ 31604 (200s) § 36-1604. Limitation of liability of landowner (a) Statement of Purpose. The purpose of this section is m encourage owners of land to make land arol water areas available to the public without charge for recreational purposes by limiting their liability toward persons entering thereon iiir such purposos. (b) Definitions. As used in this section: 1. "Land" means private or public land, roads, trails, water, watercourses, irrigation dams, water central stnn;- tures, headgates, private or public ways and buildings, strucdrres, an+d machinery or equipment when attached to or u~d on the realty. 2. "Owner" means the poss~asor of a fee irrterest, a tenant, lessee, occapa~ or person in control of the premises. 3, "Recreational proposes" includes, but is not limited to, any of the following or a~ combination them hu~- ing, fishing, swimming, boating, rafting, tubing camping, Picnicking, hiking pleasure driving, bicycling, Winning play- ing on playground equipment, s)roteboarding, athletic competitia~n, nature study, water skiing animal ridffig, motorcy- cling, snowmobiling recreational vehicle, winter sports, and viewing or enjoying historical, archeological, scenic, geo- logical or scie~ific sites, when done without charge of the owner. (c) Owner Exempt from Warning. An owner of land owes no duty of care to keep the ~s safe for entry by others for recreational purposes, or to give any warning of a dangerous cendition, use, structure, or activity on such premises to persons entering for such purposes. Neither the installation of a sign or other form of warning of a danger- ous condition, use, struchu+e, or activity, nor a~ modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place at-y sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for snch liability. -- - - ---- d~OvvnerAssumes No Liability. An owner of land or equipme~ who either directly or indirectly invites or per wits ~ thout char a any person to use such properly_ for recreational purposes does not thereby 1. Extend any assurance that the premises are safe for any purpose. 2. Confer upon each Person f1n; legal status of an invitee or licensee to whom a duty of care is owed. -- 3. Assume responsibility for or ink liabilityfor a~ in~uy t ~erson_o_r~roperi~ cause an act of omission o~ such Persons. - - {e) Provisions Apply to Leased Public Land, Unless otherwise agreed is writing, the provi~ons of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes. ~: (f) Provisions Apply to Land Subject to a Conservarion Easement. Unless otherwise agreed in writing, the provi- sions of this section shall be deemed applicable to the duties and liability of an owner of land subject to a conservation easement to a~ governmental entity or nonprofit organization. (g) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to: 1. Create a duty of Care or ground of liability for injury to persons or property. 2. Relieve a~ person using the land of another for recreational purposes from auy obligation which he may Dave in the absence of this section to exercise care in his use of such land and in his activities thereon, or from legal conse- quences or failure to employ such care. 3. Apply to any person or persons who for compensation permit the land to be used for recreational purposes. (h) User Liable for Damages. Any person using the land of another for recreational proposes, with or without per- mission, shall be liable for a~ damage to property, livestock or crops which he may cause while on said property. December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. S-~ REQUEST Water Main Easement Agreement for Nature's Child by LH Properties, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See afs'ached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • ADA COUNTY RECORDER VID NAVARRO AMOUNT .00 i BOISE IDAHO 12/23106 10M DEPUTY PaRi Thomp:on i+~ I~~+~i~~ll~`I~~II~I11~~I~+~++I III RLCORDED-REQUEST OF II 11 1 11 1 I I II City of Meridian 1 ~L 1'~~3~#~ -~ WATER MAYN EASEMENT THIS INDENTiJRE, made this ~ day of D~-~ ~"`'~ , 20 ll~between L H P roperties, LLC, the paa-ties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-o:f way across the premises and property hereinafter pazticulazly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright-of--way for an easement for the operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXHI~3IT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair. and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expedientlyreplacennd restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible far repairing, replacing or restoring any pernianent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT' WTR Psgaa~ .l r~# arty permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawfiil claims of all persons whomsoever. 1N WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. _.. _ _. _ . J e Affleck -Member R. Troy ortensen -Member STATE OF 1DAH0 ) ss County of Ada ) c~ On this ~~ . day of ~ ~~ , 20,x, before me, the undersigned, a Notary Public in and for said State, personally appeared Jared Affleck and R. Troy Mortensen, known or identified to me to be members of L H Properties, LLC, respectively, of the limited liability company that executed the within insbniment, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `~4 >gA Y~Q ~ H ~°r~~F # +~• ~'~]A 1xG '~A '~ Water Main Easement ~~ NOTARY PUBLIC FOR AHO Residing at /~ r~ Commission Expires: `a~ ~'~ ~' Page 2 WTR EASMT ..~1 _ . • CITY OF MERIDIAN Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) 1````~~~„-uw u~~,~~~~, 4.~ ~ ~~, r~ ~r ~I ~r '~ o' ~~~.~~ . ; y s, On this day of ~~~~~ `C/l .2005, before me, the undersign, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to xne that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand amd affixed my official seal the day and year first above written. sEAI. ~~~~ ~~~~ Notary Public for Idahor/~ Residing at: ~~~S~YjGL ~~ My Commission Expires: /G--/S'-'(( _ ppttr~ ~~f `~ - • • EXH~IT "A" PARCEL 8 WATER LINE EASEMENT A water line easement located in a portion of Pazcel $ as shown on Record of Survey Number 6689 and recorded as instrument Number 10414275$ in the county recorders office ofAda County, Idaho, and situated in the E1/2 of the NWl/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada~County, Idaho and more particulazly described as follows: Commencing at a brass cap monument mazking the NW corner of said Section 21, thence along the North line of said Section 21 S89°13'S3'B a distance of 1332.44 feet to a 5/$ . _ inch rebar. m_arldng the NW corner ofsaid E1/2 from wh_ ich a brass cad monument _ marking the N> corner of said E1/2 bears S89°X4'24"E a distance of 1332.53 feet, thence leaving said North line and along the East line of said E1/2 S00°13' 16"W a distance of 1765.18 feet to a 1/2 inch rebaz mazking the NW corner of said Pazcel B, thence along the North, line of said Pazcel B N89°58'30"E a distance of 225.70 feet to the POINT OF BEGINNING; Thence continuing along said North line N89°58'30"E a distance of 28.75 feet to a point; Thence leaving said North line S00°00'00"E a distance of 8.70 feet to a point; Thence S90°00'00"E a distance of 73.02 feet to a point; Thence S00°00'00"E a distance of 52.27 feet to a point; 'Thence S22°30'00"W a distance of 73.06 feet to a point on the South line of said Pazcel B; Thence along said South line N65°23'S0"W a distance of 20.00 feet; Thence leaving said South line N22°30'OOE a distance of 6$.34 feet; Thence N00°00'00"W a distance of 28.30 feet to a point; Thence S90°00'00"W a distance of 73.02 feet to a paint; Thence N00°00'00"W a distance of 8.90 feet to a point; Thence S90°00'00"W a distance of 8.75 feet to a point; Thence N00°00'00"W a distance of 19.78 feet to the POINT OF BEGINNII~TG. Said easement contains 4227 square feet more or less and is subject to all existing easements and rights-of ways of record or implied. 0056079.01 water line easement legal Parcel B 092205 irns.dos ~~ ~ S89' 7 3'53`E 17 16 1332.44 20 21 ~_ h __ 1._ ~r N_ I N pp ~ IO ~, Iw EXHIBIT "B„ WATER LINE EASEMENT A PORTION OF PARCEL B AS RECOItT1ED ON RECORD OF SUItvERY ,~fBe89 SITUATED IN THE S 1/2 OF THE Nlf 1/4 OF SECTION 21 T01-NSHDP 9 NORTH, RANtiE 1 EAST, BOISE ]uBRIDIAN CITY OF !l~IAN, ADA. COIINTY, IDAHO 2aos GEND S89'14'24"E -- PROPERTY BOUNpARY i33j?'S3 ~ - - ~ ^ - LOT LINE """~/ ~~ - EASEMENT LINE P~~ .a © FOUND 5/8" REBAR ~ CALCULATED POINT O FOUND 1/2" REBAR _ _ N138'S8'3p°E~374.7i' 500'00'00"E 225.70' 28.75' S9Q'00'00"E N00'00'00"YV 73.02 - ~ - • - ~ - - ' //7J'//~~~ S90'00'00"W ~j3 a~r -W G'l! Bas' N00'00'001V 8.90' N00'o0'00"W 28.30' PgRCEt B <.. _M I b vi l 1 N C U ~0 28' S00'73'16"W ~i . -~a.ss•~ - ~.~ O ~`! O N I N 1 ~!• V O Ury~ d ' 6 ~ ~~i ~'+~~ Qr~ ~~ N 0. OI _ U rn II I a4/ ~ ~ !~~h~ C ryry/~W ry~ wl ~~ r~ ~i~ Z ~^ C n to .~ I N LL11I '~~T S90'00'0~ 20.00' N00'13'1 117.8: -K$9'~~"~ ~7 .88' - - - - - - so 0 30 60 120 SCALE 1" = 60' G URVE TABLE CURVE LEHGTH RApIUS .LTA TANGENT CHORD CHORD 8RG 'a ~ tE1b9 •1 sty tam 3'7, t3~v ~AI; F1L1~E~`~19 MfR FrduJ 1' I N N C LE DR M 8 BY: P: GVL C~6Q CREATION DATE: Engineers, xnc. CHECKED BY: 12552 W. Executive Or„ Suito B, 6oke, Idaho 09-22--05 83713 KNS tzoa) 887-n6o n_.... '" l w~ ~~ • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn 9 CC: File Date: 12/15/2005 Re: Proposed Agenda Items for 12/20/05 City Council Meeting The Public Works Departrnent respectfully requests that the following items be placed on the 1 Z/20/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Nature's Child by LH Properties LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Nature's Child by LH Properties LLC and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Nature's Child by Sundance Company.. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Nature's Child by Sundance Company and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • • WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of _~ ~~` ~ , 20 between L H Pro ert' parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and V~I~REAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXF-IIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT WTR U any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ,~ ~ ~n J e Affleck -Member R. Troy ortensen -Member STATE OF IDAHO ss County of Ada ) ~~"~h On this --~- day of ~' ~.-~ . 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Jared Affleck and R. Troy Mortensen, known or identified to me to be members of L H Properties, LLC, respectively, of the limited liability company that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ar''~r # g .r,~„~ .`~'l•~•~U~LjC ••~~'`~.~~ ~'F ID ~'~ NOTARY PUBLIC FOR AHO Residing at ~~' ~- . -~~ Commission Expires: ~ /~-°) ~"~' ~ Water Main Easement Page 2 EASMT WTR LJ CITY OF MERIDIAN Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) ~ this day °f ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeazed Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed. my official seal the day and yeaz first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: • EXHIBIT "A" PARCEL B WATER LINE EASEMENT A water line easement located in a portion of Parcel B as shown on Record of Survey Number 6689 and recorded as instrument Number 104142758 in the county recorders office of Ada County, Idaho, and situated in the E1/2 of the NWl/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada' County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the NW corner of said Section 21, thence along the North line of said Section 21 S89°13'53"E a distance of 1332.44 feet to a 5/8 inch rebaz marking the NW corner ofsaid E1/2 from which a brass cap monument marking the NE corner of said El/2 bears S89°14'24"E a distance of 1332.53 feet, thence leaving said North line and along the East line of said E1/2 S00°13' 16"W a distance of 1765.18 feet to a 1/2 inch rebaz mazking the NW corner of said Parcel B, thence along the North line of said Parcel B N89°58'30"E a distance of 225.70 feet to the POINT OF BEGINNING; Thence continuing along said North line N89°58'30"E a distance of 28.75 feet to a point; Thence leaving said North line S00°00'00"E a distance of 8.70 feet to a point; Thence S90°00'00"E a distance of 73.02 feet to a point; Thence S00°00'00"E a distance of 52.27 feet to a point; Thence S22°30'00"W a distance of 73.06 feet to a point on the South line of said Pazce1 B; Thence along said South line N65°23'50"W a distance of 20.00 feet; Thence leaving said South line N22°30'OOE a distance of 68.34 feet; Thence N00°00'00"W a distance of 28.30 feet to a point; Thence S90°00'00"W a distance of 73.02 feet to a point; Thence N00°00'00"W a distance of 8.90 feet to a point; Thence S90°00'00"W a distance of 8.75 feet to a point; Thence N00°00'00"W a distance of 19.78 feet to the POINT OF BEGINNING. Said easement contains 4227 square feet more or less and is subject to all existing easements and rights-of--ways of record or implied. 0056079.01 water line easement legal Parcel B 092205 Irns.doc • • S89' 13'53"E 17 16 1332.44 i EXHIBIT "B" WATER LINE EASEMENT A PORTION OF PARCEL B AS RECORDED ON RECORD OF SURVERY X6689 SITUATED IN THEE 1/2 OF THE NW 1/4 OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOD3E MERIDIAN CITY OF MERIDIAN, ADA COUNTY. IDAHO 2005 LEGEND S89'14'24"E - - PROPERTY BOUNDARY ~~ - - - - - LOT LINE ~ PARCEL A - EASEMENT LINE FOUND 5/8" REBAR ~ O CALCULATED POINT °D ~ FOUND 1/2" REBAR ui n i.l rn I N N 3 I4 ;0 1.^_ M I 0 0 m~ I iq o~ v; v N C .4i/ ~~! f o°. ;,°~h~ i Nry~'t O ryry/ ~I ~ ~ ;., ~ o~~ °In 0 0~ z I OI 1^-- ~ 590'00'00 W 20.00' N00'1 11; 60 0 30 60 120 SCALE 1" = 60' 1 v 1 0.26' /~ S00' 13' 16 "Nl w 2.69=~ g~~ N OIN O ~ ' ~O // U/ / -' / O VN/ 3 ~ 6 ~ ~• 1~'i Fr, ti/ O a~ ~~ N OI U 07 I [ :URVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BRG C1 G2 I108D 37.79 223.00 327.00 28'28'05• 6'3746• S6a7 1&91 109.66 37.77 S14'2719•V S25'22'43•V p 124b9 32728 21.49.42' 63.11 123.93 S11'08'S8'V F.~CN~`CO560 9~dr \ 056079 WfR E1lSfVENfdrg ~ 11 ~I 1 ~ ~ ~ .L~~ CREATION DATE: Engineers, Inc. 12552 W. Executive Dr., Suite B, Boise, Idaho 09-22-05 83713 (zos) 987-77s0 DRAWN BY: MJB CHECKED BY: KNS _ _ N89'S8'30°E 374.71' SDO'00'00°E 225.70• - - - ..8.70' _ _ N00'00'00"W ~j2~8~7~5 S90'00'00°E 19.78' ~!/1/ ~~73 ,02~~ S90'00'OD°W 6.75' ~ 8.90' -~ N00'00'00°W 28.30' -~ PARCEL B _N89'S8'30°E 274.89' _ _ - _ _ _ December 16, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT ITEM NO. S-.I REQUEST Water Main Easement Agreement for Nature's Child by Sundance Company 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: OTMER: Contacted: Date: Phone: _ Emailed: Staff Initials: Matertals presented at public meetings shall become property of the City of Meridian. COMMENTS See attached • ADA COUNTY RECQRaER YIQ NA{fARR4 ANt4UNT .00 E 801SE lDAFl012/~3105 14. Ni IIIII I II RECQ DfDa REAUEST QF ~1! IINlIIIIlIII!!"~r~+~,~II~I~ ~I ~~I City of ~arldian 1 ~~ 19~~~? _V4rATER MAIN A. ~' THIS INDENTURE, made this~~ day of ~ ~ ~ ~' -- 20~~ between The Sundance Company, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide ~a water main right of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WI~?RRAfi~ it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee thenight-of--way for an easement fox the operation and maintenance of a water main over and across the followiwg described property: (SEE ATTACHED EXFIIBIT A and B} The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the &ee right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigps forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in malting future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed W atca' M~ ~ pa8~ 1 CO5~G079.01 F,ASMT.W'I'R.doc v.a_I M S • • auy permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. l ~ . r Travis Anderson, Vice President Authorized Agent for Sundance Investment Ltd. Partnership STATE OF IDAHO } )~ County of Ada ) Qn this f~' - day of ~~ v 20c~before me, the undersign~l, a Notary Public in and for said State, personally appeared Travis Anderson, known or identified to me to be the Vice President, respectively, of The Sundance Company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -. .•• ~ ~-• W1Ls °•. ~4'• pK AR Y •'L pveti~ .•' .r '~' ~'••.._'~ TE O~__..•• NUT Y RUBLIC FOR IDAHO eliding at: Commission Expires: i i o Water Main Easement Page 2 C0560~9.01 EASMT.WTRdoc ~aB~L~ of ;+ • CITY OF MERIDIAN Tammy cjF weerd, G. Berg, Jr., City `~pQ'~TF. '~ o s c~ ~~411! q 11111~~~~`` Approved by Council on :~L`~ ~ p'(Y\ ~,,,~ ~~Jv STATE OF IDAHO, ) . ss. County of Ada, ) On this ~ day of I ~ C~/yYt Y~~ ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William. G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: ~~ l i~? G~ My Commission Expires: j8 ~~ /rte EXHIBtIT "A" PARCEL C WATER LINE EAS ~'MENT A water line easement located in a portion of Parcel C as shown on Record of Survey Number 6689 and recorded as instrument Number 10414275$ in the county recorders office of Ada County, Idaho, and situated in the El/2 of the NW 1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the NW comer of said Section 21, thence along the North line of said Section 21 S$9°13'S3"E a distance of 1332.44 feet to a 5/8 inch rebar marking the NW corner ofsaid E1/2 from which a brass cap monument marking the NE corner of said El/2 bears S89°14'24"E a distance of 1332.53 feet, thence leaving said North line and along the East line of said El/2 S00°13' 16"W a distance of 1882.18 feet to a 1/2 inch rebar marking the NW corner of said Parcel C, thence along the North line of said Parcel C N89°S8'30"E a distance of 274.89 feet to 1/2 inch rebar; thence S65°23'S0"E a distance of 7.57 feet to the POWT OF~ BEGINNING; Thence continuing along said North line S65°23'SO"E a distance of 20.00 feet to a point; Thence leavio$ said North line S22°30'00"W a distance of 41.81 feet to a point; Thence 500°00'00"E a distance of 57.79 feet to a point; Thence 590°OU'00"W a distance of 20.00 feet to a point; Thence N00°00'00"W a distance of 61.77 feet to a point; Thence N22°30'00"E a distance of 46.53 feet to the POINT OF BEGINNING. Said easement contains 2079 square feet more or less and is subject to all existing easements andrights-of--ways of record or implied. C056079A1 water lip easemont le~l Parod C 092205 kasd°c 589' 13'53°E 17 16 1332.44 1 n I ~1 r~ 1~ 1~ M I' N1 1 1 WATER LINE EASEMENT A PORTION OF PARCEL B Ae RECORDED ON RECORD OF 9URVBRY X8889 SITUATED DY THS 8 1/8 OF THE NW 1/4 OP BSCTION 81 TOWNSHIP 9 NORTH, RANGE 1 BAST. )RISE I~ItIDIAN CITY OF IIE~litIDIA1Q~A COIINTY, IDABO LEGEND S89'14'24"E - - PROPERTY BOUNDARY 133 .53 ~ - ~ - - - - LOT UNE ~ ~f~ EASEMENT LJNE P'~~ A Q FOUND 5/8' REBAR ^ CALCULATED POINT O FOUND 1/2" REBAR _ _ N88'88'30°E 374.71 _ """ "" r" 8.7D 225.70' N~,~,~„W ~/2/B/7/5' 590'00'( 19.78' ~U.~/ ~~~3~ ~e s~oo0•oo~vv 8.75'--r 8.90' PARCQ B -~$°.~ X74.89, - - - - - - ~. PAkLFC C v 1 0.28' ~SOD'13'16"W a.ss' ~~ 31~ r ~~'n /1 ~/ VN/ ~e / ~'~' ~~ ~/ 0 R/ ~' N Oi U m i 28.30' •~/`~'•~ ~"ey '~% ~, ~I ~I o r~ o~^ im ~i~ I ~ s~ '~ 20.00' 1 t sD o 3o sD 1zo SCALE 1 " = 60~ CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BRG a uaeo ere2ros !0!1.66 St4'8 asw ~ 37~ ~ 6~• 1&91 3~.n 43w 21'4 63.11 311 p;~gy~,~~j`79 ~ ,~~ P I N N C LE DRAM B BY: CREATION DATE: Engineers, Inc. CHECKED BY: 12882 W. Exeouttre Or., Suite B, 6olse, Idaho 09-22-05 (2~) ~' i~ao KNS 1Peor,J „f • City of IVier~dian Public 11Vorks ®ept. Memo To: Mayor De Weerd & City Council From: Karie Glenn o ~~ ~ ~~ ~~3 ~~ ~Y tJ~~ ~~~Rl~~A~~ CC: File ,w _ Date: 12/15/2005 Re: Proposed Agenda Items for 12/20/05 Ciiy Council Meeting The Public Works Department respectfully requests that the following items be placed on the 12/20/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Nature's Child b LH Pro erties LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Nature's Child by LH Properties LLC and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Nature's Child b Sundance Com an . Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Nature's Child by Sundance Company and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 WATER MAIN EASEMENT • THIS INDENTURE, made this~~ day of j/E~'~rt~ ~- , 20flS between The Sundance Company, the parties of the first. part, and hereinafter. called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be n~essary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granted the right-of--way for an easement for the operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXE3IBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, lazge trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 0055079.01 EASMT.WTR.doc any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed. of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Travis Anderson, Vice President Authorized Agent for Sundance Investment Ltd. Partnership STATE OF IDAHO ) ss County of Ada ) ~\ ~- On this _ ~~ day of~~~ ~ 205 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Travis Anderson, known or identified to me to be the Vice President, respectively, of The Sundance Company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. sro-----u~ee-o--ej . 4. • OVARY :~ S Q~ ~ ~ V ' e.~ i G . ~s f ~0~~~~e• Q ~~ ~~~°ss'`1 TE ~~ 000~'~ ~o~ooo---s®--~- NOT Y P.~JBLIC FOR IDAHO c e Residing at~~F.~~ ~~,~ , ,c~~~~'~,~ Commission Expires: ~ ~ ~ ,~ ~ Water Main Easement Page 2 0056079.01 EASMT.WTR.doc C7 CITY OF MERIDIAN • Tammy de Weerd, Mayor William G. Berg, Jr., City Clerk Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) On this day of ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires: EXIT "A" PARCEL C WATER LINE EASEMENT A water line easement located in a portion of Parcel C as shown on Record of Survey Number 6689 and recorded as instrument Number 10414275$ in the county recorders office of Ada County, Idaho, and situated in the E1/2 of the NW 1/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: _ Commencing at a brass cap monument marking the NW corner of said Section 21, thence along the North line of said Section 21 589°13'53"E a distance of 1332.44 feet to a 5/8 inch rebaz marking the NW corner of said E1/2 from which a brass cap monument marking the NE corner of said El/2 bears 589°14'24"E a distance of 1332.53 feet, thence leaving said North line and along the East line of said El/2 500°13' 16"W a distance of 1882.18 feet to a 1/2 inch rebar marking the NW comer of said Pazcel C, thence along the North line of sand Parcel C N89°58'30'B a distance of 274.89 feet to 1/2 inch rebar, thence 565°23'50"E a distance of 7.57 feet to the POINT OF BEGINNING; Thence continuing along said North line Sb5°23'50"E a distance of 20.00 feet to a point; Thence leaving said North line 522°30'00"W a distance of 41.81 feet to a point; Thence 500°00'00"E a distance of 57.79 feet to a point; Thence S90°0~'00"W a distance of 20A0 feet to a point; Thence N00°00'00"W a distance of 61.77 feet to a point; Thence N22°30'00"E a distance of 46.53 feet to the POINT OF BEGINNING. Said easement contains 2079 squaze feet more or less and is subject to all existing easements and rights-of--ways of record or implied 0056479.01 water line easement legal Parcel C 092205 kns.doc P 8 0 g it V f~ E pN O 0 iv 0 r e g s Q s e m EXHIBIT ' B' YPATER LINE EASEMENT A PORTION OF PARCEL B A3 RECORDED ON RECORD OF SIIRVERY X8889 SIT[IATID DV THEE 1/2 OF THE NW 1/4 OF SECTION 21 TOWNSHIP 9 NORTH, RANGE 1 EAST', BOLS'E MERIDIAN CITY OF MERIDIAN, ADA COIIIVTY, IDAHO 2005 LEGEND S89'13'53°E S89'14'24°E - - PROPERTY BOUNDARY 17 16 1332.44 1332.53 LOT LINE 20 21 O - - - - - - EASEMENT LINE PARCEL A Q FOUND 5/8° REBAR ^ CALCULATED POINT O FOUND 1/2° REBAR lA n S00'00'QO°E _ _ N89'S8'30°E 374.71' _ _ 8.70 - _ 225.70' - - - 28.75' S90'00'00'E N00'00'OO~W ~I' ~~%j 2~ 19.78' ~/ - r L1~ I S90'00'00 W ~~ S90'00'00'W 73.02 ~ 8.75' N a N00'00'00°W ~ 8.9D' N00'00'00'W s~ ~^ 28.30' PARCEL B o` I `D~/~'~~ 2~ y~r~n _I~§9'S8'30°E 274.89' _ _ _ _ _ S _ ~/ 000 eF o ~ ~ `I WI O) r~ gl~ N PARCEL C o o n o I~ bl~ ZI ~I 1o-o- S90'OD'OO WW 20.00' N00'13'1 117.9: N00' 1 18 60 0 30 60 120 SCALE 1" = 60' 0.26' /~500'13'16"W WI 2.69' O:N DIN ~ DID ' ~/ i ~ O VN/ 3 ~ s ~ CC~~ C~// ~/ O a, ~.~ a of U I I CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHDRD BRG a 1to.80 ez3nn 8e'ee'o5• s6,s7 SW.66 S14'E7'19N CC 37.79 3E7A0 8'37'16' 1&91 37.77 SE3'22'43'V q 1P4.69 32738 2!'49'4E' 63,11 12393 S11'0858'V a:~aua.\ca~so~s\deg\c~smg WffR EASE.~tid®g P I N N C ]L]E DRAM B BY: CREATION DATE: Engineers, Inc. CHECKED BY: 12552 W. Exacutiws Dr., SuRe 8, Boise, Idaho 09-22-05 X713 KNS (toe) eel-nso ITEM NO. 5- REQUEST Approve Bills December 16, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT 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. December 20, 2005 COMMENTS • • December 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT Parks Department -Doug Strong ITEM NO. 6-14-1 REQUEST Renaming Five Mile Creek Pathway the Bud Porter Pathway AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: J~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • Page 1 of 1 Will Berg From: Diane Stewart [stewartd@meridiancity.org] Sent: Friday, December 16, 2005 12:20 PM To: bergw@ci.meridian.id.us; Tara Green Subject: Council Agenda Item Attachments: Commission Recommendation Document.doc; Council Agenda Item Memo 5 Mile Pathway.doc I will get the originals to you today. Thanks Diane 12/16/2005 QQ,,~~' em'r~r .,,~ ~~~-'t8f~~l~l?~ Ka:Uff} ~'r. ~~ ~~ • STAFF suMr~AR,Y ~~ PARKS AND RECREATIpN COMMISSION RECOMMENDATIQN TO CITY COUNCIL t\~~q l~l'O,BCt~~ill@ ~~~ \J IAD~a~ ~~Uv ~~~: ~ ~~ , C~~~ P~~,~z~ . ~ . .Applicant; ~~~~.,.~. ~~ ~ ~ ~<~ ~-sc~, ~.--,,.. P&R Commission Meetiag Date: ~ ~ ~ ~ - ~~ Recomm@nclatian: (~ f ~ ~ ~ ~- ~~ Sammary of public Haring: Ivey Commission Changes to Staff Recommendation: t'Jutstandimg Issaes der City Council: APPR~I~E13: ~~ ~4ndee Stockton, President , Bud Porter, Vice President • ,.c. Memo To: Mayor and City Council CC: Will Berg ~_ , From: Doug Strong, Director '~ ;~~~ `~-3 ~'~`~~ Date: December 16, 2005 Re: Renaming 5-Mile Creek Pathway r During the December 14, 2005 Parks and Recreation Commission meeting the renaming of 5-Mile Creek Pathway was discussed along with a recommendation from the Parks Commission. After a lengthy discussion the Parks and Recreation Commission approved to rename the 5-Mile Creek Pathway "Bud Porter Pathway" in honor of Bud Porter who has been an asset to the commission and the City of Meridian as a whole. The Commission is recommending the pathway be renamed in honor of Bud Porter and for it to be sent forward to the Mayor and Council for their approval. The Parks Staff is requesting this item be placed on the Council agenda December 20, 2005 meeting. The Staff Summary of the Parks and Recreation Commission is attached to be forward to City Council for approval. Memo To: Mayor and City Council CC: Will Berg From: Doug Strong, Director ,-'~,,~~o~°u Date: December 16, 2005 Re: Renaming 5-Mile Creek Pathway During the December 14, 2005 Parks and Recreation Commission meeting the renaming of 5-Mile Creek Pathway was discussed along with a recommendation from the Parks Commission. After a lengthy discussion the Parks and Recreation Commission approved to rename the 5-Mile Creek Pathway "Bud Porter Pathway" in honor of Bud Porter who has been an asset to the commission and the City of Meridian as a whole. The Commission is recommending the pathway be renamed in honor of Bud Porter and for it to be sent forward to the Mayor and Council for their approval. The Parks Staff is requesting this item be placed on the Council agenda December 20, 2005 meeting. The Staff Summary of the Parks and Recreation Commission is attached to be forward to City Council for approval. Page 1 „~;' ~,Q,~~(:fil't11 dpi ~}~ i C~'rc~Y1~1~"l2 ~ _ STAFF SUMMARY 3DAki0 '~~ OF ~~=,t . $`'`"""'`~1't~ ,1 ~ PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: ~~ \ L~~ ~j ~~W U Park: ~ ~ ~ CS~ \ e~~ ~`~ ~ , ~APPlicant: ~~ P ~ ~ ~~~5.~,~~~ P&R Commission Meeting Date: ~ ~` l ~ ^ ~~ Recommendation: ~ ~~~ P~~ ~~~~~v~ ~~ Summary of Public Hearing: Key Commission Changes to Staff Recommendation: Outstanding Issues for City Council: APPROVED: `~ `~ Andee Stockton, President Bud Porter, Vice President ~ ~ December 16, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT Parks Department -Doug Strong ITEM NO. 6-A-2 REQUEST Discussion of Proposal from Kiwanis to put Recycling Containers in City Parks for Fund Raising 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 ,~' ~ r~ ~~` Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. '' ~ ° ~: ~ '~ i ~ r ~, :~, ~ -- emo ~®EC ~6 ~i#~ ~f fNer'idiaru To: Mayor and City Council CC: Will Berg From: Doug Strong, Director ~u~~ Date: December 16, 2005 Re: Kiwanis Park Recycle Program During the December 14, 2005 Parks and Recreation Commission meeting Daybreakers ICwanis presented a recycling program, which includes placing recycle bins in Tully, Bear Creek and Meridian Settler's Park with staff approval on the location and size of the bins. After a lengthy discussion the Parks and Recreation Commission approved placing recycle bins in the above-mentioned parks as a fund raising effort for the Daybreakers Kiwanis Club. The commission is recommending approval to the Mayor and Council for their approval. The Parks Staff is requesting this item be placed on the Council agenda December 20, 2005 meeting. The Staff Summary of the Parks and Recreation Commission is attached to be forward to City Councll for approval. Page 1 .~...~. `' ~~ ~~~rl~t~r~ STAFF SUMMARY IU:UIO a.~.fiy~Yr OF "r'°"''~°'A~ ~ PARKS AND RECREATION COMMISSION RECOMMENDATION TO CTTY COUNCIL ~~~ Project Name: ~,~ W a.~9, S ~ Park: ~~~~C~~SL~ ~ ~~ ~ ~ ~ , Applicant: ~'~ ~~ ~~ ~~~ P&R Commission Meeting Date: ~ ~ ~ ~ , ®C~ ~~ .~ ~ , , DEC 16 20Q5 City ®t AAeridiar~ City Clerk ®Fticl~ Recommendation: ~~~ ~ti~ ~` ~~~~ ~.~~~vo.9 ~ J~.~ c~~~~~ ~ s~~s Summary of Public Hearing: Key Commission Changes to Staff Recommendation: Outstanding Issues for City Council: APPROVED: `~ Andee Stockton, President n:~ ,k~ ~,; ~I, sb~~ Bud otter, Vice President ~ ~, i ,~ •c'' ;® ~~ r ev ,, d„ a- ~ a '~ ~ ~~~~^ ~., r "~~'" ~~._ _: ;~ ~, -_ t - _ s } ~_ I `-'~ - =~'~, 1 ~~ 1 • _ "~ 1 ~a `~lf~' 4}~~ ~` i ~ 4 ~4, ,~_ !~ y:.3ti Y 4 ~ a V ` 1 1'`~ .,114 ~ .. ~. { °rt. ~.~ -~ 43~ SpEe ~ 4. y '~'"` ^'7 "~ r~ g~~ D / _ Td gY r:, :. ._~ 'rCa '~ ,~;- ';. -' L ....~. 5,~; .p~~ t,~ _ u. « ~Tf Y ray '~f •;R~i ~~. _ ,, ~". t i~ ~ ~ ~ d . , ~ ~ ~. ~~~ ~ ~, ~~~ ,~ ~ V ,~ ~ _ ~.: ~-a f ~ ~ TS~ M ~~'C ==T~ ~~p ' { e` »~ ~C~ iL t} ~ i' ~ a ~ " -r, ' ~` C ,j ~+, ~" ~ ,' n3 {: a 4 x:: F ~. '~k ~~.. ~ .p ¢ ^° '~ 3~ a r 4 I / dt ~ ,s 1 #G t ,, tf 1~- 5~~ t 1 :~ + .~ ,~ r y 1F 5 , t tB `I ~ _ h ';'~ •f {;..~ 1 ~w F r ~ ~ t . 't ~` '~ J° ~, r i, i~ ji : e ~ f i J~ ~~ i h a ~ l ~ 4 Lb+;, 'Z'k ~ ti i ~z 1~ F' .<'~4 ~i .+ .~ i fR' ` 4 ~4~ ~ Yk f n~. ~ v 1 , ~~', 4aS ~. s ~ t 1, ' `, x ~ ~` ~. f , ~ ~trYk~ ~~"a -. ~,a: ~ ~ ~. ~:~~ ;~. ,~ ~ ~, 44 i ~ I4, r t'T t ,' v n ~, _~~ ~4 ~~ i., '13~' a, ,. ~ ~ ` ~t 1 . '~ ~ k~ ~~~ ~~~ ~ ~~ , ~~~ P !a S~~•~ ~~ i ~ T~,~5 t] ~ ~ ~-, ~ ~ ~ > e . Y 4 ~. ` {, ~; ,~ ~~ -- k :~y' ~ p~: .~ a 1 E ra ~ _ ~- ~-~ _ Y ,, (; • • Will Berg From: Diane Stewart [stewartd@meridiancity.org] Sent: Friday, December 16, 2005 4:41 PM To: bergw@ci.meridian.id.us; Tara Green Subject: Council Agenda Kiwanis Recycle Program Attachments: Recycle Bins.jpg; Council Memo for Kiwanis Recycle Program.doc; Commission Recommendation for Kiwanis Recycle Program.doc I will have Doug bring over the originals in a few minutes. Thanks Diane ~' ~~~~`~ x'05 ~~~ Page 1 of 1 12/16/2005 _. ~ ~ ~, _,~ :~ xr~ ~ ~'~ ~ ~ i ~ ~ .+~' ~ ~ i i, f ~ ~ ,~ ~ ,; ~ ~ try ~,- a ~ ~ a -. ._ ~ ;' X4'3 ~i _~ 9r _ ~i) ~ _ ~, ,, .~ ,.., _. .. _.. ..« ~~ _~ -~~--s-- i ~. ~,~~~ .. wr ..~: Memo To: Mayor and City Council CC: Will Berg From: Doug Strong, Dire~or d~ ~~ ~~-~ Date: December 16, 2005 Re: Kiwanis Park Recycle Program During the December 94, 2005 Parks and Recreation Commission meeting Daybreakers Kwanis presented a recycling program, which inGudes plating recycle bins in Tully, Bear Creek and Meridian Settler's Park with staff approval on the location and size of the bins. After a lengthy discussion the Parks and Recreation Commission approved placing recycle bins in the above-mentioned parks as a fund raising effort fior the Daybreakers Kiwanis Club. The commission is recommending approval to the )Mayor and. Counai for their approval. The Parks Staff is requesting this item be placed on the Council agenda December 20, 2005 meeting. The Staff Summary of the Parks and Recreation Commission is attached to be forward to City Council for approval. Page 7 Ci~~~tr~ 1f7.111fY o'~~ly .lmt iC\~s~• STAFF SUMMARY OF PARKS AND RECREATION COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: ~.~ W ~~~ S "~-~t ~`A`~` ~ " i ~ ~~ 1 --~- ~ L~ ~~~^~ ~~ Park: ~~~~~~~ j \ 1,~ ~ \j Applicant: ~,~;~,'~`~y~..~~~ `1~.11f1)A.~~ P&R Commission Meeting Date: ~ z- l ~I _ ®C.,~. Recommendation: Summary of Public Hearing: Key Commission Changes to Staff Recommendation: Outstanding Issues for City Conned: .APPROVED: ~~ .~ ~ Andee Stockton, President 9-C~~~:J ~,s L~ 1. ~ ~ ~1 i 1 Bud orter, Yice President • • December 20, 2005 Department Reports MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT Public Works -- Len Grady ITEM NO. 6-8-1 REQUEST Approve Bid Award to Irminger Construction for installation of waterline at St. Luke's AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See AtFached Memo, Bld Sheet Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ,t ~ ~ STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the ~~~ day of in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Irminger Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: Abandonment of the 12-inch waterline in Eagle Road and installation of waterline at St. Lukes Regional Medical Center The Project for which the Work under the Agreement is described as follows: Eagle Road Water Main - I84 to Franklin. All materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER Civil Survey Consultants, Inc. will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. All work, except final asphalt and lawn sod restoration, must be completed no later than January 31, 2006. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $98,928.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payment will be made Payments. The OWNER will make a one time payment upon completion of all work based upon the values established in Article 4, if final surface restoration can be completed prior to January 31, 2006. If final surface restoration must be delayed, then temporary asphalt will be installed and payment made separately for the restoration once it is installed and accepted. The OWNER will make payment on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by the Public Works Department, on or about the 15s' day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance 12/21/2005 Page ~ • of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all~drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement -Bid Tabulations. 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR'S Quote -12/14/05. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the 12/21/2005 Page 2 • contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on~.e~.~ o ~~ ~~o~, Owner CITY OF MERIDIAN By: Name: Attest: Name: City Council Approval :12/20/2005 Contractor: Irmineer Construction, Inc. sy ®®```®~~~~'aeatsseeaaaest/'saes',/ a ~~; ~! ~ `~- ~ ~ ;o ~®roa-a awes®~ 12/21/2005 Page .rvcy,,-~Mrv~oM l~ M l~ d' h 00 h N~6969~~E135H 6969 ~ O O O O O O O O O O O O O O O O O O O O O O O O C N~~ 00 00 0 0 0 h 0 0 0 O. ~ M d' N t+1 00 V'1 O O V' \O h N ~ 69 b9 59 69 ~t V~ O b9 b9 O~ 69 '~ l~ h 69 ~ NfA b9 b9 (!~ w '-+ M O ~ O Ob ~ M h ~O d~ (+~ e} V1 O MN~(H t~}} ~ b9 EA b9 69 69 H z W az ~Y O a~ 3~ ~o o ,~ ~ W Z J 0 a {l~ O m 0 0 N N a~ E ~- ~ °o, 0~ ~~ V 'O m m c 0 0 0 0 0 0 0 0 0 0 0 0 0 Q (~ O O O O O O O O O O O O O v 'c P C ~ 00 .~-i 00 O O_ O_ d' h h ~ n- ~ ~ ~ N M l~ M m ~ 69 H9 b969 [~~,n 69 b9 f~fA E~ ~ ~~~ ~ 0 ~ C c.k '~f'- C ~ ~~ ~Q_ N~ ,~,, C C •~ ~ 0 0 0$ 0 0 0 0 0 0 0 0 0 0 000 OOpOOOOOppOOO ~ 0 X00 ~~ 0~1 O O O ~~ 0 0 000 9ry,°~ vv_oo}}OOOOOV~ao~ ' ~ O~~b~9 VM]b~969~~~ N ~ b9 ~ b9 oooooSooSooSoo ~ONOO~ NOOOI~ 1~OOO QOM.-~ 1000 NOON.--~ O 69 69 H9 b9 V ~ O O fA b9 V~ 69 69 O .r~N N ~ 69 b9 6q 0 0 N a ~ CT 69 c ~ ~~~ W ~ ~' ~" ~" ~-1 ~ ~ [~ ~-1 y .-1 ~ ~ ~ ~p p N p '~ ~7 W N .~ w .~ `~ ~ a Cti7 ~~° ° ~ ~ ._ e•~ .R a~ ~ ~ p , ~w~~¢~v~~ ~p~~ ~~~ ~S 0 ~ ~3 ~ U ~ Q i 23 ~j' j ~" p ?a4 ~ tlO p a7 O VJ C'~ry'p"/1~ ~~(J F7 ~~ 0 ~ .`~~~Hw~~wx ~~U~ a Z .~ '. x a z, C 7 C i x d d ~ ¢' d C 7 Q ' x ~, E _ , . ..., : :d;vv vvvv;vvvvv o a d ~ OOOOOOpO OppOOO N N M M M 'V' ~~ t} n n ~~ N ~N J • • BID FOR WATER SYSTEM IMPROVEMENTS EAGLE ROAD - 184 TO FRANKLIN ~-~ ~~`~~.~ ~~~ DEC 1 ~ 2Q~5 BIDDER acknowledges receipt of the following ADDENDUM: ~'~ (~ ``+~ Addendum No. Dated; `l NOTE: BIDS shall include, sales tax and other applicable taxes and fees. Quantities shown are estimated and may vary during construction. BIDDER agrees to perform all the work as shown on the plans for the following unit prices or lump sum. Any work required to complete the project not specifically covered under a bid. item shall be considered incidental to all other work and no separate payment will be made. All work is subject to approval by th.e City_of:Meridian,. St. Luke's Regional Medical Center and Idaho-~. Transportation. Department. ~ ' ~ -~ - ~° -~ Bid Schedule Ite N E m o. stimated Quantity Unit Item Description (With Unit Price Written in Words) Unit Price Bid Item Total 206 4 1 H 1 Bid . . . . 2262 SF Lawn Sod Restoration Dollars 207 4 1 A 1 . . . . 1 LS Removal of Obstructions ~~ ~a~~~-~~ ~ ~v c~~ Dollars \c~ ,cam`': 307 4 1 G 1 . . . . 76 SY Type "P" Surface Restoration ~ ~~~~~ ~t~~ Dollars ~~~ ~,~~~~~ 307 4 1 G 2 . . . . 258 -= SY Temporary Asphalt Restoration ~1C-~~~~~?t~ ~ c~~`' r~~ ~ ~~ Dollars ` BID SCHEDULE ~ ~ BD-1 OF 3 • Ite N E m o. stimated Unit Item Description Unit Bid Item Quantity (With Unit Price Written in Words} Price Total 307 4 1 H 1 Bid . . . . 456 SY Full Width Asphalt Restoration ~'W ~~- 1 ~ ~ ~% Jr ~-~ao~ Dollars 401 4 1 A 1 " . . . . 743 LF 12 , C900, Class 150, DR 18 PVC Water Main With Fittings 3 ..c~~ ~If".L`~``~ ~ V~.~ C~ ~--~ ;1 ,'~~J J't f~ ~ `~1 ~~ LPG • Dollars 402.4.1.A.1 6 EA 12" Gate Valve C~+S~I ~ i N,d N D ~ `V~ 1 ,SC~J~ cl c,3~c~? N~~ ~ ~~ Dollars 403.4,1.A.1 1 EA Fire Hydrant Assembly w/ 6" Gate Valve 1-0L1 ~ i ~-1U~SAN ~ ~,C'~j~ -~ .C~°~ Dollars 404.4.1.A.1 1 EA Hot Tap Existing Water Main i ~r.l J 1 ~-1d~Si~•rr3~ ~ ~'~ ~,c ~'~~ Dollars 706.4.1.A.4 30 LF Replace Concrete Curb & Gutter Dollars 706.4.1.G.1 12 SY ~ Replace Concrete Sly°~ ~ :V~c~ i '~''~ C~ c.c. Dollars ,r 1103 4 1 A 1 , . . . 1 LS Construction Traffic Control ~ ~ KQ~S~~cJ Q t= r ~0 ~ ~. ~~G~ ~. ~G'4 ~c V N ~~F_Q Dollars BID SCHEDULE BD-2 OF 3 Item No. Estimated Unit Item Description Unit Bid Item Quantity (With Unit Price Written in Words) Price Total 1103.4.1.H.1 40 HR Traffic Control Flaggers Bid ~~ - Dollars 2070.4,1.A.1 48 SF Replace-Brick Pavers ~~ t c7`'~ -~~O °Q ' Dollars ~ ~ G Total of Bid Schedule _ °~ ,° Respectfully Submitted: By: Signature ~ . ~~iz~ ~ ~ ~ r~~ ~ ~~G ~ Q Name (printed or typed) ~~~ s Title (printed or typed) Date Seal BID SCHEDULE R ~`~l I y~1C-~ ~ R ~'~ ~ ~ . ~ ~C Name of Company ~30~s~ zo ~~`r~~ ~ Address ~.~s~~, ~ a~:A • 3 • ~ License Number BD-3 OF 3 - • , • ~ ~ - • Memo To: Tammy de Weerd, Mayor From: Max Jensen CC: Brad Watson, Public Works Director Date: 12/21/05 Re: Agreement Execution for Eagle Road -184 to Franklin ,~ ~ ~,, DES 2 ~ 20~~ City of Meridian City Clem tiffi,~a L,Qe~~ ~ ~~ ~v~ i~n'' ~~ J n ~~ti~U~ ~ ~v.~~c~ d ~~,~~ G( 1~., c~~~ . ~ Ll C~r/I ~~? The Public Works Department respectfully requests the enclosed con 't executed by the mayor. This contract was approved by the City Cour ~ V~ GZ 1~~~ Thank you for your consideration. J~ A/~.~~ This is a time sensitive project that must be completed by Janua interference with Idaho Trar°^^~~;%~n nenartments upcoming roadway %mproveme~.,, ~„ Eagle Road. ~ Please contact me if you have ~ c.~--'~' `-`~ 859-8731 _ ~~~~.~'~"~~ i{/ ,/, =-~ R,,~ ~ "l ' ~~ ~ C2L`di~•C L a~ ~ ~` /i C `" ., .1 ~%~ ~; ~V~' '. ~ ~: ~-~ / • Page 1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of in the year 2005 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Irminger Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: Abandonment of the 12-inch waterline in Eagle Road and installation of waterline at St. Lukes Regional Medical Center The Project for which the Work under the Agreement is described as follows: Eagle Road Water Main - I84 to Franklin. All materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The Contractor should become familiar with the specifications. Article 2 ENGINEER Civil Survey Consultants, Inc. will be the ENGINEER. The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIlVIE. All work, except final asphalt and lawn sod restoration, must be completed no later than January 31, 2006. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current fends as follows: Total Contract Price is $98,928.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for Payment must be submitted to the Public Works Department. Payment will be made Payments. The OWNER will make a one time payment upon completion of all work based upon the values established in Article 4, if final surface restoration can be corr~leted prior to January 31, 2006. If final surface restoration must be delayed, then temporary asphalt will be installed and payment made separately for the restoration once it is installed and accepted. The OWNER will make payment on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by the Public Works Department, on or about the 15~` day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day of that month. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance 12/21/2005 Page of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 The CONTRACTOR has studied carefully all~drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice o~all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement -Bid Tabulations. 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote - 12/14/05. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the 12/21/2005 Page r contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN Contractor: Irmineer Construction, Inc By: Name: Attest: Name: City Council Approval :12/20/2005 \\\\~eblis ildlP9flsA r' • ~.,- a ~~ --~' By ~ `,.~ ~.. A! ~y~~.' , ~ ~ _ p~9~~, ~, ~~ ~~ '~ ~ ', 12/21/2005 Page Fy- Z W ~. a '"' W a 3 0 Z. 0 O 'm Z Y LL '"" d 0 W 4J W 0 N r E n. ~o° a~ ~ N ~~ o 'O 'O m m L_J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M U M Cli lD cr ~D d' 0 0 0 0 0 O O O N -~ f~ ~D M CT N M 00 O O O Vl N h O 00 00 V ~ f`~ .--~ M l ~ ~n O M l~ T o0 d~ 9 f ~ d' O --~ O 69 69 f 3 l M l~ ~ Vt W V1 6 ~ 6969 9 ~d N ~ ~-- ~ ~~ 6 69 9 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~'C Q„ 0 0 0 0 0 0 0 0 0 0 0 0 0 CV CT ~L700 ~-+00000 h0000 69 M ~} N M 00 h 0 0 ~O h N .-~ V 69 69 69 69 V h O ~ 69 D\ 69 69 ` = m 69 ~ FA 6N9 &9 (j 0 0 0 0 0 0 0 0 p O O O O O 00000000000000 O O C V O d' ~ ~t O O O O OO Vl O ~t ~ 0 ~ ~ ~ ~ ~ l~ r C ~ ;p ~-' O M 00 M l~ ~ V~ ~} 69~ ~ .--i 69 69 69 ~ n 0 ~ ~ fA 69 69 69 6 N O 6R 9 ,-. C O~ O O O o o O O O O o O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 'C ~ O~ 00 ty' oo O O O .~ f h h M ~ a N _ 69 ~"~ CT 00 N M l~ M M C 4969 H9691~c1 16969 f~6969 ~ ~ i9 (i96M9~ O U 0ooooog°oc4i°o°o,~°o o° 0 0 0 0 0 0 °o C ~ pp O ~ ~ V V 0 0 0 a0 ~ h 000 ~ ry ~ a O O :A „ , NON VIMCT N~~Nd9 69 69 ~69 ~ 00 ~- ~ SEA 69 69 ~ 7 .~ C Q Q; ~+ 'C O O O O O O O O O O O O O O OOOOOOOOOOOOOO .-r O Vl 00 (V fV O O O l~ l~ O O C ~.. d N ,~,,, ~ 69 O M .--~ l~ 0 0 0 N ~O O N ~--~ O fl9 b9 69 69 V~ O O 69 69 h 69 69 ~ C ~ ~ 69~~ 6N9 m W d N ~ l~ ~'' w ~a a .~ a ; a ~~~A \~ ~ ~ C o ~ ~~ ~~o~" ~aU v 3 ~ ~.., ~a ~ m ~ ..~ ~ m v, as °. ~ C ~u M ~ ~ ~ ~~~ ~ ~ ~ Fi F" ?E U ~ +~ . + v gq ' C~ U ° b O G ova .~o~~~U U ~~CO ~ o~' a~~xH ~ ~~ ~ , ,-. a . _ .~ ~~~Fw~~wx~~~~ Z .-~ .--~ .-. N .r .--i 'r .r ~ .--~ .r .-i .. x~~~x~~a~a~ax~ .. ~ .. N ~O l~ l~ l~ l~ N M V ~D ~O M M O 1- Y _ 0 0 0 0 0 0 0 0 0~~ 0 N N M M M ~ ~ V' 'd' (~ I~ „y ~,,,~ N . f BID FOR WATER SYSTEM IMPROVEMENTS EAGLE ROAD - 184 TO FRANKLIN --- ~~`~~~ ~~ DEC 1 ~ 211~~ BIDDER acknowledges receipt of the following ADDENDUM: ~~' C~~`~~ Addendum No. Dated: NOTE: BIDS shall include. sales tax and other applicable taxes and fees. Quantities shown are estimated and may vary during construction. BIDDER agrees to perform all the work as shown on the plans for the following uni# prices or lump sum. Any work required to complete the project not specifically covered under a bid. item shall be considered incidental to all other work and no separate payment will be made. All work is subject to approval by the City_of~Meridian,. St. Luke's Regional Medical Center and Idaho-~. , _ Transportation. Department. - -~--- ~ _°~ -~ Bid Schedule It N em o. Estimated Quantity Unit Item Description (With Unit Price Written in Words) Unit Price Bid Item Total 206 4 1 H 1 Bid . . . . 2262 SF Lawn Sod Restoration n i~l~ ~ Dallars ~ ~~ ~~~® 207 4 1 A 1 . . . . 1 LS Removal of Obstructions ~~1 ~~U J~-r~'ti3 ~ Dollars ~~_ \UL~~ v ~~ .~~G 307 4 1 G 1 . . . . 76 SY Type uP" Surface Restoration ~ ~~~~~ ~~~~ ~~~ ~ ~~~~~ Dollars 1 307 4 1 G 2 . . . . 258 ~- SY Temporary Asphalt Restoration 1 Cam: ~~~~+~ ~ ~'~ ~ . ~~ \ c5~ Dollars ` B!D SCHEDULE ~ ~ BD-1 OF 3 Item No. Estimated Unit Item Description Unit Bid Item Quantity (With Unit Price Written in Words) Price Total Bid 307.4.1.H.1 456 SY Full Width Asphalt Restoration Dollars 401.4.1.A.1 743 LF 12", C900, Class 150, DR 18 PVC Water Main With Fittings ~ .c~~ ~f.S'~'y j t~l © ~ ~~J r ~ ~~ ~` ~ ~ ~ ~~ ~ , A !1 /1 A A A A Dollars TV~•T• ~ •~• ~ v CH ~ ~ mate valve ~5~1 ~ i N,d N D ~ IVY S~'~ ~ ~ ~~0"' `N~1v ®~t~ Dollars , . 403.4.1.A.1 1 EA Fire Hydrant Assembly w/ 6" Gate Valve Dollars 404.4.1.A.1 1 EA Hot Tap Existing Water Main i 'y.1r> ~HU~~~~ "~ ~ ~'~~ ~'~ Dollars 706.4.1.A.4 30 LF - Replace Concrete Curb & Gutter ~`rJ~~~`? 5~v'~.V~ ~~`` ~I®Go Dollars 706.4.1.G.1 12 SY Replace Concrete S l ~~~ 'S E-:V ~ ~ ~~ ~ ~.~ A c~c. ` Dollars C~-~ ~ 1103.4.1.A.1 1 LS Construction Traffic Control . ~ i Hv~S~i~cJ{=~ t='t ~0 ¢~ u~ ~~~~' ~~~c ~UN~~.F:C.~ Dollars ., t BID SCHEDULE BD-2 OF 3 Item No. Estimated Unit Item Description Unit Bid Item Quantity (With Unit Price Written in Words) Price Total Bid 1103.4.1.H.1 40 HR Traffic Control Flaggers l tit rr ~I'1 `-~ ~(~`"~ ~~r•,r-~G~ Dollars 2070.4.1.A.1 48 SF Replace: Brick Pavers ~ ~~ 1c~G~ ~~O°~ - Dollars Total of Bid Schedule ~ ,' -~, Respectfully Submitted: -Signature Name (printed or typed)- ~~.~ s Title (printed or typed) - ~ ~~ - \-~~ 05 By: ~R~~~~~~~R ~;~5: ~~c. Name of Company \5~. ZD ~ ~"1 \~ f Address ~~~~ ~ a~~a ~ ~ ~ License Number Date Seal BID SCHEDULE BD-3 OF 3 i Page 1 of 1 Sharon Smith From: Will Berg Sent: Tuesday, December 20, 2005 8:33 AM To: Tara Green; Sharon Smith ~ ~ 1 V' ~j Subject: FW: Eagle Road Water Main -184 to Franklin Road Attachments: Bid Tab.xls DEG 2 0 2005 #T"Y OF MERI®IAIV CIT1~ CLERK OFFICE From: Len Grady Sent: Tuesday, December 20, 2005 8:07 AM To: Tammy de Weerd; ' (Charles.Rountree@itd.idaho.gov)' Cc: 'Will Berg (bergw@meridiancity.org)'; Bill Nary Subject: FW: Eagle Road Water Main - I84 to Franklin Road If possibly, I would like to add a short Department Report to the agenda for approval of award to Irminger Construction for installation of waterline at St. Lukes. See the attached bid schedule. Thanks Len From: Max Jensen Sent: Monday, December 19, 2005 4:42 PM To: Len Grady Subject: Eagle Road Water Main - I84 to Franklin Road Len Here is the bid tabulation for the Eagle Road Water Main -184 to Franklin Road project 12/20/2005 ~"' Z cW G W 0 Z ~Y W F N ~ ~ ~ H °-~ Q ' ~ ~ Q O~ Z ~ oa F. w m H D m 0 0 N d' m~ a d ~°o O ~~ o ~_ 'O m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M U ~ J O M Oi ~~~ d- 0 0 0 0 0 0 0 0 ~O M O~ N M o0 O O O h N h O GO 69 6R 9 R ~ ^ N ~t 6 6 7 [ M l~ h o0 h ~ N C ~-- . -i 6R Nf/i 69 b9 ~ ~ 69 b9 6A 6R ~ :p U ~ O o 0 0 0 0 0 0 0 0 0 0 0 O 69 h 'C CO ~ O O O O O O O O O O O O N~~ 00 00 O O O V1 0 0 0 0 44 M ~} N M 00 h O O ~O h N V3 V3 69 ER V V ~ V ,r ~ 1 O ; !A Q\ 69 !ff ` j 69 ~ 64 ~ 69 (j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OOOOOOOOOOOOOO O O C M~~~ ~' 0 0 0 0 CO h O V l~ C .~ ~ O O M 00 ~O M l~ ~O ~ ~ ~ h l ^ p ~--' Ef3 64 ^-' 69 69 ~ 6~R ~ ~ ~ 6 9 ~ 69 69 N U ~ 69 49 _ 69 y C O~ O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 'C l~ O~ o O ~ 0o O O O ~ h h M ~ d N }, _ ~ ~' ~ 00 ~--~ N M~ M M O EH 69 69 69 l~ M l~ 69 69 (~ (H 6H ~ 6R 69 6rM4 ~ O U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O C N O O~ cV ~O 0 0 0 0 tt O O C ~O O ~O l~ O~ O O O 0 0 0 00 N C f0 O O h. O ~ ~} ~ O O O ao 00 h o0 t} N O N~ h M 01 ~ N~~ N ~~ a\ 00 'U ~-- b9 ~ 69 b9 ff3 hff3 69 6A 6R b9 O~ 69 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 'C O V~ 00 N' N 0 0 0 l~ l~ 0 0 O ~ d N +,,, ^ 69 O M l~ O O O N ~O O N O b9 69 69 59 V~ O O 6R b9 h 69 69 C ~C ~ 0 ~ N N vj vj dg yg ss~ ~ ~a~v~",v~i~r~ww~v~,a~vi .-. r N ~ r ~ .~ .-i ~ ~ ^-~ 7 E ~ V N ~~ W a .~ w 3 .~ ~ ; 3 > ~ 0 o~~a ~~ ~ ~~ ~•-~xx~ ~3~ 0 t~~> 0 ~ ~ ' _ w •C U i~ ~ ~ ~~' Q ~U'~ .~ q q q !] v b O~ ,~ C O O O q "~+' ~ ,~ k7 U U '~ ~ W E ~ °a p$,3U~x''F a ~~ °~°'' 0 q w o gi' gi' o ~ G w~~ w ~' ~ ' . o F E -~ x w a U H w Z x¢~?~?x¢a¢aa~?axa ~a~ o E ~~~:~~~:~~:~:~~: w ~ [~ n r [~ N M 'at ~ b M M C I - _ 0 0 0 0 0 0 0 0 0 0 0~~ ~ • • December 1 b, 2005 FP 05-074 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT Ada County ITEM NO. 8 REQUEST Request for Final Plat approval of 3 building lots and 1 common area lot on 12.01 acres in an I-L zone for Weed and Pest Control Campus Subdivision -south side of East Pine Avenue and west of Locust Grove 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 Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See artlached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. December 1 b, 2005 MERIDIAN CITY COUNCIL MEETING December 20, 2005 CPA 05-003 APPLICANT ITEM NO. 9 REQUEST Request for a Comprehensive Plan Map Amendment to amend the text of the Comprehensive Plan to add design guidelines for the Urban Renewal District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached See attached Staff Comments OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • December 16, 2005 ~ AZ 05-047 MERIDIAN CITY COUNCIL MEETING December 20, 2005 APPLICANT M&H Development, LLC ITEM NO. lO REQUEST Ordinance -Request for Annexation and Zoning of 13.556 acres from RUT to R$ zone for Milford Creek Subdivision No. 2 -south of East McMillan Road and west of North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See alfached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. r ADA COUNTY RECORDER J. DAVID 0 AMdUNT .00 BdISE IDAH012/23105 11:OS AM j ! 1 RECORDEDQ R~QUESi OF ~~~ ~~~IIIIIIIIIIIIItIIIilill~~~i ~~ ~~~ Meridian City i ~519~55'Q CITY OF MERIDIAN ORDINANCE NO. l! J~ `" 1 Z~ ~~ BY THE CITY COUNCIL: BIRD, DONNELL, RQUNTREE, WARDLE AN ORDINANCE (AZ-OS-047 MILFORD CREEK SUBDIVISION N0.2} FOR ANNEXATION OF PROPERTY LOCATED IN THE SE '/ OF THE NE '/ OF SECTION 32, TO'V6rNSHIP 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 (RDA COUNTS TO R-8 (MEDIUM DENSITY RESIDENTIAL) l[N 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 SY 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 TIIE 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: 1V.1 & H Development, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County} to R-8 (Medium Density Residential) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the Taws 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 Taws of the State of Idaho, and the Ordinances of the City of Meridian to aiuiex and re-zone said property. ANNEXATION OF AZ-QS-047 MILFORD CREEK SUBDIVISION N0.2 Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official rrtaps depicting the boundaries and the zotung 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 {14) 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 (I} 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 OUNCIL OF THE CITY OF MERIDIAN, ~. IDAHO, this ,~~ ~ day of C~ <~ ~t~ 2405. APPROVED B E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~~ day of ~ ~' ~~ ~ '~ ~ 2005. ,,, ATTE T: ~~m°~~~~ ~~ `~,°f~%~~~G ' Cd~jCow~tc~.~ ~r~J~ m t 'm WILLIAM G. BERG, JR., CI C~!~`'`~'. t~ ~ ,~, '6, Aq ANNEXATION OF A~05-047 MILFOR,D,~~' t~~"SUBDIVISION NO.2 Page 2 of 3 • STATE OF IDAHO, ) } ss. County of Ada ) On this ~ day of ~~~'itiU~} 2005, before me, the undersigned, a Notary Public in and far said State, personally appeared TAMMY de WEERD ar~d WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY ofMeridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL} s e -• ~® a s s ~SrlC~len~~-' NOTARY PUBLIC FOR IDAHO RESIDING AT: 1'~`1.~ ~h~ ~.1~c/ MY COMMISSION EXPIRES: ~(( ANNEXATION OF AZ-OS-447 MII.FORD CREEK SUBDIVISION N0.2 Page 3 of 3 Legal Description ~:; ,~'. IDAHO 1950 gisewaccrrawcr St SURVEY ~~ tso GROUP Morids°.Ida1,o 63642 Phone (tog) 846.8570 . _...... ..._._.. .. _...... Fax ~j 8g4•ST99 Project Na. OS-lG4 M ~ H n~Nan~nt Augast 14, zoos A parcel of land located in file SE I!4 of tho NE U4 of Sxtioa 32, T.4N.. It.l E., B. N)., Ada Couuty, Idaho mare partlpstarly described as fol[ours: Comnrcneing at the Farst tl4coraerofsald 5ect{an 32, from which the Northeast comarofsaid Section 32 bears North 00x30 03^ fast. 2G54.30 feet: Thence Norut 00°30'03" 1Trarcc North 84°51'SG" Wort attd along the North f ine of7.elwlon Subdivision, as~same is t~oeorded is Hook 90 of Plats at 1'aga 10588, Ada trounty records, a distance of 656.05 feet to the ttEAl, POIENY' qp B~GyNNING. Thence continuing North 89°51'SG" W~ G71„35 feet to a point on the W~ litre oPthe S8 Z!4 of the NB Il4; 77tence North 00°3 ('00" Cosy 882.72 feet to the N$ l/16 comer, commas to the Southwe~ canxrofMadison lsark No. 3 Subdivision, as same is recorded In 8aok 77 of Plats afpaga 81}92, Ada County records; 7lrenco along the Soudr line of said subdivistan Soutlr 84°57' 14" Fist, 57016 feet; Thence dopatting said South lino 57°38.00"Count, 120,22 fret; ~ more ~~°30'43" West, 81048 feet w the point of Beginning. Cautatnirrg t3.SG acr ~ tl..~-. I;itR ~t it 2114` n PuEU.tL zger D.1'crry Pough, PLS Arafts;;onof tend Se~ryeporr t I 1 I ~~aalxtaHrtaadW ...... _ _._._._..~.`.. _._...,.., ......._. _._. s~ ._._ _._. 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WORKS DEP , ~ MILFORD CREEII 19UBDIV~SON' NO. 2 ~NGINEBR-NG PAOPC>SED MBRIDWN ANNEXATION ~Qj~~~m aE 1/a as s~npa s2 rav,NSrea ~ aoxa+, ~ cast. al.+. atul, aca souan lawo u0 `a'le" vlw `" ~..asl lutw.eeia 1 1 December 1 b, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. ~ ~ REQUEST Executive Session per Idaho State Code 67-2345 f 1)c 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: December 20, 2005 Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.