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2009-02-03
• ~E IFZ DIAN ~~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, February 3, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Troop #156 Meridian Greens LDS Ward (Russ Crawford) 3. Community Invocation by David Duron with Meridian First Baptist Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of January 20, 2009 City Council Special Meeting Workshop: Approve B. Resolution No. 09-650 VAC 08-008: Request to vacate the platted 12-foot wide public utilities easement lying 6-feet on both sides of the common interior lot line of Lots 42 and 43, Block 1 of Suurwina Subdivision by Theresa & Lance Eckersell - 7102 & 7080 North Spurwing Way: Approve C. License Agreement with Settler's Irrigation District for 2008 Flush Lines Construction: Approve Meridian City Council Meeting Agenda -February 3, 2009 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • D. Findings of Fact and Conclusions of Law for Approval: MCU 08-002 Request for Conditional Use Permit approval to Modify the previously approved site and building layout for Lot 4, Block 3 of Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail by Doug Tamura - 950 E. Fairview Avenue: Approve E. Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer Crossing by David D. Toland: Approve F. Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer Crossing by Ronney ~ Kathryn Keeton: Approve G. Contract for Wastewater Treatment Plant SCADA Automation Task Order No. 10003 with DC Engineering, Inc. for $75,000.00: Approve H. Contract for the Wastewater Conceptual Design for an Organic Waste Facility Task Order No. 10000 with CH2M HILL for $22,082.00: Approve I. Contract for Odor Control Study Task Order No. 10002 with CH2M HILL for $17,882.00: Approve J. Contract for Tertiary Filtration Proiect Office Engineering Services Task Order No. 10001 with CH2M HILL for $147,507.00: Approve K. Development Agreement: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC - east side of North Meridian Road, approximately'h mile of East Ustick Road: Approve L. Professional Services Aareem_ e_ nt with Refinerii, LLC for City Hall Public Art: Approve 6. Department Reports: A. Purchasing Department: 1. City Hall Punch List /Wish List: Discussed 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda -February 3, 2009 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ 8. Ordinance No. 09-1395 :Deleting In-Code References to Clerk's Office Fees: (2" Reading): Approve 9. Ordinance No. 09-1396 RZ 08-008 Request for Rezone of 12.76 acres from TN-R to TN-C for Beacon at Southridae by Eastern Washington -Idaho Synod of the ELCA -south of Overland Road, approximately 800 feet west of Linder Road: Approve 10. Ordinance No. 09-1397 Parking Ordinance (1St of 3 Readings): Approve 11. Ordinance No. 09-1398 RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC -east side of North Meridian Road, approximately '/z mile of East Ustick Road: Approve 12. Executive Session per Idaho State Code 67-2345(1)(f) - (to consider and advise its legal representatives in pending litigation); Adjourn at 8:13 PM Meridian City Council Meeting Agenda -February 3, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian Citv Council Meeting February 3, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, February 3, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Keith Watts, Ed Ankenman, Bill Johnson, Scott Colaianni, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and get this meeting going. I was going to wait for Mr. Bird, but I decided I would start and he would start moving this direction. Okay. I'd like to welcome you all here this evening. For the record, it is Tuesday, February 3rd. It's ten minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Troop No. 156. They are with the Meridian Greens LDS Ward. Les Crawford is their leader. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Young man? If I could give you some City of Meridian pins to share with your members, I would appreciate it. And thank you for joining us. Thank you for being here this evening and good luck on your merit badges. Item 3: Community Invocation by David Duron with Meridian First Baptist Church: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor David Duron. He's with Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Duron: Dear Heavenly Father, we thank you for this evening for we thank you for positioning these people in such a place of service. Father, what a privilege it is and we ask that you would give them wisdom. The things on the agenda tonight, Lord, you t~ J Meridian City Council February 3, 2009 Page 2 of 10 • know about them and we are confident that you will guide and direct and we pray that you will bless the evening, may they see profit and just the benefits of ministering and serving in this community. Thank you for this time in Jesus name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4, adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda, Item B, the resolution number will be 09-650. On the regular agenda, Item 8 is ordinance number is 09-1395. Item 9, the ordinance number is 09-1396. Item 10, the ordinance number is 09-1397. And Item 11, the ordinance number is 09-1398. And with that I move that we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as read. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 20, 2009 City Council Special Meeting Workshop: B. Resolution No. VAC 08-008: Request to vacate the platted 12-foot wide public utilities easement lying 6- feet on both sides of the common interior lot line of Lots 42 and 43, Block 1 of Spurwing Subdivision by Theresa & Lance Eckersell - 7102 & 7080 North Spurwing Way: C. License Agreement with Settler's Irrigation District for 2008 Flush Lines Construction: D. Findings of Fact and Conclusions of Law for Approval: MCU 08-002 Request for Conditional Use Permit approval to Modify the previously approved site and building layout for Lot 4, Block 3 of Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail by Doug Tamura - 950 E. Fairview Avenue: Meridian Ciiy Council February 3, 2009 Page 3 of 10 E. Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer Crossing by David D. Toland: F. Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer Crossing by Ronney 8< Kathryn Keeton: G. Contract for Wastewater Treatment Plant SCADA Automation Task Order No. 10003 with DC Engineering, Inc. for $75,000.00: H. Contract for the Wastewater Conceptual Design for an Organic Waste Facility Task Order No. 10000 with CH2M HILL for $22,082.00: I. Contract for Odor Control Study Task Order No. 10002 with CH2M HILL for $17,882.00: J. Contract for Tertiary Filtration Proiect Office Engineering Services Task Order No. 10001 with CH2M HILL for $147,507.00: K. Development Agreement: RZ 08-007 Request for Rezone of 5.91 acres from R-8 to R-15 zone for Windham Place by Eagle Spring Investments, LLC - east side of North Meridian Road, approximately'/2 mile of East Ustick Road: L. Professional Services Agreement with Refinerii, LLC for City Hall Public Art: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item 5-B is resolution number 09-650. And I move that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. • Meridian City Council February 3, 2009 Page 4 of 10 • Rountree: Does the Consent Agenda, Item D, reflect the -- this afternoon's change in that Finding of Fact? Are they one and the same? Holman: Madam Mayor, Members of the Council, Councilman Rountree, those -- the modification came in late this afternoon, so we printed those and put those in front of you. Rountree: And that is Item D? Bird: That's the rebuttals. Rountree: Okay. Thank you. De Weerd: Okay. Any other clarification needed? Rountree: I have none. De Weerd: I appreciate your question. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Purchasing Department: 1. City Hall Punch List /Wish List De Weerd: Okay. Our next item is our department reports. We have our Purchasing Department. Keith. Watts: Good evening, Madam Mayor and Council. I'd first like to say how nice you guys look tonight. Rountree: You better. Bird: You bet. Watts: I have handed out to each of you the punch list results .after we have had Ed Ankenman and Eric Jensen go through and review for completeness and acceptability of all items that were on the punch list. We are at a point at this -- right now -- I have met with Gene with Petra and they have agreed to complete these items. We just finished putting this together today, so I haven't got it back to him to get a date when • • Meridian City Council February 3, 2009 Page 5 of 10 they will have these items complete, but we will be sending these to him in the morning. He did inform me that they are actually going to put a different new person on the punch list now and I forget that person's name and I'll get that information and get that out to each of you. And Ed's here as well this evening to answer any questions you might have. The open areas is about 60 some odd pages long and I do have a copy. I made one copy.' I didn't want to make a copy for each of you on that, but we can pass that around a little bit later this evening. And there is not as many items on there, but it is available for discussion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Keith, I'm not going to go through every one of these, I just want to make sure -- is there an item on the final interior punch list for either cleaning or putting a surface in the stair wells? Watts: There is not. That is -- that will be one of our additional items. Rountree: Okay. Watts: I apologize. I do have a list of additional items and I did not print that out for each of you. I will get that printed out and hand that out to you immediately following this meeting. De Weerd: Okay. And so this is the punch list, not to be confused with the warranty list, and further lists that you will get on what wasn't on the punch list or the warranty list that might have been overlooked. Watts: That is correct, Madam Mayor. De Weerd: So -- and that will come back when? Watts: The warranty list you -- the other list that you were speaking of? De Weerd: Uh-huh. Watts: I will have that to you right after this meeting. De Weerd: And, then, the other list -- Watts: Which is? De Weerd: Which is -- Watts: The open area? Meridian City Council February 3, 2009 Page 6 of 10 De Weerd: No. The list that has been put together that our things that are not warranty, but were overlooked. Watts: Yes. We have that list as well. De Weerd: Okay. Watts: I will distribute that to you this evening. De Weerd: Okay. So, that is the other list I referred to? Watts: Correct. Thank you. De Weerd: Very good. Okay. Council, any other questions or comments? Bird: I just want to see those completed dates. De Weerd: He just mumbled. He would just like to see it completed. Watts: I will actually -- when I send these in the morning to Petra, I will require them to put a completion date of when they will have that back and I will ask them to have those dates to me tomorrow evening. De Weerd: That's what Mr. Bird said as well. If you need any backup, the Mayor said it, too. Watts: Okay. De Weerd: Okay. Rountree: I'll second that. De Weerd: All the Council said it. Okay. If there is nothing further, thank you, Keith, and Ed. We appreciate your help with this. Watts: Yeah. I want to thank Ed and Eric. They have worked hard and quickly to review this and get this done in a timely manner. It appears that we have very adequate staff to get things done. We have taken the initiative to get some of these items done that were -- that may not have been completed that are now completed on our own. Ed and Eric have actually made contact to try to speed things up to get things done. It seems to be taking too long, so we are trying to just get our building finished. De Weerd: Well, I'm sure Ed and Eric would like to get back to their real jobs and you, too. • Meridian City Council February 3, 2009 Page 7 of 10 Watts: Yeah. I am anxiously awaiting that. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Well, thanks again. Okay. There were no items moved from the Consent Agenda. Item 8: Ordinance No. 09-1395 :Deleting In-Code References to Clerk's Office Fees: (2" Reading) De Weerd: So, we will move into our regular agenda. I'll ask Madam Clerk to, please, read the ordinance number 09-1395 for the second reading. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1395, an ordinance of the City of Meridian amending Title 3, Chapter 1, Meridian City Code, regarding fees for investigations of license or permit applicants. Amending Title 3, Chapter 2, Meridian City Code, regarding application fees for beer, wine, and liquor licenses and the transfer thereof. Amending Title 3, Chapter 4, Meridian City Code, regarding application fees for mobile sales unit licenses, temporary use permits, and citizen use permits. Amending Title 3, Chapter 5, Meridian City Code, regarding application fees for pawn broker licenses. Amending Title 3, Chapter 6, Meridian City Code, regarding application fees from massage establishments and massage licenses. Amending Title 3, Chapter 8, Meridian City Code, regarding application fees for private patrol service, private security service, and private patrol agent licenses. Amending Title 5, Chapter 4, Meridian City Code, regarding application fees for retail sales of non- aerial common fireworks permits and public fireworks display permits. Amending Title 6, Chapter 2, Meridian City Code, regarding dog licenses and lost dog tag fees and providing an effective date. De Weerd: Thank you. Okay. That was the second reading of the ordinance regarding the clerk's office fees. We will have it on next week's agenda for action. Item 9: Ordinance No. RZ 08-008 Request for Rezone of 12.76 acres from TN-R to TN-C for Beacon at Southridae by Eastern Washington -Idaho Synod of the ELCA -south of Overland Road, approximately 800 feet west of Linder Road: Item 10: Ordinance No. Readings): Item 11: Ordinance No. of 5.91 acres from R-8 to Investments, LLC -east mile of East Ustick Road: Parking Ordinance (1~ of 3 RZ 08-007 Request for Rezone R-15 zone for Windham Place by Eagle Spring side of North Meridian Road, approximately %2 • Meridian City Council February 3, 2009 Page 8 of 10 C~ De Weerd: Okay. Item No. 9, 10 and 11 are ordinances 09-1396, 09-1397, and 09- 1398. Madam Clerk, I will ask you to read these three ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 09-1396, an ordinance RZ 08-008, Beacon at Southridge, for annexation for a tract of land situated in a portion of the north one half of the northeast one quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from TN-R, Traditional Neighborhood Residential District, to TN-C, Traditional Neighborhood Center District, 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 rules and providing an effective date. Holman: This is the first reading of the City of Meridian ordinance number 09-1397. An ordinance of the City of Meridian amending Title 6, Chapter 1, Section 6, Meridian City Code, regarding code enforcement division authority. Amending Title 7, Chapter 2, Meridian City Code regarding parking regulations and providing an effective date. Holman: City of Meridian ordinance number 09-1398. An ordinance RZ 08-007, Windham Place for annexation of a tract of land being a portion of land accepting Lots 1 and 16 and Block 1 thereof, as same is recorded in Book 98 of Plats at page 12462, Ada County Records, located in Government Lot 6 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-8, Medium Density Residential District, to R-15, Medium High Density Residential District, 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 rules and providing an effective date. Holman: Thank you. You have heard. these ordinances read by title only. If there is anyone in our public who would like any of these three read in their entirety, please, let us know. Seeing none, we appreciate that. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. • Meridian City Council February 3, 2009 Page 9 of 10 Bird: I'd move that we approve Ordinance 09-1396. and 09-1398, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve Items 9 and 11, with Item 10 set for the second reading next week. Any discussion? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Just a question for Mr. Nary on the rationale for the three readings on the parking ordinance. It's only been with us for the better part of three years. Nary: Madam Mayor, Members of the Council, Council Member Rountree, what we have done -- and we can certainly accelerate it next week. What we have done in the last few criminal types ordinances we have passed is we have had it on for one reading in case there was any other feedback or input to it and, then, the next week we brought it back for a second and third and passed it then. Rountree: Very good. De Weerd: Okay. Rountree: Thank you. De Weerd: Okay. The motion is to approve Item 9 and 11. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation); De Weerd: Okay. Item 12 is an Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho Code 67-2345(1)(f). • • Meridian City Council February 3, 2009 Page 10 of 10 Rountree: Second. De Weerd: I have a motion and a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: I move we come out of Executive Session. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT $:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ ~1 (2.- -~~RMAYOR TAMMY De WEERD oa il-I , c~~ DATE APPROVED ~~`'""~~~~~""'''~~ ,,~~ 'qy ~~-, ~~ C1' ~,o~'~a rya ~: ATTEST: - _ JAYCEE L. HOLMAN, CITY CLE ~ ~,~ ': 9~ GsT ts~ • ~o~.~~ January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of January 20, 2009 City Council Special Meeting Workshop AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetings shall become property of the City of Meridian. • January 30, 2009 VAC 0&008 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT Theresa & Lance Eckersell ITEM NO. 5-B REQUEST Resolution -Request to vacate the platted 12-foot wide public utilities easement lying 6-feet on both sides of the common interior lot line of Lots 42 and 43 Block 1 of Sputwing Subdivision - 7102 8~ 7080 N. Spurwing Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Reso{uHon r ~~~ ~ ~,~ ~q,lo Contacted: • Phone: Date: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • AQA COUNTY RECORQER J~11Q NAVARRO AMOUNT .00 ~ BOISE IDAHO 02106/09 12: QEPUTY Vicld Allen II I I I II II I II I II I' II II I I III (I II I II I lil RECORQED -REQUEST OF i ~~~ i ~ 1 ~'~ Meridian C1ty CITY OF MERIDIAN RESOLUTION NO. ~ ~ L11 ~C7 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A 12-FOOT PUBLIC UTILITY EASEMENT LYING IN LOTS 42 AND 43 OF BLOCK 1 OF SPURWING SUBIDIVISION, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN THE BOOK OF PLATS AT PAGES 7104 THROUGH 7108 LYING IN THE SW'/4 OF SECTION 23, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 13, 2009 the City Council of Meridian, held a hearing on the 12-foot public utility easement vacation lying in Lots 42 and 43 of Block 1 of Spurwing Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book of Plats at pages 7104 through 71081ying in the SW '/4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 12-foot public utility easement lying in Lots 42 and 43 of Block 1 of Spurwing Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book of Plats at pages 7104 through 71081ying in the SW '/a of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit «A~, VACATION OF PUBLIC UTILITIES, DRAINAGE AND IRRIGATION FOR SPURWING SUBDIVISION - VAC 08-008 Page I of 2 • • Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY TH~ CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDLAN, IDAHO, this day of , 2009. /G~~ MAYOR de WEERD 111111111111111f1(///j,'/ ATTEST: ,.~`~~~°~ ~ M~~i9,y'%/'. ~~,TFO JAY L. HOLMAN, CI'T'Y L,~ L ~, 1 /,l (11111111 11111111`, STATE OF IDAHO, ) ~ ss County of Ada ) 1''~ On this ~ day of e,~t'L~GI~ , 2009, before me, the undersigned, a Notary Public in and for said State, person lly appeared TAMMY de WEERD and JAYCEE L. HOLMAN, 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 official seal the day and year first above writ ~~.s.~~ •' M. ¢'•• (SEAL) ~ ~~ ~ '~~;•'~~`~ • ~ ~ o • '~ d +~' ~, •~, '•9j~1~ -~,~• • Off` ~ • ~~~~ITir-r*• VACATION OF - VAC 08-008 hereunto set my hand and affixed my RESIDING AT: ~ MY COMMISSION DRAINAGE AND IRRIGATION FOR SPURWING SUBDIVISION Page 2 of 2 Legal Description and Exlu'bit Map of Easement Proposed to be Vacated 5~~1~~Y'~:N~ t2~f ~~ r~x ~ ~~ P~iet~t: i~©.: 3'234 Date: Na~rnt~r ~. DE~CRIPTq~1p~~((tl~F~fiR t~~L.>A • •~~I• r 92' PUBLIC tI17L17Y EASt~E.M'f wAS~TiQN A 92~faot Public Utility easement ~9 in Lots 42 a~i 43 of ~adc 9 0l` Spuruulrog. Sui~ivis~n, are 111 #~ rdsnEird In the t~ t3~ Asia C~~r. Rer~rt#~r; tom, ldahcr in !~ of Platy at p 71t)4 thrctogh 718 lying in tha ~SW 10+4 s~ ~Septfon 23, T.4tU, ~.1W., e.~;,. Sri, ca~,r~yy, l~l,Q nee (~rtidtateriy r~ai ~>~: 8~ii~lfi~#~ at an ifun pin matg the Sst~ra~t catrer of aa~l. Ls~t 42; thE~ttoe alat~ .tha South bait .af said Let 42 Soruth t~~4~29" Wit t3.0A #t to .a palms, t [~~ng ~aisi sow ~ry slang a tine B.Dti fiat Wit of and parasal with:tt~ (cwuny »f ~lRii Lti# 4~ N,a~t t1t~11`32" West 317.74 fit t~, a paint on etatve on tha :Nsiith tiaunrr~ c># saisi Ldt ~~ thens•.e slang sari North ~Y of !~ 42~ arei i+loftii t~,tnsiaiy of tptfd Lflt A3 along tMe arc of a caarrve !o tine tart 13.011 ~~id~aurve having a resit~s.s~ 7~.~ feat, a. csn#tai angle of t>D°'S2'33" and a long c4tard North S9°15bq" East 12.E fi~ to a pctint:af-~ of cnrrve.#Frens:e tsar t Nattli bcunttsry along a tMa 6.tlq fed East ,af araAt paratlol + the Wei ~ninolary s~~ satd Led 43 South t}0°11`3;2° East 3'1T:85 feat to a paint on the South l~uns~y st# said Lot 4~~ them aEia .sail Souk tnoomd~y Sau#i ~'4t~'28" West e,Qtl #aet tv the t~O1NT ~ BEGINI~twtt3. ~ ~`+ 4 '. ~~'~ ~ /~ :~iV (i j1I'W'E F@ ~'... ~~a~Y S r §b § • o.n ~' ~ $ ~y Jba ~ u ~~ ~` ~~ ~ ~ "~., _ PUBLIC UTt1.iTi~ ~~~A4ENT VACATION EXMIBFT `.` ~ ~ e,` ~~~ pHyy~~ , _ _ _; ~O.R StsURWIMG SUBD~VfSIQN ,. C~eu ;.ats a2-~ ELK w ~ t>gV6 d9 R~ ~ t a ~ ~ ~s ~~ b' ~ ~~ 33 3.3 5~ 89.48'Z6' 11._~.t 2.00' 31 ! _4, 30 1734-dac-E+4.~t 1D • 31-D8 D@: S5' 90 .dSorgo ~ ~ '"- ..- ~ " ,, _ __--- _ a9 ra• ~uDUC urprrr E+d&EA&Ni t0 ~ aacsrec n ~ ~ ~ ~ n C 90 IQQ 200 4 ~ s w ~43 44 SCRt,E IN F[:fT 42 ~ ~ $6 z ur J~9~'~,k l ~'~ Y1~ "~ 1 ,,'~F`•'1 . i..6v ,.. .*. ~ti~?;y. • January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. S-C REQUEST License Agreement with Settler's Irrigation District for 2008 Flush Lines Construction AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ oa a o ~. ~o ~ o sour sr.oo 9g ~o~s~ ~oaa~ ° a~®--~~auESro~ III~;~~ V I I I II I lltoma8 1@'90~5~SCa RECOIi"DIIVCi REQUESTED BYAND 63'HENRECORflED RETURN TO: Moffatt,. Thomas, Barren Ruck & Fields, Chartered dal S. Capitad Boudevare~ l Dth Floor Pnst fJf~ce Bax 829 $oise, Idaho 83704-0829 (Space Above For Recorder's Use) LICENSE .c~G NT FOR C (~if+' 1VIE PST LE WATEflt DISC GEL O ST+ T 1~S lYOT~S D+ CAN1~lL This License Agreement for City Of Meridian Potable Water Discharge Line Into Settlers. Northside Canal {the "Agreement") is entered into and made effective this day of 20(39, by and between SETTLERS I CATION nISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is Post Office Box 7571, Boise,. Idaho 83'707,. and CTTY of DIAN, a municipal corporation organised and existing; under and by virtue of the laws ofthe State of Idaho, whose. address is 33 East Broadway Avenue, Meridian, Idaho 83642. J[IEF I~NS• In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: (~.) "City" refers to Ci1'Y tiF MERILlIAN, a municipal corporation organised and existing under and ~y virtue of the laws of the State of Idaho. {li) "Settlers" refers to SETTLERS i GATI®N DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho. (c) "Property" refers to the real property situated within Lot 7 Block 12 of Cobblefield grossing Subdivision. No. 2, according to the official plat LICENSE AiGREEME1vT F®I~ CITY 6~F ME IAN POTABLE WATER DISCIiARGE LINE INTO SETTLERS NORTFISHDE CANAL.- 2 iztss.c~ cxs~ts.z • • '~JHEREAS, Settlers desires to grant the license to City for the purposes of constructing, owning, operating, and maintaining the six inch (6") potable water discharge pipeline; IVOW, THEREFORE, in consideration of the mutual benefits to be received by Settlers and City, and other good and valuable consideration, which consideration is hereby acknov~ledged by the parties,. and the promises, covenants, agreements, and conditions hereinafter set forth, -the parties agree with one another as follows: AGREEIVIENTS• Grant of License. Settlers- hereby grants to City a license (the "license") for the purposes of constructing, owning, operating, and maintaining a six inch (b") potable water discharge pipeline, which pipeline will originate at its connection to a six inch (6") water main pipeline owned, operated and maintained by the City and located on the Property, and will. continue until it reaches the Settlers Northside Canal; provided, such discharge pipeline is constructed in accordance with the terms and conditions of the Agreement and as depicted in the plans, maps, drawings and notes set forth as Exlu"bit B. It is ac~owledged and agreed by the parties that said discharge pipeline shall only convey potable water discharged from the City's six inch (6") water main pipeline. Ira the event that the potable water flaws are commingled with any stormwater discharges or other urban runoff, Seaters shall.. Dave the right to restrict or completely shut-o#f all. discharge flows. It is further acknowledged and agreed by the parties that the City shall :provide Settlers with written. notice at least forty-eight (48) hours prior to discharging potable water from its six inch (6") water main pipeline into the Settlers Northside Canal and such discharges shall be limited to the irrigation season only, between April l and October 15 of each year. Such LICENSE AGRE~M]ENT FOIE CTTY OF ME IAN PUTABLE WATER DISC. GE LINE INTO SETTLEILS tY{?RTHSIDE CANAL - 3 22i55.l~D cnent1ts.a • 4. Installation and inspection. City, fallowing execution of this Agreement by the parties,. recording of this Agreement with the County Recorder, and subject to the. time limitations set forth herein, may commence the consttuction contemplated under this Agreement and as described in the plans, maps, drawings, and notes set forth as Exhibit I3. City, or its agents or contractors, -shah perform all work contemplated by the terms of this Agreement in a. workmanlike manner. City agrees to assume all respons,'bility, including general liability and costs for the construction. CTnless otherwise set forth. in this Agreement,, any construction or other activities by City which may impede or impair the flaw of water through the Settlers Northside Canal may only be performed during the non-irrigation season, which is usually between November 1 and March 15. -City expressly acknowledges that, notwithstanding City°s assumption of certain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of its facilities, including the Settlers Northside Canal. 5. Warranties. The plans, maps, drawings, and Hates listed. in Exhibit B must be approved in writing by Settlers prior to commencement of any construction which will impact Settlers' facilities, including the Settlers. Northsde Canal. City hereby represents and warrants that the construction contemplated hereunder will be free of defects lit material and workmanship. City agrees to replace any portions of the improvements impacting the Settlers Northside Canal which fail due to defects in material, wo ship, or improper installation for a period of two (2) years from the date of final inspection of the construction by Settlers. 6. Recoex~ition of Existing Easement for-the Settlers Northside C~-nal. City hereby recognizes an existing easement for the Settlers Northside Canal comprising a total width of ftfly feet (50') as identified on the Plat of Cobblefield Crossing Subdivision No. 2, recorded LiCIENSE AGUE FOR CITY (}F IYtE IAi~F ~U7CA~iL~ WATER DISCfl~A1tGE L1INE IN7'® SET'TLE~S NORTHSIDE CANAL - 5 aatss.6o cne~~oss~~a:z • • 9. Indemnity. City agrees. to protect,. defend, indemnify,. and hold Settlers. and its officers, directors, employees, members, and agents harmless from and against any and all.liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs andattorney fees,. arising from or out of any acts or omissions of City, its agents or contractors, .related to or in connection with {a) its use of Settlers' facilities atidlor systems;. (b) use of the easements of Settlers; (~) any activity under this Agreernenf; and (d) tl~e exercise of any privileges or perfanrnance of any obligations by City hereunder. Furthermore, City agrees to protect, indemnify,. and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and alI liability, suits, losses, damages, claims, actions; costs,. and expenses of any nature, including court costs and attorney fees, arising from or out of wafer quality violations, flooding, or any interruption or interference with the flow of water in the Settlers Northside Canal .caused by any act or omission of City, its agents, or contractors. . 10. No Liens. City shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of City, its agents, or contractors, to attach to the Settlers Northside Canal, or to any adjacent lands held by Settlers. 11. Permits. City represents that it has obtained all permits, licenses, and aclQaowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, City shall deliver to counsel for Battlers a copy of {l} a Clean. Water .Act Section 4Q4 Permit or non jurisdictional determination (waiver) from the United States Army Corps of Engineers and {2} a water quality certification issued by the Idaho Department of Environmental Quality, prior to commencement of construction impacting Settlers' facilities, including the Settlers Northside Canal. The parties. hereby recognize and agree that this ~.YC~NSE ACR~EM~NT FUR GCrY OF M~BtI®IAN ~'UTABLE WATER t,?ISCI$ARCE LINE INTO SETTLERS NURTASII3E CANAL - 7 22155.l~ Cfienk1988318,2 16. Severability. If any part of this Agreement is-held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible: 17. No Waiver. The failure. of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall nat constitute a waiver of any provision of this Agreement or limit such party's-right to enforce any provision or exercise any right. 18. Interpretation. The validity, meaning,. and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 19. Rersresentations anal Warranties. {a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the. laws afihe State of Idaho; {ii) it has the capacity to enter into and perform. its obligations nttder this Agreement; (iii). all organizational and other actions required to authorize Settlers to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. (b) Cam. City represents and warrants that: {i) it is a municipal corporation organized and existing. under and by virtue of the laws of the State of Naha; {ii) it.has the capacity to enter into and perform its obligations under this Agreement; {iii) all actions required to authorize City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properlyexecuted and delivered by City and is valid andbinding upon City in accordance with its terms; and {v) it has obtained all permits, licenses, and aclmowiedgments required. to conduct the activities to be performed under the terms of the Agreement. LICENSE AGREEMENT FOR CITY OF MERIDIAN FUTABLE WATER DISCHARGE LiiliE INTO SETTLERS N®RTHSIDE CANAL - 9 22tss.6o r~~oea3as.2 • IN WITNESS WHEREQF, the parties hereto have executed this Agreement the date first set forth above. CITY oI! Attest: ity Clerk _ Attest: ~~~y~1~iili+firlPly! :,e"'~, `71~'~~' - .._.,.e,.,._-- Vicki Keen, Secretary --. ~;.~.,` (written name) ?~.e C.1..o~ IRRIGATION DISTRICT By ' °~°~~ Tom Davis, President of its hoard of Directors LICENSE AGREEMENT ~'OR CITY OF MERLDIAN POTABLE WATER DISC GE LINE INTO SETTLERS NORTHSIDE CANAL - I1 zaiss.~ c~,ntt~ea~~a.a STA'TI: COIF IDAHC} ss. County of R.da 4n this day of ~ ,~.~.,, 2009,, before me, the undersigned Notary Pubic in and far said state, personalty a aced VICKI KEEN tcnawn ar identified to me to be the Secretary of SETTLERS IRRIGATION QISTRICT, the person who executed the instrument an behalfof the SETTLERS I CATION DISTRICT, and acknowledged to me that SETTLERS I CATION DISTRICT executes the same. IN WlC[NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Residing at 6 - -- My Canunission Expires . ~~ LICENSE AGREEMENT FOR CITY OF IYIERIDiAN POTABLE WATER DISC GE LINE INTO SETTLERS NORT.RSIDE CANAL - l3 221S5.d(f C~errt1D88318.2 • .TIC..-I~~~ r~a~> 1N, 1~CMLla4N R I~UST,ALL ~ 1-1USNLINC PEPI~iG t~iV BALI. PER t}ETAIL ~~ NEXT SHEET. i5 1 ~ cl. ~~. wY' ~ ~ 1 ii ' ~' 3 .;j ~;~ ~:~y y^ v,*~a ~r T~: P~~~:~o~ a . , R •~ fIdST~1E~. ~~ ~' RIP RAP- PER ~ET~+,IL ~ 7 t~' E'X15TiNC . ~ t~T~~ITY EAEI~E~T ~ 4 C} b ~ A $~ GCS ~..~ ! _. ARl3tt FAR ~lM'I:'~ ~ It~~ A~~ t`: ~'1!. `~ "'~t~ 1~~' t ~ : ' t"lo~`~~A t~~t' C!'€ s° f1~ ~~ll~tattd T~ ~~ F~.4l~W~G at~ta~t~v 4? ~. C ~d2 ' ~ r ~s~~ ,~~„"~ ~ ~~ r.~ _ ,.: I.A..-~~d-r ®..~ s F~°~m: ~ T __ (dI~ ~'I~lI~C sE~ ~~r~-l~. ~a~~~r ~, ~~~:5®5 R!A ~ ~ E 1~ELL GR11DE[3 AE`,~L~R ~.r ~aaxs a ~v~c~a o~ w .~ ~~:c~r~trll ~ ~° .. av 9~: s~z~ Via} s sE a ~~. ~ax~I~u ~~~ +~. ~E ~.~xa. Ex15~nvG G~vEi YQ l "C19tIiKTSE55 ~~x~ I~IE~ R,~P SHaIl.! BE A tt~' YVI~lE 'T 4't.Pll~tZtl3 At.~J~i I•?titE1'~Pt~i. I:'~t~ ~~' W~7~ a15C ~. L SL~I~..3` ~~~ L'C ~~ I~t~ CITY IMF ~E~ k~ai~,t~ '~,t~tt ~ll~~t~i~vG ~B:~II(3~V'S A° • ~~ ~~~ To: Jaycee Holman; Tara Green From: Roxanne Holland CC: Kyle Radek Date: January 26, 2009 Re: Proposed Agenda Item for February 2 City Council Meeting The Public Works Department respectfully r~uests the following item be plaord on. the Febnaary 2 Ciiy Council agenda, under Consent Agenda, for Counal's consideration: License Agreemen# with Settlers Irririatian District: The attached License Agreement with Settlers Irrigation District is to allow the construction of a flush line that will discharge into the Settlers Northside. Canai as part of the 2008 Flush Lines Construction project approved by City Councl on January 20, 2009. Recommended Council Action: The Public Works Department recommends that City Council approves the agreement with Nampa & Meridian Irrigation District for construction and operation of flush lines at various locations and authorizes the Mayor to sign it, Thank you for your consideration. Please cxmtact me if you have any questions regarding any of these items. • Page 1 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 1 DI S. Capitol Boudevar~ 1 Dth Floor Post O,~`ice Box 829 Boise, Idaho 837D1-D829 (Space Above For Recorder's Use) LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARaGE LINE INTO SETTLERS NORTHSIDE CANAL This License Agreement for City 4f Meridian Potable Water Discharge Line Into Settlers Northside Canal {the "Agreement") is entered into and made effective this day of 2009, by and between SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEFINITIONS• In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: {a) "City" refers to CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho. {b) "Settlers" refers to SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho. {c) "Property" refers to the real property situated within Lot 7 Block 12 of Cobblefield Crossing Subdivision No. 2, according to the official plat LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DiSCAARGE LINE INTO SETTLERS NORTHSIDE CANAL -1 22155.60 CIieM:1098318.2 thereof, as depicted in Exhibit A-Vicinity Map, attached hereto and made a part hereof. (d) "Specifications" means Settlers' standard engineering drawings on file with Settlers, and the statements describing the materials, dimensions, and workmanship for the construction to which reference is made in the plans, maps, drawings, and notes listed in Exhibit B, attached hereto and made a part hereof. WITTTESSETH: WHEREAS, Settlers owns and maintains a system of canals and laterals, including the Settlers Northside Canal, also known as the Lemp Canal (hereinafter the "Settlers Northside Canal"), for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals and laterals; easements for ingress and egress; and easements for the operation, inspection, maintenance, and repair of the canals and laterals; WHEREAS, City currently possesses a public utilities, drainage, and irrigation easement across the Property, pursuant to the Plat of Cobblefield Crossing Subdivision No. 2, recorded with the Ada County Recorder on September 22, 2005, as Instrument No. 105138534; 'V~I-IEREAS, the Property is located within the boundaries of Settlers Irrigation District; WHEREAS, City desires to obtain a license from Settlers in artier to construct, own, operate, and maintain a six inch (b")potable water discharge pipeline, which pipeline will originate at its connection to a six inch (6") water main pipeline owned, operated and maintained by the City and located on the Property, and will continue until it reaches the Settlers Narthside Canal, as depicted in the plans, maps, drawings and notes set forth as Exhibit B; LICENSE AGREEMENT TOR CITY OT MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL - 2 22155.60 Cllent10983'J8.2 • WHEREAS, Settlers desires to grant the license to City for the purposes of constructing, owning, operating, and maintaining the six inch {6"} potable water discharge pipeline; NOW, THEREFORE, in consideration of the mutual benefits to be received by Settlers and City, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: AGREEMENTS: Grant of License. Settlers hereby grants to City a license (the "License") for the purposes of constructing, owning, opexating, and maintaining a six inch (b") potable water discharge pipeline, which pipeline will originate at its connection to a six inch (6") water main pipeline owned, operated and maintained by the City and located on the Property, and will continue until it reaches the Settlers Northside Canal; provided, such discharge pipeline is constructed in accordance with the terms and conditions of the Agreement and as depicted in the plans, maps, drawings and notes set forth as Exhibit B. It is acknowledged and agreed by the parties that said discharge pipeline shall only convey potable water discharged from the City's six inch (b") water main pipeline. In the event that the potable water flows are commingled with any stormwater discharges or other urban nmoff, Settlers shall have the right to restrict or completely shut-offall discharge flows. It is further acknowledged and agreed by the parties that the City shall provide Settlers with written notice at least forty-eight (48) hours prior to discharging potable water from its six inch {6") water main pipeline into the Settlers Northside Canal and such discharges shall be limited to the irrigation season only, between April l and October 15 of each year. Such LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL - 3 z21ss.6o caiem:~ose3~s.2 • • potable water discharges shall not exceed a rate of 2,000 gallons per minute for a time period not to exceed twenty (20) minutes during any given discharge event (roughly a total of four {4) cubic feet per second}. Settlers shall have the right, in its absolute and sole discretion, to refuse permission to the City upon its receipt of the City's 48-hour written notice to discharge. Settlers shall communicate such refusal to City in writing prior to expiration of City's 48-hour discharge notice. 2. Restrictions on License. Unless otherwise set forth in this Agreement, the License is subject to the restriction that no construction may begin on the Settlers Northside Canal until November 1, 2008, and must be completed prior to March 15, 2009. City expressly acknowledges and agrees that this Agreement does nat grant City the right to install any property, utilities, equipment, improvements, or other facilities, except as may be described in this Agreement, or the right to impair any rights of Settlers or others is the use of the Settlers Northside Canal. This grant of the License is expressly conditioned upon the prior receipt by City of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon Settlers' prior written approval of all drawings and plans concerning the activities to be conducted by City under this Agreement. 3. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as City is incompliance with the terms of this Agreement. Settlers may revoke the License granted hereunder should City at anytime fail to comply with the terms and conditions of this Agreement; provided, however, that Settlers delivers to City written notice of such failure and City fails to cure the lack of compliance within fifteen (15) days of delivery of such written notice. LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL - 4 22155.60 C~er~C1098318.2 • 4. Installation and Inspection. City, following execution of this Agreement by the parties, recording of this Agreement with the County Recorder, and subject to the time limitations set forth herein, may commence the construction contemplated under this Agreement and as descn`bed in the plans, maps, drawings, and notes set forth as Exln'bit B. City, or its agents or contractors, shall perform all work contemplated by the terms of this Agreement in a workmanlike manner. City agrees to assume all responsibility, including general liability and costs for the construction. Unless o#herwise set forth in this Agreement, any construction or other activities by City which may impede or impair the flow of water through the Settlers Northside Canal may only be performed during the non-irrigation season, which is usually between November 1 and March I5. City expressly acknowledges that, notwithstanding City's assurnptian of certain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of its facilities, including the Settlers Northside Canal. 5. Warranties. The plans, maps, drawings, and notes listed in Exhibit B must be approved in writing by Settlers prior to commencement of any construction which will impact Settlers' facilities, including the Settlers Northside Canal. City hereby represents and warrants that the construction contemplated hereunder will be free of defects in material and workmanship. City agrees to replace any portions of the improvements impacting the Settlers Northside Canal which fail due to defects in material, workmanship, or improper installation for a period of two (2) years from the date of final inspection of the construction by Settlers. b. Reco ng_tt'on, of. Existing Easement for the Settlers Northside Canal. City hereby recognizes an existing easement for the Settlers Northside Canal comprising a total width of fifty feet (50'} as identified on the Plat of Cobblefield Crossing Subdivision No. 2, recorded LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL - 5 22155.60 Cltent10983'18.2 • ~~ with the Ada County Recorder on September 22, 2045, as Instrument No. 1O5I38534 {the "Existing Easement"). Such Existing Easement exists for the purposes of conveying water in the Settlers Northside Canal and for ingress and egress in order to operate, repair, and maintain the Settlers Northside Canal. 7. Operation, Maintenance and Reyair of Im_,provements Imvacting_the Settlers Northside Canal. It is recognized by Settlers that maintenance, repair andlar replacement of the improvements constructed by City and which impact a Settlers facility, under the terms and conditions of this Agreement and as identified in the plans, maps, drawings, or notes set forth as Exhibit B, maybe necessary subsequent to the execution and recording of this Agreement. ]n the event that City desires to perform any maintenance, repair and/or replacement of such improvements, it acknowledges and agrees that the prior written consent of Settlers is required prior to commencement of any such maintenance, repair and/or replacement of the : improvements within the area of the Settlers Northside Canal or its corresponding Existing Easement. 8. Prohibition of Stormwater 1?ischarae Outlets into Facilities. Notwithstanding anything to the contrary contained in this Agreement or the plans, maps, drawings, and notes set forth as Exhibit 13, it is hereby acknowledged and agreed by the parties hereto that Settlers does not approve, authorize, permit, allow, or accept any stormwater discharge into any facility owned, operated, and/or maintained by Settlers, whether it be a pipe, conduit, culvert, canal, lateral, drain or other ditch. Also, City agrees to not construct, or allow the construction of, any facilities capable of conveying stormwater discharges into any facility owned, operated, and/or maintained by Settlers. LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL - 6 22f 55.60 CHent1088318.2 C~ 9. Indemni .City agrees to protect, defend, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs anal attorney fees, arising from or out of any acts or omissions of City, its agents or contractors, related to or in connection with (a) its use of Settlers' facilities and/or systems; (b) use of the easements of Settlers; (c) any activity under this Agreement; and (d) the exercise of any privileges or performance of any obligations by City hereunder. Furthermore, City agrees to protect, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or in#erference with the flow of water in the Settlers Northside Canal.caused by any act or onussion of City, its agents, or contractors. 10. No Liens. City sha11 allow no liens as a result of any labor performed or materials supplied in connection with the activities of City, its agents, or contractors, to attach to the Settlers Northside Canal, or to any adjacent lands held by Settlers. 1 i . Permits. City represents that it has obtained all permits, licenses, and aclmowledgrnents required to conduct the activities to be performed under the terms of the Agreement. Additionally, City shall deliver to counsel for Settlers a copy of (1) a Clean Water Act Section 404 Permit or non jurisdictional determination (waiver) from the United States Army Corps of Engineers and (2) a water quality certificaxion issued by the Idaho Department of Environmental Quality, prior to commencement of construction impacting Settlers' facilities, including the Settlers Northside Canal. The parties hereby recognize and agree that this LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL - 7 aztss.6o cnenttoee3~a.2 • Agreement will not be executed by Settlers and recorded until counsel for Settlers is in receipt of the appropriate documentation required under this Section. 12. Limitations on Liability/Attorney Fees. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of City, or its agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and casts, including such fees and costs on appeal. 13. Further Consideration. City recognizes that the License herein granted is for its benefit, and not for the benefit of Settlers, and, for that reason, agrees to promptly pay all engineering costs and legal expenses relating to the negotiation, preparation, and execution of this Agreement. It is expressly agreed that Settlers shall not be responsible for the payment of said costs or fees. 14. Entire A~:reement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 15. Bindin Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on alI parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. LICENSE AGREEMENT FOR CITY OF MERH)IAN POTABLE WATER DISCHARGE LIlVE INTO SETTLERS NORTHSH)E CANAL - 8 zz155.bo. cii~loea3~a.z • • 16. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 17. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 18. Intetpxetation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 19. Representations and Warranties. (a) Settlers. Settlers represents and warrants that: {i} it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; {ii) it has the capacity to enter into and perform its obligations under this Agreement; {iii) all organizational and other actions required to authorize Settlers to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. {b) Cam. City represents and warrants that: (i) it is a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize City to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by City and is valid and binding upon City in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. LICENSE AGREEMENT FQR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTASIDE CANAL - 9 22155.b0 Cllent1088318.2 20. City's Authorization of Signature. City hereby warrants that the person signing this Agreement has been authorized to da so by City. 21. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sen# by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 CITY OF MERIDIAN 33 East Broadway Avenue Meridian, Idaho 83642 Each party may change its address far delivery by written notice in the manner provided herein. 22. Recording. This Agreement shall be recorded upon execution in the office of the county recorder for each county in which any portion of the land covered by the Agreement is located. [Signature Page Follows] LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTIISIDE CANAL -10 22135.68 Gferrtt898378.2 • • IN WITNESS WHERE(?F, the parties hereto have executed this Agreement the date first set forth above. Attest: City Clerk CITY OF MERIDIAN (written name) Its By SETTLERS IRRIGATION DISTRICT Tom Davis, President of its Board of Directors By Attest: Vicki Keen, Secretary LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL - I1 zztss.6o ci~e+,t~asss~s.2 STATE OF IDAHO ) ss. County of Ada ) r~ ~. On this day of , 2009, before me, a Notary Public in and for said state, personally appeared known or identified to me to be the of CITY OF MERIDIAN, the person who executed the instrument on behalf of CITY OR MERIDIAN, and acknowledged to me that CITY of MERIDIAN, executed the same. IPJ WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO } ss. County of Ada ) On this day of , 2009, before me, the undersigned Notary Public in and for said state, personally appeared TOM DAMS known or identified to me to be the President of the Board of Directors of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of the SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSIDE CANAL -12 22155.60 Gnentiose3~s.a • • STATE OF IDAHO ) ss. County of Ada ) On this day of , 2009, before me, the undersigned Notary Public in and for said state, personally appeared VICK[ KEEN known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of the SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the SaTCIe. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires LICENSE AGREEMENT FOR CITY OF MERIDIAN POTABLE WATER DISCHARGE LINE INTO SETTLERS NORTHSiDE CANAL -13 221ss.so coerm~osa3~a.z • EXHIBIT A Vicinity Map E7~~IT A cnem:~oaea~s.a • CITY ~ MERIDU4N 2448 FLUSHING STATION AT LEMP CANAL ZACHARY WAY MCM I LAN~~RD ..... _..~ _ ... ~n.,.._.. ~ _.... .a o ,-. cr ~ w ~.,.. ... ,.,~ .r. ... ~..... __,........_.. .~ `'` ~ _. ,... w _. . ~, ~ o . w~ _ . ~...__.__ ~_...z.. - r' ~- ' -~ `~~°J STICK RD _..._... ~. ,o ,. ~. - ". r e.~~.:: ~: ....... .. ~ _ ,1 ~~ .. :; ::..'.v' .. n,: ~ ~ .., : y ~Y.. Yy ~~a v ~. ~~..s....-''-fyy. ...... ..:v~ n.. ~. ~ -;°~ ~ afar. _ _ _ .J~ . - ,. ._.. a,~ e: off', ~ „w® _ ~ t ~ -- ~,1. ` ~ ~ .~ FAi Rd 11TEW AVE ~ a i '. .% -.:.... ~.... 8 ~ ::. .~..,, -~ _ ~a~B/~Ea _.. i .r ,.,... ^_ ... : ... .: _ ._ _.. r. ~FIF .... ',. -., - .. :...::..._.,._._Q ., ,., - -__ .~~--r ,... ~~~ FRAN_KLiN ~ RD r,,, ~. _._~ . `` c~ ~_. ~. } _ ~~. 4 U' ,. '~~..~.. :t . ? ~ ,~i If~TER~~ATE=84 _ ~ _, ~ z -~. ~~~-. OVERLAND ~ RD~.:~ _, ~~,1 . .... _ ~ :~ EXHIBIT B Engineering Plans and Specifications i EXI~BIT B cn~~osaa~s~ JLfI..°I~1~- ~:~ From: To:~ pane:~~S ~i`~`YY t~F M~RiE~IAN ~tllA~'~~ NiAii'~i i'LU ~Hii~~ ~~'A~'i+C~N #~i .~ ....._.. ... .. ~'~.' w l~CMILLAN RpAO LINE BOTTOM 0~ CANAL . BETWEEN wlN~ WALLS WITH 8" THICK .~ CONCRETE ANp INSTALL lN57ALL nlEw FLUSHUNE PIPING t?N WIIVt~ t t3" HIGH CIJT(?t"F WALL wALI. PIrR DETA-L ON NEXT SHE ET. ... _ . .._._...._....__... _._._.._-..-...~... ... .:i~- ~ ~ 1 tt ': - LEMP CANAL i ;; . ~ ! ~: - - +- F} E 1r ~--... ~ ~ 3 ~ .• ~ r _ - f/t li} . ~ ;..:.....~ ; ~n U W ~ ~ s~ w_ ~ ~ ~ =1 INSTALL 3~ 5Y ~7F RIP RAP PFFt pETAIL ~ ~ t l7' CX1~ ;TING • ~ ' : E)TtLITY i EdSE~1ENT f ~~V $' j~s j,~~ q~O~ , ~ci5 .~ R ~'~'~~ 1 ,W APPROVir)~ Ft3R N ~}~, y S~r ~~ ~ ~ ~Urr ~ DA9'B ~y~i/ v ~ t} tp 2CJ tt? GO ~ # ~ , ~ 5~1~1<E: 1 "~~tJ• PR~PNtfp tit OwwER mlrttdrt:i r~v~l. ~t'32t r~' C'Q~:~t~t.TAtJT~, tits" ~:i'CY t~f M~~ ICIMN WA7~R PAAtNtJN~ F'i3d5FFlNC ~IAduN wra « BANAL ~ar Baca e. wknatawc~ ^~rnc~r 5Urrg ttl~ ~~~ ~• wn7ERTf~wER N)AlII} QN h' ~11)I ~w. STE.:>c~u iti~t:' i~ M4:MI~LAiV ROA!} 11N0 Z11CMAi2Y WAY MEitkDWN. IU gS54y , 1 , FA 8t33 "J } . ~4 p~ 1 t• U74~9 E6 gY• t:.N+ DRAWN Yr C.~H 1 t ~ {g4)$}~~-4 {2C 8) J W ? bF ? 2 SWEET LIaT , ~ fl ~N.Q G. . : ,?l~.p@4~~~08 ~:~ From: • To: P~me:~#~ s r pp! <,+~T~ ~~ lY ~~ AA~~ IER~~~AIV WATER MAIM ~LIJ ~HIiV~ ~'TATI~N AT' V'AR1~ lJ~ SITES D1~~H~1R~E TC ! f 3 L~MI~ CANAL 1'-0"x8"~ D1 SPCiCtI., F~xFI. ATTACH ~Pt~1, Tt) Tt?P OR WALT 1N/ 1" Wt6E x 1 ~" THICK STEEL STRAFE s~$" cdNc~ TE ANcHi}R I~LTS Alva ~ x6° RcDWaal~ i'O5T INS'fnLL 1 (~" STnINLESa STEEL SOR£Eld 6ldTWEEN FLnNGES Abb I"tTTih~ AS NECESSARY 6"i~ 4'~' L1~NU: h Lxa~L TO DIRECT WATER TOWARDS cONCRETI: 4.INING nNO WING wAl.l. G"P1 CAST IRON FLAP flATI: EXISTING GRC?UNCl _ ~Iri~l,~ I ~. I w.~ji"_,161 11I ~ SZ ~~ . . , HIGH wATI'~ s"~ a5 aeNa, MJxMJ WING WALL wJMEGA LUG JOINT ! RCSTRAINT (OR EDUAL) rn W#:LL -- SEE MAINLINE ~'~ ''~ DF2AIN pETAIL. THRUST 6"0 fll SPOOL LINE GAIdAL ®OT'fOl4t BLOIaK Fl~pE ( ~UT 7Q LENGTH) WITH i3" THICrt CONCRETE 6YPA~S I ~CGNWECTi(JN ,~c~10NA i ~'~ SCAL ~: NI7NE ~4~' at$T ~'~'y ~ S1RR~QAr~ ~'~ 4 '~~ I ~~- f,~ + PL+4CE REAWAt7D PAST ON TOP flF WINOi WALL AS IREQlI1RED `:.'+ ° ~" ~ ~ KEEP INVERT flF FLAP CrATE ABOVE THE TOP OF WIN G WALL. ty AI'PAOVFn ~'U I/j C's ~ ~ p4 ~' ~~'~ ~~ J. P ~ dA~rt~ "+~Q~ I I PRtiFdfi~i1 8Y 01vrltR t'RWC~fi CYVIl. $t?RVRY CONS~JLTANTS. INC: t;tTv fJt' MER IAN YdATER ~AAINi.INE I'WSPIlP1G $TATI~Jua AI laoa ~. wa'rslzTOwsra sr:t~T sour +:Fn G60 E. WATEf2TQwER MERIDIAN IDAI-IC~ STE. 200 13~6~~ VAt21. U. ~ITtaS. AikNInlMi, U! tllti4! ~Qgx.g 2p~ hLt0 . CT; 07019 l)Lal Cd1' pttAWN DY• CJp i2+l8)$A8-4312 ( ~ I f.. !-~tn~3.t)w0 T . a F`Z. 300Q 3HE ? 9F To:~ Ra~~sS~S CITY CF MERIDIAN 1111AT~R II-~AIIV FLll HIIUG ~TAT'IC~N AT' I~/ARI~ U~ SITE I I RIP RAP SHALL BE wELL GRADED ANGU#AR ~15A1T ROCKS NANO NLACEQ ON Nf3Nwf~Vi: N c~1=nr~rrll F Fa~Rlr.. av>: RAr~ DISCI`IARGE PIPING SIZE (D) SHALL BE. ~~". IIrIAXIMiUIrS SIZE SHALL BE 1.SxD. 5EE DETAIL SHEET ?. 1=XiSTING CRbt)Np I i ~ ._. ~ (~ I ~X#$TING CHANNEL •~. _ ~ ~ i ~- ~ ,I ~ ' ,; i i flF~.ll- TIIICKNCSS QZxD~ KEY RiP RAI' INTO aTREAM DANK, LINE WITH NI]Nw(WgN GEClT€XTILE FAB~ tIC I~ER I5PwC SECTION 2050 FINISH SUR FACE bF R1P RAP SHALL 8E FLUSH W#TN DANK 5URFACE. FII.I VplDS SE'TV4iEf:N RA P RAP WIrH MaTCRiaLS EXCAVa'CED FROM STREl1M BANK AFTER PLACEMENT. RIP R!~ SHALL BE A ib' WIDE STR#P CLN I CKkU ALUNG F'U f EN 17aL PATH OF ~ WaTCR DISCHARGE. _ RfP CAF? 5~,~N~,e ~, DETA#L SCALE: N 5 ~ ONE ~ tRltltigT 4°~~ 1S ~' ~~~r,.. ~ APpRt1V&E~ ~pR ~ ... ' " CUN:I7 RUGTION "~ +c~ •"~.'~ ~ ,. ~p o~~' F a~'~~'~' D~~D~' ~~y c ~- ~ ~ I I . . ri 1'itf~'dREQ 331x' ONtNEa ' t-`ttt?JS:Cf CIVIL &iTItVEY CbNSULTAI!J'I'S, IAIC LlTY t?F MERIp IAN ~d,41L1~ ~1AINLINL 1`LllS1°IiNti S1AIK?N~ 1400 C ~as~rtkvfJt 5~<PiEt MLYtlpuyj 16 836x $~d is M1A`I'Eh'`I'hWCR 1~EI71L~1l1N. I~}AI~~ N aYC 7t7C! $~~R~ AT Vri' li" S+E '' , 2 f~t?tl)~it3°4311 1 {'st?$=$~$-S~ C-13 ROyECT• &~oin 0 SIGNED ratsa LIRAWN gv r,.n+ A.E. OEtAiiS.OVS+3 DarE T FC>r~l S--ffET: ' Ar January 30, 2~9 • MCU 08-002 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT Doug Tamura ITEM NO. 5-D REQUEST Findings for Approval -- Request for CUP to modify the previously approved site 8~ building layout for Lot 4, Block 3 of Devon Park Subdivision No. 1 to reflect that which was recently constructed for Fairview Lakes Retail AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. . Page 1 of 1 Tara Green From: Sonya Wafters Sent: Tuesday, February 03, 2009 3:01 PM To: Tara Green; Machelle Hill; Jaycee Holman; Nancy Radford Cc: Anna Canning; doug Subject: Fairview Lakes Retail MCU REVISED Findings for Tonight Importance: High Attachments: Fairview Lakes Retail MCU ffcl2 REVISED.doc; Fairview Lakes Retail MCU ffcl1 REVISED.doc Please see the revised findings for tonight's Council meeting. 1 corrected condition of approval #1.1.b pertaining to the planting location of the floribunda roses, per Elroy's approval, as discussed at the meeting. Thanks, .sow~a wafters CITY OF MERIDIAN Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 2/3/2009 • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C E IDIAN In the Matter of the Request for Conditional Use Permit Modification to Amend the Site and Building Layout Approved with CUP-06-032 for the Northeast Portion of Lot 4, Block 3, of Devon Park Subdivision No. 1, by Doug Tamura. Case No(s). MCU-08-002 For the City Council Hearing Dates of: January 6, and 13, 2009 (Findings on February 3, 2009) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 13, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 Page I 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of January 13, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conditional User Permit as evidenced by having submitted the Site/Landscape Plan attached in Exhibit A.9 of the staff report dated January 13, 2009, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 13, 2009, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use nat to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 Page 2 Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 13, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 Page 3 ction of the City Council at its regular meeting held on the ~ r ~ day of 2009. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD / /D~~ Jaycee Holman, City VOTED VOTED VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. BY~ Dated: ~ / ~ ~ V City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-08-002 2 Page 4 MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 STAFF REPORT Hearing Date: January 13, 2009 (Continued from January 6, 2009) .~., E IDIAN~---- TO: Mayor & City Council 9 FROM: Sonya Wafters, Associate City Planner (208) 884-5533 SUBJECT: Fairview Lakes Retail • MCU-08-002 Conditional Use Permit modification to amend the site and building layout approved with CUP-06-032 for the northeast portion of Lot 4, Block 3, of Devon Park Subdivision No. 1, by Doug Tamura. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Doug Tamura, is requesting approval of a conditional use permit modification (MCU) to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06- 032. The proposed modification only applies to the previously mentioned retail buildings approved on the northeast portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed for the remainder of Lot 4 or Lot 3. (See Section 10, Analysis, for more information.) The subject property is located north of Fairview Avenue on the southeast comer of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. The site is currently zoned C-G. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP modification application below. Staff recommends approval of MCU-08-002 to modify the previously approved site plan and building elevations for Lot 4, Block 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on September 18. and October 16, 2008. At the public hearing on October 16.2008, they moved to approve MCU-08-002. a. Summary of Commission Public Hearing: i. In favor: Doug Tamura ii. In opposition: None iii. Commenting: Ryan McDaniel iv. Written testimony: Ryan McDaniel v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Whether or not to require additional windows to be installed on the west end of the building; ii. Whether or not to require a stucco or alternative finish on the walls of the e~sting structure• iii. Whether or not the planter should be. required to be installed per Staft s recommendation• iv. Discussion regarding the letter of testimony submitted by Ryan McDaniel; and v. The necessity for changes to plans to be approved by the City prior to construction. Fairview Lakes Retail MCU-08-002 Page 1 CTTI' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 c. Kev Commission Changes to Staff Recommendation: i. Modify condition of auproval #1.3.a to require a tex coat on the wall surfaces of the building instead of a 2-coat stucco system. ii. Strike condition of apuroval #1.3.b that required additional windows to be installed on the west building elevation. er the Commission annroyed he ubiect M aDD i ation on October 16 2008 h applic ant submitted a reaaest fnr ity ounc'1 r eview (AP-08-0071 of he o mic ion'c ' .decisio n on certain conditions of approval The oun 1 aDDroved the rennect fnr review of the c Comm ission's decision and held a new Dub is hea 'n on anaary 6 and 1_32009. At the nabLic eatin g on January 13 2009 the ounc'1 approved th e M i h iti f l a, . . ummary of Citv Co nc'1 Pub i .Hearings: w new con on o approva ~. Ln_favor: Doug Tamura ~. In opposition: None ~. Commen 'ng: Ryan McDa iel ~, Written testimnnv Rvan McDaniel y. tall presenting apD ication: onva Wafte r : Pe a Frie ma ya, ther staff Commen 'ng on aDD ication: ,t . olaia ni: oe 'lv ~ ev Issues of Discussion by Counc'l: ~. The off-site location and design of the exis aDDroved by SSC or th it b f t 'ng tra h enclo are that_was not ti e v e ore con r ~. he absence of an on- ite tra h enclo ~r t ac on: hat meet tandard lai, eauiring ad itional tree wit in h trea t buffer slop .arol treat to creep the rear of the burl ing: iy. alternative treatment for the rear of h e b ail in =other than facto or ex coat. at would give variation and interact to th e rear of the tractare that wo old be y. Clarification that the changes to the bail i ng facad a materials aDDroved with this application do not carry over to b ail in si _ n rt~r . Dha ec aDDroved ~:~ h .UP-06- ~ 32: anew CLIP app ication will h . rennir Kev Counci Chan~ec to Commission eci ion d i. defy condition #1.3.a to reauire a dar k green wainscot to he painted slops the ower portion of the north. we t. and ea t b it in elevationc t the hei ht of the umn bases (midpoint of the door 1• an 8-inch brown colored accent band to be painted above the green wains r-t~ an t he door and door frame on he north elevation to be painted the same color a th e accent band. ii. odify condition #Ll.b to tea ire 2 ad iti onal tree .the ame Decie a the exi 'n e planted wit in the tree buffe r slop arol treat: 4 foo tree we 1 an bark mulch to be installed around a 1 of the treat for pro ectinn• and hlnnmin owers like Floribunda roses to be plant ed a he treat level of he two ervice iii. Strike condition #l.l.a requiring an add itional planter island to be constructed within th f ki th t id il i f th b e row o ng on par e wat e a n o e iv. he existing off-site 3-yard tra h enclosur e is annrny ti fnr tprnnnvnrir »ce only, gn ' 1 allow the app icant to proceed with a app ication and b ail ing permit for enant improvements for the exictin bit in . A permanent. on- ite location for enclosure that meet and reaairementc shall h aDprov d an and the 3-yard temporary en clo are ha 1 be 'mnroved t~ comply wi C standards includ'ng na'ntin _ co n traction of he Dlanter i land. an installation of landscaping. prior to occupa ncy of the fr t tenant Dace. Fairview Lakes Retail MCU-08-002 Page 2 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MCU- 08-002, as presented in the staff report for the hearing date of January 13, 2009, with the following modifications to the conditions of approval: (add any proposed modifications). I fiuther move to direct Staff to prepare an appropriate fmdings document to be considered at the next Planning and Zoning Commission hearing on February 3, 2009. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number MCU-08-002, as presented during the hearing on January 13, 2009, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on February 3, 2009. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MCU- 08-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located north of Fairview Avenue on the southeast comer of N. Lakes Place and N. Teare Avenue, at 950 E. Fairview Avenue. Southeast '/a of Section 6, Township 3 North, Range 1 East b. Owner: Fairview Lakes, LLC 1124 Santa Maria Boise, ID 83712 c. Applicant: Same as Owner d. Contact: Doug Tamura 1124 Santa Maria Boise, ID 83712 208-721-2151 Phone/208-343-2210 Fax e. Present Zoning: C-G (General Retail & Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use -Community g. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to modify the previously approved site plan and building elevations approved with CUP-06-032 for a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. See Analysis, Section 10, below for more information. Fairview Lakes Retail MCU-08-002 Page 3 CTI'Y OF MERIDIAN PLANNIlVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 h. Description of Applicant's Justification for CUP Approval: "Because of the difficult times in the retail leasing market, Fairview Lakes LLC has modified the retail center to be predominantly a strip center. The first phase (Retail %Z) of the retail center has been constructed. Fairview Lakes is proposing an alternate landscape plan in lieu of a parking island. We have installed an 18-foot patio with a bike rack and bench to break up the parking in front of the current retail center. In phase II, the required courtyard was increased 3,150 square feet. The proposed landscape courtyard will include a water feature. The building elevations and heights will remain similar to the existing structure. Please note the building modulation has changed to reflect the building that was built. The buildings were modulated to provide a larger courtyard area for phase II. All other conditions of CUP-06-032 shall remain the same, including the approval of the two drive-up windows." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-ZD, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: September 1, 2008 and September 15, 2008 c. Radius notices mailed to properties within 300 feet on: August 18, 2008 d. Applicant posted notice on site by: October 1, 2008 6. LAND USE a. Existing Land Use(s): The portion of Lot 4 that is requested be modified contains one commercial building that has not yet received occupancy. b. Description of Character of Surrounding Area: Residential uses abut the site to the north and east. Existing and future commercial uses abut the site on the south and west. c. Adjacent Land Use and Zoning 1. North: N. Teare Avenue borders the site on the north; offices and single-family residences in Settlers Village Subdivision exist on the north side of Teare Avenue, zoned C-N 2. East: Single-family residential properties in Settlers Village Subdivision and carwash; zoned R-8 3. South: Bank and restaurant, zoned C-G 4. West: Retail store (Hastings/Hardback Cafe) and Department of Motor Vehicles, zoned C-G d. History of Previous Actions: • This property was annexed in 2002 (AZ-02-011) with a C-G zoning district as part of the Fairview Lakes development. A Development Agreement was approved with the annexation (Instrument No. 102143306, First Addendum Instrument No. 103097614). • The original Fairview Lakes PD (CUP-02-014) included the conceptual approval of 114,500 square feet of commercial and 15,000 square feet of office space, and detailed approval for 192 apartment units. In 2003, the first modification to the conceptual PD (CUP-03-014) included the approval of 122,000 square feet of commercial and 52,250 square feet of office space, and detailed approval for 96 apartment units. Also in 2003, a second modification to the conceptual PD (CUP-03-054) increased the office component by approximately 35,000 Fairview Lakes Retail MCU-OS-002 Page 4 CTl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 square feet and reduced the commercial/retail component by approximately 18,000 square feet. In 2004, CUP-04-049 granted detailed approval for the construction of four commercial buildings, totaling approximately 25,600 square feet of retail space, on two platted lots, Lot 1 and a portion of Lot 4, Block 3, Devon Park Subdivision No. 1. Banner Bank has already been constructed on said Lot 1. In 2007, CUP-06-032, a modification of CUP-04-049, granted approval of a new development plan (site plan & building elevations) for Lots 3 and 4, Block 3, Devon Park Subdivision No. 1. • A Certificate of Zoning Compliance (CZC-07-027) was approved for retail building 'h on the subject property in 2007. The site plan and building elevations submitted with the CZC varied from the site plan approved with CUP-06-032 but were deemed to substantially comply with those previously approved. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: NA Location of water: NA Issues or concerns: None 2. Vegetation: There are several existing trees and landscaping on the site. 3. Floodplain: NA 4. Canals/Ditches Irrigation: The Flume Canal runs through this site but has been tiled. 5. Hazards: N/A 6. Lot Size: 5 acres f. Conditional Use Information: 1. Non-residential square footage: 44,000 overall; 11,700 existing (only includes retail buildings 1-4 at northeast corner of Lot 4) 2. Hours of Operation: 8 am to 10 pm g. Off-Street Parking: Off-street parking exists and is proposed on the site with future phases h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue. No new access points or streets are proposed with this application. 7. COMMENTS MEETING On August 29, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, Sanitary Service Company, and the Meridian Police Department. The aforementioned agencies and departments had no comments on this application. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Community." The purpose of the Mixed Use areas, as deemed on page 102 of the Comprehensive Plan, is as follows, "There are five sub-categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under Fairview Lakes Retail MCU-08-002 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed Use -Community" designation allows up to 25 acres ofnon-residential uses, up to 200,000 square feet ofnon-residential building area and residential densities of 3 to 15 dwelling units to the acre. In Mixed Use -Community areas that are not Neighborhood Centers, over 25 acres of non-residential uses shall be permitted through the CUP process. Per the conceptual development plan, the subject site may develop with commercial uses such as retail along Chinden Boulevard/SH 20-26 and retail/office along Ten Mile, with multi-family residential units internally within the development adjacent to future single-family residential uses. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • "All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians." (Chapter VII, page 103) The northern boundary of this site lies adjacent to N. Teare Avenue, which extends through this site from Settler's Village Subdivision. A pedestrian sidewalk exists along Teare Avenue. Staff believes that this site is directly accessible to the adjacent residential subdivision. • "Plan for a variety of commercial and retail opporhznities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposal will contribute to the variety of uses in this area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Internal parking lot landscaping and street buffer landscaping is required to be installed and maintained on this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. • "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Objective D, Action 3) Parking lot landscaping has been provided on the site. Staff is including a condition of approval for one additional planter island to be installed on the site (see Analysis, Section 10 below for more information). • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties." (Chapter VII, Goal IV, Objective C, Action 2) The north side of this building is adjacent to office and residential uses and does not contain any windows or architectural design features. To lessen the stark appearance of the building, staff is requesting the applicant provide additional landscaping within the street buffer along Teare Avenue (see Section 10 below for more information). 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists retail shops and restaurants as principal permitted uses in the C-G zone. For a complete listed of permitted and conditional uses in the C-G district, see UDC 11-2B-2. Fairview Lakes Retail MCU-08-002 Page 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13, 2009 b. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses which are customarily operated or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services, as well as retail sales for the transient and permanent motoring public. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP modification request as presented in the staff report, with the following comments: Conditional Use Permit Modification (MCU): A MCU is requested to amend the site and building layout of retail buildings 1, 2, 3, 4, 4a, and 5 approved with CUP-06-032. The proposed modification only applies to the previously mentioned retail buildings approved on the northeast portion of Lot 4, Block 3, Devon Park Subdivision No. 1; no modifications are proposed to the remainder of Lot 4 or Lot 3. A site/landscape plan (see site plan attached in Exhibit A.2) was submitted for this site showing how the site was actually constructed in contrast to what was previously approved with CUP-06- 032 and CZC-07-027 (see site plans attached in Exhibits A.3 and A.4). The previous site plan approved with CUP-06-032 depicted modulation in the building fagades between retail buildings 1 and 2, only five parking stalls on the south side of retail building 1, and no parking in front of retail building 2. The structure that was built on the site combines retail buildings 1 and 2 and has no modulation in the facade. Parking exists along the entire south side of the building. Retail building 2 was pulled back to align with retail building 1 creating an appearance of a strip mall. The overall structure (retail buildings 1 and 2) was reduced in size from 13,500 square feet (s.f.) to 11,700 s.f. Future retail building 3 decreased in size from 8,000 s.f. to 4,800 s.f. Future retail buildings 4, 4A, and 5, consisting of a total of 18,900 is now combined in one structure and depicted as 15,000-18,000 s.f. The proposed site plan depicts retail 3 building recessed back approximately 5 feet from the face of retail building %z and retail 4 building projecting approximately 25 feet from the face of retail building 3.Overall, the proposed site plan depicts modulation between the existing structure and 2 future structures; however, the modulation has decreased greatly from the original approved plan. Staff favors the original plan and if the applicant had requested approval prior to construction as required, would most likely not have recommended approval of the request. Because the applicant has requested approval of a change in the site design after it was constructed, there is not a lot that can be changed at this point that doesn't involve knocking out walls. Therefore, Staff is reluctantly supportive of the MCU request with the conditions of approval noted in Exhibit B. (See site plans attached in Exhibits A.2 and A.3 for more information.) A Certificate of Zoning Compliance (CZC-07-027) was approved in 2007 for retail building '/z. The site plan submitted with the CZC varied from what was approved with CUP-09-032 but was deemed in substantial compliance (see site plans attached in Exhibits A.3 and A.4). The structure approved with the CZC combined retail buildings 1 and 2 but still showed modulation between the two buildings although not as much as in the CUP site plan. Access: Access to the subject property is provided from E. Fairview Avenue via N. Lakes Place and N. Teare Avenue. No new access points or streets are proposed with this application. Site/Landscape Plan: Staff has reviewed the site/landscape plan and has noted the following revisions as conditions of approval of the subject MCU: - Per UDC 11-3B-8C2, planter islands are required at the ends of all rows of parking. The parking area on the west end of the building does not have a planter island on the north Fairview Lakes Retail MCU-08-002 Page 7 CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13, 2009 end of the row of parking as required by the UDC and as shown on the site plan approved with CUP-06-032. The applicant shall construct a planter island at the north end of the row of parking on the west side of the building in accordance with the standards listed in UDC 11-3B-8C2. - Evergreen trees, minimum 6-feet in height, shall be installed within the street buffer along Teare Avenue to serve as screening of the rear of the building. The buffer area shall result in a barrier that allows trees to touch at the time of maturity. - A trash enclosure shall be constructed on the site in the location depicted on the proposed site plan. Said enclosure shall be constructed of like color and materials as the building. Enclosure shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impact of this function is fully contained and out of view from adjacent properties and public streets, per UDC 11-3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby on the adjacent street and from adjacent properties. Submit details of trash enclosure with CZC application. Building Elevations: The building elevations that were approved with CUP-06-032 and CZC- 07-027 vary from the building (retail 1/z) that was actually constructed on the site as discussed above, as follows: - The construction materials that were approved on previous elevations depict a 2-coat stucco system on the walls of the structure with manufactured stone veneer accents. Upon visiting the site, I found that the north and side elevations, and the lower portion of the south elevation consist of painted block wall. Stone veneer accents have been used on the building in compliance with the elevations approved with the previous CUP & CZC. Staff believes that the painted block wall construction does not represent high quality construction materials and is not consistent with construction materials of existing buildings on the site. Further, staff believes that the appearance of the building from the offices and residences across Teare Avenue from the north is not visually pleasing Therefore, Staff recommends that all wall surfaces, excluding the portion that will abut retail building 3 on the east elevation, consisting of painted block wall be covered with stucco as originally proposed and approved. - Windows were shown along the entire west end of the structure on the elevations approved with the CZC. The existing building only has windows along 'h +/- of the west elevation. Staff recommends that windows be constructed along the entire west elevation as previously proposed and approved. - The design of the entryway features constructed on the building facade has also changed significantly from what was approved with the CUP &CZC. However, staff does not object to the changes made. Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a CZC permit from the Planning Department for the proposed changes to the site plan and building elevations, prior to release of occupancy for retail building '/z . Note: When the site plan or building elevations change ,from what was originally approved through a CUP and/or a CZC, the applicant is responsible for requesting a modification to the previously approved plans PRIOR to construction. The end result of the requested change(s) should be comparable or better than what was originally approved in order for Staff to approve the change(s). Staff does not believe that the above noted changes to the site plan and structure are comparable or better; Staff believes that they result in a product that is Fairview Lakes Retail MCU-08-002 Page 8 CITY OF MERIDIAN PLANNING D• TMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13 2009 lesser than was approved. Therefore Staff has included additional conditions as recommended above in Exhibit B as conditions of approval of the requested MCU. b. Staff Recommendation: Staff recommends approval of MCU-08-002 to modify the previously approved site plan and building elevations for Lot 4, Block 3, of Devon Park Subdivision No. 1, as presented in the Staff Report for the hearing date of September 18, 2008, subject to the conditions listed in Exhibit B. The Meridian Planning and Zoninss Commission heard this item on September 18 and October 16 2008 At the public hearins= on October 16, 2008, they moved to approve MCU-08-002 fter the ommiccion nnrnvp e subject MCU aun ication on O Ober 16. 200R_ the annlirant cnhinitFpri a rPnllo ltv Council review (AP-08-0071 of he [''nmmiccinn'c deci ion on attain rnnrlitinne~ of aDDI'OVaI The COllnCll aDDYOVetI the ram~pet fnr ruviaw Of he O mlcclOn'c d ~iclon SII held a new nubl_ic hearin on sTanuarv 6 and ]'i 2009 At the nnhlir hparino nn T~....~..~> > z 009. the Counc'1 annrov .~ the MC'T wi h new ennditinnc of annrnval 11. EI~~ITS A. Exhibits 1. Vicinity Map 2. Proposed Site Plan 3. Site Plan Approved with CUP-06-032 4. Site Plan Approved with CZC-07-027 5. Building Elevations Approved with CUP-06-032 6. Building Elevations Approved with CZC-07-027 7. Proposed Building Elevations 8. Site Photos 9. Revised .andccanp plan 10. Revised Buil ing .levatinnc B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from UDC Fairview Lakes Retail MCU-08-002 Page 9 CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13, 2009 A. Drawings 1. Vicinity Map Exhibit A CTI'I' OF MERIDIAN PLANNING. TMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13 2009 2. Proposed Site Plan J 4 ~~ ~ ~ z e.d~-~. ~ r~ . k r~ m,. ~ u~, e~ , ..~._ .~ Exhibit A <'~-e i r-f46~''e;P. 4Y d~.'JEf~LJ3: ~U ~. NNVY ~Lti~ CTI'Y OF MERIDIAN PLANNING DEP~ STAFF REPORT FOR THE HEARING DA•F JANUARY 13 2009 3. Site Plan Approved with CUP-06-032 Exhibit B CITY OF MERIDIAN PLANNING DEP~ STAFF REPORT FOR THE HEARING DA•F JANUARY 13, 2009 4. Site Plan Approved with CZC-07-027 f '~ ~.. ~; ~,~ ,, . 4:! ` ~~. .,~ ~~~ ~~ ,~ 1 ~r.~ g xrr Exhibit B CITY OF MERIDIAN PLANNING DEP~ STAFF REPORT FOR THE HEARING DA~ F JANUARY 13 2009 5. Building Elevations Approved with CUP-06-032 e' ~~ - a~e~-~oea ~ Raw p~~ ...,,-!~ Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 6. Building Elevations Approved with CZC-07-027 ~„ 26 >~ 6 ~ ~. c; {~i:z ''.~w ~.4 _.Y b~ ~r° 3a- a4-y {t, .qir ~ s '`?~StC f. •D ;*•~,~.4 %'J~ {t °, ..~, s, ~ _-- a,: y t:y ..~J% ° Y t et ~ ry ~ !t R ~, i'~ ~' 1 5 Y 1.... .~... .. •' 341 .... ,~.~ ~•~--- ..~ _ ,---__ ha-1J'S~~U'. nn~i. ~~JJ~~++ ~'d%rr. ~a~. 1 ~sr ~nn~ _ ~r~, ~. i~ t S Exhibit B CITY OF MERIDIAN PLANNING DE• T STAFF REPORT FOR THE HEARING DA• F JANUARY 13 2009 1. ~ Proposed Building Elevations Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 8. Site Photos ~~~r~~'- ~~. ~~:~ ;~r r;~ ~~E .~;~. -- -- Existing structure on "Retail 1/2" ,~ ~:~, +: ~- 7 "~..~.c hip, ~ ~ - ,,. ' ° ,'. JY! `aSAiA~untBY.. .~ ~~«.x- ~. -.- -. q.+a~~[e__~s~ir r _. -.- ~ -. .~ Y~~R '~ i ' ~ ~ 1 ~a6r. '.. ~~. ~~o-: ~.w~.=. _ _ _ y~-y_{yy_~~~y~ 1.. ~~ ~ 9n~ja ,atip ,t}~;_ .1~"IIA1Tffl~~ -rc_ ~idr~iw~~ ~ _ _._ ~;" ~ ~r. "' ~_ i ..., _ __... , . _~.._ . 'err"' '. t ~ ~ '~+. i b,~ -~am...aw. - ~..~».._,,,~,....._.... -. f..~ ~ ... .. ..a.,..... ~....,, .,.w,,~ ~, ~,., -~ ... ,~ -~~r..rww~ r ,,, ~f ~ .*+:nl"Rte) ..:F 1 _ Yom, ._r___._a. .. 't...i$,~_~ _ a~_ _!~~Ji 'e'b. ;Vr~'r~'y~~ _~~lfa .ems ..a^ ~~ .. .• -~ .~; Exhibit B • • CTl'I' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 Rear of "Retail 1/2" building ~~°'' -,.ems„~~~ ~~~ ~ ~'~. 'R t ,/ /' -"1..__ `~ r '- -~ r. t~ tr tp~,,'~. ,~ ~~ ,~ Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13, 2009 a ~ e- " PI E, CARaL ST. ~®~ Exhibit B n ~A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OF JANUARY 13, 2009 ~~ ~~E. I ~~ra a ~ e ~° edepp of Weecdrari ~iannin~ ®epaAmen@ ~~ ~, ` _T ~'~Igntr~e ~_ Stc;1-'~j'~~ ~:_.~:' f ~ ~ ~ ~ ~_ - ~~ ~ ~. ~~ _ __ aa~l rasdvmv' - ~, ~.~ ~ , .., - ,-~,. ~. f f; w ;~-- ~~ ~ ,n ~.e<, _ ~ il, . -~~ ~~ 3 ?r -_~- -- 7~ 9;r~ns~ c ~ _ _ - 7 ~ i' Y' l ~ ~~ 7~ ,. ~ .,ea. a ~ ~~~~~ - ~ ~~. - - ,~~ ~ ~~~~ _ ~~ l SOUTIiELEVATION ji~ ~~~ i ~ ~~ -- ---. III I ~ i yr 0 11. D v '! i I ~ i >~ mvm amo - -sva mm ~~ I V~J p. ';. i _ c N{~R'fN ELEVATION Y w i ~ ~ ,~ 4 ~ ~ ~ ~r ~nc~ ;""~` ,rus _. ~ ~- -j _ l `~ ~ _ ,~, ,..,~ ,~_~a~ .~,~ ~ - ~,~~~ f ` ~ i I ~iANr. '. V ( .~ mra ' f II FV08.CT; y~_ - ~,~. ~ „~~~~ i oe~ WF.S7 ELEVAT~ON '"sgn ~ ~ I I' _.~-~-- EAST ELEVATION Exhibit B CITY OF MERIDIAN PLANNING. TMENT STAFF REPORT FOR THE HEARIlVG• OF JANUARY 13, 2009 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site/landscape plan attached in Exhibit A.2 shall be revised as follows: ~x»~~ ~;a° ,.~,.1,° 1.,.•l,i• fi~#kt~sc~s-~ted~ ~ 11 b• ~Q "' o ~~~~~~, ditional tree . the ame pecie a the exists shall be installed within the street buffer along'''°°~° ^-•°~-••° Carol Street to serve as screening of the rear of the building, per the revised landscape plan in Exhibit A.9. Thy-a-i~iffaa- ~r~n cl 11 1,. +1,..* ..11,..~... 4..,.,...._ a----'- `'-- `' dditionallv 4 foo tree w Ilc and bark m ~I h ha 1 be in a led aro end a I of he tr or protection. and bloomins7 flower ike Floribunda ro s sha 1 be planted at he tree evel of the two ervice ta'rway C. ~tr~.ch ~nal~mir ti 111. + • „+1,° ~:~°:.. ~L.,... 1._....a:_~ ~__:_~_~ ., , >/.,l.;l.;t A 7 ~~: The existlnsT off-site 3-vard trash e_nc1nSL1rP_. 7S an_nrnvr..i fnr Iors,nnvnv.v nca v. and 'll a low he anpli ant to nrncPP wl h a C'7[` aDDllCatinn and hnildina ~ernuts for tenant imnrnvem__Pn±. for the exi 'n bpildinu A nprmanont on city location for a trash enclo ure that mee Tp and ~~[' rennirpIppn*c ~~.an Ho an.,r.,yed constrncted_ and he -vard emnnrarv Pnrlnenra chill ho imnrnc .7 t 1 wl C standards includinu naintina [`nnctr.~r*:nn of tl,n ..l + • 1 a andscapins~ prior o oc nnan of he r enant mace Said enclosures shall be constructed of like color and materials as the building (chain link with slats shall not be used). Enclosure shall be incorporated into the overall design of the building and landscaping so that the visual and acoustic impact of this function is fully contained and out of view from adjacent properties and public streets, per UDC 11-3A-12B. Shrubbery and plants shall be installed on the sides of the enclosure to lessen the visual impact of the enclosure to passersby on the adjacent street and from adjacent properties. d. .., Already stated above in l.la. 1.3 The building elevations included in Exhibit A.6 shall be revised as follows: a. , A dark sn^een wainscot hall be painted alons~ the lower norNon of he no h we and ea ui1 ins elevation o the hei ht of the col ~mn bas c ( idpo'n of he door 1• an S ins rown colored accent band ha 1 be pa'n ed above he screen wa'n cot and he door door frames nn the north P1PVatinn shall ha naintn and. per the revi ed levation in Fxhibi A 10 .,.. Kt,i.:..... , 1.4 The applicant shall be responsible to obtain a Certificate of Zoning Compliance permit from the Planning Department for the proposed changes to the site plan and building elevations that complies with the conditions contained in this report, prior to release of occupancy for Retail Building 1/2. Exhibit B CTI'Y OF MERIDIAN PLANNING. TMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13, 2009 2. PUBLIC WORKS DEPARTMENT Public Works has no comments on this application. 3. ADA COUNTY HIGHWAY DISTRICT See next page Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 13, 2009 ~~~~~ Carol A Pn~der~ ~'M R Wihey istY~ Pre~dar~ !~e• ~, 7axl Yloe W. ArrddO Cammi56i(rrer 14, 2008 TQ~ Fairviewr lakea, L!C ~ , ~,,° , _--, __ ~e "mot., 1124 Santa Math A6dJi~ Z ~ ~ ~rie~,1D83712 ~~~-~,` ~~ ~~~~~~~ ' REP: Doug Tamura ~~ ~d ~-~~~K p~~-d,~ SUBJECTD ~IIMCl1-06-002 t4lodify STdg. Layout 950 E. f~alnrleror Ave. C1n March 28, 2003, the Ada Courltyy Hlgttwsy i~sttiet noted en the re~ri;4eti AAPF~-02.34 For Oevon Park Subdivtslan d1. The moons and r~ulrerr~ttte ado apply to MMGU-Ot~002. • Poor to appeaawsl you will need 7!o submit conatrllctta~ plans to fire ACRD Q Review Sectpon to i~u~ o~npt~nre rrl~ fire eor~d i~ndtisd above areii'or For traffic im~ct fee tll. Yh~ Is a ~parate ti~at requlres~ ~n9~t p~ s tsa 11 Ravisw staf f at the Highway Qlatrlck • A tIw<diC Isnpaet fee will be al~ssssoyd by /tCHQ anal wrlp be due prior to the Issuance o'f a l~ilding psnan6t. Comet ACNQ Planni~ & Devel®pntent Services! at 36T~17G for IMannaHon ns~rrJir-g lia~pact feo~. tF ys~u have any questions ssr canc~la please feel fs+ee to cont~ title oF~rati srt (2(18) :~'~-431 ~i'. Sins:ereiy, Ch Kuoera Right~+of~JVay and Develapment Sentlr,~es t,.G: Proj+~ File City- of Merio~io~n nda t r113txnay ~ 3775 Adams ~ City, ~ + 83714 ~ 6H 208.31177~1~ ~ Fff 3~7~0 . +w~w Exhibit B CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING OF JANUARY 13, 2009 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission fords that the site is large enough to accommodate the changes to the CUP as proposed and still meet all of the dimensional and development regulations of the C-G district. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Neighborhood (MU-N). The property is currently zoned C-G, which is consistent with the MU-N designation. The existing and future residential use of the property complies with this designation. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed design, construction, operation and maintenance of the structure should be compatible with other uses in the general area and with the existing and intended character of the area. Further, the Commission believes that the proposed use will not adversely change the essential character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission fords that the subject property is currently served and will continue to be served by the public facilities and services mentioned above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use of the property should not create excessive additional costs for public facilities and services. The Commission fords that the proposed use will not be detrimental to the community's economic welfare. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING. OF JANUARY 13, 2009 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Commission recognizes that traffic and noise is a concern; however, the Commission fords that the amount generated will not be detrimental to persons or property in the general area. Further, the Commission does not anticipate the existing and future residential use of the property will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission fords that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed commerciaUretail use of the property will not result in the destruction, loss or damage of any natural, .scenic, or historic feature of major importance. Exhibit C • January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. 5-E REQUEST Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer "Crossing by David D. Toland 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 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeMngs shall become property of the City of Meridian. • I To: Jaycee Holman; Tara Green From: Roxanne Holland, Staff Engineer CC: Clint Dolsby, P.E., Interim City Engineer Da#e: January 28, 2009 Re: Proposed Agenda Item far February 2, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 2 City Caunc~ agenda, under Consent Agenda, for Counal's consideration. 1. Permanent and Temporar~Easement Contract far David D Toland A pem7anent and temporary easement has been signed by David D. Toland for the construction of the sanitary sewer on their property far the Ten Mile Creek Sewer Grassing project, The contract has a total easement cash settlement amount of $8,038.00. 2. Addendum to Contract. An addendum to the contract dated September 15, 2008 with David D. Toland to compensate for fencing and landscaping #hat will be destroyed during construction of Ten -Mile Creek Sewer Crossing. The addendum is #or $9,100.00. 3. Bonita Sewer Easement Permanent and temporary sewer easement at 1395 W. l~'irnra Sf. as required for the construction of Ten Mile Creek Sewer Grassing. Recommended Council Action: The Public Worlcs Department recommends #hat City Council approves the permanent and #emporary easement contract , addendum and legal documents for the construction of the sanitary sewer on this property for the Ten Mite Creek Sewer Crossing project and authorize the Mayor to sign it. ThaNc you for your consideration. Please contact me if you have any questions regarding any of #hese items. • Page 1 • • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: IO-08-443 - Ten Miie Creek Sewer Crossing Project Parcel # and Owner. 81 6086402 10 -David D. Toland Date of Offer: July 28, 2t}08 THIS R;GIiT-OF--WAY CONTRACT, made this ~„~_day of _ ~`h'~ 2008, between the City of Meridian, aging by its Mayor and Council, herein called "CITY" and Dav~cd D. Toland ,herein called "GRANTOR". WI3BREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CPTY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALtJF3 (Ft~? ($/Ft~ FACTOR ($) Permanent Easement 8?5 sf $6.46/sf SO% $2,82? Temporary Easement 5,126 sf $6.46/sf 10% $3,311 In--lieu of Appralsel - in consideration of the GRAN'T'OR' S agreement M utilize the Ada County Tax Assessor's valuation of the property and thereby avoiding the cost of a third party appraisal, the CITY agrees ib pay the GRANTOR a lump sum o0 $1,900 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $8,038 B. The CITY further agrees to provide GRANTOR with reimbursement for the replacement of the existing fence, repair of the sprinkler system, and replacement of sod damaged or obliterated by the work performed on site. Reimbursement will be based upon bids provided by the GRANTOR prior to the commencement of the work C. The CITY further agrees to instruct their contractor to retain and protect the existing maple tree approximately 12' east of the western property line. if tine tree is damaged or killed due to damage to the root structure in the installation of the sewer line, the CITY will pay for the replacement and installation of a 3" cali~r replacement tree. D. The CTI Y further agrees to provide temporary fencing during construction delineating the easements and to prevent access by pets to the construction area. E. The CITY agrees to ensure that the trench is properly backfilled and compacted to prevent settling damage to the dwelling. If any such settling occurs, the city will repair the foundation to its original condition, 2. As set forth in the City of Meridian's Easement Acquisition Poficy, the Grantor may choose lxom two options for just compensation for both the permanent and temporary easements based upon the assessed value of the property as determined by the Ada County Assessor: ~ Cash Payment* in the amount of 58.038 Q Donation value of the easement °Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the C1TY of all further claims or obligations on that account or on account of the location, grade, conch action and maintenance of the proposed sanitary sewer Iine. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covenant and warraaat that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. Toland Laserrtent Contract Page 1 of 2 • IN WI'T'NESS WER]?AF, the parties have executed this contract the day sad year first above CITY OF MI.TtRTDTAN sy, GRANTORS raaxmy de Weerd, iVTayor Date• ATTJ?8r: Date: / ;~'~ " [~ Jaycee Holman, City Clerk Date approved by Council: Toland Easement Contract page ~ o{~ LJ • ADDENDUM TO CONTRACT DATED SEPTEMBER 15, 2008 BETWEEN DAVID D. TOLAND {GRANTOR) AND THE CITY OF MERIDIAN {GRANTEE) JANUARY 6, 2009 The above noted contract is hereby amended to compensate the GRANTOR for the existimg landscaping elements that will be desttoyed or otherv~rise removed to accommodate the construction of the sewer Line. The compensation amounts listed below are based upon bids provided by the GRANTOR and represent the total compensation for the replacement of the listed items. Purchase and installation of the these items is the sole responsibility of the GRANTOR, This compensation is above and beyond the compensation for the temporary and permanent easements detailed in the contract being amended by this addendum and shall be paid upon the completion of the work. Fenci~ag $3,600 Sod $1,000 Sprinklers $4,000 Maple Tree $500 Total $9,100 IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN GRANTOR By: Tammy de Weerd, Mayor Tol Attest: Date• ~~ ~~ `r ~"~ Jaycee Holman, City Clerk Date Approved by Cotmcil• ~„"~- No. 05105 INSTALLED SKETCH iJF FENCE t ~0'~} t s R' ~ ~~ l t f ' i l ~ t f ~ Jt~t~3 is'~c . y'"1 w -»~-•mmaaa r Est Stan Date: (, Est Completion Date: ' 1 , ,_ ~ ._.,_ ~ ~ !~ 1 Li/ ;~Y'-.A ss. ~c dt~.~esy ~"'-~"'r:t ~,~ u 9x6 Premium 5er 2 Rail V fVlaBber Post ~ 1x8 !# 2 D 3 Reif O ati~er D 1x4 Premium D 4x4 Cedar Post O D 1x4 #2 ~ 2 3f$ Steel Pc$t TOTAL. PAYMENT T„~fPE o so aaYS sage as Gases PAYMEiVT TERMS: dA/~ ./1~IAiN Z~ PERSONAL L7 GHARt~IE ACCOUNT ivoTes: ACCEPTANCE OF PROPOSAL The undersigned customer atx~t#s the fencing proposal on the terms an+d t~nditkms ~ stated bebw, and agrees to pay the amount due to Franklin t3uitding Suppty Co. as identified below. ancf fn arty event no later then upon oampletfon Sfgned• Print name: pad,; ~ ~ ~ •• _ _ - _ w _ ~EaA~ ~t 7Y~E.SE ~ tASPORTAN! CLINLiiTtQN$ ~ 7'!~ PROPA~ei ~ - - - - - - - - ~~ ~ ~+ AG vrnrfc wnU he performed to a warkrrrantHce rrenner and ~ ac~danca vaKtr etartdard praatloas i i ^- YOtJ, THR WSTOitIRR, Atttg RR$PONStBLf# FOR OBTAIN#NG aLL fetUILO1Nl>t PSRMtTB r ~ • F88 wHl not be teatd tfat-fe fw any damage w atdre coat of anynahrre due tts uttderttrnund oizstrtu~tone r r + YOU, THS C1tS'rOi11ER, AftE Rt:BPONStBi.B FOR LOCATRiti, STAlpNt,4 R CLi3AtiiNO AkL FtS+tt`.L~ Ut+IHB j ~ •~• F88 w18 net (Deets propar[y aofea We put the fence where yew artd adjacent properly owrtats dirt r r ~+ More or Esss m other than the atnouoa contracted for arw toe det~ed w cr8dited at a~rr~t pttCe i _+ Work to tra ~mpietad in raasoretrle arnanmt of time given a~oumatancas of jots and prevagtr~ t36or avaMabUfty i i + ?ht9 propo~l e~fres H not axePted by ~groadse above rvlthfi 30 days From pn~osal dam r WhJ~ - Acc~itlRg - - - - - - - * , ptrdt -Control ~ ~ ~ ~ _ ~ _ ~ y - - - G~-ary- Btd , , FENCE PROROSAL 1i7Q0 Ftettkl6t Road, f3t~lse, Idaho 837139 Date of Propotfal _ia 1 e? ,/ ~ Pftorte ~2-asst . sex ~z-~a~e Con( .~ ~ tzcE-~aea ~J ~o~~>~~~ ~~~~n~~ BrseB TU: Dave Tok~rtd laderldian, Id zo8~sss.,ooo ~S~inklers aU parts necessary to complete sprinklers (work done Sty us) . :..,: Gt.3.~ _ ~~r. :~5: 2378' Sod ,cos ~s~~n~ar~ $3,960. X2.86 64.?7 Toro. EsnMar~ .ios cost ~ ~a,s}o-r.as This ~ an esthnate onryr, net a contrail. This estimate ~ for comp6etlng the Job descn'bed above, based ort our evaluation. h does not Induce unforeseen prlte ins or additional labor and rnabBrials which map be required should groblen-s arise. ~l~c8ptan~ce of tl~t pnoposa/, at stmt of ranork 1!2 the cost otJob tnot~d ~ requlrod sttd hates t6tan Brett RI~PAREQ BY 17$/06 DATE FBe: Troyxle Ot6Ce to COlor lilted: tt1118lZOO8 • • SAN E EME THIS INDENTURE, effective this ~-~ R day of .svk~t 2009, by the undersigned Oavid D. Toiand, who maintains a mailing address of ~,~ W Kimra St Meridian. ID 83642. hereafter referred th as "GRANTOR" for the benei"rt of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Broadway Avenue, Meridian, Idaho 83G42, hereafter referred to as "CITY". W ITNESSETH: WHEREAS, the Grantordesires to provide a sanitary sewerright-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary #o maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received bythe Grantor, and other goad and valuable consideration, the Grantor does hereby give, grunt and convey unto the CITY the right-of-way for the permanent and tem~rary construction easements for the construr,#ion, operation and maintenance of a sanitary sewer pipeline over and across the following described property; {SEE ATTACHED EXHIBITS A 1, A 1.1, B-1, and B-1.1) The rermanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer pipeline and allied facili#fes, together with maim®nance, repair and replacement at the convenience of the CITY, with the free right of access to such faciUties at any and all times. The t~,~rary constru ion asemer3t is for the purpose of construction of a sanitary sewer pipeline and related incidental work. The temporary construction easement shah expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, Its successors and assigns forever. 1. 1T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, In constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to #hat axis#ent prior to undertaking such consbvctfon, repairs and replacement including fertdng. However, the CITY will not be responsible for repairing, repladng or restoring any permanent structures, large trees or brush piaoed within the area described in this permanent easement. Page 1 of 3 SANITARY SEINER EASEMENT i ~ 2. HOLD HARMLESS, Inconsideration of allowing Grantee to perform work on andlor opera#e within the said described parcel, Grant expressly agrees to indemnify, save and hold harmless Grantor, tt's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including ail court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damages" that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on andlor operating within the hers in above described parcel; provided that the damages ors not caused by the negligence or other breach of legal duty by Grantor. THE GRANTOR{S) do hereby c~venan# and agree that they will not piece or allow to be placed 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 her®in. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described track of land, and that he has a good and lawful right to convey said easement, and that hs will warrant and forever defend the title and quie# possession thereof against the lawful claims of ail persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. ._----~ Grants , avi . T STATE OF IDAHO) ss County of Ada ) On this day of 2009, before me _%E, a/NE ~ . S~~NCE~. . personally appeared vi To , p ed to me on the basis of satisfactory evidence to be the persons whose na es subscribed to the within instrument, and ackno~~,hat they exec ~ Mme. ~ My Commisston Expires oc,~~~~~ ? ~o ii Page 2 of 3 SANITARY SEWER EASEAAENT u Beneftciary: CITY OF MERIDIAN gy: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Cleric Date approved by Council: Page3of3 SANITARY SEWER EASEMENT • EXHfBIT A-1 Project: 10-OS-043 Date: September 30, 2008 LOT 7 pERMANEN7 EASEMENT PARCEL DESCRIPTION A portion of Lot 7, Block 5, of Crest Wood Estates Subdivision No. 4 as recorded under the offlcia! records of Ada County, Idaho, Book 5b, page 5239 within the Northwest ~/a of the Northwest ~/ of Section 13, Tovmship 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit drawing and more partfcularty described as follows: Commenting at the Northwest comer of Lot 7, the POINT OF BEGINNING; thence along the Northerly boundary of said lot, South b7° 53'i i" East, 10.00 feet; thence along a tine parallel ta, and 10 feet Easterly of the Westerly boundary of Lot 7, South 22°06'49" West, 175.00 feet to the Southerly boundary of said lot; thence along said boundary, North b7°53'11" West, 10.00 feet to the Southwest corner of said lot; thence along the Westerly boundary of Lot 7, North 22'Ob'49° East, 775.00 feet to the POINT OF BEGINNING; ContaiMng 0.040 acres, more or less. END OF DESCRIPTION prepared by: J-l1-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:Ihc P:\BRWtio-oB-Q43 • Merldtan Ten Mile Creek Spw,er Crossing Ph 2110.08-Q43 -Easement Doa110-08-043-PermFase.Loi7.doc • IXHIBIT B-1 Project: 10-08-043 Date: September 30, 2008 LOT 7 TEMPORARY EASEMENT PARCEL DExRIPTION i A portion of Lot 7, Block 5, of Crest Wood Estates Subdivision No. 4 as retarded under the official records of Ada County, Idaho, Book 56, page 5239 within the Northwest / of the Northwest y of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit drawing and more particularly described as follows: Commencing at the Northwest corner of Lot 7; thence along the Northe~y boundary of said lot, South 67° 53'11" East, 10,00 feet to the POINT OF BEGINNING; thence South 22°0649" West, 175.00 feet to the Southerly boundary of Lot 7; thence along said Boundary, South b7°53'11"East, 10.00 feet; thence North 22 ° 06 49° East, 27.72 feet; thence South b7°53'11° East, 40,00 feet; thence North 22° Qb 49" East, 20.00 feet; thence South b7° 53'11"East, 20.00 feet to the Easterly boundary pf Lot 7; thence along said boundary, North 22°0b 49" East, 127.28 feet to the Northeast corner of Lot 7• thence along said boundary, North b7°53'91" West, 15.00 feet; , thence South 22°Q649" West, 89.27 feet; thence South b7°0649" West, 13.79 feet; thence North 67° 53'11 ° West, 32.12 feet; thence North 22°53'11" West, 14.49 feet; thence North 22°0b'49" East, 88.78 feet to the Northerly boundary of Lot 7; thence along said Boundary, North 67° 53'11" West, 2.88 feet to the POINT OF BEGINNING. Containing 0.118 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. r ~~~ a s ~ ~y ~~ ~~o ~~~~~1~~ 'PD 9rf 0 F \~@ ~~ yqC~ M. NCO RMH:Ihc P:18RWt10.0&043 - MerEdian Ten Mile Creek Sewer Crossing Ph 2110-08•Q43 -Easement Qocs110-Q8-043-TempEase-fAt7.d~ • SANITARY SEWER EASEMENT THIS I DENTURE, effective this ~~ R day of~~k~ , 2009, by the undersigned David . Toland, who maintains a mailing address of 139 W Kimra St.. Meridians_ID 83_642 hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a munici al corporation of the State of Idaho that maintains a mailing address of 33 East Broad ay Avenue, Meridian, Idaho 83842, hereafter referred to as "CITY". WITNESSETH: EREAS, the Grantor desires to provide a sanitary sewerright-of-way across the Wises and properly hereinafter particularly bounded and described; and HEREAS, the sanitary sewer is to be provided for through an underground reline to be constructed by others; and HEREAS, it will be necessary to maintain and service said pipeline from time to ~e by the CITY; V, THEREFORE, in consideration of the benefits to be received by the Grantor, other good and valuable consideration, the Grantor does hereby give, grant convey unto the CITY the right-of-way for the permanent and temporary -truction easements for the construction, operation and maintenance of a Lary sewer pipeline over and across the following described properly: (SEE ATTACHED EXHIBITS A 1, A-1.1, B-1, and B-1.1) permanent easement hereby granted is for the purpose of construction and ~ation of a sanitary sewer pipeline and allied facilities, together with itenance, repair and replacement at the convenience of the CITY, with the free of access to such facilities at any and all times. temporary construction easement is for the purpose of construction of a ary sewer pipeline and related incidental work. The temporary construction ment shall expire when the construction contract terminates. HAVE AND TO HOLD, the said permanent easement and right-of-way unto the i CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repalcs and replacement Including fencing. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this permanent easement. Page 1 of 3 SANITI~RY SEWER EASEMENT • • 2. HOLD HARMLESS, In consideration of allowing Grantee to pertorm work on and/or operate within the said described parcel, Grantee expressly agrees to indemn'r[y, save and hold harmless Grantor, it's successors and assigns, against any and ail claims, suits, demands, ac~ons, debts, injuries to persons, and damages to property, damages, costs, charges, and expenses, including ail court cost and attorneys fee, and against any and ail liability, losses and damages of any nature whatsoever, the "Damages that Grantor shall or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. STA E GRANTOR(S) do hereby covenant and agree that they will not place or allow be placed any permanent structures, large trees or brush within the area scribed for this easement, which would interfere with the use of said easement, the purposes stated herein. IE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized d possessed of the aforementioned and described tract of land, and that he has a od and lawful right to convey said easement, and that he will warrant and forever fend the title and quiet possession thereof against the lawful claims of all persons WITNESS WHEREOF, the parties have hereunto subscribed their signatures ~ day and year first hereinabove written. ~~---~-'~ OF 1DAH0) )~ of Ada ) this~~ day of , 2009, before me ~L-~~NE '~ ~ S~~'~~'2 sonally appeared avid D. Toiand, p ed to me on the basis of satisfactory fence to be the persons whose na es s subscribed to the within instrument, I ackno~dgeFiat they exec s me. ~p `~e L. spF%~s s~~+ ~~T"~y ~ - NOTARY PUBLIC FO DAHO ~a-.:- 7 ~ yAV>a~`+c ~ ~ My Commission Expires o ~o~/ ~~' ot~ lA Page 2 of 3 SANITI~RY SEWER EASEMENT i • • Benefl~iary: CITY OF MERIDIAN Ta my de Weerd, ayor ? '= ATTE T• _ `-- 1 Jaycee Holman, ity Clerk ~' o Date a proved by Council: .~ - ~ -•,,, C~pU~ • ~~; ,.~' .,~. Page3of3 SANIT/~RY SEWER EASEMENT :7 ST TE OF IDAHO, ) . ss. Co ntv of Ada ~ On this,~_day of 2t3~, before me, the Ined, a Notary Public in and for said State, pe ovally appeared TAMMY DE i and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, vely, of the City of Meridian, Idaho, and who executed the within instrument, and ledaed to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. ;~„Q T~''G, ~', ~ ~ ~ ~ ~.~,i ~ : NO ARY PU FOR IDAHO I RESIDIN . MY COMMISSION EXPIRE ~ ; ; a i~~` ~: `. '9~~~~t,IC ,. •f~~w~~~ N. fl ~, kiMR ~ ,S S~ '~ ~ ~,~, ~ ~ ~ ~ N67'53'11'~11 2.88 ~~ P.O.B ~'S N67'53' 11 "W N22'06'49°E 15.00' 6 BLOCK 5 R N22'06'49"E 27.72' S67'53' 11 "E_~`~ 10.00' ~S ~ ~ i S67'53' 11 40.t `\~ 88.78' ~ ~N 7 ryry ~~~ ~ `` ~~ lV22'53' 11 "W °~ • 14.49' ono N ryN~ry s3~y r ~ ~ •'~ S67'06'49"VV - 13.79' ~ ~ `\ ~ SCALE: 1 "=30' ~,S67'53' 11 "E ~ 20.00' r N22'06'49~E 20.00' TEMPORARY SEWER EASEMENT CREST WOOD ESTATES No. 4 LOT 7, BLOCK 5 1 o. F . January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. 5-F REQUEST Sanitary Sewer Easement Agreement for Ten Mile Creek Sewer Crossing by Ronney & Kathryn Keeton AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See aiMched Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the CHy of Meridian. ~- To; Jaycee Holman; Tara Green From: Roxanne Holland, StafF Engineer CC: Clint Dolsby, P.E.; Interim City Engineer Date: January 28, 2009 Re: Proposed Agenda Item for February 2, 2009 City Council Meeitng The Public Works Departmen# respectfully requests the following items be placed on the February 2 City Counal agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for Ronney Keeton and Kathryn Kee#on. A permanent and temporary easement has been signed by Ronney Keeton and Kathryn Keeton for the construction of the sanitary sewer on their property for the Ten Mite Creek Sewer Crossing project. The contract has a total easement cash settlement amount of $5,$44.Q0. 2. Addendum to Contract An addendum to the contract dated September 18, 2008 with Ronney Keeton and Kathryn Keeton to compensate for fencing and landscaping that will be destroyed during construction of Ten Mile Creek Sewer Crossing. The addendum is for $13,900.t~. 3. Sanitary Sewer Easement. Permanent and temporary sewer easement at 1415 W. Kimra St. as required for the oonstrucfion of Ten Mile Creek Sewer Crossing. Recommended Council Action: The Public Works Department recommends that City Council approves the permanenrt and temporary easemen# contract , addendum and legal documents for the construction of the sanitary sewer on this property for the Ten Mile Creek Sewer Crossing project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ~ Page 1 • City of Meridian 33 East Idaho Steeet, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CQATTRACT Protect # and Description: 1Q-08-QA3 -Ten Mile Creek Sewer Crossing Project Parcel # and Owner: 81608640200 - Rooney Keeton and Kathryn Keeton Date of Offer: August 11, 2008 ~~tt~ 't:Jo ~*(~-P~tn~rF L` 2011$, beta+een the City THIS EASEMENT CON'T'RACT, made this _._._,.1______.~Y of t2nnnev xP~n and xathrvn Keeton herein called of Meridian, acting by its Mayor and Council, herein called "CITY" and "GRANTORS°. WHEREAS, subject to the terms outlined below, GRANTORS agrees to deliver to the CITY a Permatreat Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the patties hereto agree as follows: 1. A. CITY shall pay GRANTORS ,and the lien holder, if any, such sums of money andlor bane&ts as are set out below: ITEM DESCRIPTION ~tREA GROSS VALUE V F UATIRON EASEMENT VALUE T Pet~nent Easement 875 sf - $6.77/sf 50% $2,962 Temporary Easement 1,450 sf $6.77/sf 10%a $982 In-lieu of Appraisal - in consideration of the GRANTOR'S agreement to utilize the Ada County Tax Assessor's valuation of the property and thereby avoiding the cost of a third party appraisal, the CITX agrees 4o pa$ theme GRANTORS a Inmp sum of: TOTAL EASEMENT CASH SETTLEMENT AMOUNT $g$~ B, The Ci?"Y further agrees to provide GRANTORS with reimbursement for the replacement of the existing fence, repair of the sprinkler system, and. replacement of sad damaged or obliterated by the work performed on site. Reimbursement will be based upon bids provided by the GRANTORS prior w the commencement of the work. C. The CITY further agrees to instruct their contractor to retain and protect the four (4) existing trees located adjacent to the western property boundary. If any of the trees are damaged or killed due to damage to the mot structure in the installation of the sewer line, the CITY will pay for the replacement and installation of three-inch (3'~ caliper replacement tree(s). D. The CITY further agrees to provide temporary fencing during construction delineating the temporary and permanent easements to prevent access by pets and/or children to the construction area. 2. As set forth in the City of Meridian's Easement Acquisition Policy, lire Grantors may choose from two options for just compensation for bath the permanent and temporary easements based upon the assessed value of the property as determined by the Ada County Assessor. ~ a Sys., Cash Payment* in the amoant of ~ ~~`'~ ` `~ ^ Donation value of the easement *Grantors will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the constriction contract. 3. This Contract shall net be binding unless and until executed by the Mayorand/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the ration, grade, constriction and maintenance of the proposed sanitary sewer line. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covetrant and warrant that they are the OWNERS of the property to which this document applies, are fuIIy authorized to execate this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. Keeton Easement Contract ~ Page 1 of 2 IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN $y Taimny de Weerd, Mayor Date: ATTEST: 3aycee Aolntan., Ciry Clerk GRANTORS Ronney Keeto _ ~~ i{athryn Keeton ~j Date: ~~ ~~~~` Date approved by Council: Keeton Easement Contract Page 2 of 2 r ADDENDUM TO CONTRACT DATED SEPTEMBER 18, 2008 BETWEEN RONNEY AND KATHRYN KEETON (GRANTORS) AND THE CITY OF MERIDIAN (GRANTEE) JANUARY b, 2009 The above noted contract is hereby amended to compensate the GRANTORS for the existing landscaping elemenRs that will be destroyed or otherwise removed to accommodate the construction of the sewer line. The compensation amounts listed below are based upon bids provided by the QRANTOR and represent the total compensation for the replacement of the listed items. Purchase and installation of the da-ese items is the sale responsibility of the GRANTOR.1`his compensation is above and beyond the compensation for the temporary and permanent easements detailed in the contract being amended by this addendum and shall be paid upon the completion of the work. Fencing $2,900 Sod $1,200 Sprinklers $1,9130 Shrubs, trees, plasters $7,9~ Total 513,900 IN WITNESS WHEREOF, the parties have executed this contract the day and year first above written. cITY ol~ M>~RmIAx By: Tammy de Weerd, Mayor Attest• • Jaycee Holman, City Clerk Date Approved by Council• I?ate:.~. / /~ "~~ No. 051f$ t _ cH o _ «~. • n. w. ~r a L t .40.8? ~3'CC) ... _-- e t { t ~~ ~ /d'~~ INS`fALLED • C3`~ Wf I l~n 1~~~ - - l l.Lis t. ~!~` f1041r ~ - y ' ' ~' ~ ~" ~ ~-- .. ~s /?r~tf~~ fIL. d41~' ~' ~`k ~ ~1 7x6 Premium ~ a Rai! © Master Rost ~ 7xs# a o a Ras v ~"-~' d 4x4 Premium D 4x4 Cedar Post O G]~ 4x4 #a Gi!` 2 3f8 ~esi Past PA~rMP~vT rl:RMS: ~~t~rt0•i-st/ lvosl:s: TOTAL. ~~"~ ~ ~, PAYMit?NT TXP~ a so onYS so~titt: as casF+ ~ ~tsontn~ ~ c nccxu~n- ACCEPTANCE 4F PROPt~.SAL The underaignen! customer accepts the fencing propose[ on the terms ertd oondidons as stht~ below. and e-9rees to pay the amount due fo frztr-kitn l3uUding Supply Co. as WenUfled below. and U any event no later than upon tx}ntpletton. Print rime: ~ r Signed: ~+ Ap vaaric w9! be patt~rited in a rice n~nn~ aaa b acmrdar~a vrhh surd pra~kes i ~• YOU. TtIR CtlBTOIAER. AID it~ep'OKS~I.ir FOR Ot3'rAtwlNO ALL t3t~Ki P@RittR& k ~ • f&S vra Prot be tam tkebte for any deniage ar exea Oast a<t>sY natta+a rive to und~nd its. : ~ YOU.'XttU CU870dli~t, Ate Rrsd3PONStBLR FOR LOCA7ttt®. $7At(UrO 6i CLEARINtiALL RENC£ ttNt~B. t ~ ~- F'k]S w61 rrot baste DmP~Y bourase we put tits r whwa you a~ amt PcoAeriy awnere di~Cf. i r Mate Or less araterlafe otlret than the an~a1M ror w81 be debited Or at cwrettt price t ~ b. worts to be in reas~ie amonM+af thne gtean drams d job and pnsvalWg bbar availsbRiy ~ i • Tfds P e ttnpt aacap~d by ~ above vin 30 dayatYOm p~oposat date. i -y_ ~ • FENCE PROP4S,AL. . 417A0 r-rang, >t~r,, ~. td~o a~as P~~z-assn. r-axe-oars ©ate of Proposal i~ l eg t~ ~ rzci ~tttis • • ~.~. 5615 Wes# Chinden Blvd. Meridian, Idaho 83646 $S4-Zfi94 I NAME/ADDRESS i Keeton, Ron 1415 Kimra Meridian Id 83842 lEstimate DATE ESTIMATE NO. 10/i 5/2808 1225 PROJECT DESCRIPTION QTY COST TOTAL Install x400 sq ft of sod 2,400 0.50 1,200.E Finegrading/dirt work 800.00 800. 1S yards of Top Soil installed far the garden areas 1 S 42,50 837,50 Install I b Raihaad ties for the garden 855.00 655. Repairs to the sprinkler system. Install 3 new 1,855.00 1,855. zones and a ~- tie-into the city water sappiy. S Yom' qty Install Trees and Shrubs, price inch installation 0.00 0.00 Cl Yom' qty) 3" Forest pansy I 700.00 700.00 S gallon red twig dogwood 1 80.00 .80.80 15-1 gallon plants - mire ZS 20.00 300.00 S gallon Iliac 1 50.00 50.00 , S gallon ba><beny 1 50.00 50.00 " 5 ~~ 1 50.00 50.00 5 gallon rye 1 60.00 80.00 3" sweetgum 1 800.{10 bt10.00 1" maple i 150.00 I50.00 This estimate is gaud for 9fl days ~ ~ TOTAL i; Pale 1 . ~ • ~. ~. 5615 UVest Chinden Blvd. Meridian, Idaho 83646 ~ NAMEJADDRESS ~ Keeton, Ron 1415 Kimra Meridian Id 83642 Estimate DATE ESl'1MATE NO. 1011 S/2488 1225 PROJECT DESCRIPTION ~1l'Y COST TOTAL 1 ~ ~p~ 5 8allon Gold star Fawnymous 1 1 100.80 50.00 400 100.00 50.00 0.00 a.c~o o.oo Repair the potatoa garden area, new railro~l ties, . top soiUcompost and labor Repavln~place 22' ofKeystone retaining wall/ -1.,1~ ,.~ ~,~88:~. includes top soil, Meeks and labor Land~ape Boulders for a retaining wall in the front . yard .$7,` •~ This estimate is good for 90 days TOTAL $ , 2.so ~~ P8g8 a • • ITARY SEWER EASE THIS tNDENTURE, effective this .,~~ daY of ~in~ins a marlin add ss of Ronnev Keeton and Ka#hr~(n Keeton a married r~uglle., who 9 1415 W Kimra St~ Me ian• iD 83Q42. h®reaffer referred to as aGRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Broadway Av®nue, Meridian, Idaho 83642, hereaiter referred to as "CITY". WITRIESSETH: WHEREAS, the Grantor desires to provide a sanltarysewer right-of~nray acxoss the premises and property hereinafter particularly bounded and described: and WHEREAS, the sanitary sewer is to ~ 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 CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable c~nslderatlon, the Grantor does hereby give, grant and convey unto the CITY the right-ofa~uay for the perman®nt and temporary construction easements for the construc~on, opera~on and maintenance of a sanitary sewer pipeline over and acxoss the following described property: SEE ATTACHED EXHIBITS A 1, A 1.1, B-1, and B-1.1) The a~rmanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer pipeiine and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temoararv construction ~sement is for the purpose of construc~on of a sanitary sewer pipeiine and rela#ed inciden#al work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanrent easement and nigh#-of-way unto the said CITY, its successors and assigns forever. 1. !T IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the C1TY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement including fencing. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brash placed within the arse described in this permanent easement. Page 1 of 3 SANITARY SEWER EASEMENT • 2. HOLD HARMLESS, In consideration of allowing Grantee to perform work on and/or operate within the said described parcel, Grantee expressly agrees to indemnify, save and hold harmless Grantor, it's successors and assigns, against any and all claims, suits, demands, actions, debts, injuries m persons, and damages to property, damages, costs, charges, and expenses, induding all court cost and attorneys fee, and against any and all liability, fosses and damages of any nature whatsoever, the "Damages° that Grantor shah or may at any time sustain or be put to by reason or as a result of Grantee performing, working on and/or operating within the here in above described parcel; provided that the damages are not caused by the negligence or other breach of legal duty by Grantor. THE GRANTOR(S) do hereby covenant and agree that they will not plate or allow to be placed any permanent s#ructures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes sta#ed herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful daims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and y®ar first hareinabove written. STATE OF IDAHO) ~. County of Ada ) On this ~~ day of , 2009, before me ~~ Neu ti • 3~~ !s!~~.~ personally app on t and Kathryn Keeton, proved to me on the basis of satlsfac#ory ®videncx~ to be the ns whose names Is subscribed to the within instrument, and advrawiedg at they execute~he same. 'ARY PUBLIC FOR SANITARY My Commission Expires Page 2 of 3 • • Beneficiary: CITY OF MERIDIAN By: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clark Date approved by Council: Page 3 of 3 SANITARY SEWER EASEMENT EXHIBIT A-1 Project: 10-08-043 Date: September 30, 2008 LOT 6 PERMANENT EASEMENT PARCEL DESCRIPTION A partfon of Lot 6, Block 5, of Crest Wood Estates Sulxiivfsian Na. 4 as recorded under the officfal retards of Ada County, Idaho, Book 56, page 5239 `within the Northwest'/+ of the Northwest'/a of Section 13, Township 3 North, Rang~~~ ~ ~~ ~~~• Ada County, Idaho, as shown an the attached exhibit drawing and more partfcularly d Commen ong South 22°06149° West~175.00 feet ° tPhOe Souherly boundary of said lot the Easterly boundary of said f , thence along the Southerly boundary of Lot 6, North b7°53'11" west, 10.00 feet; thence along a line parallel ta, and 10 €eet Westerly of the Easterly boundary of said lot, North 22° Ob'49" East, 175.00 feet to the Northerly boundary of Lat 6; thence along said boundary, South 67° 53'11" East, 10.00 feet to the POINT OF BEGINNING. Containing 0.040 acres, more or Eels. END OF DESCRIPTION Prepared by: J-!!-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. a ( 8575~'j(~ ~ o i~. RMHahc P:~BRVN10•~-043 • MerkStan Ten MM Creek Sewer Crass~g Ph 2t1Q-Q8-443 -Easement Da~10-08 043-PermEase-Lotb.dac • • ~? 5 1 /{+ 1 "` `S~ _ ~ sr .~~ ~` y -_ i -S, ,` SfiT53'11 "E P.O.B s~ 10.00' _ i s ~, j BLOCK 5 ~ 7 ~"S t ` ~ ~ ``'S •. ~ ono h' n a ~ s~xos'49"W ~ 175.00' N. ~ `~ Nfi7'53' 11 "W ~'\~ ~~ 10.00 S ALE: i "- ' ^J rr.,(~7~.G~fi JG7~G~T•IIPGMGI~1 yr .r..re• CFIEST WOOD ESTATES {yo. 41AT 8. BLOCK 8 _ ~ • EXNIBiT B-1 Project: 10.08-043 Date: September 30, 2008 LOT 6 TEMPORARY EASEMENT PARCEL DESCRIPTION A portion of Lot b, Block 5, of Crest Woad Estates Subdivision No. 4 as recorded under the official records of Ada County, Idaho, Book 5b, page 5239 within the Northwest %+ of the Northwest'/a of Section 13: Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit drawing and more particularly described as follows: Commencing at the Northeast comer of Lot b; thence along the Northerly boundary of said tot, North 67° 53'91" West, 10.00 feet to the POINT OF BEGINNING; thence South 22° Qb'49" West, 175.00 feet to the Southerly boundary of Lot b; thence along said boundary, North bl°53'11" West, 11.74 feet; thence North 24°48'18" East, 105.12 feet; thence North 22°06'49" fast, 70.00 feet to the Northerly boundary of Lot b; thence along said boundary, South bl°53'11" East, 6.80 feet to the POINT OF BEGINNING. Containing 0.033 acres, more or less. ENp OP DESCRIPTION Prepared by: .1-tl-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH:Ehc p:~BRW110-o8-Q43 - N~ridian 'ren Mite Creek Sewer Crossing PFr 2110-QB-o43 - Easert+ent Oocs\10-x8.043 TemPEase-LotS.doc • 5 N2~06'49°E 70.00'`1 / . ~ R,Q ,, 'S ST ~~~ ~ ~~ ~ ~~ S67'53' 11 ~E / `~ s,, s.ao' .., S.~ P.O.B 6 ~ BLOCK 5 ,~ ~ ~, ono ~c~' ~ l w 4~ ^~• e~~ ';- / ~ ~p~ i b i N. .S ` / •. -,~ ~ `` ~s ~ .~ ~ N6?'53' 11 "W ~ `~ ~ 11.74' ~` ~ ~ ~ ~.. ~as~~ '"r 9I3d~ S ALE: 1 °_ ~......... _ ... 1 pus ~ a~ TEMPORARY s~w~ r.-AS~N,r •~• cRE3T W0~ ESTATES tJo. 4 LOT B, BLOCK 31 1 • ADA COURITY RECORDER J NAYARRO AMOUNT .QO 9 BOISE IDAHO 02/13109 09: DEPUTY Vlc~ Allen ii `` I RECORDED-REQUEST OF ~II I'II'~'`II~~~,~IIII1'~9~III~'t'~ Meridian Cliy This sheet has been added to document to accommodate recording information. SANITARY SEWER EASEMENT ~ day of ~ 2 2009 by the undersigned y~o aintains a mailing address of THiS INDENTURE, effectiveKeeton a m rr'ied COU le' as ~GRANTOR° for the 0 Ronne Keeton and Kath W Kimra St• Meridian ID 83642,reafter referr after oration of the State of Idaho that mae~eITed 1415 of Meridian, a municipa rP benefit of the City f 33 East Broadway Avenue, Meridian, ldaho 83642, here a mailing address o to as "CITY" W ITNESSETH: sewer right of-way across the W HEREAS, the Grantor desireas to Provide a san arY ' fter articularly bounded and described; and premises and proPe~y harem war is to be provided for through an underground WHEREAS, the sanitary ~ others; and pipeline to be constructed by said pipeline from time to HEREAS, it will be necessary to maintain and service W lime by the CITY; the Grantor, FORE, in consideration of the benefits to be received by ive, rant NOW, THERE the Grantor does hereby g 9 and other good and valuable consideration, for the permanent and tempore-Y and convey unto the CITY the right of-way oration and maintenance of a construction easements Yep and a noes the follownng described property: sanitary sewer pipeline o SEE ATTACHED EXHIBITS A 1, A 1.1, B-1, and B-1.1) ranted is for the purpos® of construction and i aline and allied facilities, together with The ermanenae sanitary sewer P P 'enc~ of the CITY, with the free operation of maintenance, repair and rep~a~ a any and all times. right of access to such face stru tion easement is for the purpose of cons ~~str c ion The tam ore con Hite sewer pipeline and related incid~eotai~w~~act erminates. ry sa ry easement shall expire when the constru nt and right of-way unto the TO HAVE AND TO HOLD, the said P®~anent easeme said CITY, its successor's and assigns forever. EED b and between 1 IT IS EXPRESSLY UNDERSTM~ ~nS~~~g and in making future the parties hereto, that the a lace and restore the premises to a repairs, will expediently P such condition comparable to that e~~®t i~C~uding fenc ng. kHo ever, instruction, repairs and replacemen lacing or restoring the CITY will not be re epo ~a~ggetrees or brush P~ ~d thin the area any permanent strvctu , described in this permanent easement. page 1 of 3 SANITARY SEWER EASEMENT ~°-~ - _ / .. ~ / s, ~ l ` 1 ~~ __ fij ~ ~ . --~.. S6T53' 11 ~E ~ s~ ~ .~ 6.80' ~ ~ s 5 _ P.o.B ~`~r N22'06'4 70 6 / BLOCK 5 ~ 7 ~' o`° °~ / ~ ^h N^ / ~w ~N / a / ryo~ ~ 2 / / ~ ~~ S ~ ~ ~`~ ~~ .L 11.74 ~ (~ 85• ',~ ~- _ ._ SCALE: 1 "= 0' N. tu+~~~ i o- i . ~ 1 OF TEMPORARY SEWER EASEMENT 1 CREST WOOD ESTATES No. 41AT 6, BLOCK 51 • January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT REQUEST order No. ITEM NO. 5'G r„n+rn~t fnr wastewater Treatment Plan SCADA Automation Task 10003 with DC 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 OFF{CE: ,Inc. for X75,000.00 COMMENTS gee attached OTHER: Date• Phone: Contacted: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdtan. Memo To: Keith Watts, Purchasing Manager; Kathy Wanner, Accounting Specialist From: Clint Dolsby, P.E., Interim City Engineer CC: Tom Barry, Public Works Director Date: 01 /26/2009 Re: Proposed Agenda Items for February 3, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 3 City Council agenda, under Consent Agenda, for Council's consideration: 1. Wastewater Treatment Plant SCADA Automation Task Order No. 10003. DC Engineering, Inc. has been selected to assist in the implementation of automation of the wastewater treatment plant control systems. These services include installation of electrical wiring, devices and programming necessary to allow the plant to operate in an automated condition under normal operation. DC Engineering, Inc has submitted a task order, scope of work, and budget for the engineering services and 000. This is an implementation. They propose to complete the work for $75, roved b Ci extension of the miscellaneous wastewater services agreement app Y ty Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects and will be charged to accounting code 3590- 96170. Recommended Council Action: contractbfor therWast water Treatm nt ,Plant that City Council approves the SCADA Automation Task Order No.10003 with DC Engineering, Inc for $75,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 1 • • E-/VGf/VEERfN~ December 3, 2008 Mr. Clint 1?olsby City of Meridian Public Works Meridian City Hall 33 East Broadway Avenue Suite 200 Meridian, ID 83642 Subject: Meridian Waste Water Treatanent Plant SCADA Automation Task Order' 440 E. Corporate Drive Sulbe 103 Meridian, Idaho 83642 Phone: 208.288.2181 Fax: 208.288.2182 Mr. Dolsby, Thank you for the opportunity to provide you with iris proposed task order to complete the automation of the W W'IP. 'The following is our proposed Scope of Service based on the SCADA report provided to you on Oct. I ~ 2008. Task Order Understanding We understand that this task order will pxavide services to implement the automation of the W WTP' control systems as outlined in the SCADA report. Those services included installation of electrical wiring, devices, and programming necessary to modify existing control schemes which will allow the plant to operate in an automated condition during normal operating conditions. The system also takes into consideration automatic re-start after the loss of power and providing and implementation of redundant SCADA computers to eliminate the existing possible single paint of failure. The task order inchades a new laptop that will be capable of accessing the SCADA system from off site for monitoring plant status and alarms by administration and on call personnel. ~'~~ Provides and screen requirements. • Meet with plant staff to coordinate SCADA securim cAnttol panes to allow for both automated • Install new switches and modify electrical wiring and manual override. Coordinate PLC interface with new equipment and system integration. Complete the PLC programmming as required. • Complete the WonderWare and SQL Server programming• • Commissioning and testing on an individuai and site basis. Setup and programtriing for 3 new PC's and one laptop. off site access • Ordinate with floe City Public Works anti W WTP l~so>mel regarding requirements for security acid plant HMI interface requiremerns. Provide SCADA training for plant staff upon completion ofproject. Custom Electric will be subcontractor anti bill directly to the City (fees included) Deliverables DC Engineering • e Electronic copies of all PLC and WonderWare programs used for the PTO~~' • Hard copies of all PLC programs used for the project. 4 new programmed computers to interface with the SCADA system. • New(Upgrade Wonderware licenses necessary for networking new PC's e Testing and training on all new automated systems. Fee ~~~ Services for Task Order No. shall~be co~mE~ under the conditions ZOcontain~ up ~e be Services Agreement between the City Bering defied anuary, completed on a time and material basis not to exceed $75,000.00 (Seventy Five Thousand Dollars). Thank you again for the opportunity to work with you. If you have arty questions, or require additional information, Please do not hesitate to ask. See attached breakdown for additional information. Sincerely, DC ENGINEERn~rG, P.C. ~„~ ~~~d, Lane Huddleston Owner CITY OF MERIDIAN By: Name: Mayor Tammy de Weerd Approved by City Council: [CORPORATE SEAL] Accepters by: ~,~tt I~~sb ~ Printed Name ~m ~ii'Y ~ro, anr' Title ~~Z$'O~i Date DC Enginesrin9 ~ ~ Attest Jaycee Holman, City Clerk Address for giving notices 33 East Idaho Ave. Meridian, ID 83642 Purchasing flC Engineering ~ ~ E'N,G/N~'ER/NG December 3, 2008 Mr. Clint Dolsby City of Meridian Public Works Meridian City Hall 33 E Broadway Ave Suite 200 Meridian, ID 83642 SubJect: Meridian Waste Water Treatment Plant SCADA Automation Task Order 444 E. Corporate Drhre SuNe 103 Merldlan, Idaho 83842 Phone: 208.288.2181 Fart 2.288.2182 Mr. IZolsby, Thank you for the opportunity to provide you with this proposed task order to complete the automation of the W WTP• The following is our proposed Scope of Service based on the SCADA report provided to you on Oct.1~ 2008. Task Order Understanding We undet~tand that this task order will provide services to implement the automation of the W WTP control systems as outlined in the SCADA report. Those services included installation of electrical wiring, devices, and programming necessary to modify existing control schemes which wil! allow the plant to operate in an automated condition during normal operating conditions. The system also takes into consideration automatic re-start after the loss of power and providing and implementation of redundant SCADA computers to eliminate the existing lx-ssible single point of failure. The task order includes a new laptop that will be capable of accessing the SCADA system from off site for monitoring plant status and alarms by administration and on call ~rsonnel. Services Provided • Meet with plant staff to coordinate SCADA security and screen requirements. install new switches and modify el~trical wiring in control panes to allow for both automated and manual override. nt and system integration. Coordinate PLC interface with new equipme • Complete the PLC programming as requrred. Complete the WonderWare and SQL Server programming. • Commissioning and testing on an individual and site basis. • Setup and programming for 3 new PC's and one laptop. Coordinate with the City Public Works and W WTP personnel regarding off site access requirements for security and plant HMI interface requirements. • Provide SCADA training for plant staff upon completion of project. • Custom Electric will be subcorrttactor and bill directly to dre City (fees included} Deliverables s used far the ect. • Electronic copies of all PLC and WonderWare program proj Hard copies of all PLC programs used for the project. ~ Engfn~rln9 4 new programmed computers to irrterface with the SCADA system. New/Upgrade Wonderware licenses necessary for networking new PC's Testing and training on all new automated systems. Fee Services for Task Order No.10003 shall be completed under the conditions contained in the Master Services Agreement between the City and I~ Engineering dated January, 2007. The project will be completed on a time and material psis not to exceed $75,000.00 (Seventy Five Thousand Dollars). Thank you again far the opportunity to work with you. If you have arr~+ questions, or require additional information, pleax do not hesitate to ask. See attached breakdown for additional information. Sincerely, Aceepted ~'' DC EN(}I~iEERIIJG, P.C. .y._-_C~..,.9 - .... David Cutbirth, PE ~ r/ ~ Pcitrted Name President ~~e,i,1n Cr~`i ~t„~„~Title ~1~Qlaq Die Owner CITY F MERIDIAN By: Name: Mayor T de Weerd Approved by City Council: ~`~ `:Z."`.' ! [CORPORATE SEAL] Atte _ Jaycee Holman, City Clerk = ~ ,°P ~O Address for giving notices '~%''q,(,± I,,~~~,;`~~~~~ 33 East Broadway Ave. Meridian, ID 83642 Porches' t7C Engineering i January 30, 2009 MERIDIAN CITY COUNCIL MEETING • February ~, 2009 ITEM NO. ~'~"~ APPLICANT REQUEST Contract for the Wastewater Conceptual Design for an Organic Waste Facility Task Order No. 10000 with CH2M HILL for $22,082.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Date• Phone: Contacted: Emailed: Staff Initials: Ma#erials presented of public meetiegs shall become property of the city of Meridian. . • ~ • . ~ ~ ~ - • Memo To: Keith Watts, Purchasing Manager; Kathy Wanner, Accounfing Specialist From: Clint Dolsby, P.E., Interim City Engineer CC: Tom Bany, Public Works Director Date: 01 /26/2009 Re: Proposed Agenda Items for February 3, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placed on the February 3 City Council agenda, under Consent Agenda, for Council's consideration: 1. Conceptual Desian for an Oraanic Waste Facility Task Order No. 10000. CH2M HILL has been selected to assist in the development of the City of Mendian's Biosolids Management Plan. This project will include a cost benefit and life cycle cost analysis for land application, incineration/biosolids drying, landfill disposal and composting as options for out long term biosolids disposal or reuse plans. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $22,082. This is an extension of they miscellaneous wastewater services agreement approved by City Council on the 12 of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects and will be charged to accounting code 3500-55103. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Conceptual Design for an Organic Waste Facility Task Order No.10000 with CH2M HILL for $22,082 and authorize the Mayor to sign it. 2. Odor Control Study Task Order No. 10002. CH2M HILL has been selected to perform an Odor Control Study for the wastewater treatment plant. This study will provide a review of treatment alternatives and enclosure options and recommend a course of action for odor control facilities at the wastewater treatment plant. CH2M HILL has submitted a task order, scope of work, and budget for the engineering senrices for this work. They propose to complete the work for $17,882. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Senrices for • Page 1 • • TASK ORDER NO. J.Q000 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered o toe ~~ bed condiC ns of th~e~MDaser Agr~m Rt (~'C'~ML'NT) for c (ENGINEER?, according t Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 10000. AlI other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF. the Parties execute below: . For CH2M HILd~c• , 3 dated this day of - ~ aM-~ , 2009. B ~ y' Title Name For City of Meridian dated this _ day of , 2009. By: 'Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk Approved By City Council: ~~ ~~~1 ~ ~~~~.s i ~ Attachment A Scope of Work Conceptual Design for an Organic Waste Composting Facility Project Understanding The project involves consultation on the development of anew co-composting facility for the City of Meridian. The City has a potential site just west of their wastewater treatment facility (western land area is approximately 1,250 ft x 600 ft; and 17 acres). The facility would •accept dewatered biosolids and landscape waste to produce a commercially valuable soil product. Compost will be the Primary Product, but other products like mulch and manufacritred topsail could follow, depending upon the final marketing strategy. The wastewater operations may also provide nutrient-rich effluent (containing nitrogen and phosphorus) to irrigate and enhance the composting process. Economics, product qualify, and odor control are the three primary success factors. CHZM HILL will provide a basis of design to address these success factors and show how the facility would look and operate within the potential site. The City of Meridian will use the basis of design report to explore partnerships and funding options within its planning process. Design Approach 'This project involves the cxeation of a conceptual design for an enclosed negatively aerated composting facility to process 2,000 wet tons per year of biosolids {19% solids} and suitable amendments to achieve an appropriate bulk density, porosity, and moisture content for effective composting. The enclosure is for protection from rain, snow, and thermal heat loss due to wind exposure. It is also for odor control during the first few' weeks of the process. The current peak biosolids rate is 111 wet tans per month (January, 2008: annualized to 1,337 wet tons per year for facility sizing}. Assuming' a 2% growth rate in annual tonnage the compounded increase in tonnage rate in the twentieth year will be 2,000 wet tons per year. The biosalids will be amended with landscape waste, wood waste, and screening "overs" generated within the composting operation from the final screening phase. These amendments ~e obic om ast~n ~ a aceur.~ S pplemental nutrient-rx'ch efflusent ~ to allow rapid and p g CUPYRIGHI' 24~ BY C112M HILL, INC. • CDMPANY CONFIDENTWL • • assumed to be added to the feedstock at a maximum rate of 30,000 gallons per month {at a maximum biosolids rate of 1b7 tans per rnanth at 19% solids). The basis of design will include a concept design that shows truck weighing, material receiving, feedstock preparation, primary composting, secondary composting, aging, screening, final product storage, stormwater control, and operations support (shop, administration, employee facility, and machinery maintenance). Scope of Work 1. Review client information including biasolids production and characteristics. 'This will include a review of the proposed site (land area) and a one day meeting with City at the site to identify preferred location, existing utilities, ingress, egress, and surrounding land. uses. This will involve two project team members, including Jan .Allen, our subconsultant, and a Civil Engineer from the CH2M HILL Boise a#fice, as well as a representative from Sanitary Service who has experience at a similar facility in Moscow, Idaho. 2. Review mass and volume balance with City to confirm biosolids rate, facility life cycle, and effluent reuse rate. Discuss with SSC the amount of grass and woad material needed to mix with the City's biosolids. Prepare process design showing facility sizing, volumetric residence time, enclosure size, aeration rate, biofiltration for odor control, machinery sizing, and general sizing of each phase in the process. 3. Prepare a process flow diagram and conceptual site plan showing approximate dimensions of the site and relative size of each phase. 4. prepare an odor control strategy which includes odor prevention, capture, and control to m;,,;~e nuisance odor at the facility. This strategy will summarize the causes of nuisance odors in composting as well as design and operational best management practices to,,,;nin,i~e odor. 5. Prepare a compost product marketing strategy to show how the finished product can be sold, what will be the recommended product specification, who will be the target market, and what the pricing strategy should be. Avoided costs such as landfilling costs or saved operating costs by the Parks and Recreation Department will be specifically addressed. 6. Prepare a construction cost opinion associated with the conceptual site plan: This cost opinion is intended for planning purpases• The methods used to prepare the estimate include a number of tools and assumptions. Some examples of estimating tools would be cost curves, capacity curves and factors, scale-up factors, and parametric and modeling techniques. Some examples of assumptions would be labor and material costs, competitive market conditions, site conditions, project scope, implementation schedule, staffing, contingencies, special engineering, and other variable factors. 7. Use the cost opinion and machinery sizing to model amortized capital casts, operating cos ~, aandsheet showing the break even cost per ton of input and per we pro forma type sp ton of biosolids. COPYRIGHT 2~9 8Y CH2M HQ.I., INC. • COMPANY CONFlOENTIAL • $. Prepare a life cycle cast analysis over a 15 year period using a nominal 4% interest rate, for biosolids disposal alternatives including composting, landfilling, ton. incineration, drying, and land application. Costs will be reported in $/.dry This memo will rely on some information from Sanitary Service, who provides local recycling services. We value their experience and willingness to assist on this conceptual design, including a willingness to explore apublic-private partnership in the area of organic waste recycling. As a result of the Moscow facility (designed by CH2M HILL} they have an operating company doing business as Clearwater Composting LLC, a technology licensee of CH2M HILL. Specifically # forcedaaeratr~,~erated pavanementrand biofiltration~M HILL technologies in the areas o 'This is not a feasibility study to predict financial return-on investment or economic performance. Otu' work product is a conceptual basis of design memorandum and the wark product is limited to providing a reasonable opinion of productivity based on our experience. The report is not intended to be a business plan ar economic feasibility study for the prediction of the commercial viability. Special internal Procedures and approvals are required for us to agree to provide an economic feasibility study If a client requests such an economic feasibility shady this carries mare risk to CH2M HILL and therefore must be priced to fully address the costs and risks therein. This would include but not be limited contractual limitations, report deers' and Peer revrew of the work product. Assumptions and Limitations The unimproved site will be graded and paved sa it can withstand repetitive front end loader activity. It will also have a runoff system that quickly removes rainfall from the working surface. Permit applications, meetings, and liaison with agencies are not included iln the work scope at this time due to the unknown level of effort involved. Any and all applicable fees, assessments, permits, engineering calculations, plans, taxes {whether sales, eXp~, property, use or other taxes) are not part of this scope. No analytical odor evaluation, measurement, modeling, or odor panel work is included in the proposed approach and scope of work. Utilities, e.g. Power, water, wastewater, stormwater, telemetry, etc., are assumed to already exist at the site. Motor horsepower for each motor will be specified but no power distribution design is necessary due to the simplicity of the work. No surveying is included in this scope of work. It is assumed the site has adequate soil strength to support the proposed improvements. If poor soil conditions exist additional scope of work to thoroughly address geotechnical issues will need to be agreed upon with City of Meridian. No condensate or wastewater systems are included in this design and these flows are assumed to be drained to the existing wastewater treatment headworks. Kemote control and monitoring of the system by modem and computer connection is not included in this design ar this agreement. Public hearing attendance, conununity relations, or other similar services are not included in this scope of work. Specific Exclusions: a All geotechnical investigation, design, foundation design, and field work b. All permitting, permit applications, and permit correspondence c. All utility investigations, rates, service requests, anal utility correspondence CpPYFIIGIii' ~ BY L'HLM WILL, INC. • COMPANY CQNRDENTIAL d. Characterization of wastewater, effluent, and biosolids e. Services during construction f. Preparation of plans, specs, or bid documents g, Stormwatex design h. Surveying i. Public hearings or meetings j, Demolition and J or disposal plan for any existing waste or onsite materials k. Remedial or contamination investigation or remediation plans i. All field work {this is a desktop study) Attachment B Compensation Period of Performance: The period of performance will be from January. 2009 through May, 2009. Level of Effort and Deliverables: CH2M HILL will provide labor and materials necessary to perform a desktop study for the City. The deliverables associated with this work is a conceptual design memorandum. Project Eudget: A not to exceed budget of $22,082 is established for this scope on a time and materiai basis. Terms of this scope of services are in accordance with the Standard Agreement for Professional Services between City of Meridian and CHZM HILL dated January 1, 2407• OOPYRICkH'f 2009 BV CH2M HILL, lNC. • COMPANY CCNFIDENTUIL • • TASK ORDER NO.10000 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HII.L, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M I~II.I-, Inc' (ENGINEER), according to the terms and conditions of the Master Agreement (AGE) for Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 10000. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. dated this n~ day of ~ , 2009. By: Name Title For City of Meridian dated this day of .2009. ,,` ,,.rr.uu,!!!!li~i ~i Tammy de rd, Mayor : = ~ Fo Attes Jaycee Holman, City Clerk ~ ,~~o` A roved By City Council: a-~~ ~C~d '%,90 ~~T t8~ . ~pQ'~~. PP Pu acing blic Works • (®~'~ill-I~LL Attachment A Scope of Work Conceptual Design for an Organic Waste Composting Facility Project Understanding The project involves consultation on the development of anew co-composting facility for the City of Meridian. The City has a potential. site just west of their wastewater treatment facility (western land azea is approximately 1,250 ft x 600 ft; and 17 acres). The facility would accept dewatered biosolids and landscape waste to produce a commercially valuable soil product. Compost will be the primary product, but other products like mulch and manufactured topsoil could follow, depending upon the final marketing strategy. The wastewater operations may also provide nutrient-rich effluent (containing nitrogen and phosphorus) to irrigate and enhance the composting process. Economics, pry ess facto~~ and odor control are the three primary CH2M HILL will provide a basis of design to address these success factors and show how the facility would look and operate within the potential site. The City of Meridian will use the basis of design report to explore partnerships and funding options within its planning process. Design Approach ~ a ~~~.~ ~ ~. ~ r ~. ~ . +k" , 1 4 ~ ,.` g •~ s Fes` ~~ ~ . ~ t o ~: ~' ,t~~ ; ~. x f ~~~.~~ ~; .~'~ - ~"~~; ~ ~ ~. L ~, i. k3~.~ '~~G '34 S 1 / ~ ~ Jr.: ~ `` ~ ~. f ~' ~ ti~ Y ~-r . <r~ 'iC "~ ~,a, FX h ~i __ 'T`his project involves the creation of a conceptual design for an enclosed negatively aerated composting facility to process 2,000 wet tons per year oorosisoliand(1~o ~ds oaneil f amble amendments to achieve an appropriate bulk density, p ty. effective composting. The enclosure is for protection from rain, snow, and thermal heat loss due to wind exposure. Tt is also for odor control during the first fe 2008 azinualized t ~ The current peak biosolids rate is 111 wet t ~~~g n~ Q~ uarY, a 2% owth rate in annual tonnage 1,337 wet tons per year for facility sizing}. the compounded increase in tonnage rate in the twentieth year will be 2,000 wet tons per year. The biosolids will be amended with landscape waste, wood waste, and screening "ovens" generated within the composting operation from the final screening phase. These amendments will adjust the density, porosity, and moisture content of the feedstock to allow rapid and aerobic composting to occur. Supplemental nutrient-rich effluent is COPYR1fiFIT 26~ BY CH~II }pLL, INC. • COMPANY CfltJFIDENTIAt assumed to be added to the feedstock at a maximum rate of 30,000 gallons per month (at a maximum biosolids rate of 167 tons per month at 19% solids). The basis of design will include a concept design that shows truck weighing, material receiving, feedstock preparation, primary composting, secondary composting, aging, screening, final product storage, stormwater control, and operations support (shop, administration, employee facility, and machinery maintenance). Scope of Wortc ~ Review client information including biosolids production and characteristics. This will include a review of the proposed site (land area) and a one day meeting with City at the site to identify preferred location, existing utilities, ingress, egress, and surrounding land- uses. This well involve two project team members, including jan Allen, our subconsultant, and a Civil Engineer from the CH2M HILL Boise office, as well as a representative from Sanitary Service who has experience at a similar facility in Moscow, Idaho. 2. Review mass and volume balance with City to confirm biosolids rate, facility life cycle, and effluent reuse rate. Discuss with SSC the amount of grass and 'wood material needed to mix with the Cit}~s biosolids. Prepare process design showing facility sizing. volumetric residence time, enclosure size, aeration rate, biofiltration for odor control, machinery sizing, and general sizing of each phase in the process. 3. Prepare a process flow diagram and conceptual site plan showing approximate dimensions of the site and relative size of each phase. 4. Prepare an odor control strategy which includes odor prevention, capture, and control to m~n;m;~e nuisance odor at the facility. 'This strategy will summarize the causes of nuisance odors in composting as well as design and operational best management practices to IILn~*n»e odor. 5. Prepare a compost product marketing strategy to show how the finished product can be sold, what will be the recommended product specification, who will be the target market, and what the pricing strategy should be. Avoided costs such as landfilling costs or saved operating costs by the Parks and Recreation Department will be specifically addressed. 6. Prepaze a construction cost opinion associated with the conceptual site plan. 'This cost opinion is intended for planning purposes. The methods used to prepare the estimate include a number of tools and assumptions. Some examples of estimating tools would be cost curves, capacity curves and factors, scale-up factors, and parametric and modeling techniques. Some examples of assumptions would be labor and material costs, competitive market conditions, site conditions, project scope, implementation schedule, staffing, contingencies, special engineering, and other variable factors. 7. Use the cost opinion and machinery sizing to model amortized capital costs, operating costs, and revenues on a year to year basis. This will be presented in a pro forma type spreadsheet showing the break even cost per ton of input and per wet ton of biosolids. CQPYRI(iHT 2Q~ BY CH2M H1L1, INC. • COMPANY CONFlQEMtAL • g, Prepare a life cycle cost analysis over a 15 year period using a nominal 4% interest rate, for biosalids disposal alternatives including composting, landfilling, ton. incineration, drying, and land application. Costs will be reported in $/dry This memo will rely on some information from Sanitary Service, who provides local recycling services. We value their experience and willingness to assist on this conceptual design, including a Tn-ill~ngness to explore apublic-private partnership in the area of organic waste recycling. As a result of the Moscow facility (designed by CH2M HILL) they have an operating company doing business as Clearwater Composting LLC, a technology licensee of CH2M HILL. Specifi~as of forced aeration, aerated pavanementsand bi.ofiltralaonH~ HILL technolog~.es m the are 'This is not a feas~ility study to predict financial return on-investment or economic performance. Our work product is a conceptual basis of design memorandum and the work product is limited to providing a reasonable opinion of productivity based on our experience. The report is not intended to be a business plan or economic feasil~ility study for the prediction of the commercial viability. Special internal procedures and approvals aze required for us to agree to provide an economic feasibility study. If a client requests such an economic feasibility shady this carries more risk to CH2M HILL and therefore must be priced to fully address the costs and risks therein. This would include but not be limited contractual limitations, report disclaimers, and peer review of the work product. Assumptions and Limitations The unimproved site will be graded and paved so it can withstand repetitive front end loader activity. It will also have a runoff system that quickly removes rainfall from the working surface. Permit applications, meetings, and liaison with agencies are not included in the work scope at this time due to the unknown level of effort involved. Any and all applicable fees, assessments, permits, engineering calculations, plans, taxes (whether sales, excilse, property, use or other taxes) are not part of this scope. No analytical odor evaluation, measurement, modeling, or odor panel work is included in the proposed approach and scope of work. Utilities, e.g. power, water, wastewater, stormwater, telemetry, etc., aze assumed to already exist at the site. Motor horsepower for each motor will be specified but no power clistdbution design is necessary due to the simplicity of the work. No surveying is included in this scope of work. It is assumed the site has adequate soil strength to support the proposed improvements. If poor soil conditions exist additional scope of work to thoroughly address geotechnical issues will need to be agreed upon with City of Meridian. No condensate or wastewater systems aze included in this design and these flows are assumed to be drained to the existing wastewater treatment headworks. Remote control and monitoring of the system by modem and computer connection is not included in this design or this agreement. Public hearing attendance, community relations, or other similaz services are not included in this scope of work. Specific Exclusions: a ~ geotechnical investigation, design, foundation design, and field work b ~ permitting, permit applications, and permit correspondence c. All utility investigations, rates, service requests, and utility correspondence COPYRIGHT 261 BY CH2M HILL, INC. • COMPANY CONFlDENTIAI. d. Characterization of wastewater, effluent, and biosolids e. Services during construction f. Preparation of plans, specs, or bid documents g. Stormwater design h. Surveying i. Public hearings or meetings j. Demolition and/or disposal plan for any existing waste or onsite materials k. Rennedial or contamination investigation or remediation plans 1. All field work (this is a desktop study) Attachment 6 Compensation Period of Performance: The period of performance will be from January, 2009 through May, 2009. Level of Effort and Deliverables: CH2M HILL will provide labor and materials necessary to perform a desktop study for the City. The deliverables associated with this work is a conceptual design memorandum. Project Budget: A not to exceed budget of $22,082 is established for this scope on a time and material basis. Terms of this scope of services are in accordance with the Standard Agreement for Professional Services between City of Meridian and CH2M HILL dated January 1, 2007. COPYRItiHT 2009 BY CH2M HW, INC. • COMPANY CONFlOENi1AL January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. 5'~ REQUEST Contract for Odor Control Study Task Order No. 10002 with CH2M HILL for $22,082.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initia{s: Materials presented at public meetings shall become property of the City of Meridian. Phone: • • TASK ORDER NO.10002 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered int eberms and conditions ofMtheRMaster Agrt (AC'~M~T~ fOr c. {ENGINEER), according to ~ Professional Services, dated January I, 2007. See Attachments A and B for the Scope and Fee for Task 10002 All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M I11LL, inc. dated this ~ day of , 2049. ~-- By: Name Title For City of Meridian dated this Clay of , 2409. By: Tammy de Weerd, Mayor Attest: Jaycee Halman, City Clerk Approved By City Council: ~,~.~ i~ • • Attachment A Scope of Services Odor Control Study Project Understanding The City of Meridian would like to control odors from the Headworks at theix wastewater treatment plant. This study will provide a review of treatment alternatives and enclosure options, and recommend a course of action for odor control facilities. Scope of Work CH2M HILL will perform the following tasks as part of this scope of work. Task 1-Project Management Project management includes project scoping, staff management, task coordination, monitoring project progress, preparing invoices, and overseeing project quality control. Task 2 Technology Evaluations Housekeeping, process configuration and odor treatment technologies will be reviewed. Housekeeping and process configuration items, including min;mt~ing weir drops, scum removal practices, minimi~i g turbulence, and screenings handling will be reviewed. Up to four odor control technologies will be evaluated. These include biofiltration (organic and inorganic}, chemical scrubbing, biological towers, and the Bioway Odor Control process. The criteria for evaluation includes: H2S removal efficiency, size of footprint, and estimated cost. Task 3--Enclosure Evaluation An analysis of the estimated cost of enclosing the Headworks with a building either of metal or masonry will be provided versus the estimated cast of covering the channel only. The results of the analysis will be included in the Preliminary Engineering Report submitted to IDE(~. Task 4-Evaluation Report An evaluation repork will be written that will summarize the analyses of Tasks 2 and 3. This report will be the sole deliverable for this project. Four copies of the draft report will be submitted to the City for review and comment. A meeting will. be held to discuss the results of the technology and enclosure evaluations. DC Engineering will Provide electrical engineering support for this report. i ~ Attachment B Compensation Leve! of Effort The task level of effort estimates are s,ymmari~ed in the following table. CH2M HILL has developed this level of effort estimate based on the woxk plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Aescrlptlan Total Task i Project Management $2~i55 2 Odor Control Technology Evaluation $6,509 3 Enclosure Evaluation $3=~5 4 Evaluation Report $5'443 Summary -All Tasks $17,$82 Schedule The schedule is listed below: • Draft report submitted to City - 4 weeks after NTP • TASK ORDER NO.10002 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered 'unto by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. {ENGINEER), according to the terms and conditions of the Master Agreement (AGR~ENIENT) for Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 10002. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WFIEREOF, the parties execute below: For CH2M HQ.L, Inc. dated this ~ "~ day of J~~ , 2009. By: Name Title For City of Meridian dated this day of 2009• 7 ..~~~~unrrrru By: de ~lVeerd, Mayor Atte t: iVV4 aycee Holman, City Clerk Approved By City Council: ~ , ,,, O,.~q-'-,,"~O _~'t is~ ' ~ Q`~O`.~~~ ~'~~...,...,rn uNt~~~~~~~ hastng <~ ~~~ Public Works r Attachment Q Scope of Services Odor Control Study Project Understanding The City of Meridian would like to control odors from the Headworks at their wastewater treatrnent plant. This study will provide a review of treatment alternatives and enclosure options, and recommend a course of action for odor control facilities. Scope of Work CHZM HILL will perform the following tasks as part of this scope of work. Task 1--Project Management Project management includes project scoping, staff management, task coordination, monitoring project progress, preparing invoices, and overseeing project quality control. Task 2 Technology Evaluations Housekeeping, process configuration and odor treatment technologies will be'reviewed. Housekeeping and process configuration items, including mininuzing weir drops, scum removal practices, mutimizing turbulence, and screenings handling will be reviewed. Up to four odor control technologies will be evaluated. These include biofiltration (organic and inorganic), chemical scrubbing, biological towers, and the Bioway Odor Control process. The criteria for evaluation includes: H2S removal efficiency, size of footprint, and estimated cost. Task 3--Enclosure Evaluation An analysis of the estimated cost of enclosing the Headworks with a building either of metal or masonry will be provided versus the estimated cost of covering the channel only. The results of the analysis will be included in the Prelinvnary Engineering Report submitted to IDEQ. Task ~-Evaluation Report An evaluation report will be written that will si,mmarize the analyses of Tasks 2 and 3. This report will be the sole deliverable for this project. Four copies of the draft report will be submitted to the City for review and comment. A meeting will be held to discuss the results of the technology and enclosure evaluations. DC Engineering will provide electrical engineering support for this report. Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Project Management $2,155 2 Odor Control Technology Evaluation $6,`x09 3 Enclosure Evaluation $3,775 4 Evaluation Report $5°`~ Summary -Ali Tasks $17,882 Schedule The schedule is listed below: • Draft report submitted to City - 4 weeks after NTP January 30, 2~9 MERIDIAN CITY COUNCIL MEETING February 3, 2009 ITEM NO. 5'~ APPLICANT REQUEST Contract for Tertiary Filtration Project Office Engineering Services Task Order No. lt~l with CH2M HILL for $147,507.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS See attached 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. • • Miscellaneous Wastewater Projects and will be charged to accounting code 3510- 92100. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Odor Control Study Task Order No. 10002 with CH2M HILL for $17,882 and authorize the Mayor to sign it. 3. Tertia Filtration Project Office En ineerin Services Task Order No. 10001. CH2M HILL has been selected to perform Office Engineering Services for the Tertiary Filtration Project at the wastewater treatment plant. These services will include the generation of as built record drawings, submittal, request for information, work change directive and request for proposal review as well as other services to verify that the Contractor's work is in substantial compliance with the contract documents. CH2M HILL has submitted a task order, scope of work, and budget for507. engineering services for this work. They propose to complete the work for $147, This is an extension of the miscellaneous wastewater senvices agreement approved by City Council on the 12"' of December, 2006 for the Engineering Senvices for Miscellaneous Wastewater Projects and will be charged to accounting code 3590- 96170. Recommended Council Action: The Public Works Department recommends that City Counrv' a~pspTask Ohder No.r10001 with CH2M'HtILL for $147 507~and Engineering Se authorize the Mayor to sign it. Thank you for your consideration. any of these items. Please contact me if you have any questions regarding • Page 2 • TASK ORDER N0.10001 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL" Inc• (ENGINEER}, according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007• See Attachments A and B for the Scope and Fee for Task 10001 All other terms anal conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute lxlow: For CH2M IBLLL, Inc. dated this ~- ~Y of '`-J'~'=``~""tj-----= ~ 2009. By: Name Title For City of Meridian dated this day of , 2009' By: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk Approved By City Council: ® • ATTACHMENT A SCOPE OF WORK Introduction CH2M HILL has completed the Bidding Documents for the Tertiary Filtration Project for the City of Meridian (Owner). CH2M HILL will provide Office Engineering Services as defined below. 'These services are intended to assist the Owner to administer the contract for construction, monitor the perf°rmance of the construction Contractor, verify that the Contractor's work is in substantial compliance with the contract documents, and assist the Ownez in responding to events that occur during the construction. These services are based upon the understanding that the Owner will contract directly with the Contractor and will be actively involved in the construction process to make decisions, provide approvals, and perform other actions necessary #ar the completion of the construction. These services are also based upon the Owner executing a contract for construction with the Contractar that is consistent with CH2M HILL's Agreement and with these services, and which provides the requisite authority for CH2M HILL to fulfill. its responsibilities• CH2M HILL is not responsible for job site safety of the Owner`s Contractor{s}. Scope of Services The following identifies the anticipated improvements to be included in the Tertiary Filters Project. « Filters 1,2 and 4 cloth disk filters • Filters 1 and 2 pump station Filter 4 Pump Station Plant Drain Pump Station Effluent Flume Metering Structure New Yard Piping Electrical and Instrumentation & Control: connect new facilities to existing systems. Miscellaneous site civil wozk. The following identifies specific tasks to be provided by CI~2M HILL for the project. Task 1-Project Management Provide overall project management including: Project Administration and coordination of Project Team (9 months) • • Quality Control/Quality Assurance • Monthly Invoicing and Reporting Review and make recommendations regarding progress pay estimates {10 pay estimates) for the constnzction contractor(s). Task 2 - preconstruction Meeting • Engineer will attend and conduct one preconstruction conference with the Uwner's representatives, contractor, subcontractor, suppliers, interested agencies, utility companies, etc. Task 3 -Submittal Review Review project submittals (maximum of 60 submittals) to confirm designer's intent and project requirements, including: • Submittals critical to the project Submittals that do not identify specific product types or model numbers Components requiring special fabrication or specialized design requirements • Submittals of specialized tests 5ubmittaLs confirming system performance and the designer's intent • Submittals for structural, mechanical, electrical, I & C systems, and specialized equipment Task 4 -Requests for Information and Change Orders • Respond to contractor "request for information and clarification" (maximum of 25) to interpret design questions and/or requirements. Prepare design clarification responses and field directives for all design topics as required. • Provide technical information for inclusion rtt change orders or requests for quotes. Review change order proposals. Assist in negotiating contractor costs. Task 5 - On-Site Services CH2M HILL will conduct periodic on-site observations of the Contractor's work as needed, for the purposes of dete+~~n~ng ~ the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor_ The overall anticipated level of effort is expected to average 2 hours per week for the duration of the construction work {9 months). Engineer's observations of the work is not an exhaustive observation or inspection of all work performed by the Contractor. Engineer does not guarantee the performance of the Contractor. Engineer's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract far construction, and Engineer shall not assume liability ~ eer obtain writtenen lans~from the ContractoOr for quality o trai of its assistance of the Engin P work, and will monitor the Contractor's compliance with its plan. Weekty construction meetings: Engineer will attend weekly construction meetings (36 meetings). Engineer and staff as appropriate will be on-site to observe start-up and c°miO~g' This is estimated at 12 hours per week for 2 weeks. . . Task 6- As-built Drawings Prepare project record drawings from rxtarked-up Plans fum'shed by the construchan contractor and Owner's (or Engineer's) an-site construction observer as required by IDEQ. These record drawings will be prepared by modifying the design drawings to reflect field changes made and recorded by the Construction Contractor and Owner's on-site construction obser~'or other as-construe cted informae tiara thant as not pr perly r representing field changes recorded by the Construction Contractor on-site construction observer. Furnish to the Owner two sets of paper print record drawings, and one electronic CADD file. It is anticipated that the construction of the Tertiary Filters Project will be completed over a 9 month period. Deviations from the anticipated schedule or duration of construction will materially affect the scope of these services and CH2M H1LL's compensation. The presence or duties of Engineer's personnel at a construction site, whether as periodic visitors, onsite representatives, or otherwise, do not make Engineer or Engineer's personnel in any way responsble for thane duties that belong to the Owner and Jor the Construction Contractor or other entities, and do not relieve the Construction Contractor or any other entity of their obligations, duties, and responsibilities. including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the caxtstru~ x~cautions ro~uired b suche construction Contract Documents and any health or saf p eCi Y construction work. Engineer and Engineer's personnel have no authority to exercise any control aver any Construction Contractor or another entity or their employees in connection with their work or any health or safety precautions and have no duty far inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the Construction Contractor or other entity or any other persons at the site except Engineer's awn personnel. The presence of Engineer's personnel at a construction site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform generally to the Contract Document and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Construction Contractor. Engineer neither guarantees the performance of the Construction Contractor, nor assumes responsibility fox Construction Contractor's failure to perform work in accordance with the Contract Documents. Task 7 -Miscellaneous Additional Services The following out of scope tasks have been performed: Structural Inspection of the Post Aeration Basin Influent VNall and subsequent redesign; Preliminary design of a Coagulation Building for bulk storage and feed of chemicals Design of New Effluent Metering Plume Structure • New 72 -inch diameter plant drain manhole ATTACHMENT B Compensation Level of Effort • The task level of effort estimates are s~snmari9ed in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the Uwner. Level of Effort Task Description Total Task 1 Project Management $15,794 2 Pn~onstruction Meeting $1,837 3 Submittal Review $40,952 4 Requests for InformatEon and Change Orders $19,238 5 On-Site Services $33,508 6 AS-built Drawings $5,998 7 Miscellaneous Additional Services ~ $30,000 Summary -All Tasks $147,507 All costs will be billed as time and materials basis not to exceed the value above. TASS ORDER NO.10001 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M H]LL, Inc. (ENGIlVEER), according to the terms and conditions of the Master Agreement (AGE) for Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 10001. All other terms and conditions of the original agreement will remain in full force and effect. IlV WITNESS WHEREOF, the parties execute below: Fvr CH2M HILL, Inc. dated this rt day of ~~G , 2(}Og. By: f~/~ Name Title For City of Meridian dated this day of 2pOg, `~~~~,, ~, i r r~ r r ~,,, t~,,~ BY~ ~ "~ /,y '~. T y d eerd, Mayor ,~` y ~~, C`''FO Attest: Holman, City Clerk 9~ $~ A roved B Ci Council: ~ ~~ Q~ ~`` PP Y tY ~• ~ 3 - a o09 ~,~~~ ``sT ,s~ -. e ~o unrrr ` ''~~////lltlnr nrnr`~~~~```` Purc a ' g C,- ~~, Public Works • • ATTACHMENT A SCOPE OF WORK Introductlpn CH2M HILL has completed the Bidding Documents for the Terhhary Filtration Project for the City of Meridian (Owner). CH2M HILL will provide Office Engineering Services as defined below. These services are intended to assist the Owner to admiivster the contract for construction, monitor the performance of the construction Contractor, verify that the Contractor's work is rn substantial compliance with the contract documents, and assist the Owner in responding to events that occur during the construction. These services are based upon the understanding that the Owner will contract directly with the Contractor and will be actively involved in the construction process to make decisions, provide approvals, and perform other actions necessary for the completion of the construtction. These services are also based upon the Owner executing a contract for construction with the Contractor that is consistent with CH2M HILL's Agreement and with these services, and which provides the requisite authority for CH2M HILL to fulfill its responsibilities. CH2M HILL is not responsible for job site safety of the Ownes's Contractor(s). Scope of Services The following identifies the anticipated improvements to be included in the Tertiary Filters Projec#. • Filters 1,2 and 4 cloth disk filters • Filters 1 and 2 pump station • Filter 4 Pump Station • Plant Drain Pump Station • Effluent Flume Metering Structure • New Yazd Piping • IIectrical and Instrumentation & Control: • Miscellaneous site civil work connect new facilities to existing systems. The following identifies specific tasks to be provided by CH2M HILL for the project. Task 1-Project Management Provide overall project management including: • Project Administration and coordination of Project Team (9 months) • • • Quality Control/Quality Assurance • Monthly Invoicing and Reporting • Review and make recommendations regazding progress pay estimates (10 pay estimates) for the construction contractor(s). Task 2 - Preconstruction Meeting • Engineer will attend and conduct one preconstruction conference with the Owner's representatives, contractor, subcontractor, suppliers, interested agencies, utility companies, etc. Task 3 -Submittal Review Review project submittals (maximum of 60 submittals) to confirm designer's intent and project requirements, including: • Submittals critical to the project • Submittals that do not identify specific product types or model numbers • Components requiring special fabrication or specialized design requirements • Submittals of specialized tests • Submittals confirming system performance and the designer's intent • Submittals for structural, mechanical, electrical, I & C systems, and specialized equipment Task 4 -Requests for Information and Change Orders • Respond to contractor "request for information and clarification" (maximum of 25) to interpret design questions and/or requirements. Prepaze design clarification responses and field directives for all design topics as required. • Provide technical information for inclusion in change orders or requests for quotes. • Review change order proposals. Assist in negotiating contractor costs. Task 5 - On-Site Services CHZM HILL will conduct periodic on-site observations of the Contractor's work as needed, far the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor. The overall anticipated level of effort is expected to average 2 hours per week for the duration of the construction work (9 months). Engineer's observations of the work is not an exhaustive observation or inspection of all work performed by the Contractor. Engineer does not guarantee the performance of the Contractor. Engineer's observations shall not relieve the Contractor from respons~ility for performing the work in accordance with the contract for construction, and Engineer shall not assume liability in respect for the construction of the project. Owner shall, with the assistance of the Engineer, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's compliance with its plan. • • Weekly construction meetings: Engineer will attend weekly construction meetings (36 meetings). Engineer and staff as appropriate will be on-site to observe start up and commissioning. This is estimated at 12 hours per week for 2 weeks. Task 6- As-built Drawings • Prepaze project record drawings from marked-up plans furnished by the construction contractor and Owner's (or Engineer's) on-site construction observer as required by 1DEQ. These record drawings will be prepazed by modifying the design drawings to reflect field changes made and recorded by the Construction Contractor and Owner's on-site construction observer during construction. Engineer will not be responsible for representing field changes or other as-constructed information that was not properly recorded by the Construction Contractor on-site construction observer. • Furnish to the Owner two sets of paper print record drawings, and one electronic CADD file. It is anticipated that the construction of the Tertiary Pilters Project will be completed over a 9 month period. Deviations from the anticipated schedule or duration of construction will materially affect the scope of these services and CH2M HIL,L's compensation. The presence or duties of Engineer's personnel at a construction site, whether as periodic visitors, onsite representatives, or otherwise, do not make Engineer or Engineer's personnel in any way responsible for those duties that belong to the Owner and/or the Construction Contractor or other entities, and do not relieve the Construction Contractor or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. Engineer and Engineer's personnel have no authority to exercise any control over any Construction Contractor or another entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the Construction Contractor or other entity or any other persons at the site except Engineer's own personnel. The presence of Engineer's personnel at a construction site is for the purpose of providing to Owner a greater degree of confidence that the completed work will conform generally to the Contract Document and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Construction Contractor. Engineer neither guazantees the performance of the Construction Contractor, nor assumes • responsibility for Construction Contractor's failure to perform work in accordance with the Contract Documents. Task 7 -Miscellaneous Additional Services The following out of scope tasks have been performed: • Structural Inspection of the Post Aeration Basin Influent Wall and subsequent redesign; • Preliminary design of a Coagulation Building for bulls storage and feed of chemicals • Design of New Effluent Metering Flume Structure • New 72 inch diameter plant drain manhole • i ATTACHMENT B Compensation Level of Effort The task level of effort estimates are c„mmari~od ~ the following table. CH2M HILL has developed this level of effort esiirnate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the Owner. Levet of Effort Task Description Total Task 1 Project Management $15,794 2 Preconstrudion Meeting $1,837 3 Submittal Review $40~~2 4 Requests for Information and Change Orders $19,238 5 On-Site Services $x.508 6 As-built Drawings $5,998 7 Miscellaneous Additional Services $30,000 • 11 Summary -All Tasks $147,507 r~u ~u~r.~ wut oe nulea as nme ana materials basis not to exceed the value above. n January 30, 2009 RZ 08-007 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT Eagle Spring Investments, LLC ITEM NO. 5-K REQUEST ®evelopment Agreement -Request for a Rezone of 5.91 acres from R-8 to R-15 zone for (Windham Place -east of North Meridian Road and East Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Development Agreement Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. ADA COUNTi(RECORDER J. pYARRO ABIOUNT .00 34 BOISE 1DAH0 OZ106fQ9 1x01 I~ RECO QED-REasuESr DF 11I IIpIIIlllllllllilll1111iI1I III III Meridian City i ~~~ 131 ~S DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian Z. Zachary A. Graves, Owner 3. Eagle Springs Investments, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and enterer into this ~~day of ~~ w~ , 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Zachary A. Graves, whose address is 267 E. Indian Rocks Court, Meridian, Idaho 83642, hereinafter called OWNER and Eagle Springs Investments, LLC, whose address is 6951 N. Duncan ]Lane, Boise, Idaho 83703, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner and Owner/Developer are the sole owners, in law and/or egwity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after refen~l to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awrittencommitmentconcerningthe use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-Sh3-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhri submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-15 (Medium-High Density Residentiah District} (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council,•as to how the subject Property will be developed and what improvements will be made; and DEVELOPR~~ENT AGP:EEIVJENT - WIl~TDHAM PLACE (RZ 08-OQ~ PAGE 1 OF 10 • 1.6 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subs~uently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 27th day of January, 2009, has approved City of Meridian Planning Department Staff Report, set forth in Exlu'bit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinaflerreferred to as (the Findings); and 1.$ WHEREAS, the StaffReport requires the Owner/Developerto enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER and OWNER/DE'VELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, Cityrequires the Owner and Owner/Developerto enter into a development agreement for the purpose of ensuring that the Property is developed and the subseque~ use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended ComprehensivePlaa ofthe CityofMeridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Otdinanca codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFIIVITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clan context of the presentation of the same r~uires otherwise: DEVF.I.OPIMENT AGREIIViENT - WIl~TDHAM PLACE (RZ 08-00'n PAGE 2 OF 10 • i 3.I CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corteration and government subdivision of the state of Idaho, organizes and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Zachary A. Grraves, whose address is 267 E. Indian Rocks Court, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner{s} of the ~P~Y 3.3 OWNER/DEVELOPER: means and refers to Eagle Springs Investments, LLC, whose address is 6951 N. Duncan Lane, Boise, Idaho 83703, the party that owns and is developing said ProPerh' and shall include any subsequent owner(s) or developers) ofthe ProperiY. 3.4 PROPERTY: means and refers to that certain parcel{s) of Property located in the County of Ada, City of Meridian as described in Exlu'bit A describing the parcels to be re-zoned R-15, (Mediu~i3igb, Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNIITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridiaa Unified Development Code § 11-2A. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agr~ment. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT P120PERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. DEVELOPMENT AGREEARENT - WINDHAM PLACE (RZ 08-00 Future homes on this site shall be generally consistent in appearance to the elevations attached in Exhibit A. The applicant shall construct homes on the site that contain the following design features; varying pitch roof design including gable and hip rooflines facing the street, shutters around the windows on the front facade, substantial pillars with substantial bases and front facades accented with brick/stone, garage door with a glazing element PAGE 3 OF 10 ~J and cevered porch areas. Building materials shall be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) and a minimum of two field colors and a trim color. 2. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of implication submittal. 3. The subject site shall develop with a maximum of 23 single family detached homes.. Each home shall comply with the R-15 building setbacks, and not encroach into any easemeirt. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be ternunated, and the zoning designation reversed., upon as uncwred material default of the Owner/Developer or Ownet'~Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property' of this agreennent within two years of the date this Agreement is effective, and after the Cityhas complied with the notice andhearingproc~iu~es as outlined in Idaho Code § 67-6509, or any subsequent amendments or ra;odifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATIONS Owner and Owner/Developer consent upon default to the reversal of the zoning designation of the Property subj ect to and conditioned upon the following conditions precedent to-wit: ?.1 That the Cityprovide writtennotice of anyfailure to c~mplywiththis Agreement to Owner and Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. DEFAULT: 8.1 In the event Owner and Owner/Developer, or Owners' and Owner's/Developer'shelrs, successors, assigns, ox subsequent owners of the Property or any other person acquiring as interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon cempliance with the requirements of the Zoning Ordinance. 8.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the DEVELOPMENT AGREEMENT - wII~TDHAM PLACE (RZ 08-00~ PAGE 4 OF IO breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer'scosr, andsubmitproof ofsuchrecording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connedionwiththe re-zoning of the Propertybythe City Council. If for anyreason after suchrecordation,the CityCouncil fails to adopt tine ordinance is connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record as appropriate instrument of release of this Agreement. 10. ZONING: Cityshall, followingrecordationofthedulyapprovedAgreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner and/or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach ofthis Agreement, the parties agreethatCity and Owner and/or Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non breachingparty's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting Party shall commence to cure the same within such thirty (30) day period and thereaRer shall prosecatte the caving of same with diligence and continuity, then the tune allowed to cure such failure maybe extended for such period as may be reasonably n~sary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either Owner and/or Owner/Developer or City is delayed for causes which are beyond the rcesonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftune of such delay. DEVELOPMENT AGE - WII~IDHAM PLACE (RZ 08-007 PAGE 5 ®F 10 • 12. SURETY OF PERFOptMANCE: The Citymayalso require suretybonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner and/or OwnersJDevelopers agree to provide, if required by the City. 13. CERTIFICATE OF OCCI7PANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and l7eveloper/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner and Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. NOTICES: .Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, stage prepaid, return receipt requested, addressed as follows: OWNER/DEVELOPER: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER: Zachary A. Graves 267 E. Indian Rocks Court Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Eagle Springs Investments, LLC 6951 N. Duncva Lane Boise, ID 83703 DEVELOPMENT AGREEMENT - VVIIJDHAM PLACE (RZ 08-00 PAGE 6 OF 10 • • 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIlVIE IS OF THE ESSENCE: The parties hereto aelmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision herd; and that the failure to tamely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to P~~• 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office, This Agreement shall be binding on the Owner and Owner/Developer of the Property, each subsequent owner aid any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Properly, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any suc~sor owner or owners shall be both benefited and bound by the conditions and restridaons herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole aid reasonable discretion, had deternined that Owner/Developerhasfully perfonnedits obligations under this Agr~rtent. 19. IlWALID PROVISION: If any provision of this Agreement is held not valid by a crourt of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FIIVAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition andunderstandingsbetween Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express orimplied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subs~uent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of city. DEVELOPMENT AGREEMENT - wINDHAM PLACE (RZ 08-00 PAGE 7 OF 10 • 20.1 No conditiongoverning theuses and/orconditions governingre-zoning ofthe subject l'ropertyherein provided for canbemodified or amended withoutthe approval ofthe City Council afterthe Cityhas conducted publich~ring(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreennent shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection withthe annexation aad zoning ofthePropeatyand execution ofthe Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. EAGLE P IlWESTMENTS, LLC t By~ -tde~ ~~ t ZA Y A. GRAVES CITY OF MERIDIAN i~ ~'~ By: Mayor T y Weerd ATTEST: Holman, ```~`,~,~ -~u a i+r+~~,,~~. ~~~i .~~ ~•,~y,,,,, o r A~A~, _ ~ ~ ~~ 4~. ''''~~~~~~hr~rn nmr~~N`~,~`, J ,~~( CT DEVELOPMENT AGREEMENT - WINDHAM PLACE (RZ 08-007) PAGE S OF 10 STATE OF IDAHO, ) ): ss County of Ada, ) u On this ~ day of ®.lA. vt UT 2009, before me, the undersi ed, a Notary Public in and for said State, personally appeared ' S known or identified to me to be the of Eagle Springs Investments, LLC, and acknowledged to me that he ex the same on behalf of said corporation. IN WPTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '''~~.~~, L. (388~~. ~ ~i9~p•~ tSg~) ~~ ~ ~oT~v?,~ `O * ~"~ AUBL1G N~ O No Public for Idaho Residing at: 'se_ My Commission Expires: ~ a~ STATE OF IDAHO, ) ): ss County of Ada, ) On this ~.°1~ day of LL c vz y~`i 2009, before me, the undersigned, a Notary Public in aad for said State, personally appeared Zachary A. Graves, lmown or identified to me to be the person who signed the above agreement aad acknowledged to me that he executed the same. IN WTI'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~ ~~ 4~Q' L. a8~ ts~) ~ y~ ~-oT`v2~ '~ s Q +~~ 7k ~L pUELtG p,,~~~~OOO~00®Q O ~`O9T~~' OF 1'~~'.~ Notary Public for Idaho Residing at: '~ 1~ My Commission Expires: 7 ~ DEVELOPMENT AGREIIVIENT - WINDHAM PLACE (RZ 0&o0'n PAGE 9 OF 10 STATE OF IDAHO ) ss County of Ada ) On this ~J~ day of ~ 2009, before me, a Notary Public, personally appeared Tammy de Weerd aad Jaycee L. olman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowlaiged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affrxed my official seal the day aad year in this certificate first above written. _•~~p~~M~a1 (SEAT,) ~••~~,~~p T 'a~~• ZS ~,~ ~• i ~: ~'x. . . . . ;' .,y~', .- ~~ _ jC ~~ •~~~F ~IDQ-~O. w• Public for Idaho Residing at• ~(~ Qc4l ~~, ~ ~l ~ Commission expires: t l-t ~T~ DEVELOPMENT AGREEMEN!' - WII~IDHAM PLACE (RZ 08-007) PAGE 10 OF 10 CTIY OF MERIDIAN PLANNING DEPAR~ STAFF REPORT FOR THE HEARING DA7~ JANUARY 6, 2009 C. Legal Description and Exhibit Map 1~3AHfl SURV~'Y 14~i ter sc s+at6a 150 tlerietian,t~ha 03842 ~IZflUP Phaate {2OS1848-8570 ~t {may 884-5389 Frojest Na. OS-182 At~ust 25, 2008 Revised IJovcmber 3,2048 Revised December 2, 2408 Wb~tam Place S~iele~ion R,~ne ~~ firam lt8 to R15 Windham Place Sabdivision, ~ Lots 1 aad l t% Bktck 1 themo~ as same is zccord~ in l~k 98 of Plats at Page 12462, Ada Countq rscords, boated is G~venmreaR Lot 5 of Sectitata 6, T.3N., R1E., B.NI., Ada County, Tdaho, more psrticuiarly de~ribed as follows: Corautaer~ at the West t!4 tamer of said Section 6. from which the Northv~st r.ornar of said Sedia~s beans NOr~ 00°1T16" East, 2658.29 feels Tlteac;e North Ot)°17' I6" East, 742.50 feet; TIC Worth 89'°42°44" Fast, 25.00 fc~;'~ence Souda 89°42'44°' Eassa 51.38 feet T)tmtce South 88°13'47" East,122.48 feet tts the REAL PO11NT OP BEGIA1Ni~NG. Therm North 76°54'(x" East„ 270.80 fees; Them North 53°44'51" East S3.78 feetto as eagle pamtt ord tim southerly bou~ry of IFigbga~ Subdivision Phan 2, as same is recorded in Book 90 ofPlats at Page 105 i4, Ada County r~erds, said petal lyiz<g in the South Slough (Finch Lateral); There g and aloaag said slough a~ sterly'boundary of mid js~.u~~b~~d~,iQvision North 53°44'Sl" East, 493.59 feat. (of record as North 53°38" Fast, 7'30 °""""}9 Thenwe Alorth 35°30' 12" East, 258.83 feet (of record aR North 45°13' East, 3.80 chaos); Thy North 89°43'38" East, 39.70 fact (ofrecord ss East 0.65 links) to the Northeast corner of ardd C,overnnnent Lot 5. comaron to the Northv~est comer of Foth~giil Pointe Sabdivisioa No. 3, as same is recorded in Book 73 of Plan at Page 7555, Ada Cotmty record Tl along the bleat bionmdaay of said subdivision dad a va~e$p boundary of Fothergill Subdivision No. i, ~ same is recorded: is Book 8S of Plats ~ Page t~i39, Ada. County > 5onfh 00°19'53'° West; 701.74 feet (record I0.64 chains}; Thetree North 6b°57'45" Wes;, 36.$4 feet (x~grd North 66°47' 10°' W~ 37.03 .feet) to tlm nwst northerly comer of Lot 4, B~ 5 of mid Foibergill Subeivision No. l: Profesatorrn/ Load Surveyors Exhibit C -1- CITY OF A~IIItIDIAN PLANNING DEPAR~ STAFF REPORT FOR THE HEARING DA'I~ JANUARY 6, 2009 T dew said subdiviaaon Tarry North 6T'i 9'04" W~ 181.65 feet {rceord of previous ~ calls Nortlt 66°57' West, 3.25 chains; Thence North 88°13'4T' 0dest,15.89 feet~ Thy North 1 °4T24" East, 919.07 Thence North 88°! 2°3b" West, 43.00 feed T South 1 °47'x4" Vest, 90.08 feeCe Thence North 83°13'47'° ~Ves~ 629.09 fi~ to the Point ofl3eginnin8. Corituiain8 5.03 Acres, amore or less. By. Idaho Swvey Grouis, P.C. c~ e ~ ~,,, D. Terry Peugb. PLS F~chihit c - a - . • In the Matter of the Request for Rezone of 5.03 Acres from R-8 (Medium Density Residential) to R 1S (Medium High Density Residential); Request to Modify Note #4 by Removing the Zero Lot Line and Modifying Note #10 by Removing the Requirement for Attached Houses from the Recorded Plat, by Eagle Springs Investment, LLC. Case No(s). RZ-08-007 and MFP-08-007 For the City Council Hearing Date of: January. 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts {see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 2. Process Facts (see attached S#affReport for the hearing date of January 6, 2Q09, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Cade, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LABd AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-08-007 -1- • 4. Due consideration has been given to the comments) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected Party requesting notice. . 7. That this approval is subject to the Legal Description and Development Agreement provisions in the attached Staff Report for the hearing date of January 6, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City. Council's authority as provided in Meridian City Code § ll-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone request as evidenced by having submitted the legal description and exhibit map prepazed by D. Terry Peugh, PLS, dated l2/02/OS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of January 6, 2009, incorporated by reference. D. Attached: Staff Report for the heaiing date of January 6, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). R7r08-007 & MFP-08-007 -2- • B 'on of the City Council at its regular meeting held on the ~1~ day of 200 COUNCIL MEMBER DAVID 7ARFMBA VOTED AI~~}' COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIltD MAYOR TAIVIlVIY de WEERD (TIE BREAKER) Attest: Jaycee H cflpy served Attorney. VOTED VOTED VOTED VOTED ~'.~ ``~~itti~~~+~~~'or T de Weerd ~i pan, City Cle",~k ~ ~.~ upon Applicant; , ~ , ,~~partment, Public Works Department and City B Dated: 1- Z8-oq ' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-07 & MFP-08-007 -3- CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING ~ OF JANUARY 6, 2009 STAFF REPORT Hearing Date: January 6, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner ~ I IA 208-884-SS33 SUBJECT: Windham Place ~ • RZ-08-007 Rezone of 5.03 acres from R-8 (Medium Density Residential) to R I S (MediumHigh-Density Reside~ial), by Eagle Spring Investments, LB,C • MFP-08-007 Final Plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Springs Investments, has applied for a Rezone (RZ) of 5.03 acres from R-8 (Medium Density Residential) to R-1 S (Medium High Density Residential). Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line and m~ifying note #10 by removing the requirement for attached houses from the recorded plat to allow the constntction of single family detached homes. The subject site is located east of N. Meridian Road, and approximately %z a mile south of E. Ustick Road 2. SUMMARY RECOMMENDATION The subject applications (RZ-08-007 & MFP-08-007) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested RZ and MFP applications below. Staff recommends approval of RZ-08-007 and MFP-08-007 for Windham place, as prese~ed in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. Note: The Commission is not reged to make a•recommendataon on the Final Plat mod cation pequest (MF'P-08 007). The Meridian Planning public hearing the Commission voted to recommend approval of the snbiect RZ rearrest. a. Snmmarv of Commission Public Hearing• i. In favor• Peter Harris ii. In opposition: None lil. CommeIItiIIg• None iv. Written testimo .:None v. Staff presenting application: Bi71 Parsons rvi. Other staff commenting on application• None b. Key lissue(s of Discussion by Commission• i. The dimensional standards of the R-8 zoning district regarding single family detached and single family attached homes. c. Kev Commission an•e(s) to Staff Recommendation• i. Staff initiated the change to strike DA provision ## because the lot (Lot 1. Block 1) taking access to Meridian Road is not part of the rezone rearrest and no other lots have direct lot access to Meridian Road. d. Outstanding Issue(s) for City Council: i. Is rezoning this property from R-8 to R 15 appropriate for allowins the constriction of sm a famil detached homes. -'"" Windham Place RZ-08-007 & MFP-08-007 PAGE 1 CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING ~ OF JANUARY 6, 2009 ~ Meri i n i reed thesc items on ~Tannarv 6_ 2009. At t>!e nnb is hea-rin~~he ~gunc~1 annroved the snbiect RZ and MTP rearrest. 3. PROPOSED MOTION Approval After considering all staff applicant and public testimony, I move to approve File Numbers RZ-08-007 and MFP-08-007, as presented in the staff report for the hearing date of January 6, 2009, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-08-007 and MFP-08-007, as presented during the hearing on January 6, 2009, for the following reasons: (You should state specific reasons for denial of the rezone.) Continuance I move to continue File Numbers RZ-08-007 and MFP-08-007 to the hearing date of (inert continued hearing date here) so the Planning Department can draft conditions for approval (you should state reasons for continuance). 4. APPLICATION AND PROPERTY FACTS a» ~ Site Address/Location: East side of N. Meridian Road, and approximately %s mile south of E. Ustick.Road NW % of Section 6, T3N, R1E b. Owners: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 Zachary! A. Graves 267 E. Indian Racks Court Meridian. ID 83642 c. Applicant: Eagle Springs Investments, LLC b951 N. Duncan Lane Boise, ID 83703 d. Representative: Peter Harris e. Present Zoning: R-8 Windham Place Rz-OS-oo7 ~ lv~r-o8-o07 PAGE 2 CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING ~ OF JANUARY 6, 2009 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant`s Request: The applicant is requesting concurrent approval for rezoning of the 5.03 acres to R l5 and final plat modification to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat h. Applicant's Statement/Justification): "Windham Place Subdivision was approved as a 231ot project with 22 attached units and one detached unit on March 14, 2006. All of the improvements as approved for the proj ect have been completed and accepter by the City. Our intention was to build units comparable to the units built in the Highgate Subdivision next door. With the change in the market we have been forced to revise our plans. We began with moderately priced duplexes of which we have built two pairs to date. Sales have been slow. All of the feedback from interested buyers has indicated that people aren't i~erested in attached product and are looking for detached houses. The existing R-8 zoning requires all detached units to be built on lots 5000 sq ft or greater. We are looking to rezone to R 15 to allow for detached units to be built on smaller lots. As our lots are already improved we will not be making any changes to the lot sizes or configurations as shown on the approved plat. The approved density of 3.91 units per acre will not be changed; the only change will be houses that are 35' wide instead of 40' wide. We are looking to modify the Final Plat for Windham Place based on the previous narrative. The Final Plat Modification requires slight adjustments to the approved plat. Notes 4 and 10 need to be modified to allow the construction of single family detached homes" See applicant's narrative for rrwre infot~nation. 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a final plat modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public meeting is required before the City Council on this matter. c. Newspaper notifications published on: October 20, 2008 and November 3, 2008 (Commission}; December 15. and 29.2008 (Councill d. Radius notices mailed to properties within 300 feet on: October 10, 2008 (Commission); December 12.2008 (ConnciD e. Applicant posted notice on site by: October 24, 2008 (Commission); December 19. 2008 Coup ' 6. LAND USE a. Existing Land Use(s): Existing residence with accessory buildings and vacant land. b. Description of Character of Surrounding Arm,: The surrounding area is developed as single family residential. c. Adjacent Land Use and Zoning 1. North: Single Family Attached Homes (Highgate Subdivision); zoned R 8. 2. East: Single Family Residential (Fothergill Poiirte Subdivision); zoned R 8. 3. South: Single Family Townhomes (Breinholt Subdivision); zoned R-8. 4. West: Single Family Residential Subdivisions; zoned R-4. Windham Place RZ-08-007 & MFP-08-007 PAGE 3 ~. CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING 1~ OF JANUARY 6, 2009 d. History of Previous Actions: The subject site was annexed and zoned (AZ-05-053) and preliminary platted. (PP-OS-055) in 2006. In addition, a final plat (FP-06-022) was approved for 23 buildable lots and 3 common lots in 2006. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: All mains were previously installed. Location of water. All mains were previously installed. Issues or concerns: None. 2. Vegetation: Existing mature•trees around existing residence and canal. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The Cresson Lateral transverses along the northern property boundary. 5. Hazards: None known on property. 6. Proposed Zoning: R 15 7. Size of Property: 5.91 acres 8. Description of Use: Single-Family Residential f Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 5.78 acres 9. Gross Deixsity: 3.91 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Meridian Road. The landscaping has beers installed with the approval of the Windham Place Subdivision and is to remain unchanged. 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. h. Proposed and Required Residential Standards: per the R 15 (and R-8) zones are as follows: Setbacks Proposed (R-8) Required (R-15) Front 20 20 Street side (Garage) 20 20 Street side (Living) 15 10 '6Vindham PIace RZ-08-007 & MFP-08-007 PAGE 4 CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR TIC HEARING) OF JANUARY b, 2009 Side S 5 Rear 12 12 Frontage 40/50 0 Lot Size 4060 / 5500 min, sq. feet 2,400 min. sq. ft. i. Summary of Proposed Streets and/or Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways aze constructed and operational for Windham Place Subdivision. These roadways were evaluated and approved by the City and ACI-lD. 7. COM1V.lENTS 1MEETlNG On October 16, 2008 Planning Staffheld an agency comments meeting. The agencies and departments present include: Meridian Fire Department and Meridian Public Works Department. Staffhas included all comments and recommended actions attached in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwelling units per acre (see Page 99 of the Comprehensive Plan.). The overall density of the approved Windham Place Subdivision is 3.91 acres and is not proposed to change with the rezoning of the property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properdies adjacent to the subject site are designated fog r~aedi~srrc density pesidential uses on the Comprehensive Plan Future Land Use Map. Further, the applicant is requesting the rezone to construct single family detached homes rather than single family attached home. Stag`' believes this development is compatible with the surrounding residential developments in the area. • Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VIi, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Future Land Use Map which identi:'faes this area as an approprdate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.91 dwelling units per acre. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections are constructed and provide connectivity with the surrounding residential subdivisions. windham Place R~US-oo~ & MAP-os-oo~ PAGE 5 CITY OF MERIDIAN PLANNING DEPA~' STAFF REPORT FOR THE HEARING D~OF JANUARY 6, 2009 • Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding azeas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Cresson Lateral crosses the subject property and has been preserved and amulti-use pathway has been located in accordance with the Master Pathways Plan. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The applicant believes rezoning the property to R 1 S and allowing the construction of single family detached homes will increase the viability of the project and provide af~`ordable housing for the citizens of Meridian. • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) Stafj f ands rezoning this properly to R 1 S shorsld not irr~act the density approved with this development. Further, the proposed density is similar to the surrounding developments and stafJjinds the home design compatible with the eri.sting neighborhoods. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Sta„~`'does not foresee a negative impact on surrounding development by rezoning the subject property. The proposed single family detached products should be compatible with surrounding homes in the area and do not differ much from the attached product already constructed within the development. Stay`' finds that the proposed R-1 S zoning designation is harmonious with and in accordance with the Comprehensive Plan. Sts, fJ`'recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for thas property. 9. ZONING ORIDINANCE a. Zoning Sch~ule of Use Control: UDC 11-2A-21ists single family detached homes as permitted use in the R-15 zoning district. b. Purpose Statement of Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Place. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE: The applicant is proposing to rezone 5.03 acres from an R-8 (A/Iedium Density Residential) zoning district to an R 15 (Medium High Density Residential) zoning district. Windham Place RZ-08-007 & MFP-O8-007 PAGE 6 CIT'X OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING ~ OF JANUARY 6, 2009 Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot lines and modifying note #10 by removing the requirement for attached houses to proceed with constructing single family detached homes on the site. Under the R 8 zoning district, there are different dimensional standards for single family attached and single family detached homes. Attached homes require 40 feet of lot frontage and 4,000 square foot lots; detached homes require 50 feet of lot frontage and 5,000 square foot lots. The project was approved for single family attached product and noted on the recorded plat. A majority of the lots have lot frontages of 45 feet and lots average less than 5,000 square feet respectively, which do not meet the dimensional standards for detached homes in an R 8 zoning district. Therefore, the applicant is proposing to rezone the property to an R-15 zoning district which does not have a minimum lot frontage requirement and requires a minimum lot size of 2,400 square feet. It is important to the note the applicant is not proposing to increase the number ayaits approved with the original project. Further, the setback r~uirements are the same with the exception of the setback to living area; the R- 8zone requires a 15-foot setback and the R-15 zone requires a 10-foot setback If the subject rezone and final plat mod cation are approved the applicant world be able to proceed with constructing single family detached homes on the lots with minimal redesign to the current lot configaration. Staff is supportive of the applicant's request to rezone the property provided the applicant eaters i~o a development agreement with the City (applicable DA provisions will be d~scr~ssed in further detail below). The rezone legal description submitted with the application {prepared on 12J02/08 by Terry Peugh, PLS} shows the property within the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to r~uire a property owner to enter irrto a Development Agreement (DA) with the City that may require some written commitment for all firtrue uses. A developme~ agreeme~ was not required with the annexation of this property in 2005. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission and Council decide it is in the best interest of the City to rezone this property, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption}, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506, within 12 months to initiate this process. Please be advised a $303.00 fee wiII required to process the development agreement. The DA shall incorporate, at a minimum, the following, in addition to provisions the Commission and Council deem appropriate: 1. Future homes on this site shall be generally consistent in appearance to the elevations attached in Exhibit A. The applican shall construct homes on the site that contain the following design features: varying pitch roof design including gable and hip rooflines facing the street, shutters around the windows an the front facade, substantial pillars with substantial bases and front facades accented with brick/stone, garage door with a glazing element and covered. porch areas. Building materials shall be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and calar shingles) and a minimum of two field colors and a trim color. 2. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of application submittal. 3. The subject site shall develop with a maximum of 23 single family detached homes. Each home shall comply with the R-15 building setbacks, and not encroach inxo any easement. Windham Place RZ-08-007 &MEP-08-007 PAGE 7 CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING D~OF JANUARY 6, 2009 Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways and sidewalks are constructed and operational for Windham Place Subdivision. Btrilding Elevations: As mentioned earlier, Windham Place Subdivision was approved for the construction of single family attached homes with the exception of the existing home that fronted on Meridian Road and Lot 17 of Block 1. As part of that approval, elevations were not tied to the development via a development agreement; however there is a note on the recorded plat that required 1,000 square foot single family attached homes. The applicant has submitted renderings of a single story home and a two story home depicting how future homes may be constructed on this site. The single story home calls out masonite and board and batten siding. Shutters and stone veneer accent the front fagades of both homes. In addition, glazing is provided on the garage doors of the homes. A front porch is provided for the second story home and a covered entryway is provided for the single story home. The roof design also incorporates modulation and hip and gable rooflines for the proposed buildings. The UDC requires buildings to be constructed of high.quality building materials such as stone, brick, wood or other native materials. In no case shall the buildings use vinyl siding as the primary siding material. Staff has reviewed the submitted building elevations and believes fitnre homes wiD be constricted of durable building materials. Farther, Staff is including a Development Agreement provision requii3ng these design features in Entire homes built in this subdivision. Landscaping/Site Improvements: Staff has visited the site and all improvemeYrts (roadways, pathways, sidewalks, fencing and landscaping} have been constructed and installed for Windham Place Subdivision. FINAL PLAT MODIFICATION: There are no required findings for a final plat modification. As mentioned above, the recorded final plat restricts the applicant to 1,000 square foot single family attached homes. Currently two pair of attached product has been constructed on the site. The applicant states that feedback from potential buyers has indicated a single family detached product is more desirable in today's market. Therefore, the applicant is requesting to modify the recorded plat to allow the construction of single family detached homes. The modification will include removing note # 10 from the recorded plat and modifying note #4 by removing the zero setback lot lines referenced in the legend and on interior lot lines of the recorded plat. The notes on the recorded plat shall be modified as follows: 4) All lots are hereby designated as having a permanent easement for public utilities, irrigation and lot drainage over the five (5) feet adjacent to any interior lot .line, unless otherwise shown and dimensioned (Remove zero lot lame exhibit fr°orrc the legend as well). 10) , ,.r, ~nnn ~ ..e .~ ~,a.,as......s.e .....r.,.s ~~ve from notes) Staff is supportive of the applicant's request; however after reviewing the recorded plat and the applicant's floor plan, there are fowr Iots (Lots 3, 5, 8 & 9 of Block 2) that may not accommodate the housing product, as proposed. Lots 3 and 5 have an 8-foot P.U.I.D. easement along the northern property boundary and Lot 8 and 9 have lot frontages of 40 and 41 feet respectively. The submitted housing plans depict a 35-foot wide home which would conflict with the required 5-foot side setback and utility easements along the i~erior (side) lot lines. Staff is Windham Place RZ-08-007 & MFP-08-007 PAGE 8 CTI`Y OF MERIDIAN PLANNING DEPENT STAFF REPORT FOR THE HEARING D~ OF JANUARY 6, 2009 recommending the applicant reconfigure the lots along the eastern boundary or redesign homes for those lots to comply with the side setbacks of the R 15 zoning district and do not i~erfere with eB,isting 8-foot easement on Lots 3 and 5. The applicant may submit a Property Boundary Adjustment application to reconfigure the lots along the east boundary to accommodate the homes and the existing easements. As another option, the applicant could decrease the number lots and still be in substantial compliance with the approved final plat. Further, if an additional housing type is the preferred route, then elevations should be submitted to staff ten days prior to the City Council hearing to ensure future homes on those lots will comply with the setback of the R 15 zoning district and not conflict with the aforementioned P.U.I.D. easements. b. Staff Recommendation: Staff is recommending approval of RZ-08-007 and ARFP-08-00? for Windham Place, as presented in the Stall: Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. AThQ Meridian request, ThelYleridia City oun,~~these items~n January 6 2009 At the~ublic heamin~the i~onncil agnroved he bier' 7, nd Mli'P rennest. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description and Exlu'bit Map D. Required Findings from Unified Development Code Windham Place RZ-08-007 & MFP-08-007 PAGE 9 CITY OF MERIDIAl~i PLANNING DEP STAFF REPORT FOR THE HEARING D~ OF JANUARY 6, 2009 A. Drawings 1. Vicinity Map Exiubit A - i - CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE FIEARiNG D~ OF JANUARY 6, 2009 2. Approved Final Plat a+ ~.s~tr.~ ° ... ~~' ~ ~° ti~ ~.~ `~ ` ~ ® ~ ~ ~ ~ ~~ ~~ ' I ~, ~ ~ ~ :~~ ~ $ ~s '¢ T ii y$ a~ ~,4 ~ ~~t S: ~ pP~ pis ~p°(d.. ~ ~ ~6 R' R 4 ~ 6~ be8 y.13 8 AA q~ H~ ap `"~ ~ ~t"y5 b., a 9i Gi ;6 q ~~p S~ ~ mag tr}~ g~ ~ ~ ti °~ ~ ~ v Q~ gxbfr $ a9~~ €S ~4 ~~e o~ ~! a ISi~ 6~~ ~09V Y iq. Ly 1, ~~ ~ ~ 44 °a d 4 .. .+^ .•~ •v ram a w ®'.e6~' " ~~ ~~ ~--®- :. ,.#.} F~u"bit A - 2 - CITY OF MERIDIAN PLANNING DEP~1 STAFF REPORT FOR THE HEARING D~ OF JANUARY 6, 2009 3. Approved Landscape Plan Exhibit A - 3 - CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING ~ OF JANUARY 6, 2009 4. Elevations Exbu'bit A - 4 - uPWTH ~~..~Yd4.09V ~} ~ m ADfb /MfT aom~/ _ ~+ne e wQ+1? ®4&~A4~R ni ~T~=.~-.:. .. .. s +r" ~ ..o ,~ 4Oa 4t~ @r9v.eT 4a~wi CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING ~ OF JANUARY 6, 2009 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Terry Peugb, PIS, dated 12/02/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 Prior to rezone ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 12 months of the City Council's approval of this application. Please be advised a $303.00 fee will required to process the development ageement. See section 10 above for analysis and comments regarding the DA provisions subject to Windham Place Subdivision. 1.3 Approval of the rezone and final plat modification does not relieve the applicant/developer from compliance with any previous approvals; the applicant shall comply with all applicable conditions from A7r05-053, PP-05-055 and FP-06-022, for Windham Place Subdivision. 1.4 The applicant shall redesign the homes/floor plans for those lots along the eastern boundary so they comply with the side setbacks of the R 15 zoning district and do not interfere with e~sting easements on Lots 3 and 5; or the applicant may submit a Property Boundary Adjustment application to recont3gnre the lots along the east boundary to accommodate the homes and the existing easements. If an additional horsing type is the preferred route, then elevations shall be submitted to staff ten days prior to the City Council hearing. Ail homes shall comply with the setback of the R-1S coning district and shall not conflict with any easeme~rts. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no opposition with this application. All conditions of approval from tine previously approved plat will apply. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place I S" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combusttble construction is brought on site. 3.3 Building setbacks shall be per the International Building Cade for one and two story construction. 3.4 Where a portion of the facility or building hereafter conshucted or moved into or within the jurisdiction is more than 400 feet (122 • m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B -1 - CITY OF MERIDIAN PLANNING DEP~~ STAFF REPORT FOR THE HEARING D, OF JANUARY ~, 2009 with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R 3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance r~uirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT (NO COMMENTS PROVIDED) 5. PARKS DEPARTMENT 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be fallow. 6. SANITARY SERVICE COMPANY (NO iOMMENTS PROVIDED) 7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS PROVIDED) Ex3ubit B - 2 - CITY OF MERIDIAN PLANNING DEP~ENT STAFF REPORT FOR THE HEARING D~ OF JANUARY 6, 2009 C. Legal Description and Exhibit Map ~®~~C+ 1454 6stier St Sim ISO SURY~1( ~+> t~tx GROUP ~~ F~c (xo~ tB4.s~ Pr~aject No. as-182 Auga~ 2S, aoa8 Revises Nav~r 3, 2008 Revised D~ennber 2,2008 W~iham Place Snbdlvlslon Rezone l?eserigtioa fiom lt8 ~R RIS Wi~am Place Subdivision, ~ Lam 1 and 16, Block 1 th~eoi; as same is r~eeorded in Book 98 of Flats at Page 1.2462, Ada Coimty+ records, loc~1 in Govt Lot 5 of Sectio~a 6, T.3N., R1E., B.M., Ada County, Idaho, maxse prartircularly descn'bed as follows: Commencing at the West 114 comer of said Section 6, tom which the Northwe~, earner of said Se~ioro beams North ~°1T16" East, 2658.3.9 feet; Thence North 00°17° 16°° East, 742.50 feet; Thence Morth 89°42°44"East, 25.Q3? feet; Thence South 89°42'44" 51.38 f~ Thence South 8$°l3'4T' East,122.48 feet to the REAL POINT OF B)f~i[NG. Thence North 76°54'00° Fast, 270.80 feet; Thy North 53°44'51'° East 53.7$ feetto an angle point on the southerly boundary of liighgatc Subdivision Phase 2, as is mcorded is Book 90 of Plats at Page 105 i 4, Ada County rceords, said point lying in the South Slough (Finch Lateral); Thence continuing and aloes said slough and fly bauadary of sail subdivi~oa North 53°44'5 1"East, 493.5$ feat {of record as North 53°38" Easy ?30 Thence North 35°30' 12" East, 258.83 feet (of record as North 45°13' Fast, 3.80 chains); Thsace North 89°43'38" East, 39.70 feet (of record as Ease 0.65 links) to the Northwst corner of said Giovsrnrneat Lot 5, n to the Northwest rAn~r of Fothergill Pointe Subdivision Na. 3, as sauna is reoiuded in Book 73 of Plats ~ Page 7555, Ada County records; Thy along the Wert bovnsary of mid suhttivisian stud a v~erly hotusdary of Fothergili Subdivision No. 1, as same is recorded iu BookbS of Plats at Page 6639, Ada. Caux~ty records, South 00°19'53'° tYest,101.74 feet (record 10.64 rdraims); Thence North 66°57'45" Vt~e~, 36.$0 feet (rceord North 66°47 ° 10"' West, 37.03 feet) to the mast northerly corner of Lot 4, Bk~clc 5 of said Fothesrgill Subdivision No. 1; Pro fessionol fond Surveyors Exhibit C -1- CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING D~ OF JANUARY 6, 2009 Thence deparfing said ~bdivisioa bcnmdary North b7° i 9'04" West, 181.65 feet {r~ord of previous two calls North 66°ST West, 3.23 chaime), Tlunc~ North 88°13'47" 9Jest,15.89 feet; Thence North 1°47'24" Fast. 94.07 feet} Thence North 88°12'36" West, x#5.04 feed Thence South i°47'24" West, 90A8 feete Thence North 88°13'47'° Wit, 629.09 few to tha Foint of Beginnitt~. Containing 5.03 Acres, more or Less. Prepared ay: Idaho Survey Group, F.C. ~~ ~ ~ ~-c D. Terry Pengh, PIS Exhibit G - 2 - CITY OF MERIDIAN PLANNING DEPt~ STAFF REPORT FOR THE HEARING ~ OF JANUARY 6, 2009 _~ ~~~ as goo ~ 4 ~o aoo SCALE: 1" = 200' N 89'43'38" E ~ 39.70' S.36 S.31 ~j, S.1 S.6 ~ E.-US71CK RD. ~~'"j~~b~' ~ ~ ~~, ~ ~ 1$ ~ ~~~ ~~ ~ v, ~ it ~ " ~~~~ ,~~~~i/ ~;•~ ~ ~ $ ~ 88'13 47 W ~g'S . t niG: R- .~ o~ ~ m ~: ~ 122.48' "~ ~ r~<k NG ~t- 1 r ~ ~ ~ ~ N7f~ 5k,8 13 °o a `~ z 27 i "' ct t~ V) .. --~ 1 ~ -~-- - ..~.._ - - _..,_ _ J m ~- Id88'13'47"YU ~~o nn' .. ~ ~\ ~ tV h 1/4 S.1 S.6 REAL PO1N7 OF BEtiNN1NG S89'42'4~4"E 51.38' N89'42'44"E 25.00' 8Y~ ~" ~GQ3 ,~~.,~~. SURVEY ;,.~ GROUP, P.C. ~' 18~ ss. uN~ Ta~LE UNE tEPIGT}-1 BEARIRIG Lt 75.89 86'13'47" iW L2 90.07 N '~4 ~ 4 L3 45.04 p} gg~ L4 90.08 41'47'24° tkt IMPIDHAM PLACE SUBDIYi5i0Pl ,. ~ ~,: 3~:8~ SyW ~-~~ ~.~ Exiubit C _ 3 _ CITY OF MERIDIAN PLANNING DEP STAFF REPORT FOR THE HEARING OF JANUARY 6, 2009 D. Required Findings from Unified Development Code 1. Rezone Findings Upon recommendation from the Commission, the Council shall make a fall investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to rezone 5.03 acres to an R 15 zoning district. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that future development of this property should comply with the established regulations and purpose statements of the requested zoning district. c. The map amendment shall not be materially detrhental to the public health, safely, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding, d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. The Council finds that the rezone of the subject property from R-8 to R 15 is in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Reporta Exhibit D _ I • • January 3Q, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. 5-L REQUEST Professional Services Agreement with Refinerii, LLC for City Hall Public Art AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See artMhced 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 publk meetings shall become properly of the Ctiy of Merldidn. • PROFESSIONAL SERVICES AGREEMENT MERIDIAN CITY HALL PUBLIC ART PROJECT This AGREEMENT FOR PROFESSIONAL SERVICES/MERIDIAN CITY HALL ARTWORK ("Agreement") is made this 3rd day of February, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and J. Amber Conger, on behalf of Refinerii, a Limited Liability Company organized under the laws of the State of Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Request for Proposals ("RFP") attached hereto as Exhibit A, seeking artists' general proposals for public art installations; WHEREAS, a selection panel comprised of representatives of the Meridian Chamber of Commerce, the City Parks and Recreation Department, the Meridian Historical Preservation Commission, the Meridian Arts Commission ("MAC"), and the community reviewed the responses to the RFP and selected Artist as one of three finalists to create specific proposals; WHEREAS, Artist created the proposal for two pieces of artwork as set forth in Exhibit B hereto ("Works"), and, following a public comment period, the selection panel's evaluation of Artist's proposal in light of the stated criteria and public comments collected, and the panel's recommendation to the Meridian City Council that Artist's proposal be accepted, the Meridian City Council did adopt such recommendation at its regular meeting on December 23, 2008; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design and fabricate the Works, as described and depicted in Exhibit B, and shall install such Works at Site #1, over the Meridian City Hall entryway, and at Site #2, the alcove outside City Council chambers, as such Sites are described in the RFQ attached hereto as Exhibit A. II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Works shall be $25,000.00. This amount shall constitute full compensation for any and all services, materials, and costs to be performed or furnished by Artist. Of this amount, $9,500.00 will be provided by an Idaho Commission on the Arts Public Art and Cultural Facilities grant; $10,000 will be provided by the City of Meridian; and $5,500 will be provided by private donors. B. Method of payment. Artist shall provide City with an invoice for services and/or materials provided during the billing period, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment PROFESSIONAL SERVICES AGREEMENT CrrY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 1 Of 10 • made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid per the following schedule: 1. $7,500.00 shall be paid to Artist within fourteen (14) days of submission of a timeline for construction and installation of the Works as approved by the Designated Representative of the Meridian Arts Commission ("DRMAC"). 2. $7,500.00 shall be paid to Artist within fourteen (14) days of submission of a detailed plan for installation of the Works at the Sites as approved by the DRMAC. 3. $7,500.00 shall be paid to the Artist within fourteen (14) days of completion of fabrication of the Works, or all components thereof, as approved by the DRMAC. 4. $2,500.00 shall be paid to the Artist within fourteen (14) days of Final Completion, which shall be defined as the complete installation of the completed Works at the Sites, as confirmed by City; Artist's submission of a maintenance plan to the DRMAC, submission of an mutually agreed-upon indemnification agreement as provided by the City Attorney's Office, and waivers of lien from any and all sub-contractors, as approved by Meridian City Council; and final inspection and approval of the installation by Meridian Building Department. III. TIME OF PERFORMANCE. A. Timeline. In working toward the installment of the Works, the Parties shall comply with the following timeline: 1. By 5:00 p.m., February 13, 2009: Artist shall submit to the DRMAC a general plan and timeline for construction and installation of the Works. The DRMAC shall approve or approve as modified such timeline within seven (7) days of receipt. 2. By 5:00 p.m., February 20, 2009: Artist shall submit to the DRMAC a detailed plan and timeline for construction and installation of the Works at the Sites, which plan shall be reached following: a) Consultation with the City's Maintenance Supervisor, Building Inspection Coordinator, Development Services Manager, Mayor's Office, and the contract engineer who engineeted the beam from which the entryway component of the Works will be suspended; and b) approval by the Meridian Building Department. The DRMAC shall approve, or approve as modified, such plan within seven (7) days of receipt. 3. By 5:00 p.m., May 29, 2009: Artist shall complete fabrication of the Works, and obtain approval of such fabrication by the DRMAC. The DRMAC shall approve, or approve as modified, such Works within seven (7) days of Artist's notice of such completion. The DRMAC shall determine that the Works are in keeping with Artist's representations. Non- material design refinements and/or improvements shall be left to the discretion of the Artist. PROFESSIONAL SERVICES AGREEMENT PAGE 2 Of 10 CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART ! • 4. By 5:00 p.m., June 5, 2009: Artist shall cause the final installation of the Works and final inspection and approval of the installations thereof by the Meridian Building Department. Artist shall immediately notify the DRMAC of any material delay that occurs or is anticipated affecting the installations. 5. By 5:00 p.m., June 19, 2009: Artist shall be responsible for Final Completion, which shall be defined as completed installation and inspection of the completed Works at the Site and Artist's submission of: a) a long-term maintenance plan for the Works to the DRMAC, which plan shall be prepared by Artist; b) a mutually agreed-upon indemnification agreement, the first draft of which agreement shall be prepared by City; c) full releases and waivers of lien from any and all subcontractors and/or major suppliers involved with the Works, which releases/waivers shall be prepared by City; c) express waiver of any and all right, title, or interest in the Works, which waiver shall be prepared by City; and d) preliminary approval by Meridian City Council. The Meridian City Council may extend the date of Final Completion for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or is allowed under a written agreement by the Parties. 6. By 5:00 p.m., July 8, 2009: Provided that Artist has carried out Final Completion and submission of all releases, waivers, and plans as provided herein, City shall execute Final Acceptance of the Works, which shall be defined as adoption of a resolution indicating that the City accepts the delivery of the Works as designed, fabricated, and installed. B. Time of the essence. Artist acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. The Artist shall provide the DRMAC and/or City with reasonable opportunities to review the progress of the Works to ensure compliance with the timeline, upon DRMAC's or the City's request. If during such inspection, or the approval processes required herein, the DRMAC or City concludes that the Works or any portion or component thereof do not conform to the proposal as described and depicted in Exhibit B hereto or as mutually agreed by the Parties in writing, notice of specific non-conformity and request for Artist to address the specified non-conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen (14) days to address and correct any non-conformity. If, upon DRMAC's/City's re-inspection, the DRMAC or City concludes that the Works or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence: The DRMAC's/City's failure to disapprove in writing shall constitute presumptive approval of the Works as inspected. PROFESSIONAL SERVICES AGREEMENT CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 3 Of 10 IV. INSTALLATION, MAINTENANCE AND REPAIRS. A. Installation coordination. During the installation of the Works or any portion or component thereof Artist shall coordinate all such activities, and/or the activities of her subcontractors and employees, with the City's Maintenance Supervisor. At the time and on the date mutually agreed-upon by the Parties, the City's Maintenance Supervisor or designee shall cause the removal of the ceiling panels as necessary to access the beam from which the entryway component of the Work shall be suspended. B. First year following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Works for a period of one (1) yeaz after City's Final Acceptance of the Works, and during such year shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such yeaz Artist shall not be required to replace or repair any damage to the Works caused by City; by City's agents, employees, visitors, or volunteers; or by an act of God. C. Determination of need for repair. At all times, including the first yeaz following Final Acceptance, City shall make any and all determinations regazding whether the Works' parts and/or craftsmanship require maintenance, restoration, or repair. Artist shall be encouraged to provide input regazding such matters, as Artist may deem appropriate or upon City's request, but all decisions regazding the need for maintenance, restoration, or repair shall be made by City. D. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Works at its own cost. Where practical, City shall give Artist first right of refusal to perform and/or act as consultant regazding repairs or restoration. Artist shall be entitled to reasonable compensation for such labor. In the event that the Works aze damaged or destroyed, City shall restore the Works, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION, INTEGRITY. AND OWNERSHIP OF WORKS. A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Works. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist agrees to relinquish any and all rights, title, and interest to the Works developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Works, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder aze expressly waived. B. Limited edition. The Works shall each be a limited edition of one (1). Artist warrants and represents that the Works designed, fabricated, and installed pursuant to this Agreement has PROFESSIONAL SERVICES AGREEMENT CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 4 Of I O • • never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in the Works and the design thereof. C. Ownership. Upon City's Final Acceptance, the Works shall be owned by City. D. No copyright. Artist shall not make any claim to the copyright of the Works. E. Photographs of Works by City. City may photographically reproduce the image of the Works and all preliminary studies, models and maquettes thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Works. F. Photographs of Works by Artist. Artist may photographically reproduce the image of the Works and all preliminary studies, models and maquettes thereof, as Artist may desire for mazketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Works, provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Works. G. Models of Works. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Works or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three- dimensional reproduction of Works or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Works prior to Final Completion. H. Alteration of Works. If any alteration occurs to the Works after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, such Works shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Works as provided for under Idaho or federal law, whether by statute or otherwise. I. Use of City name. City hereby conveys to Artist permission to use City's name in all forms and media and in all manners, including, but not limited to, exhibition, display, advertising, trade, and editorial uses, without violation of City's rights of privacy or any other rights City may possess in connection with its commission and purchase of the Works. J. Removal from display. City shall have the right to remove the Works from public display. In the event that City determines that the Works or either component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Works or such component from City. PROFESSIONAL SERVICES AGREEMENT CITY FALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE S Of 10 • Should Artist choose to purchase the Works pursuant to this provision, the price of the Works shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. K. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of her obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise, including, but not limited to, such obligations as transport and installation of the Works, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Works. B. Waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Works, City shall obtain property insurance for the Works. D. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at her own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Works, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Works and/or components or materials thereof, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at her own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Works, throughout the course of this Agreement, workers' compensation insurance, in an amount required by law, to cover any and all persons employed by Artist. PROFESSIONAL SERVICES AGREEMENT CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 6 Of 10 • 3. Insurance of Works. Before commencing fabrication of the Works, Artist shall procure and maintain, at her own expense, from the Effective Date of this Agreement through City's Final Acceptance of Works, insurance on the Works in an all-risk form with limits of not less than one hundred thousand dollars ($100,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Works until City's Final Acceptance of Works. E. Proof of insurance. Artist shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that she has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. F. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, withintwenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating parry. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, riot to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, PROFESSIONAL SERVICES AGREEMENT CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 7 Of 10 photographs, plans, timelines, and/or any and all other work products prepazed and submitted or prepazed far submission under this Agreement shall, at City's option, become its property, provided that no right to fabricate the Artwork shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by giving at least fifteen (15) days notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepazed and submitted or prepazed for submission under this Agreement shall; at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. PROFESSIONAL SERVICES AGREEMENT CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 8 Of 10 • D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes zany and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, irk addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. . G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Interpretation. Words of fender used in this Agreement shall be held and construed to include any other gender, and words in the singulaz shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement aze for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. K. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: J. Amber Conger Refinerii, LCC P.O. Box 3531 Nampa, Idaho 83653 (208) 861-7515 refinerii@yahoo.com DRMAC: Delta James Sage Community Resources P.O. Box 902 Donnelly, Idaho 83615 (208) 859-7042 dj ames@sageidaho.com C Emily Kane City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org PROFESSIONAL SERVICES AGREEMENT CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 9 Of 10 Either party may change her/its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 3rd day of February, 2009. ARTIST: ~ Vl J. Amber Conger, Owner/Member, Refinerii, LCC STATE OF IDAHO ) ss: County of ~_ ) I HEREBY CERTIFY that on this ~'"~ day of „e~ , 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared J. Amber onger, known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this cext~iat~ ~i~;~°above written. .~~~ ,~ ~ ~o - ~. ~.. s -~~ ~'~ ~ ~ ° __ Notary Public for Idaho d°~ ~ t"z Residing at ~c.~i ~-¢... ,Idaho ~-~J ~~,'~ ~bp~ r~ ~ u~ - My Commission Expires: 3 r~ 3 9~~\fy S`~.a CITY OF MER)`f~~-;~N~ ~; ,`{,' ,~~~~ ,:, ~~~1. BY: ~~ Tammy e eerd, Mayor ```\~ ~~,,,,,,,,,,~~~~ ~` ~ ~~ -9y ': o Attest: Jaycee lman, ity (perk ~~rrrrni~i nm®®4~ PROFESSIONAL SERVICES AGREEMENT CITY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 10 Of 10 • January 30, 2009 Department Report MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT Purchasing Department ITEM NO. 6-A-1 REQUEST City Hall Punch List /Wish List 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 POSE OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. $ REQUEST Ordinance No. 09-1395 -Deleting In-Code References to Clerk's Office Fees (2nd Reading) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 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. ~ ~ January 30, 2009 RZ 08-008 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT Eastern Washington -Idaho Synod of ELCA ITEM NO. 9 REQUEST Ordinance -- Request for Rezone of 12.7b acres from TN-R to TN-C zones for Beacon at Southridge -south of Overland Road west of Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Ordinance ,~~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AQA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .OO o ~ BOISE IDANO 02/06109 12:01 PM DEPUTY >rieki Allen OF ~I'II'IIIII'Ililll'I'll~ll'III'I'I~ ~+ RECORDEQ-REQUEST 1 ~i~~ 1315 Meridian City CITY OF MERIDL~N ORDINANCE NO. . ~ , BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 08-008 BEACON AT SOIJTHRIDGE) FOR ANNEXATION OF A TRACT OF LAND SITUATED IN A PORTION OF THE N'/z OF THE NE'/4 OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETEP:MINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM TN-R (TAD NAIOL NEIGHBORHOOD CENTER D STRICT) IN DISTRICT) TO TN-C (TRAD THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Eastern Washington-Idaho Synod of the ELCA. SECTION 2. That the above-described real property is hereby annexed and re-zoned from TN-R (Traditional Neighborhood Residential District) to TN-C (Traditional Neighborhood Center District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - RZ 08-008 BEACON AT SOUTHRIDGE Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared of draftsman manner, including the lands herein rezoned, with the following officials of the County 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. of the SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~_~ day of , 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~",Vv° day of ~ 2009. ~~;~ ~~~~ MAYOR de WEERD ATTEST: ~ TFB ~~ ~ ~~' JAYC L. HOLMAN, CIT~ ~ T ~ si • ~ ~®,~`~ ~~~~iirrrri n s<<r~~`~~~ Page 2 of 3 ANNEXATION - RZ 08-008 BEACON AT SOUT'HRIDGE STATE OF IDAHO, ) ss: County of Ada ) On this ~~ day of ~e ~11Q R-4 , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, 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. ~i NOTARY PUBLIC . RESIDING AT: CC MY COMMISSION ~--~ ~ ANNEXATION - RZ 08-008 BEACON AT SOU'THRIDGE Page 3 of 3 • • .r ~~ ~~ ~.+ THE LAND GROUP, INC. October 6, 2008 Project No. 08115 Legal Description Pope Parcel Rezone 12.76 acres EXHIBIT "A" A tract of land situated in a portion of the North One Half of the Northeast One Quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found 1/2-inch steel pin monumenting the Northeast Corner of said Section 23 on the centerline of West Overland Road, from which a found brass cap monumenting the North One Quarter of said Section 23 hears North 89° 19'41" West a distance of 2,661.73 feet; Thence following the northerly line of the Northeast One Quarter of said Section 23 and the centerline of said West Overland Road, Nordl 89°19'41" West a distance of 1,746.32 feet to a point; Thence leaving said northerly line and said centerline, South 00°38'49" West a distance of 336.45 feet to the POINT OF BEGINNING. Thence 68.01 feet along the arc of a circular curve to the right, said curve having a radius of 325.00 feet, a central angle of 1 I °59'21 ", a chord bearing of South 78° 15'55" East, and a chord distance of 67.88 feet to a point; Thence North 1743'45" East a distance of 100.00 feet to a point; Thence 62.81 feet along the arc of a circular curve to the right, said curve having a radius of 425.00 feet, a central angle of 8°28'06", a chord bearing of South 68°02' 12" East, and a chord distance of b2.76 feet to a point; Thence South 63°48'09" East a distance of 223.27 feet to a point; Thence 198.86 feet along the arc of a circular curve to the right, said curve having a radius of 425.00 feet, a central angle of 26°48'31 ", a chord bearing of South 50°23'54" East, and a chord distance of 197.05 feet to a point; Thence South 36°59'38" East a distance of 70.57 feet to a point; Thence South 49°45'46" East a distance of 24.88 feet to a point; Thence 37.29 feet along the arc of a aon-tangent curve to the left, said curve having a radius of 96.78 feet, a central angle of 22°04'34", a chord bearing of North 29°43'39" East, and a chord distance of 37.06 feet to a point; Thence North 18°52'04" East a distance of 13.05 feet to a point; Thence 83.72 feet along the arc of a circular curve to the left, said curve having a radius of 135.80 feet, a central angle of 35°19'18", a chord bearing of North O1°12'25" East, and a chord distance of 82.40 feet to a point; Thence North 54°39'26" East a distance of 50.00 feet to a point; Thence North 59°25'54" East a distance of 38.74 feet to a point; Thence North 40°01'54" East a distance of 119.46 feet to a point; Thence South 47°31'10" East a distance of 214.73 feet to a point; LanditapeAirbitecture •Site Planning • CiHlEnginearing • Golf Course Irrigation d~' Engrnaerirrg • Grrr~bic Communuatioa 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • www thel..ndgrouoinc.coxn G:\2~8\08115\Admin\Legals\L 081005 Pope Rezone 08115.doc ?~ %~ " +, ~~ ~~ THE LAND t}$OUP, [NC. Thence South S6°34'44" East a distance of 25.03 feet to a point; Thence 90.45 feet along the arc of anon-tangent curve to the Left, said curve having a radius of 300.00 feet, a central angle of 17°16'28", a chord bearing of South 27°30'17" West, and a chord distance of 90.11 feet to a point; Thence South 18°52'04" West a distance of 113.44 feet to a point; Thence 153.24 feet along the arc of a circular curve to the right, said curve having a radius of 300.00 feet, a central angle of 29°15'58", a chord bearing of South 33°30'01" West, and a chord distance of 151.58 feet to a point; Thence South 48°08'00" West a distance of 161.28 feet to a point; Thence South 56°00'56" West a distance of 104.16 feet to a point; Thence 178.24 feet along the arc of a circular curve to the left, said curve having a radius of 285.47 feet, a central angle of 35°46'26", a chord bearing of South 36°15'27" West, and a chord distance of 175.36 feet to a point; Thence South 18°41'27" West a distance of 98.38 feet to a point; Thence 70.69 feet along the arc of a circular curve to the right, said curve having a radius of 45.00 feet, a central eagle of 90°00'00", a chord bearing of South 63°41'27" West, and a chord distance of 63.64 feet to a point; Thence North 71°18'33" West a distance of 255.14 feet to a point; Thence 108.69 feet along the arc of a circular curve to the right, said curve having a radius of 316.75 feet, a central angle of 19°39'37", a chord bearing of North 62°01'40" West, and a chord distance of 108.15 feet to a point; Thence 53.79 feet along the arc of a circular curve to the left, said curve having a radius of 300.00 feet, a central angle of 10° 16'25", a chord. bearing of North 57°20'04" West, and a chord distance of 53.72 feet to a point; Thence North 28°49'56" East a distance of 25.01 feet to a point; Thence North 00°38'49" East a distance of 689.41 feet to the POINT OF BEGINNING. The above-described tract of land contains 12.76 acres, more or less, subject to any existing easements or rights-of--way. The above legal description is written for rezoning purposes only and is aot intended for the use of transferring property rights. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAQ REVt PP VAL BY QC~ M WpRiK3 AEPT•1~ ~d Lardreepe.4rcliihdme • Site Plmixiag • CivilEngineering • Golf'C.•xrn Irrrgadion ds Engineering • GsafibicCommxracation 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 ~ www.thelandgr4u inD GCpm G:\2008\08115\Admia\Legals\L 081005 Pope Rezone 08115.doc Situated in a portion of the N 1/2 of the NE 1/4 of Section 23, Township 3 North, Range 1 West, B.M. City of Meridian, Ada County, Idaho 2008 w oven Rn. 14 ................................ 589'19'41"E 2sst.~3' ..................................... • 14 13 915.41' 1746.32' 23 FOUND BRASS CAP . . ~ . . - . . ~ . . ~ . . ____ . ,FOUND 1/Z• sTEEI. Pt23 24 NORTH 1/4 CORNER ^ NORTHEAST CORNER SECTION 23 ~ t SECTION ~ ( `~ /_~ n~ i-119.46' POINT OF BE(~NNtNG N54 39'26°E 50.00' ( NOT A 100.00' ~ ~`~ ( PART ~ S5634'4 ~ N1a5i'o4•E i I 25.01 1 ~-~ ~/~-r lt1! ~~' ~°~ : ~ . see. :~ ~ ,~e 7o.5r ~ 8~2'oawv / ~S494~46~ 113.44' Parcel °A" Current Tax District: TN-R / /Proposed Tax District: TN-C o~ / 556039.80 ±Sq Ft ~o 12.76 ±AC s5sroa'SS°w ~,e'~'O',~~e '''i1-!' ~518.41'27°w ASS 14' ~ 98.38' TN-R R-8 TN-R ov~~. R BY aCT ZQ M WORK DEPTIC -SEE SHEET 21=0R CURVE TABLE AND LEGEND- PROJECT INFORMATION vo~r' ~ ~/~I llb~~ pL/fl ~~~ Rezone Exhibit ~~ ~~B Southridge -Pope r~ (aae~ ure-~ ~ Scale: 1" =200' 10-x-08 0$115 1 of 2 Fach~it "B" • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.09- l~q l.P PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a tract of land situated in a portion of the N %2 of the NE'/a of Section 23, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particulazly described in Attachment "A". This parcel contains 12.76 acres more or less. Also, this pazcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. ``Th i~~p~d~mance shall become effective on the day of 2009. `~~~~ ~ ''~~~,,~~ rya -, City o eridian ~~;~j, Mayor and City Council 9 ~~ By: Jaycee L. Holman, City Clerk =;~ yo ~'~T ~s~ ,'~ ~O ~; First Reading: ~ - ~j-~ °- ~~''%,,c0 ' `~~`~~~ Adopted after first reading by suspension of'~i'~' R4~'e as allowed pursuant to Idaho Code 50-902: YES~_ NO Second Reading: ~- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09- 1~~ lJQ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 09-~of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ day of , 2009. 1~--~c~ r William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 08-008 -BEACON AT SOUTHRIDGE Page 1 ADA COUNTY RECORDER J. OOSLD NAVARRO AMOUNT .00 4 _ BOISE IDAHO 02!06109 12:0', RE ORDEDC REQUEST OF III IIIIII~III'll'lll'III~'I~IIIII I ~II Meridian City 1 ~~01.~ i .~~ CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A 12-FOOT PUBLIC UTILITY EASEMENT LYING IN LOTS 42 AND 43 OF BLOCK 1 OF SPURWING SUBIDIVISION, ARS FILED FOR RECORD IN T~ OFFICE OF THE ADA CONY RECORDO , BOISE, IDAHO IN THE BOOK OF PLATS AT PAGES 7104 THROU G i WEST, TOWNSHIP 4 NORTH, RAN LYING IN THE SW '/4 OF SECTION 23, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 13, 2009 the City Council of Meridian, held a hearing on the 12-foot public utility easement vacation lying in Lots 42 and 43 of Block 1 of Spurwing Recorder, Boise, Idaho in Subdivision, as filed for record in the office of the Ada County Book of Plats at pages 7104 through 71081ying in the SW 1/a of Section 23, Townshipan4 d North, Range 1 West, Boise Meridian, City of Meridian, Ada County, State of Idaho, WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY 'rte MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO' Section 1. That the 12-foot public utility easement lying in Lots 42 and 43 of Block Recorder, 1 of Spurwing Subdivision, as filed for record in the office of the Ada County Boise, Idaho in Book of Plats at pages 7104 through 71081ying in the SW 1/a of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit «A» VACATION OF PUBLIC UTILITIES, DRAINAGE AND IRRIGATION FOR SPURWING SUBDIVISION - VAC 08-008 page I of 2 • Legal Description and Exhibit Map of Easement Proposed to be Vacated T~.~L.~~'~ L1~[ti~ aa~ ~, ~+~ ~~~ ~ ~ c;ry, toar~ s~7~~ Si~J~1i~'Y~~N~ Iz~y ~~ -~, ~~ ~ Pr:1~©.. ~2~q Data: Novernts~r ~. 238 DESCRIPTIOAI F©R ECKERSOI.I, t~'Rt~PER?Y 92' PtJBL)C UTILITY E~-BtI~IT bA~ITtt3N A 9~~Faot Pubic Utility invent tying in Lots 42 a~ 4S of f~fadc 9 of Spurwing Subdi~islgn, as for rec~irol in tl~ alt"ira ~ the Ads Ccwtity. Ra~r~sr, Ba3se, lda~ In S~tc of Play st pages 711)4 thrcttgll ~1OB lying In SW 1~+4 c+I ~SeV~I"art ~~, T.4lU, 1~.1 W., ~14A:.,. ll~Iet'kliari, ~CountK, Idaho and rn~dre pa+rg~Y i~ ~s tolN: B`~t~ti~ItN~i at an iron pln martitng fire Sr~i`reast corit~r of said. Lot 42A ~tene~ atary~.the Soc~ti~ bQUnda€3+.of said Lot ~~ South .~°4~~" ~Usst g.AA feet to a poitn; tl~~ ~~a~-in~ saki Soffit ~o~r~darg along a litter 13.4M fist 1~1€~st of and parat~l witli_tfva ~ourvEt~ry ~ sail Lot 4~ Nth tid°91`32" Vtft~st 317,7h feet ~ e ptri~'it gn ctan~e out t?to :Ntiitit tianir~ry~ of said Ldt ~, tfvc~rtce along satd North botat>~y o~ Lot 4~~ aid! t Nr~rtii battnda~y of ~3itild Lot A~ along the arc t~f a curve to the left 12I3i1~ feet, eaid.~~+rtre It®ving a redl~.o# 786.t~ feet, a c~ti'al angie of ©ly°52'~3~' aatd a long cl~tord Norgt~lf9°95'64" East 12.Op f ttr p.~~it:of-entting crf ourpp.thence- l~ t North bvian~ry elorvg a ~ ~.OD feet East ~of atiaf parallel vvlth the +~leat~ B~ridary Q~ said Lot 43 South f}tlb1~`3~° Eest Si7.85 feet to a palm on Ehe 3otdh ~ut~ary of said Lot 113 tl~r~ alottg •sald South bvuttdary Sot, 8€t~'~2#D" West S, t30 t tv the PDItiTT !?F BEG(Nl!IIIOtQ. ~,ii ~J 0 n ,DO ~~ ~~ ~~ \ ~ C ' ° PUBLIC UTILITY BASEMENT VACATION EXMIf3 ~ ~ '~- .. _ ~ \ emirs _ _ ~ ~O.R $PUR1dlN~ SUSfliVISIQN ~ 4 .. , -, ~ ~~~ ~ ~ ~ .. 1 2.,E ~~ t ~~~ ~ , ~~` ~ r „ i. ~~ ~>~ sa !~ VALATED n a '~ ~ 0 so 100 zoo 4 1 b ~ ~ ~ 43 44 SrAt•E 1N FEET 42 4€i - e~ 6+ 4 ~ `z ~" ' - ~ 89'48'28' tl._--~,- .. 2.00' 33 CURVE TABI ~~ ~I.TA .~ {p0; Cif - ~ O'32's~ s9'13 rioo • 32 3 ]. __ ~~` 30 17SA-~E1v1~O~N4 10.71-a8 08: SS~.~ adl4brpo -."--- -,__~ ~-+~-- .~ ~~~ lC~ Y 'c ~ i ~~~ r~--> t r~ a ti ~,`~~~ba`'~f ~~~ 0 ~I t- January 30, 2009 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT ITEM NO. ~ O REQUEST Ordinance -Parking Ordinance (1st of 3 Readings) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ' CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: \~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: i NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become properly of the City of Meridian. • January 30, 2009 RZ 08-007 MERIDIAN CITY COUNCIL MEETING February 3, 2009 APPLICANT Eagle Spring Investments, LLC ITEM NO. 11 REQUEST Ordinance -Request for Rezone of 5.91 acres from R-8 to R-15 zones for Windham Place -east of North Meridian Road and east Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: See attached Qrdir~nce 0~ ~q`b Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. AMOUNT .uu a ADA COUO~ 0?J 6 09ER2'O~P~D NpyARRO BOISE ^ ~~~ ~~~~I~~~~~~~~~~~~~~~~~~~~~~I~ ~~ ~I~ DEPUTY Vicld Allen 1 ~~~ 1.,15 - RECORDED-REQUEST OF Meridian City ~~ CITY OF MERIDIAN ORDINANCE NO. MBA RO-ONTREE, ZARE CITY COUNCIL: BIRDS HOAGLUN, BY THE gAM PLACE) FOR ANNEXATION OF A INArTCE (RZ OS-007 WIN oN OF LSD EXCEPTING LOTS 1 AND 16, AN ORD D BEING A pORTI CORDED IN BOOK 98 OF PLATS AT PAGE TRACT OF LAN OF, AS SAME IS RE GOVERNMENT LOT 6 OF BLOCK 1 THERE CORDS LOCATED IN RIDIAN, ADA 1242, ADA COUNTY ~ RANGE 1 EAST, BOISE ME AND ANN G TION 6, TOWNSHIP 3 NORTHD, IN ATTACHMENT '~A" ID~O AND SEC OAS DESCRIBE A COUNTY, COUNTY L DS A~ TERRITORY, SITUATED IN AD CITY CERTAIN PUS TO THE CORPORATE LINII ESTAB~ HING ADJACENT AND CONTIGU VESTED BY THE CITY G ~~ SIFICATION OF SAID OF NIERIDI~AN REQ ~, LAND USE ZONIN DISTRICT) TO R-15 AND DETE EDIUM DENSITY RESIDENT ~ THE N1ER~~ CITY LANDS FROM R 8 ~ CE SHALL BE FILED UM-HIGH DENSITY RESIDENTIAL~S ORDINAN RAND (NIEDI CODE; PROVIDING THAT COPIES O A COUNTY RECORD WITH THE ADA COUNTY ASSESSOR, THE ~ REQUIRED BY~ LAW; AND COMMISSION, AND PROBING FOR A THE IDAHO STATE TAX Y OF THE ORDINANCE; PROVIDING FOR A SUMM G RULES; AND PROVIDING AN EFFECTIVE DATE. WAIVER OF T~ gEADIN YOR AND TIi~E CITY COUNCIL OF THE CITY OF BE IT ORDAINED BY THE MA E OF IDAHO MERIDIAN, COUNTY OF ADA, STAT attached Legal Description CTION 1. That the following described land a.s evidenced by of Meridian, SE ,~ • the corporate limits of the City herein incorporated by reference as Exhibit A is within b the owner of said e Ci of Meridian has received awritten reyuestfor re-zoning y Idaho, and that th tY A. Graves LLC and Zachary property, to-vv~t: Eagle Sp~'ings Investments, ribed real property is hereby annexed and re-zoned from R-8 SECTION 2. That the above-desc ct to R-15 (Medium-Hid Density Residential District), in the (Medium Density Residential Dlstn ) Meridian City Code. and the t the City has authority Pursuant to the laws of the State of Idaho, SECTION 3• Tha Ordinances of the City of Meridian zone said property. re uirements pursuant to the SECTION 4. That the City has complied with all the noticing 9 o and the Ordinances of the City of Meridian to re-zone said property. laws of the State of Idah , s as well N 5. That the City Engineer is hereby directed to alter all use and area map SECTIO the boundaries and the zoning districts of s and all official maps depicting as the official zoning map , the City of Meridian in accordance with this ordinance. page 1 of 3 EXATION - RZ Og-007 WINDHAM PLACE SUBDIVISION ANN