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HomeMy WebLinkAbout2006-08-08_ ~. ~r~ ,1~ CITY OF ~~~b~ ~ IDAHO ,F h e~, ~a a ~ Trteasur~ V A~ 1~3 Revised 8-7-06 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 8, 2006 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 best of the ability of the presenter." 1. Roll-call Attendance: ,~ Shaun Wardle ~ Joe Borton _~ Charlie Rountree ~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: l~Qa ~~ h~a~r- a+GeG~2eYd 3. Community Invocation by Pastor Russ McCrea, with Living Grace Community Fellowship: ~~~G~ 4. Adoption of the Agenda: ~~--~ ~~° rcvr~o~ 5. Consent Agenda: A. Approve Minutes of July 11, 2006 City Council Regular Meeting: ~ v-e, B. Approve Minutes of July 18, 2006 City Council Regular Meeting: ~~~v~~.- C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: ay~an'v~c_ D. Findings of Fact and Conclusions of Law for Approval: PP 06- 007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: ~~~~,-~v,e~ Meridian City Council Meeting Agenda -August 8, 2006 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acxommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. >' Revised 8-7-06 E. Findings of Fact and Conclusions of Law for Approval: AZ 06- 022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: ~~~•~•c~v~ F. Findings of Fact and Conclusions of Law for Approval: PP 06- 022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: ~~,~c.~ G. Approve New Beer and Wine License Applications for Sizzler No. 215 by Sizzling Platter, LLC at 3380 N. Eagle Road: ~~:~wv H. Approve Beer and Wine License Transfer from Albertson's, Inc., to New Albertsons, Inc. for Albertson's #164 located at 20 E. Fairview Avenue: -,~~, I. Approve Beer and Wine License Transfer from Albertson's Inc., to New Albertsons, Inc. for Albertson's #180 located at 3301 W. Cherry Lane: a~r~,.,,~-e_ J. Sanitary Sewer and Water Main Easement Aareement for Settlement Bridge No. 6 by Capital Development, Inc.: ~las~.yr~wc~ K. Chancre Order No. 2 for the Black Cat Lift Station with JC Constructors, Inc.: a~r-,ro~^-c.- ~,- ~ ~d~ ~q~, ~-~ L. Water Main Easement Aareement for Lot 3. Block 5, of Bonito Subdivision with EI Dorado Hotel Partners, LLC: ~~~~~- M. Water Main Easement for the Eagle Road - 184 to Franklin (Water Main Relocate) Project with St. Luke's Meridian Medical Center: N. Wastewater Treatment Facility Process Enhancement Study for Miscellaneous Wastewater Pro'ects with HDR Engineering, Inc.: ~~~-o~-c.- ~-~,^ ZP~m~v pv O. Permanent and Temporary Easement Contract for Naomi Farms, LP for North Black Cat Proiect: P. Contract for Geotechnical Services for Well 27A and 27B with HvdroLoQic: ~~.,,,,.e_ ~ ~3j 3 cl S, pv Q. Centrate Tank Task Order No. 6 Amendment No. 1 for the Centrate Equalization Tank Construction Management Services with Carollo Engineers: ~~~-o-~-~- ~2~®F/O.ov -- Meridian City Council Meeting Agenda -August 8, 2006 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to doc~merrts and/or hearing, - please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. e ~ ~~ t~ u R. Senior Center Rehabrlrtatron Phase II Accessrbrlitv ICDBG-06- III-05-SR a~~-av ~ S. Development Agreement: AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 zones for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: ~~~''~~ T. Development Agreement: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) zones for Sundance Subdivision No. 5 by Dave Evaris Construction -northeast comer of Ustick Road and Meridian Road: G~'~'~'°"`- U. Resolution No. ~6- ~~~ :CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: a i~w V. Lease Agreement with Xerox new Copy Machine in City Clerk's OfFce: q~,~~v~c~ W. Agreement for Professional Services for Wireless Network Infrastructure Maintenance, Operation Support, and Repair with Zial Network: ~'~~h-,v v~c~ ~ ~° ~c~' 6 8 ~, 00 6. Department Reports: A. Police Department -Chief Bill Musser 1. Budget Amendment for K-9 Traininct Facility: ~z-r °~' ~~ 7oD. vv r~-j°~''''®~'~- B. Fire Department -Ron Anderson IQ~~itr~v%dh. C ih ~ ~ 21Cc~ ~'/ Z ; Doa. 00 1.~'°~ of ~ Fire 11~~ h~ l 1 ~Z piefce ~~~w~. C. Planning Department -Steve Siddoway 1. Discussion on gateway boulevards: ~~crtiS~~ ~~~~ 2. Question Related to Annexation Policy regarding Spurwing Annexation: o~~~~.e~ D. Mayor's Office 1. Pack the Track Proclamation: ~~~-~ Meridian City Council Meeting Agenda -August 8, 2006 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-7-06 7. Items Moved from Consent Agenda: ~~ 8. FP 06-033 Request for Final Plat approval for 73 single-family residential building lots and 12 common lots on 26.58 acres in an R-4 zone for Reflection Ridge Subdivision No. 1 by McMillen Engineering - 4275 South Locust Grove Road: ~~,~ ~ 9. FP 06-034 Request for Final Plat approval for 53 single-family residential building lots and 6 common lots on 16.83 acres in an R-8 zone for Crossfield Subdivision No. 3 by Heron River Development, LLC. - 955 West Ustick Road: ~~,,-~ v.,e.~ 10. FP 06-032 Request for Final Plat approval for 107 single-family & townhome residential building lots, 23 common lots, 3 commercial building lots & 2 other lots on 22.95 acres in C-C, R-8 and R-15 zones for Hightower Subdivision by Hightower, LLC -Southwest comer of Jericho Road and Chinden Boulevard: ~~~,,,~ ~ ~~ur¢ 1ST 2vo 6 11. FP 06-035 Request for Final Plat approval for 23 commercial building lots and 1 common lot on 31.37 acres in a C-G zone for Centre Pointe Subdivision by Winston Moore -Northwest comer of East Ustick Road & North Eagle Road: ~pyy~ vLe~ 12. VAC 06-010 Request to Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hightower Subdivision by Hightower, LLC -Southwest comer of Jericho Road and Chinden Boulevard: C~,.~-viG,,e., ~- l~i~u~'~ !~ Zom6 13. Continued Public Hearing from June 27, 2006: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: ~~f?r,,~ f~ ~~.~,,r~. /~ Zeal 14. Continued Public Hearing from June 27, 2006: AZ 06-019 Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: C ~~ h H.c-/J /~ ~ ~f f 2 Z~ Z~~ 6 15. Continued Public Hearing from June 27, 2006: P 06-018 Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: Gar~ih~ /~/h- ~ ~~~~~ 2Z~ 2006 16. Continued Public Hearing from July 11, 2006: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN-R (Traditional Neighborhood-Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94 acres) zones for Meridian City Council Meeting Agenda -August 8, 2006 _ Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-7-06 Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: ~~r~,.-®~~.c - arch a~ -~l ~ ~ G /-~ 17. Continued Public Hearing from July 11, 2006: PP 06-013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN-R and C-N zones for Tanana Vallev Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: ~~~ ~,.,~~ mac. ,~-`~ ~ ~f-~ 18. Continued Public Hearing from July 18, 2006: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group -southwest comer of North Locust Grove and Chinden Boulevard: ~~,~ yj,~;,,~, ~/~ ~, ~~,~ Ss 2od6 19. Public Hearing: TE 06-014 Request for approval of a one-year Time Extension to record the final plat for Buich Subdivision by RGJ Cherry Lane, LLC - 2150 W. Cherry Lane: ~ym,v.c_ 20. Public Hearing: TE 06-015 Request for approval of a one-year Time Extension to commence the Conditional Use Permit for Buich Subdivision by RGJ Cherry Lane, LLC - 2150 W. Cheny Lane: a~~~,~- 21. Ordinance No. ®~'- ~~~~ RZ 06-003 Request for a Rezone of 3.13 acres from R-4 (Low-Density Residential) to L-O (Limited Office) zone, including modifications to the existing Development Agreement for Lochsa Falls Subdivision for Hastings by Monterey, LLC - 2300 West Everest Lane: a~~~ 22. Ordinance No. _ ®~ ~ ~'~~ ~ AZ 06-023 Request for Annexation and Zoning of 1.0 acres from RUT to R-2 zone for Martin Annexation by the Ada County Highway District - 1120 South Locust Grove Road: ~~~~- 23. Ordinance No. ®~~ 1~~~ AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: ~~~--- 24. Ordinance No. ®6 '-~~~ RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: ~~j~ wc- 25. Ordinance No. ®~ ®1~~~ Exchange of Certain City Owned Real Property Located at 55 East Broadway Avenue in the City of Meridian: ~~~ ~ ____ Meridian City Council Meeting Agenda -August 8, 2006 Page 5 of 6 All materials presented at public meetings shall become property of~e City of Meridian. Anyone desiring accommodation for disabilities related to documeFrts and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 8-7-06 ~~ 26. Approve 2007 Fiscal Year Tentative Budget: 27. Executive Session per Idaho State Code 67-2345(1)(a)-(to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): ~ v~ a~~- a-~,~,...~~ Meridian City Council Meeting Agenda -August 8, 2006 Page 6 of 6 All materials presented at public meetings shall become property~f the City of Meridian. Anyone desiring accommodation for disabilities related to~ioca~ments and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~I~r°Se. ~ s+ 4• ~ ~~~5' ~~` ~~r.~ CITY OF ~ - ~ ~ t; p ~' _ ~w~a ~~~~Y't eY1G~1G~"1? innHO ~' y /~ s~, DER ° ~ 7'aEnsuRe V NAY s~ece ,1993 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 8, 2006 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 best of the ability of the presenter." 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird 2. Pledge of Allegiance: Mayor Tammy de Weerd 3. Community Invocation by Pastor Russ McCrea, with Living Grace Community Fellowship: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 11, 2006 City Council Regular Meeting: B. Approve Minutes of July 18, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 06- 022 Request for Annexation and Zoning of 9.98 acres from RUT to Meridian City Council Meeting Agenda -August 8, 2006 Page 1 of 5 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. an R-4• ne for Prato Villas Subdivision • evin Harris of Bri s Y 99 Engineering - 4052 & 4202 W. Daphine Street: F. Findings of Fact and Conclusions of Law for Approval: PP 06- 022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision by Kevin Hams of Briggs Engineering - 4052 & 4202 W. Daphine Street: G. Approve New Beer and Wine License Applications for Sizzler No. 215 by Sizzling Platter, LLC at 3380 N. Eagle Road: H. Approve Beer and Wine License Transfer from Albertsons. Inc., to New Albertsons. Inc. for Albertson's #164 located at 20 E. Fairview Avenue: Approve Beer and Wine License Transfer from Albertsons. Inc., to New Albertsons, Inc. for Albertson's #180 located at 3301 W. Cherry Lane: J. Sanitary Sewer and Water Main Easement Aareement for Settlement Bridge No. 6 by Capital Development, Inc.: K. Change Order No. 2 for the Black Cat Lift Station with JC Constructors, Inc.: L. Water Main Easement Aareement for Lot 3. Block 5, of Bonito Subdivision with EI Dorado Hotel Partners, LLC: M. Water Main Easement for the Eagle Road - 184 to Franklin (Water Main Relocate) Proiect with St. Luke's Meridian Medical Center: N. Wastewater Treatment Facility Process Enhancement Study for Miscellaneous Wastewater Projects with HDR Engineering, Inc.. O. Permanent and Temporary Easement Contract for Naomi Farms, LP for North Black Cat Proiect: P. Contract for Geotechnical Services for Well 27A and 27B with HydroLoaic: Q. Centrate Tank Task Order No. 6 Amendment No. 1 for the Centrate Equalization Tank Construction Management Services with Carollo Engineers: Meridian City Council Meeting Agenda -August 8, 2006 Page 2 of 5 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. R. Senior Center Rehabilitation Ph • ase II Accessrbrlrty ICDBG-06- III-05-SR S. Development Agreement: AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 zones for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: T. Development Agreement: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) zones for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: U. Resolution No. :CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast comers of South Eagle Road and Victory Road: V. Lease Agreement with Xerox new Couv Machine in City Clerk's Office: W. Agreement for Professional Services for Wireless Network Infrastructure Maintenance, Operation Support, and Repair with Zial Network: 6. Department Reports: A. Police Department -Chief Bill Musser 1. Budget Amendment for K-9 Training Facility: B. Fire Department -Ron Anderson 1. Rehab of Old Fire Truck: C. Planning Department -Steve Siddoway 1. Discussion on gateway boulevards: 7. Items Moved from Consent Agenda: 8. FP 06-033 Request for Final Plat approval for 73 single-family residential building lots and 12 common lots on 26.58 acres in an R-4 zone for Reflection Ridge Subdivision No. 1 by McMillen Engineering - 4275 South Locust Grove Road: Meridian City Council Meeting Agenda -August 8, 2006 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. FP 06-034 R• est for Final Plat approval for 53• le-famil residential 9 Y building lots and 6 common lots on 16.83 acres in an R-8 zone for Crossfield Subdivision No. 3 by Heron River Development, LLC. - 955 West Ustick Road: 10. FP 06-032 Request for Final Plat approval for 107 single-family & townhome residential building lots, 23 common lots, 3 commercial building lots & 2 other lots on 22.95 acres in C-C, R-8 and R-15 zones for Hightower Subdivision by Hightower, LLC -Southwest comer of Jericho Road and Chinden Boulevard: 11. FP 06-035 Request for Final Plat approval for 23 commercial building lots and 1 common lot on 31.37 acres in a C-G zone for Centre Pointe Subdivision by Winston Moore -Northwest comer of East Ustick Road & North Eagle Road: 12. VAC 06-010 Request to Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hightower Subdivision by Hightower, LLC -Southwest comer of Jericho Road and Chinden Boulevard: 13. Continued Public Hearing from June 27, 2006: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 14. Continued Public Hearing from June 27, 2006: AZ 06-019 Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: 15. Continued Public Hearing from June 27, 2006: PP 06-018 Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: 16. Continued Public Hearing from July 11, 2006: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN-R (Traditional Neighborhood-Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94 acres) zones for Tanana Valley Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast comer of Meridian Road and Victory Road: 17. Continued Public Hearing from July 11, 2006: PP 06-013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN-R and C-N zones for Tanana Valley Subdivision Meridian City Council Meeting Agenda -August 8, 2006 Page 4 of 5 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. (f.k.a. - Lookout Ridge Subdivision) by Farwest, • -southeast corner of Meridian Road and Victory Road: 18. Continued Public Hearing from July 18, 2006: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group -southwest comer of North Locust Grove and Chinden Boulevard: 19. Public Hearing: TE 06-014 Request for approval of a one-year Time Extension to record the final plat for Buich Subdivision by RGJ Cherry Lane, LLC - 2150 W. Cherry Lane: 20. Public Hearing: TE 06-015 Request for approval of a one-year Time Extension to commence the Conditional Use Permit for Buich Subdivision by RGJ Cheny Lane, LLC - 2150 W. Cheny Lane: 21. Ordinance No. RZ 06-003 Request for a Rezone of 3.13 acres from R-4 (Low-Density Residential) to L-O (Limited Office) zone, including modifications to the existing Development Agreement for Lochsa Falls Subdivision for Hastings by Monterey, LLC - 2300 West Everest Lane: 22. Ordinance No. AZ 06-023 Request for Annexation and Zoning of 1.0 acres from RUT to R-2 zone for Martin Annexation by the Ada County Highway District - 1120 South Locust Grove Road: 23. Ordinance No. AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: 24. Ordinance No. RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction -northeast comer of Ustick Road and Meridian Road: 25. Ordinance No. Exchange of Certain City Owned Real Property Located at 55 .East Broadway Avenue in the City of Meridian: 26. Approve 2007 Fiscal Year Tentative Budget: 27. Executive Session per Idaho State Code 67-2345(1)(a)-(to consider hiring a public ofFcer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): Meridian City Council Meeting Agenda -August 8, 2006 Page 5 of 5 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. Nak TX T I ON REPORT xok AS OF RUG 04 ' 06 ~? PRIG. 01 CITY OF MERIDIAN DRTE TIME TOiFROM MGDE MItJiSEC PGS CMDp STRTUS 06 08/04 1544 3810160 EC--S 02'56" 005 137 OK 07 08/04 15 47 PUBLIC WORKS EC-S 01' 40" 005 137 OK ~ 08104 1550 8848723 EC-S 01' 40" 005 137 OK 09 ~i04 15 ~ 52 WATER DEPT EC-S 01' 40" 00.5 13? OIC 10 08104 1554 2088840744 EC-S 01'44" 005 137 OK 11 x/04 1557 POLICE DEPT EC-S 01'41" 005 137 OK 12 08104 1559 8985501 EC-S 01'39" 005 137 OK 13 08104 16 01 LIBRARY EC-S 01' 41" 005 137 OK 14 08/&t 1604 2083776449 EC-S 01'39" 005 137 OK 15 08/04 16=06 3886924 EC-S 01'41" 005 137 OK 16 08104 1608 P-RND-Z EC-S 01'40" 005 13? OK 17 08/04 16 10 FIRE DEPT EC-S 01'39" 005 137 OK 18 08104 16 13 208 81~ 2682 EC-S 01'42" 005 137 OK 19 08104 16 15 208 387 6393 EC-S 01'40" 005 137 OK 20 08104 16 17 RDR CTY DEUELMT EC-S 01'40" 005 137 OK 21 08104 16 19 2085052 EC-S 01'40" 005 13? OK 22 08104 1622 LRKEUIEW GOLFCOU G3-S 03'17" 005 137 OK 23 08/04 1626 I DRHD RTI-~ET I C C EC-S 01' 41 " 005 137 OK 24 08104 1628 ID PRESS TRIBUt`E EC-S 01'40" 005 137 OK 25 08104 1630 2088886701 EC-S 01'40" 005 137 OK r-r: clse. -vst +cX' Nu~~ r3~~ -mss N u~rv ciP 1 = ~'~, CITY COUNCIL REGULAR BYIGI~ZGt`j? '` ~~ MEETING AGENDA IDnF10 C 6T V City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, August 8, 2006 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 best of dIe ability of the presenter. 1. Roll-call Attendance: Shaun Wardle Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Russ McCrea, with Living Grace Community Fellowship: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of July 11, 2008 City Counfal Regular Meeting: B. Approve Minutes of July 18, 2008 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for ApprovaF: AZ 06- 009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 08- 022 Request for Annexation and Zoning of 9.98 acres from RUT to Merktian City Council Meeting Agenda -August 6.2006 Page 1 of 6 AU materials presented et public meetings sha® bet~rrre property of the City of Meridian. Anyone desiring accommodation for disabditles related to documents and/or hearing, please contact the City Clerk's Office at 896-gg33 at least 46 hours prior to the public meeting. Meridian City Council Meeting August 8, 2006 The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, August 8, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, Joe Borton and Charlie Rountree. Others Present: Bill Nary, Will Berg, Anna Canning, Bill Musser, John Overton, Ron Anderson, Bill Johnson, Len Grady, Doug Strong, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the meeting to order. Good evening. Thank you for joining us. It is Tuesday, August 8th. It's 7:00 p.m. I will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Russ McCrea, with Living Grace Community Fellowship: De Weerd: Tonight we will be led in our community invocation by Pastor Russ McCrea with Living Grace Community Fellowship. If you will all join us in the community invocation or take this as an opportunity for a moment of silence. Pastor. McCrea: Mighty God, we ask this evening that you might in this summer season bring us to the remembrance that we have many seasons in our own lives and even in the lives of our community. May we make the best use of this time. We ask your blessing to be upon us this evening, the mighty God whose hand created us and we ask that you'd bless our Mayor, our Councilmen, each of those city officers present and those -- all of those who serve us on a daily basis, who often go without thanks and appreciation. God, we acknowledge their gifts to you, their gifts to our community. We ask that you would grace them in their lives and their family's lives who serve us each and every day. Bless this time for us all together and may we learn greater in greater ways to serve and honor you. Amen. Meridian City Council r August 8, 2006 Page 2 of 40 Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. I do have a City of Meridian pin and we know it's a collector's items. Thank you for joining us. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda under item U of the consent is going to be a resolution. That number would be 06-525. And on our regular agenda Item No. 21 is 06-1246. 22 is 06- 1247. 23, 06-1248. 24 is 06-1249. And 06-1250 Item No. 25. Item No. 27 can be stricken from the agenda as we took care of this last week. With that I move we approve the revised agenda. De Weerd: Okay. Do I have a second? Borton: Second. De Weerd: Okay. I have a motion to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 11, 2006 City Council Regular Meeting: B. Approve Minutes of July 18, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: AZ 06- 009 Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: D. Findings of Fact and Conclusions of Law for Approval: PP 06- 007 Request for a Preliminary Plat approval for 85 single-family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision by Centennial Development, LLC - 470 West McMillan Road: E. Findings of Fact and Conclusions of Law for Approval: AZ 06- 022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: Meridian City Council August 8, 2006 Page 3 of 40 F. Findings of Fact and Conclusions of Law for Approval: PP 06- 022 Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 & 4202 W. Daphine Street: G. Approve New Beer and Wine License Applications for Sizzler No. 215 by Sizzling Platter, LLC at 3380 N. Eagle Road: H. Approve Beer and Wine License Transfer from Albertsons, Inc., to New Albertsons. Inc. for Albertson's #164 located at 20 E. Fairview Avenue: Approve Beer and Wine License Transfer from Albertsons. Inc., to New Albertsons. Inc. for Albertson's #180 located at 3301 W. Cherry Lane: J. Sanitary Sewer and Water Main Easement Agreement for Settlement Bridge No. 6 by Capital Development, Inc.: K. Chance Order No. 2 for the Black Cat Lift Station with JC Constructors, Inc.: L. Water Main Easement Agreement for Lot 3, Block 5, of Bonito Subdivision with EI Dorado Hotel Partners, LLC: M. Water Main Easement for the Eagle Road - 184 to Franklin (Water Main Relocate) Project with St. Luke's Meridian Medical Center: N. Wastewater Treatment Facility Process Enhancement Study for Miscellaneous Wastewater Projects with HDR Engineering, Inc.. O. Permanent and Temporary Easement Contract for Naomi Farms, LP for North Black Cat Proiect: P. Contract for Geotechnical Services for Well 27A and 27B with HydroLogic: Q. Centrate Tank Task Order No. 6 Amendment No. 1 for the Centrate Equalization Tank Construction Management Services with Carollo Engineers: R. Senior Center Rehabilitation Phase II Accessibility ICDBG-06- III-05-SR Meridian City Council August 8, 2006 Page 4 of 40 S. Development Agreement: AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 zones for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: T. Development Agreement: RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) zones for Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: U. Resolution No. 06-525 CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast corners of South Eagle Road and Victory Road: V. Lease Agreement with Xerox new Copy Machine in Citv Clerk's Office: W. Agreement for Professional Services for Wireless Network Infrastructure Maintenance, Operation Support, and Repair with Zial Network: De Weerd: Item No. 5 is Consent. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and that would include Resolution 06-525, CPA 05-001, and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion to approve the Consent Agenda. Is there any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Police Department -Chief Bill Musser Meridian City Council • August 8, 2006 Page 5 of 40 1. Budget Amendment for K-9 Training Facility: De Weerd: Thank you. Under department reports we will start with Chief Musser. Canning: Madam Mayor, before that there were a number of items that were going to be continued. Did you want to announce those now? De Weerd: Yes, I will. Canning: Thank you. Bird: And I apologize for not bringing that up. De Weerd: Okay. There are a couple of final plats and vacations that will be -- have been requested to continue. Item 10, requested to continue to August 15th. Item 12 requested continuation to August 15th. 13 as well to August 15th. And Item 18 is a vacation as well to September 5th. If anyone is here for any of those items I apologize, we will, however, continue those items. Okay. Thank you, Anna. Okay. Chief Musser. Musser: Madam Mayor, Members of the Council. This evening I'm here basically to see if there is any questions or cover any concerns that might be related to a budget amendment that I met with the Mayor already on and submitted in regards to the K-9 training facility. This is for an additional 40,700 dollars for capital to finish up the training facility. Basically that capital outlay will look at one time expenditures for radiant heat and the hot water boiler, finish up the HVAC. Also for fencing. And, then, within the confines of everything else that we are running with construction costs, we had about 6,200 dollars that we couldn't account for out of the initial 120,000 dollars that we kicked off this project with. De Weerd: Thank you, chief. As well I think when you came to give an overview of this facility you gave them a heads up on these expenditures and got the nod to go ahead and proceed with them. So, this is kind of a follow up to that as well. Musser: Yes, Madam Mayor. De Weerd: Thank you, chief. Any questions for the chief at this time? Only comment is it's a beautiful facility and I would ask you are the dogs enjoying it? Musser: Well, I haven't talked to any of them specifically, Madam Mayor -- De Weerd: You haven't? Musser: But at this time also we also haven't had any complaints either. We have kenneled at least one dog from Boise, two from Nampa at this time and, then, I think we Meridian City Council August 8, 2006 Page 6 of 40 had one that was pending from Ada County as well. So, we are getting usage from some of the other area K-9'ers already at this time. De Weerd: And before Councilman Bird says it, I know it's his favorite form of officer, because they don't talk back. Musser: No. But occasionally they do growl. Bird: Or they bite. De Weerd: Okay. Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If there aren't any other questions, I'd just like to thank the chief and his department, as well as all the volunteer activity that made this successful. With that I would move that we approve budget amendment for the police department in the amount of 40,700 dollars for the K-9 training facility. Bird: Second. De Weerd: Okay. I have a motion to approve the request in front of you for the police department. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Fire Department -Ron Anderson 1. Rehab of Old Fire Truck: De Weerd: Thank you. Item 6-B. Chief Anderson. Anderson: Good evening, Madam Mayor and Councilmen. I'm here tonight to ask for your permission to try what we call a refurb project on an older fire engine. It's listed on your agenda as a rehab and some of my brothers in the police department over there were kidding me about our fire truck needs rehab -- needs to go to rehabilitation. Kind of like some of the firemen. But, really, what we are talking about is taking an old fire engine -- this is a 1982 Pierce Arrow fire engine and what I would like to do is -- other than buying a new fire engine to replace this, is do a refurbish to this. So, this fire truck would go back to the factory where it was originally constructed and, then, they would put it through an extensive refurb and, hopefully, be able to extend the life of it. Anna, would you switch to the next slide? Here is the older fire engine in front there with the Meridian City Council August 8, 2006 Page 7 of 40 price tag of 175,000, not to exceed on the refurb and there is our brand new latest fire engine parked side by side and, hopefully, when we get done with this refurb you won't be able to tell much difference at all between those two fire engines and maybe some of you right now if you don't now much about fire engines, probably think they look pretty close to the same, just because they are both red and white, but there are a lot of differences between that one on the left and the one on the right. Next slide, Anna. Some of the upgrades that would be included is they would actually take that cab on that older fire engine and it is an open three-sided cab. So, the firefighters that sit in the rear of that are sitting right next to the engine doghouse, which you can imagine on a hundred degree day like today is very warm to be sitting next to that and it gets hot enough you can burn your arm on it. And during the wintertime it's quite cool to ride back there, especially when we have freezing temperatures. So, this would enclose that cab, put a raised roof on the rear part of the cab. They would rebuild all the major pump components, rebuild the valves, new gauges, all those kind of things. Put hydraulic ladder racks on the truck, additional compartments on the passenger side of the apparatus. Replace the steel tank, which those tanks rust out after a few years on those fire trucks and, then, you have to start continually patching them. So, a new poly tank would go in there. Replaces all the wiring from the cab of the truck all the way back. Puts the new NFPA, National Fire Protection Association upgrades on all the emergency lighting. Adds an engine brake. Recore the radiator, as well as a new paint job. Next slide, please. So, we are expecting that we can add another ten years of life to that vehicle by putting it through this refurb process. And the factory is back in Wisconsin and so we would be taking this fire engine back there near the end of September and starting that and it would take about four months for them to do this construction on it and bring it up to speed. And so what we are asking for tonight -- next slide. Is basically we need action from you guys, a motion authorizing the Mayor to sign an agreement to proceed with the work to refurbish this fire engine for a not to exceed amount of 175,000. And I would stand for any questions that you guys might have on that. De Weerd: Council, any questions? Bird: I have no questions. I have got a comment. De Weerd: Okay. Mr. Bird. Bird: I think that we are -- we basically get a -- and, you know, I know the price is 365, but by the time we get it furbished out we are around 400,000 and for 175,000 we are getting that and that truck, basically, isn't worth a whole lot if we don't redo it, because it is a 1982 and we bring it up to the deal -- I was fortunate enough to go back with the chief and one of the rural commissioners and get to go through this plant where they are doing this and what they turn out is amazing. I mean it will look just like the new one coming off the showroom floor. I think it's a very good investment for the taxpayers myself. De Weerd: Thank you, Bird. Yes, Mr. Rountree. Meridian City Council • August 8, 2006 Page 8 of 40 L` Rountree: Madam Mayor, just information for the record. Chief, what's the value of that engine as it sits today? Anderson: I can tell you we bought a sister truck to this one when I was in Nampa and we paid 38,000 dollars for it here about three years ago. Rountree: And the truck as it sits today is really not -- I don't know the word --qualified - - it's certainly legal, but it doesn't meet standards I guess or criteria for firefighting and firefighting apparatus at this point. Anderson: Right. Obviously, in 24 years times -- you know, fire apparatus have evolved a little bit and so some of the things like the three-sided cab, hydraulic ladder rack, poly tanks, all those kind of things, are newer standards. The truck -- fortunately, we have a very good basis to work with. This was a top quality truck when it was originally manufactured, has a very large engine, transmission, the drive train is all in real good shape on this particular apparatus, which makes it a nice candidate for this type of work and so one of the problems is this truck is called into service probably on about a weekly basis, as our other front line trucks go out of service. It doesn't have the same compartmentation as the newer apparatus, so quite often they have to decide which equipment they are going to carry and that may mean that when they are assigned to that new apparatus they have no extrication equipment with them and so of those kind of things. So, the extra compartmentation that will be added onto this engine as part of this refurb will allow them pretty much to switch their front line equipment from one engine over to this one and keep operating the business as normal. Rountree: That response added another question to my list. My next question is what's the position of the rural district? Are they supportive? Anderson: They are supportive of this and they would be paying their 20 percent of this refurb cost along with you guys. Rountree: And the final question as you indicated, that this is a backup unit for when we have our main engines at the various stations out of service. Do we have something to back this up during the four months? Anderson: We do right now until we open the next station, because we just took delivery of that new fire apparatus, so this is a good time to be doing that. Rountree: Okay. All right. That helps tell the story. Thank you, Ron. Anderson: Thank you. Wardle: Chief, one of the questions Ihave -- and certainly I agree that the cost savings that the taxpayers would get a like product is fantastic. Now, what type of warranty comes with this sort of a -- is there -- Meridian City Council August 8, 2006 Page 9 of 40 Anderson: The same as a brand new engine. One year with the work. Wardle: Okay. Anderson: So, basically, it would be like buying a brand new engine. Get the same warranty they do. Mr. Gorton. Borton: The question I have is to get ten years, do you expect, out of the reburbish? If you bought a brand new engine what's -- what would you generally expect to have on the useful life of a brand new one? Anderson: Normally they are saying on new fire engines about 20 years is the life expectancy of them and they are starting to extend that more and more, because of the cost of fire engines and this is -- you know, to be honest with you, this is kind of something that is a wee bit of an experiment for us and if it's successful with this fire engine, then, as some of our other engines age we will be asking to do refurbs on some of those, other than replacing. So, we are kind of trying this on a trial basis to see if it could be a cost saving measure for us in the future. Gorton: Okay. De Weerd: Thanks, chief. Any other questions? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no more discussion, I'd make a motion that we approve not to exceed the remodel of the 1982 Pierce fire engine and for the Mayor to sign and the Clerk to attest. Wardle: Second. De Weerd: Mr. Bird, would that be in this budget year or next budget year? Bird: Probably this one. Anderson: It's, actually, in next budget year, but we need the authorization to go ahead and start the work for this year. De Weerd: Okay. And in our budget for next year do we put 200,000 or 150,000? Anderson: We put 150 and we had 75 in the fire truck fund already and this is a not to exceed amount, so it may not exceed the 150, but I wanted to not have to keep coming back to you guys. I think it's going to be somewhere between 150 and 175. Meridian City Council August 8, 2006 Page 10 of 40 De Weerd: Okay. Thank you, chief. Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One other question. Ron, is that -- the 175 figure, does that include transportation costs --all costs associated with getting it there and back and -- Anderson: No. Borton: Is that just the work? Anderson: Yeah. I think I'm going to be the driver on a weekend driving that thing to Wisconsin. So, try to save a little bit of money on that. But, no, this is just the actual refurbish cost. Borton: Okay. De Weerd: Thank you. Okay. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Anderson: Thank you. And if any of you care to join me on that great adventure I'm sure that the officer seat, which has no suspension in it at all, would be a fun place for you to ride. C. Planning Department -Steve Siddoway 1. Discussion on gateway boulevards: De Weerd: Boy, that was really tempting. Okay. Item 6-C in our Planning Department. Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. Tonight I'm hoping to engage the Council in just a brief discussion to gauge your interest in the idea of landscaping medians on arterial roads and gateway areas of the city. We have some potential opportunities for some partnerships where we can get landscape medians built at no cost to the city, but the city would, then, have to agree to take on the long term maintenance of those. So, the cost to the city would be in the maintenance of them. Meridian City Council August 8, 2006 Page 11 of 40 There is the potential to try and target some of these areas for partnerships to get the medians built if the Council so chooses. I know the -- probably the main questions that have been trying to research is what does it cost. But, first of all, the -- the photos don't show up very well. I printed off some photos. The first one and the middle one, examples of major arterials in commercial gateway settings that include landscape medians in them. The bottom -- we are going to pass around the copy of the photos, just to give you some sense of what a landscaped arterial could be. They could look like many things, but the opportunity to get a landscaped median in the gateway areas, like a Ten Mile interchange, could bring a lot esthetic benefits, but we have to weigh those against their cost. So, what I have done is I have contacted -- the city of Boise maintains several landscape median areas today. I'm going to try and get it to come up a little better. I was able to get some sample costs from the city of Boise. Park Center Boulevard has an annual maintenance cost. They spend just at 21,000. Curtis Road, 23,000. Federal Way almost 24,000. Harrison Boulevard just under 20,000. And the islands that are in Vista 18,000. So, they all -- each project for them ranges around 20,000. I did ask them if these costs are comprehensive or if they are just the maintenance costs. They said they are comprehensive. They told me they include everything from fuel to staffing to administration costs, back flow testing. And, then, they have very detailed maintenance standards that includes maintenance to those standards. I did some quick calculations and found that the -- these costs represent anywhere from four and a half thousand dollars per acre up to about 9,000 dollars per acre, which is a little high given the current experience of our own city's parks department. In talking -- the note on the bottom there, which is still a little hard to read, their current cost for maintenance of the parks today ranges between two to four thousand dollars per acre. I just wanted to provide these to you to give you some sense of magnitude for what it would mean to an annual budget, because it would most likely impact our parks department's maintenance budget in order to maintain these landscape medians over time. I was told that the biggest factor in determining the cost of these maintenance -- of these median maintenance is whether or not they include turf. If they include grass, then, they have to be mowed weekly, they have to be watered, fertilized regularly. If instead of turf you put in shrubs, low ground covers, and trees, then, it -- they just need to go out basically monthly, clean out the trash, pull weeds, things like that. So, there is less maintenance in a ground cover and shrub setting than in a weekly mowing setting. That said, we have some interest -- boy, this really isn't showing up well. You know, they could -- this is across-section of an arterial road, two lanes each direction, bike lanes with the center landscape median. And would just open it to discussion, any direction as to whether you would like the Planning Department to pursue partnerships to get landscape medians built and we also have Doug Strong here to talk about impacts to the park's budget for maintenance. And I will stand for questions. De Weerd: So, Steve, I know that the per acre costs that you're quoting of Boise seems to be in some cases more than twice the cost of ours. So, those prices certainly are on the high end. Siddoway: I would agree. Meridian City Council August 8, 2006 Page 12 of 40 r De Weerd: This is also something that we have talked about in terms of interchanges and so this was applied to gateway corridors and what the esthetic entrance should look like. Siddoway: Yes. I don't believe that this treatment would be appropriate on every road to the city, but I think we might be strategic in picking some gateway areas, such as Ten Mile, where such a treatment could be successful. De Weerd: Okay. Thank you. Any questions from Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Steve, from my perspective I would absolutely want the Planning Department to pursue those partnerships. I think these types of gateway boulevard enhancements, especially down in the Ten Mile area or other proper locations, do nothing but enhance the value of the property around it I think. I'm not so sure it is a net loss to the city, quite frankly, despite the beautification process and the rising value of all the properties around it. I don't know if there is opportunities to -- rather than the city do maintenance, whether there is the ability to contract it out, which might be a cost savings. I know the city does that in some of their downtown tree maintenance. There might be some cost savings. But, regardless, I think it's an awesome opportunity. De Weerd: Any other questions from Council? Doug, would you like to comment? Strong: Madam Mayor, Members of the Council, Steve and I have talked about this to some extent and it is a little hard right now, because we don't have much history of these kind of areas to really nail down a maintenance cost. This is certainly an item -- these types of areas would be what we would consider including in our landscape contracts we are currently doing, should we continue that into the future, which is our current plan. It makes sense that the small areas be contracted and other areas that are in that and that cost we look at annually as we renew that contract. So, over time we will have a better idea of the actual cost, I think. But anything that would be added we would need to consider it for a future budget. De Weerd: Okay. Questions? Rountree: Madam Mayor, I have no questions, but I agree with what Joe said in terms of the value of these to the community, but they don't come without cost and they can be very costly if you don't plan properly for them. If we get to this point we need to make sure that we do accommodate the maintenance activity. Probably the single biggest issue with maintaining these, particularly under traffic, is safety and getting vehicles off the side of the road, allowing them to have access to off load mowers, signage, that sort of thing, to make it happen and that's why your costs go up, because Meridian City Council August 8, 2006 Page 13 of 40 it's not inexpensive to take care of those precautions that you don't typically have to do in the middle of a 20 acre park. The other issue that the city would face if we got into this program is that Doug would be back here just as the parks director is in Boise, grousing about his budget being eaten up for parks for beautification to the city. So, that becomes a real issue in the future. So, where these are is important. The amount we are willing to consider is important. And knowing that it's a long term investment that the maintenance cost far out strip the installation cost. But the installation cost and the installation design and planning is critical to making them work and make them work properly. So, I guess those are just bits of advice as we might look at this. Siddoway: Madam Mayor -- De Weerd: And I think, Steve, that's probably something that in working this idea through, looking at costs and -- versus turf and tree plantings, the maintenance on those, I think it's been stated by this Council that we certainly want to raise the bar and this not only helps the esthetics for the properties in and around these entry areas, it brands our city, it associates with our community values and identity, and I think those things are important. But if we could come back with some more solid numbers, if Council would like to move forward with this, we do have a partnership that is waiting for your direction and maybe this would be a good starting point to determine cost and bring those items back. But they do want to start design on it, so they are looking for a more immediate answer and that's the direction that I think Steve needs tonight. Is that correct, Steve? Siddoway: Yes. I'm looking for some direction on whether to proceed with pursuing these partnerships and I'm so far gaining the sense that, yes, I should do that. But to be conscious of the concerns that Councilman Rountree brought up -- and I would suggest that it also seems prudent knowing that with the single biggest impact in determining the cost being whether or not it has turF and requiring mowing and a place to stop and get a mower out, it would seem prudent that we first look at not including turf and trying to, instead, include landscaping that doesn't require weekly mowing. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a couple comments. And I think I have heard the term terascapes used on some of that low water maintenance. Certainly would suggest that that would be something I would like to see. I also agree that the beautification in the entryway corridors are important. The one thing that I would caution is that in adopting this policy of pursuing partnerships with the city at the City Council level, at sometime in the future we don't begin to derail any transportation projects or put them off because there may not be funding for the landscape to our requirement, as we have seen even in this valley on certain circumstances. So, just to keep that kind of as an open door policy. Meridian City Council August 8, 2006 Page 14 of 40 Siddoway: We would propose that these partnerships would not impact ACHD's budget in term of constructing the road, so -- Wardle: And, Madam Mayor, to that comment, Steve, I think the most important thing for our citizens is to move traffic right now and we need to plan for these in the future and we need -- you know, I personally feel that this is a benefit to the community, but -- Siddoway: But don't postpone those projects to get this. Understood. De Weerd: But I guess on the flip side of it, these center island treatments also help for safety aspects, because it restricts some of those turn movements that -- where we don't want them. So, I think not only esthetically are they pleasing, but they do give us some safety factors that are also nice in our transportation planning as well, so -- and I know, lieutenant, I probably beat you to that comment, but I saw you over there thinking it, so -- Siddoway: Agreed. Thank you. De Weerd: Thank you, Steve. Siddoway: Okay. Thank you. De Weerd: Okay. Item number C-2. 2. Question Related to Annexation Policy regarding Spurwing Annexation: Canning: Madam Mayor, Members of the Council, I am just here to ask for your advice on something before I accept an application. So, just to be clear from the get go, I am not asking you to comment on the development proposed by this application. The only thing I'm asking for is some advice as to the shape of the requested annexation and whether this is consistent with how City Council views the development of the city. And I haven't accepted this application, so I am able to talk to you about it tonight. We do have an application in currently for one lot within Spurwing Subdivision. The annexation path is a 50 foot private road that would connect for about -- I think that's a distance of about 300, 350 feet. So, this would be the annexation path to the city, this little tiny flag here for this property. When it first came in I had concerns -- I have heard the Mayor or members of the Council state that when one lot in a subdivision comes in, that all of the lots -- all of the lots needed to come in. I don't think you could have anticipated the one remainder lot for Spurwing that would come in asking, but Ijust -- I'm asking for your advice on -- if this comes all the way up to you and your first reaction is, no, they need to have more of an annexation path than that, then, I just want to be able to advise them of that currently. These were two fairways -- is that the right term? I'm not a golfer. These are -- there is a hole going this way -- or a fairway going this way and, then, it also wraps up around here. So, currently as proposed this development you would enter Spurwing, come around the corner, and, then, you would come down a public Meridian City Council August 8, 2006 Page 15 of 40 street here at the north end and into this. But like SSC would be coming into the unincorporated county and, then, picking up here, going back out. So, I'm just asking for advice today on whether you think this is an appropriate annexation path for this development. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I guess my comment is it's a polygon and you can map it, so at least you can get a legal description of it. Canning: Okay. Rountree: But whether it a proper string attachment to the city, I don't know. I don't think it's a good idea. And definitely wouldn't want somebody to think that they might have some kind of an access from Chinden into this area with that annexation path, so I probably wouldn't be in favor of it. That's my opinion. Canning: Now, is it the -- I guess what I need to know is should I advise them to include more area or should they just proceed with this one? Should they include portions of the golf course within their annexation, so it doesn't appear to be a city enclave in the middle of the county? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I know it's going to be difficult for them, but I think that's probably the avenue they need to pursue first. Canning: Okay. Rountree: Because this is an area that has been asked to be annexed into the city. Not just this lot, the whole area. At least by some. I'm sure there is going to be more that don't want to. But I think we owe it to ourselves to find out what the situation is. I don't know about the rest of the folks. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I agree. I think more land should be included. Meridian City Council August 8, 2006 Page 16 of 40 Canning: Okay. De Weerd: Okay. Any other comments? Bird: I don't disagree. De Weerd: That's a glowing endorsement. Canning: I think I have what I need. Thank you very much for entertaining that. D. Mayor's Office 1. Pack the Track Proclamation: De Weerd: Thank you. Item 6-D under the Mayor's office. I am sure all of you are aware that we have Pack the Tracks at Meridian Speedway going on right now. This used to be Cover the Blue in Boise and because they don't have access to the Bronco stadium, they have moved this annual food drive to the City of Meridian and the Meridian Speedway. This is a proclamation in recognition of that. Whereas the Boise Rescue Mission Ministries and KQFC 98 FM have organized their annual food drive and whereas the City of Meridian, the Boise Rescue Mission Ministries and KQFC 98 FM and partners have recognized this effective community food drive and designated this event as Pack the Track at Meridian Speedway and whereas the Boise Rescue Mission and associated agencies help feed the hungry in the Treasure Valley and have set a goal to raise 165,000 pounds of food to fill the race track at Meridian Speedway, whereas donations are distributed to the hungry in our community by the Boise Rescue Mission Ministries, First Baptist Church of Boise, Calvary Chapel of Boise, Northview Food Pantry, Meridian Food Bank and other food pantries and shelters in the Treasure Valley and whereas drop off barrels are located at the Meridian Speedway, Majestic Flooring and Design, all Fred Meyer locations in the Treasure Valley, Westmark Credit Union offices and other participating agencies and churches, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim August 8 through the 11th, 2006, as Pack the Track Days, urging all members of the Meridian community to generously respond to the needs of the Boise Rescue Mission Ministries and to become part of the solution to the hunger in Idaho, dated this 8th day of August 2006. The City of Meridian departments are having a competition on who can raise the most food in each of our buildings and so we are participating and will be present at Pack the Track Days. I will be there in the morning to hand this proclamation to the organizers and we hope that this shows how Meridian can step up and help in a very worthy event and cause. So, if there is no questions we will continue on our agenda. Berg: Madam Mayor, the City Council, if they would like, they can bring cans to my department and we would gladly take them. Nary: They can also bring cans to our department if they'd like to as well. Meridian City Council August 8, 2006 Page 17 of 40 Canning: Likewise. Nary: Cans of ham, that kind of thing. Bird: Are we judging by weight? Nary: Actually, items for us and weight by the -- Berg: Madam Mayor, we'd take anything in our department. De Weerd: For any of the members that here as well, if you would like to drop food off to the Mayor's office feel free to. As you can see we are not very competitive in our city. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda Item 8: FP 06-033 Request for Final Plat approval for 73 single-family residential building lots and 12 common lots on 26.58 acres in an R-4 zone for Reflection Ridge Subdivision No. 1 by McMillen Engineering - 4275 South Locust Grove Road: Item 9: FP 06-034 Request for Final Plat approval for 53 single-family residential building lots and 6 common lots on 16.83 acres in an R-8 zone for Crossfield Subdivision No. 3 by Heron River Development, LLC. - 955 West Ustick Road: De Weerd: So, Items No. 8 and 9 we have heard from the applicants that they are okay with staff conditions. Is that correct, Anna? Canning: Yes, ma'am. De Weerd: Okay. Canning: To note on Crossfield Subdivision we would ask that it would be -- if the Council so chooses to approve per applicant's response letter. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I would move we approve Item 8, FP 06-003. Bird: Second. Borton: Second. Meridian City Council August 8, 2006 Page 18 of 40 De Weerd: Okay Okay. Not nine? Wardle: Not yet. I have a motion to approve Item 8. Is that what your motion was? De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Meridian City Council August 8, 2006 Page 19 of 40 De Weerd: Okay. I have a motion to continue Item 10 to August 15th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: FP 06-035 Request for Final Plat approval for 23 commercial building lots and 1 common lot on 31.37 acres in a C-G zone for Centre Pointe Subdivision by Winston Moore -Northwest corner of East Ustick Road & North Eagle Road: De Weerd: Item 11 has comments by the applicant that staff has indicated agreement with. Anna? Canning: Madam Mayor, Members of the Council, the applicant just spoke to me and they are in agreement with the conditions of approval. They just wanted some clarification on one item and we can do at a later date. It's just on a code issue. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing that, I move we approve FP 06-035 with applicant and staff comments. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 11. If there is no discussion, Mr. Berg, roll call vote. MOTION CARRIED: ALL AYES. Item 12: VAC 06-010 Request to Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20/26 for Hightower Subdivision by Hightower, LLC -Southwest corner of Jericho Road and Chinden Boulevard: Item 13: Continued Public Hearing from June 27, 2006: VAC 06-004 Request for Vacation of the existing utility easements on the interior lot lines for Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision No. 3 Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: De Weerd: Okay. Items 12 and 13 have been requested to continue to August 15th. Meridian City Council August 8, 2006 Page 20 of 40 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Items 12 and 13, VAC 06-010 and VAC 06-004 until August 15th, 2006. Bird: Second. De Weerd: Okay. I have a motion to continue Items 12 and 13 to August 15th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from June 27, 2006: AZ 06-019 Annexation and Zoning of 10.59 acres from RUT to a R-8 zone for Southwick Subdivision by Gemstar Development, LLC - 1255 West Ustick Road: Item 15: Continued Public Hearing from June 27, 2006: PP 06-018 Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision by Gemstar Development, LLC -1255 West Ustick Road: De Weerd: Okay. Items 14 and 15 are continued public hearings AZ 06-019 and PP 06-01. I will open these two public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Southwick project. It was continued from your June 27th, 2006, hearing and at that hearing -- I'll give you a brief update. It's located east of Linder Road, south of Ustick Road. It's currently two very long, skinny lots. It is annexation, zoning, and preliminary plat. The applicant had originally proposed 42 building lots on 10.59 acres. At the hearing the City Council had become concerned with the concept of flag lots being used as a -- as a design element, basically, for the plat, rather than typically how you see them as an awkward corner that the developer is trying to reach to and so they use flag lots. At that hearing I had suggested that Council wait and I could provide some images of flag lots for you to see how these are constructed. Since that time the applicant has actually -- proposes now not to include any flag lots. This is the current proposal and I will let them present this to you. These are quite a bit larger lots. The lot count went down from 42 to 26 lots. So, this is substantially different than the original application. Staff has a question as to what Council's pleasure might be on this. At a minimum we need to ask you to continue this for two weeks, because we haven't gotten -- we haven't had time to review it to see if it meets our standards and to review it appropriately. The other question that comes up -- so you could either continue two weeks and we can address those issues in that interim, but the question becomes whether it would be appropriate to remand this back to the Planning and Zoning Commission. By dropping that many lots, the density drops down to about 2.45 units per acre. The Comprehensive Plan designation on this piece Meridian City Council August 8, 2006 Page 21 of 40 of property is medium density residential. So, there would be a need to at least evaluate the appropriateness of the step down in this case. And the code does allow for a step up and a step down, but the Planning Commission had not considered that. The other issue that just occurred to me that I hadn't spoke with the applicants is whether R- 8zoning would be appropriate on nine and ten thousand square foot lots or if it would be more appropriate to go to an R-4 zoning. Again, because these impacts are less on the surrounding property owners, I don't think that it would be necessarily inappropriate for it not to go back and Planning and Zoning -- or to move forward. But it is a consideration as to if you want the Planning and Zoning Commission's input on this. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, if we was to -- asking to take that back to an R-4, which I would love to see done, then, that's probably a big enough change that we would probably want to go back to Planning and Zoning, wouldn't we? What's your opinion on that? Canning: I'm a little ambivalent on this one. You can tell. In some ways I feel it's appropriate to go back to the Planning and Zoning Commission, because it's a different project. But, on the other hand, the roads haven't changed. The impact to the surrounding property owners, who all would have had an opportunity to comment at that hearing, is less. There is just -- it really is a less impact on the surrounding property owners. However, you have a Planning and Zoning Commission that takes their job seriously, that likes to provide a solid recommendation to you. I'm not sure how they would feel about this big of change. But, on the other hand, they have got full agendas, too, and they may want it to go through. So, it's really -- there is all sorts of things to consider and I'm not quite sure how to advise you on this one. De Weerd: Thank you for the pros and cons. Bird: Follow up, Mayor? De Weerd: Yes, Mr. Bird. Bird: Well, you're asking for a two week continuance on this? In that time would you be able, as a staff, to talk to the applicant and see -- and make a recommendation that -- of whether you think we can legally and rightfully do it with changing it to an R-4? There is no reason -- if they are coming back to that density that we stay at an R-8 designation, in my opinion. And in the two weeks, then, you can come back and tell us what you want? Canning: So -- Mr. Nary can advise you more fully, but I don't think it's a question of legally. I think -- we talked about whether legally it was a question and I think you're okay. Meridian City Council August 8, 2006 Page 22 of 40 Bird: Okay. Canning: I'm looking for him to say otherwise and he's not, so -- De Weerd: Mr. Nary, do you have anything to add? Nary: Madam Mayor, Members of the Council, I mean I think it's a discretionary call on the part of the Council. If you think that's a significant change and that it is more appropriate to be reviewed, I think Councilman Bird has raised I guess a potential compromise that you may want to hear from the applicant. The other, if there is an opportunity for staff to have some better time to have analysis and review of what this change is, they may be better able to advise you or I could better be able to advise you on whether or not we truly think it is a different project. Again, normally, a lesser intensive use normally isn't going to be considered a significant change, but, of course, there are people who may prefer more density and this is a fairly significant -- trying to think -- there are lots of people out there in the spectrum that may prefer that. But there is a significant difference. I mean this isn't 42 single family homes to 39, this is 42 to 28. I mean it's a fairly large difference what you normally see. But, again, the opportunity for a little bit more staff time to review that might be more appropriate and, then, again, the appropriate zoning, those kind of things, but the Council can maybe make a better decision after that, to, then, decide -- you feel comfortable in it going forward and not having to be returned for, essentially, fairly routine sort of matter in front of the Planning and Zoning Commission. De Weerd: Thank you. And, you know, I think I have been -- sat up here through Planning and Zoning, City Council, and now as Mayor, and so eight years I have never heard anyone ask for more density. But, you know, there is always a first. Nary: Try and just keep an open mind. Me either, but -- De Weerd: I do. Canning: Madam Mayor, I'm sure you meant to say anyone except your planning director. De Weerd: Okay. Public testimony. Mr. Rountree, did you have comment? Rountree: Just a comment. It seems to me that -- and I agree with Bill's definition of significant. If it's a lesser impact and a lesser use, I don't necessarily agree that it would be significant. But my comment is is that we have had a lot of comments about wanting larger lots and opportunities to have larger lots in the wealth of small lots in many lots that we have seen in the past few months and -- but we keep doing our level best to discourage folks from doing that and I would agree with Anna that with this change that the staff needs a little more time to look at it, but I don't know that we necessarily need to beat up the applicant anymore than is necessary. So, I would say give staff an opportunity to make sure it's consistent. I would like to see their request be to R-4 and Meridian City Council August 8, 2006 Page 23 of 40 have it come back in two weeks for consideration and not send it back through the mill, through Planning and Zoning, et cetera. I, too, have sat on Planning and Zoning and I would guess their agendas are every bit as rigorous as they used to be and I can well imagine that they probably really would appreciate not seeing this again. De Weerd: Okay. Is the applicant here? As you have heard, staff has requested two weeks to review this and bring back comments. Does that work for you? Wildwood: Madam Mayor, Members of the Council, for the record my name is Susan Wildwood and I'm here on behalf of the applicant and in our discussions today we were aware that Anna would need a couple of weeks. The only thing that I would say is -- I had to kind of chuckle. This is a unique experience for me to come to the City of Meridian and say, please, give us larger lots. So, I have to say I have lived long enough to -- you know, to do that. And it's really a redesign based on a bunch of comments. But we appreciate that Anna needs some time to look at it. And just so that you know, if Anna and I can run our numbers straight, the difference in the zoning is six lots and so we are trying to bring you a good project. We actually up the common usable open space and I couldn't give you the exact footage, but, anyway, we appreciate staff and we appreciate your look at it and appreciate Bill's analysis. I, too, said that if you are reducing your impact and you're incorporating the comments, that's one thing as far as legal notice goes and that's really -- we really needed your guidance as a city council and Anna needed it, too, to decide where we were going to go, but, gosh, we'd sure like to give you bigger lots with not a lot of hassle. And with that we concur in the two weeks and we will be happy to meet with staff and see if we can wrestle her down. De Weerd: Very good. Thank you. Bird: Thank you. Rountree: Madam Mayor, if there is no further comments, I would move that we continue the hearings on Item 14 and 15 until August 22nd. Bird: Second. De Weerd: Okay. I have a motion to continue Items 14 and 15 to August 22nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 16: Continued Public Hearing from July 11, 2006: AZ 06-015 Request for Annexation and Zoning of 182.60 acres to R-8 (Medium Density Residential) (168.23 acres) , TN-R (Traditional Neighborhood-Residential) (10.42 acres) and C-N (Neighborhood Business) (3.94 acres) zones for Tanana Valley Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast corner of Meridian Road and Victory Road: Meridian City Council August 8, 2006 Page 24 of 40 Item 17: Continued Public Hearing from July 11, 2006: PP 06-013 Request for Preliminary Plat approval of 548 single family residential lots, 1 commercial lot, 1 school lot and 20 common lots on 182.60 acres in a proposed R-8, TN-R and C-N zones for Tanana Valley Subdivision (f.k.a. -Lookout Ridge Subdivision) by Farwest, LLC -southeast corner of Meridian Road and Victory Road: De Weerd: Okay. Items 16 and 17 are AZ 06-015 and PP 06-013. They are continued from July 11th and they were continued on a couple of specific items. So, Anna, I will open this for your review -- your overview. Canning: Okay. Madam Mayor, Members of the Council. This is the Tanana project. I think that's how you say it. One of these days I will remember. It is the large project located at the southeast corner of Meridian and Victory, with annexation, zoning, and preliminary plat. I'm not going to go through the details, because that's a five minute speech, but just to generally refresh your memory, this was a C-N parcel. This was a traditional neighborhood residential parcel. This was a school lot. And, then, there was some -- the remainder of it is varying sizes of residential lots. Here is one very large residential lot in the center of the property and, then, three -- or two -- two outparcels and, then, the grange hall at the east end of the site. The applicant did make one commitment during the last hearing that I wanted to remind you of, so we can make sure it gets included in your motion tonight and that was that they are working with the owners of the outparcels to get the sidewalk and pathway construction done -- or the sidewalk construction done in front of those parcels, so that we have continuous connections along the roadway. The reason that the applications were continued was that the Council had a number of questions and concerns and they were related to the proposed area for the pool for this site and the proposed look and layout of the commercial neighborhood lot. The applicant has agreed to address staff concerns with regard to the revised lot layout near the school. You can see it here, how it made a little corner there. So, he had agreed to work on that and come back. And, then, the Council had questions and concerns about the proposed look and product type of the traditional neighborhood residential portion of the property. And in addition to that, I believe the applicant wanted to clarify on the future redevelopment of this one very large lot. I think the concern was that -- perhaps, that you may have thought it was an open space lot and that he would be held to only having one lot there. Staff was always aware -- there is a very large home on this lot currently and the applicant has been trying to decide what to do with that home. Staff was always aware that this was not open space. We did not include it in our open space calculation, so it was just included as one very large lot and we had anticipated that at some point we would see this redevelop. So, we did include that in our considerations and evaluation of the project and just wanted to clarify that for Council and to get it on the record for the future if somebody says that that was always intended to be one lot. Just wanted to get it on the record that we didn't view it that way. And with that I will answer any questions or you may want to get the updates from the applicant. I know he has been diligently working to get you the information that you asked for at the last hearing. Meridian City Council August 8, 2006 Page 25 of 40 De Weerd: Okay. Thank you, Anna. Any questions for Anna at this point? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant here? If you will, please, state your name and address for the record. Martin: Madam Mayor, Members of the Council, my name is Justin Martin at 5606 North Ten Mile Road, Meridian, Idaho. And I'm representing Tanana. I do have a brief Powerpoint that will show some pictures of the home designs that we have planned for the project. I also have residential design requirements and commercial design requirements on kind of a punch list pulled out of a larger document at ACC's that I thought I would pass out after I was done speaking that is kind of in document as well -- or in this Powerpoint presentation, so we will go through them and if they are of use to you I would be happy to give you copies of those. With that we will go ahead and start through the process. These are the smallest lots that we have. These are the lots that are 32 feet wide, extremely small for anything that we have built in our projects before and -- so along with building something new is how to make those smaller lots look good, hold their value, have esthetic appeal and not be square boxes. A lot of that has to do with just minor things that we keep in mind as we go through the architectural design standards. A lot of that has to do with mass and making sure the size of these homes are similar to each other, that there is not a great difference in height and overall design, to pull away from one or give to another. Some of the things on this -- this picture are pointed out are the mix of use in materials. We show the cultured stone. We do require 20 percent stone or stucco. The home on the right is the stucco version, which we encourage. If a builder comes in and has four lots, would encourage that builder -- probably require that builder to only build one of his homes with the 20 percent stucco requirement, but the other three would need to hold the requirement of stone, instead of stucco. But there is a -- in the last three projects -- the few projects we have had, we have had a stone requirement -- a stone and stucco requirement and each project we have been moving that up a little bit trying to encourage more, trying to get more, and as that goes along we notice that the stone really helps out a lot and that it's okay to have stucco, just not as many and we don't want three stuccos to one stone. That wouldn't help the overall look of the project. The overall style that we would be looking for is a Craftsman style or northwestern, maybe, Craftsman style, but a Craftsman style architecture. The broken roof lines are really important in the way of causing character to the home, not being asingle -- single sheet roof or adding -- adding character, basically, to the home. The trim detail around the windows, the corbels or the little notches around there, the gable lines, and porches on the little lots will be mandated on at least 50 percent of the homes that were built on the small lots and, obviously, encouraged on all of them and those porches would be of a usable size, six foot requirement of width so that you could have a chair out there and sit. Eight foot encouraged. And so we just -- to go on through some of the other pictures. This is another example of, again, the 32 foot wide lots, the Craftsman style columns over the porch. The use of stone, the detailing, the modulating of the exterior of the home, so that it has -- has texture and shape. Again, the square box thing trying not to happen. Meridian City Council August 8, 2006 Page 26 of 40 That it be the worst possible scenario that we could do on small lots is have the square box look. That would be one of the biggest points that we looked at, just not being square, modulating architecture, requiring that a minimum of every 25 feet there be a change in the paint, so you can't have a 40 foot long section of flat on the home, things like that. Try the next one. These are examples of the 4,000 square foot lots, allowing the two car garage in the front. The ones that we have already looked at would have had the garage in the back, obviously, the alley loaded. These versions -- same sort of requirement, same CC&Rs and ACCs required throughout. The same sort of modulation. Breaks in the roof pitches. six-twelve pitch is the minimum pitch. On this 32 foot wide lot we will look for deeper pitches based on design. Obviously, we need to look at all of that, but a minimum of six-twelve pitch, which is in the way of what you would need in our valley. So, obviously, way too steep, but we think it helps on this style of home as to the look of it. Again, just the use of stone, the use of mixed materials on the front. Stone, one -- kind of a lap board siding and, then, different textures in the eaves or the gable ends. And, then, just the detailing throughout. I think that that's the overall look of all these homes, that is going to help us the most, is really paying attention to detail on our part and making sure that every builder does his best to build a really nice home. The larger lots are, obviously, easier to get a nice look, because of the scale of the home and the width of the home. These ones will be tougher and we will need to enforce these ACCs at lot more strict. Okay. Just another example of 40-foot - 40-foot wide lots. Again, two car garages in the front is all that will fit in there. The use of wood is encouraged. The use of timber or logs, even. We have inserted minimums for the timbers and detailing a lot of the timber that we see around now, even in our subdivisions, I admit, are lacking at best. I mean they can be a lot thicker and add a lot to the look of the home if the timbers were of a larger scale and so we have required that -- that moved up. Same way if they would use logs. Again, just the positions of the roof, things moving around, changes in the face of the elevation, those are the things that we will be looking for for the most part, along with the mixing of materials throughout. Okay. And that's the last home to look at. Another 40 foot wide one. This one has the use of some log style trellis out front that's a little bit different than the other homes that have been shown. Again, these are what I think we can get, provided we use the ACC guidelines that I have provided. And that they are enforced, obviously, that the rules are followed and that -- and that somebody -- somebody cares and somebody is watching and, obviously, we do. Next. These are some of the requirements that are in the ACCs. I pulled out a basic punch list of some of the -- the average or better than, I guess, some projects. Some projects wouldn't have such standards and these are some of those -- the better standards that I think will help control the way the subdivision looked. So, I just pulled out some bullet points out of those -- those documents. The little lots with their rear orientation, again, that's the porch issue on the first one saying that half of them will have porches, encourage it on all the units and they will be of a usable size. The next line is a really important line. Less than 4,000 square foot lots shall be dissimilar within 200 lineal feet. The ACC guidelines go into more detail with what does similar mean. But it has to be a major change, not a minor change. This is an issue in all these subdivisions around that I see -- or I should say most of the subdivisions that I see, homes that look the same and right next to each other and sometimes three and four in a row. That's not what we are Meridian City Council August 8, 2006 Page 27 of 40 looking for and that's not what we want to promote. So, we put these rules -- these are definitely new for our subdivisions and, then, larger lots, 4,000 feet, will be dissimilar within 600 feet. Half room over the garage. We will have a change in the front plane of the garage to avoid large, unbroken surfaces, again, with kind of the modulation wording that I was talking about. The roof pitches in this show the 6-12 requirement and, then, it says that we will be looking to encourage steeper roof lines on the smaller lots provided it fits the architectural look. We will have to see that to make sure that it fits. If it doesn't fit, then, we will stick with the 6-12 minimum. The facia boards that are around the edge of the homes are around the roof lines. We require to be eight inch in width, but they can go a lot smaller than that, it just doesn't have as much of a presence. And, then, we also require cone-by-three shadow board, which a trim board on top of that eight inch board that adds -- adds character. It's really not something that jumps out at you and it's not something you're going to see, but it more of just adds a feeling to it, something that you don't notice that you don't know why you may like something a little bit better. I think the implementation of all of these things helps with that feel of an area as you're driving through it. The next requirement there the 20 percent stone or stucco requirement on the front elevations of these homes. We also have increased the corners to wrap a minimum 36 inches where ever it can possibly be done, as opposed to some homes you just see that go right across and as soon as you get around the edge you see it stop and in the past couple projects we have had it wrapping -- I believe it was 18 inches or 24 inches. We decided to take that to 36 inches. This time we think that it will help the -- will help the view and tying them around a little bit more. Obviously, we require them to screen all of their -- their AC units and all of those sorts of devices that will be sitting outside the houses. We require them to put the vents and things coming out of the roof for the housing materials on the backside of the roof, instead of the street view where everybody can see them. We require them to be painted the same. Rain gutters, obviously, we would have painted the same. You know, we do encourage copper gutters and more -- more ornamental things, provided the home can handle that sort of thing in the way of its architectural -- the overall architectural look and feel. But at minimum they would be required to paint it to match, so that they didn't stick out or so it wasn't an afterthought later. Well, two years down the road somebody has one color of a home, comes in and slaps on a rain gutter and just thinks that that will be their detailing in a different color. We don't want to see that. We want to see it throughout early on. And the last one this page is the five percent minimum of glazing or basically window area on any side of the homes. We see a lot of these homes -- you will see the side view of a home, the street and the front looks really nice and you go to the side and you just see this little square window and maybe this little slider to let some air in a bathroom-and that's the only window they put on that whole base of the building. And so we are just -- to insure that doesn't happen, we put a minimum in the document. Garage entrances, you know, there is more than one door that they have got to be offset. Again, this modulation. You have to have some movement in all the textures to keep away from having a large flat plane or wall area. We require the second door to be offset a minimum of a foot and a half. On the driveways we have required that -- this was in the wrong one -- the driveway we don't allow vehicles to be parked out there in the way of recreational vehicles, trailers, storage, things that are prohibited -- or they are all prohibited by the subdivision Meridian City Council August 8, 2006 Page 28 of 40 i standards. This is a fairly normal one for most of our subdivisions that we have done in the recent time. It's a really important one to continue to pass on. Next one talks about stamped concrete, colored concrete or brick pavers being used in the -- in the driveway approach to the home. It just adds some sort of texture or character -- texture and character to that entryway. As we all know, the more grass you have the less paving you have and the nicer the subdivision is going to look. The landscaping's really what gets it done. So, just breaking up the big expanses of gray concrete should help and so we have required a two foot border on that. We would encourage more from anybody who would be willing, obviously. The lighting is important just for a safety reason. We require the front lighting on the home to illuminate the front yard. We encourage them to use fixtures that don't cause the light pollution to the neighbors, obviously. And, then, satellite dishes, we require that not be over 24 inches and that it be on the back side of the roof. So, some of that's not very exciting at all, but that's kind of the standard stuff that we deal with. It's really important to see it through. These residential design considerations are more -- more of what -- what we would like to do, but based on the architectural plan itself we need to see their plans, we need to decide how each one of them fit and how they will fit to the neighboring properties that have already been improved in the subdivision. So, the out of scale mapping. The little lots definitely we need to pay attention to the size of the homes and the massing of the entire block length. When we approve -- approve a set of plans or five sets of plans, if there is one coming later that's going to fill in the hole, we need to make sure it fits that area well and it is not just an afterthought and has the look of an afterthought if you don't pay attention to it. We believe corner lots are the -- are the strong point of adding a little more value to those -- those homes. When you pull up on a block you can all look good from the front, but if you're looking at the side flat surface on a home on the corner lot it kind of ruins your idea of the entire streetscape. So, we are definitely going to be paying more attention to those corner lots and make sure there is windows there and make sure there is modulation and movement in the side of that building and it's not just that big, long, flat expanse of siding on there. We are going to encourage the timber being four by size. We think that that will help with the northwestern look. We really like the way those sorts of homes turn out. We just would encourage -- or if they are going to use sort of items, beams or logs, that they be of a size that will show some presence and, obviously, design the home around them. This first one is about the wood post. The shingles -- we are going to -- I don't know if you want me to continue reading this. It may be -- De Weerd: No, I don't think Council -- there is still a number of outstanding issues that you haven't quite gotten to yet. Martin: So, we should -- we can move passed these and I will hand out the papers. So, this one is a layout of the commercial area of what we would -- we would suggest it look like. We would -- we have written ACRD and said we are not going to strip malls there. These buildings are 6,000 square feet in size. Our control standards would talk about buildings from 4,000 square feet to the 7,500, that they are one to one and a half stories in height. That half story would have to be in the eave or something like that. These aren't going to be massive buildings, a few stores, taking away from the views of the Meridian City Council August 8, 2006 Page 29 of 40 neighbors, the people across the street, as well as our own subdivision. They have courtyard uses in there and so there is sitting areas. We encourage the architecture to wrap the entire building of four-sided architecture, as opposed to a lot of buildings just have, again, that front facade that looks nice. The rest is pretty boring. So, that's the short version for the next couple of pages. This is an example of one of the buildings on that site and, then, these are, again, the requirements we can go through. I think the next thing that we could -- yeah, the park area. So, this still didn't show up very bright. There was talk about the pool area the last time we were here and I gave that some thought. This site is roughly -- roughly two acres in size. This is a layout of how it would fit towards the collector way. We'd suggest putting a three foot iron fence around the roadside and a higher intensity control, you know, a mother with three kids, one of the kids -- anyway, she's busy, one kid trying to run away and last chance of getting out in the road -- not run away, but run off. A six foot fence on the -- on the south side and, then, again, the size is kind of -- it's tough to see, but the pool is actually roughly 200 feet from the road there. So, it really is a large area. The pool would be fenced as well. When I say the pool, I mean the exact area. The pool is about 32 or 38 hundred square feet there and the decking around that is about another seven or eight thousand square feet. Around that decking on the pool we would have a six foot iron fence and only one entry in and out of that. Again, helping to control where people are. And there is more than enough room in the green space in the area to do some berming, to have some effect for limited on the view. We don't feel that it's -- that we should have a berm there that blocks the view. We do feel that it should be open -- more of an open area that would feel large enough that you're far enough back that you are safe. This shows a gazebo area, a water feature, parking lot -- thank you. So, overall, there is a bunch of things mixed into this area. A little pathway system. The pool building. All sorts of things wrapped into there. And it is a large area, but we do feel that safetywise these things should be in fairly open areas. What we don't want to see are these things tucked away somewhere and at night anything that's tucked away has the potential to cause problems with the older kids. Obviously, not the youngest of the kids, but we would look at it as maybe a nuisance for the neighbors or a potential police problem or problem for whatever may be going on in areas if you hid them away. So, we would suggest following the way Bridgetower has put their pools out in the open. There is Settler's Bridge. Woodbridge. There is quite a few examples in Meridian that have done this sort of thing and we think that the area is plenty large enough with it. It has some berming and it has some texture, landscaping, and still get 200 feet from the pool offset from the road. So, we feel that area is sufficient. I'll move on from that, so we don't bore you to death. And the last thing I remember that you asked me specifically for was an update on the traffic signal. I believe Gary Inselman -- he is here tonight. You could correct me on anything that I may have written wrong on this. I believe that ACHD has a contract with the developers on the northeast and northwest corners of Victory and Meridian Roads and that they have entered into a contract with ACHD to complete that signal there. I believe those developers have let a contractor to -- a subcontractor and that they have held a preconstruction meeting on that and I do believe they plan to get it done this year. ACHD has liquidated damage in there. I believe it was 2006 -- end of this year; is that correct? Gary is shaking his head yes. So, that was the signal point. Everything else that Ihad -- the seven acres that I -- it's Meridian City Council August 8, 2006 Page 30 of 40 very possible and most likely that we do redevelop the seven acre single home site. It has a lot of topography on that site. It has a home that is in the millions of dollars in value and it's really a unique property. It's going to take more thought -- it's just going to take more thought. It's going to be more of a unique property. It's possible it could develop as a single site, but at this point we don't see that being a viable option, based on -- based on its value. And so I wanted to make sure everybody was clear that I was clear on what our plan was in the future, coming back in for a re-subdivision application. The density difference is next to none on the overall scale of the property. And when I say that, it's from like 3.07 to 3.19 in dwelling units per acre, if we would have filled that with lots on the entire thing, which we wouldn't, but -- so there really -- anyway, that's enough said on that. We did agree to cut one lot on this school site -- near the school site. It had the triangle piece in the back. Anna has mentioned that at the last hearing and requested that we cut that. I went back and talked with Wendell Bigham about that. He was happy to have that extra space. It was -- it was no big deal to him. So, we cut the -- we cut the one lot that caused the problem. The other lot we will simply square back there, so there is not the little tiny triangle as well. And the school site is in good shape. We are in agreement with the school on our contract there. De Weerd: Justin, on the access from Victory Road to that school site, what are the safety factors on that? Martin: Access from the school site to Victory Road, we are not showing any direct public access at all. We are showing the project come back through the development, go out to the main entryway. This was based on -- on a traffic study that we had done and also a traffic study that Wendell had done on an earlier project on Locust Grove. The impact of these sorts of school sites is really minimal. It's not even close to being in the same park as any of the normal or standard style elementary schools or high schools. It's so far drawn away from that that it's really of next to no impact. In our opinion. Obviously, how the traffic impacts affects it. And even an elementary school would require a collector road right down the side of it to be able to handle this sort of traffic and this was just extremely minimal in its impact. ACHD has in writing that they agree that Wendell can pass traffic through the subdivision out to there. And Wendell is happy with that, with the statement from ACHD that they are happy with going this route, limiting the number of accesses to Victory Road is helpful, I think, in the overall movement of traffic, as well as where we would line it up is a bit detrimental to the grange property redevelopment, is where we could put it. It would be along their boundary. That definitely would cause them some cost in future redevelopment as well. As all I had is that you would take into account the comments that I had made at the previous hearing, the letter that I had submitted at the previous hearing. I think I was in agreement with most all staff comments, P&Z and Public Works. I'd ask for some minor changes just for clarification and I don't believe there was any disagreement with any of those, at least from staff. And I would stand for any questions. De Weerd: Council, questions? Meridian City Council August 8, 2006 Page 31 of 40 Bird: I have none. I have a statement. Justin, you did a nice job. You did everything that we asked and I appreciate that. Martin: Thank you. Bird: You come back with some architecturals and stuff and some elevations and I certainly appreciate it. You did everything we asked you to do. It's a beautiful looking development. Martin: Absolutely. I appreciate that. Again, I do have copies of those requirements that I had up there, if you have a use for those. You want me to hand those out now -- it's up to you. Bird: Give them to staff. Martin: I will do that. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council, do you have any further questions for staff or the applicant? If you have all the information you need, I would entertain a motion to close the public hearings. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If nobody has anything, I move we close AZ 06-015 and PP 06-013. Rountree: Second. De Weerd: Okay. I have a motion to close the public hearings on Items 16 and 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Discussion? Okay. Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AZ 06-015 and incorporate in the Findings and Facts the staff, applicant, and public testimony. Wardle: Second. Meridian City Council August 8, 2006 Page 32 of 40 De Weerd: Okay. I have a motion and a second to approve Item 16. Anna? Canning: Madam Mayor, Members of the Council, if the maker of the motion could clarify. Did you want the materials presented tonight included in the DA or -- Bird: That's part of the -- that's part of it in the development agreement, yes. Canning: Okay. Bird: I think that was part of the applicant's public testimony and that's why I would consider it, Anna. Canning: Okay. And, then, also, to further clarify, we will include the previous commitment of the applicant to do the off-site improvements. Bird: Yes. Added to the other one. Yeah. De Weerd: Okay. And second agrees? Wardle: Second agrees. Just for further clarification, that includes the proposed commercial design and building massing in there, as well as all of the architectural controls, so -- De Weerd: Okay. Okay. If there is no further discussion, Mr. Berg, roll call vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 17. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 06-013 and to include applicant, staff, and public comment. Wardle: Second. De Weerd: Okay. I have a motion to approve Item 17. Is there any discussion? Hearing none, Mr. Berg, roll call. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Meridian City Council August 8, 2006 Page 33 of 40 Item 18: Continued Public Hearing from July 18, 2006: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group -southwest corner of North Locust Grove and Chinden Boulevard: De Weerd: Thank you. Item 18 has been requested by the applicant to continue, VAC 06-008, to September 5th. Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 18, VAC 06-008, until September 5th, 2006. Bird: Second. De Weerd: Okay. I have a motion to continue Item 18 to September 5th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 19: Public Hearing: TE 06-014 Request for approval of a one-year Time Extension to record the final plat for Buich Subdivision by RGJ Cherry Lane, LLC - 2150 W. Cherry Lane: Item 20: Public Hearing: TE 06-015 Request for approval of a one-year Time Extension to commence the Conditional Use Permit for Buich Subdivision by RGJ Cherry Lane, LLC - 2150 W. Cherry Lane: De Weerd: Items 19 and 20 are public hearings on -- Mr. Nary, do I open these at separate times or are they related? Nary: Madam Mayor, Members of the Council, I believe they are related, so you can open them at the same time. De Weerd: Okay. I will open the public hearings on TE 06-14 and TE 06-015 with staff comments. Canning: Madam Mayor, Members of the Council, this is the Buich Subdivision, which was formally known as the Cherry Lane Office Park. This is not the Buich building adjoining us in the former Shell station, just to clarify that, because there is some -- it gets confusing sometimes. The application before you tonight is a time extension for both the final plat and for a Conditional Use Permit for a planned development. The final plat was approved by Council on July 6th, 2004, with an expiration date of July 6, 2005. The Council approved a time extension for one year to June 21st, 2005 -- or Meridian City Council August 8, 2006 Page 34 of 40 that's the day you made that and it was -- so it expired July 6, 2006. And similarly for the Conditional Use Permit. So, you have done a previous time extension on this at the Council level. Fast forward to the UDC. The old code only allowed one time extension. The new code allows one kind of freebie time extension and, then, any subsequent time extension needs to be approved by Council and that's why it's here before you tonight is because it's a new application, we are bringing it forward to you under the new code and, therefore, asking for a time extension. The city -- this is I think the first time extension you have done under the new code. We did write it in so that you can add any requirements as part of a time extension to meet new standards that have been adopted in the interim. Obviously, in this case there is a whole slough of new standards that have been adopted in the interim. We did look at it -- staff didn't feel that it was necessary to impose any new conditions on this property, so we have recommended that you approve it just as presented -- or as previously approved. De Weerd: Thank you, Anna. Any questions for Anna? Bird: That is both items? Canning: Yes, sir. It was just the Conditional Use Permit for a planned development. Bird: And the final plat. Canning: Yeah. Bird: Yeah. De Weerd: Okay. Is the applicant here this evening? Do you have anything you would like to add? The applicant has no further comment, is in agreement with staff recommendations. Council, do you have any questions for staff or the applicant? Is there any members of the public who would like to offer testimony on these two items? Okay. Rountree: Madam Mayor, I have a question for the applicant. De Weerd: If you will state your name and address for the record. Hobbs: Yes. Chris Hobbs with Pinnacle Engineers, 12552 West Executive. De Weerd: Thank you. Rountree: Since it's been over a year from the last extension, apparently that one's a freebie and now we have another year extension, is there really intentions of doing something or are we just playing games here? Meridian City Council August 8, 2006 Page 35 of 40 Hobbs: Yes. No. District have signed the plat signed. All the construction plans have been approved. ACRD and Health the plat. We are getting it ready to submit to Public Works to get Rountree: Okay. So, it's three or four months away? Hobbs: Yeah. Rountree: Thank you. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, does requiring compliance with the current UDC provisions drastically make changes to this? Canning: I don't believe so. We didn't evaluate it for that specifically. When this was approved the main issue that came up was an alternative compliance for the landscape buffer out in the front and there was a lot of discussion at that time. They had one additional building. They have come to me and asked me, since your approval in 2004, if they could lose a building and still be in substantial compliance. I said yes. So, it's been modified a little bit already. I hope that didn't confuse things here. But I don't think we need to go back. The parking design hasn't changed. Those kind of standards haven't changed. The setbacks got more lenient under the new code. The only issue that if we apply the UDC would have been the same issues that we addressed the first time that this went through the process. Rountree: Okay. De Weerd: Thank you. Okay. If there is no further public comment or questions, no further information needed from staff, I would entertain a motion to close the public hearings on Items 19 and 20. Rountree: Madam Mayor, I move that we close the public hearings on Items 19 and 20, TE 06-014 and TE 06-015. Bird: Second. De Weerd: Okay. I have a motion and a second to approve closing the public hearings on Items 19 and 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council ~ • August 8, 2006 Page 36 of 40 De Weerd: If there is no discussion, I'd entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move we approve Item 19, TE 06-014 and Item 20, TE 06-015. Rountree: Second. De Weerd: Okay. I have a motion to approve Item 19 and 20. Is there any discussion? Hearing none, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. 06-1246 RZ 06-003 Request for a Rezone of 3.13 acres from R-4 (Low-Density Residential) to L-O (Limited Office) zone, including modifications to the existing Development Agreement for Lochsa Falls Subdivision for Hastings by Monterey, LLC - 2300 West Everest Lane: Item 22: Ordinance No. 06-1247 AZ 06-023 Request for Annexation and Zoning of 1.0 acres from RUT to R-2 zone for Martin Annexation by the Ada County Highway District - 1120 South Locust Grove Road: Item 23: Ordinance No. 06-1248 AZ 06-007 Request for Annexation and Zoning of 59.88 acres from RUT to R-8 for Solitude Subdivision by Providence Development Group, LLC -south of East McMillan Road and east of North Meridian Road: Item 24: Ordinance No. 06-1249 RZ 06-001 Request for a Rezone of 5.40 acres from R-8 to L-O (Limited Office) for Sundance Subdivision No. 5 by Dave Evans Construction -northeast corner of Ustick Road and Meridian Road: Item 25: Ordinance No. 06-1250 Exchange of Certain City Owned Real Property Located at 55 East Broadway Avenue in the City of Meridian: De Weerd: Okay. Mr. Nary, are there any issues on any of these ordinances that we need to have them read individually one at a time or -- Nary: Well, we would read the titles individually, Madam Mayor -- Meridian City Council ~ a August 8, 2006 Page 37 of 40 De Weerd: Yes. Nary: -- but not that I'm aware of. De Weerd: Okay. Mr. Berg, will you, please, read ordinances 06-1246, 06-1247, 06- 1248, 06-1249 and 06-1250 by title only. Berg: Thank you, Madam Mayor, Members of the Council. This is Item 21. Ordinance 06-1246, an ordinance finding that Monterey, LLC, the owner of certain real property have made a written request for rezone of the zoning classification for real property being Lots 46 and 47, Block 49, of Lochsa Falls Subdivision No. 12, the same as is shown in the plat therefore recorded in Book 92 of plats at page 10958 of Ada County records located in the northwest quarter of the northeast quarter of Section 26, Township 4 North, Range 1 West, Meridian, Ada County, Idaho, and described in Attachment A of this ordinance and rezone -- rezoning certain lands and territories situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the use zoning of said lands from R-4 to L-O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1247; an ordinance for annexation of property located in the southwest quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-2 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance No. 06-1248, an ordinance for annexation of property located in the government lot of one and two on the northeast quarter of the northwest quarter of the southeast quarter or the northwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Meridian City Council August 8, 2006 Page 38 of 40 Berg: Ordinance 06-1249. An ordinance finding that Gary L. Vogt, the owner of certain real property has made a written request for rezone of zoning classification for real property being situated in the southwest quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being a portion of the said southeast quarter and a portion of Lot 19 and all Lots 20 to 26, Block 7, in Sundance Subdivision No. 3 as filed in Book 88 of plats at pages 10025 and 10026, records of Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territories situated in Ada County, Idaho, within the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-8 to L-O in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1250, an ordinance authorizing the exchange of certain lands city owned real property located at 55 East Broadway Avenue in the City of Meridian and legally described as Lot 20 of Block 1 of Meridian township, authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction and providing for a waiver of the reading of the rules and providing an effective date. De Weerd: Thank you. Now, you know why we put them at the end of our agenda. Is there anyone who would like hear these read in their entirety? Thank you. Seeing none, Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Seeing how there is all the -- we are doing with -- all at one time, I'd move that we pass Ordinance 06-1246, 06-1247, 06-1248, 06-1249, 06-1250 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion to approve the ordinances Items 21 through 25. Is there is no discussion, Mr. Berg, roll call attendance -- or vote. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 26: Approve 2007 Fiscal Year Tentative Budget: De Weerd: I was just asking if everyone was still awake after that light reading. Okay. Item 26, approval of the 2007 fiscal year tentative budget for posting. Meridian City Council August 8, 2006 Page 39 of 40 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- thanks to our good bookkeeping people, found that in our tentative budgets that we passed last week we had forgot some carryover. Quite a few. And for Councilman Rountree and myself, this is a hard number -- I don't even know if I can pronounce it -- for a budget for the City of Meridian. When we started it wasn't even ten million, I don't think, was it? Rountree: It was barely double digits. Bird: Yeah. Anyway, I would move that we approve the tentative budget for 95,835,010 dollars. Rountree: Second. De Weerd: Okay. You have heard the motion. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: All right. Council, I do have a couple of reminders. On the 11th of this month at 10:00 o'clock the Ada County commissioners will be breaking ground on the Weed and Pest Control building just down east on Pine. Also on August 14th at 9:00 a.m. we will have a ribbon cutting for the opening of a small business development center out -- within the annex over on Main Street. And also a joint meeting with the Ada County commissioners on the 14th at 11:00 a.m. Bird: At the courthouse; right? De Weerd: At the courthouse. Berg: Madam Mayor, I will find out specifically what room, since we have to do a notice and make sure you get that information. De Weerd: Usually we don't have members of the public still with us. Is there anything you have -- okay. Council? Rountree: Just a slow night in Meridian, uh? De Weerd: Yes, sir. If you will step up to the microphone. Audience Member: Where can I get a copy of this budget? Meridian City Council August 8, 2006 Page 40 of 40 De Weerd: You can get a copy of the tentative budget online. Audience Member: Online. De Weerd: But you can also come into the clerk's office and request a copy there as well. Berg: Madam Mayor, the official notice for the Public Hearing will be put in the Valley Times next Monday and the following Monday as required by state statute and the Public Hearing will be the 29th at 6:00 o'clock. De Weerd: Okay. Thank you, sir. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You guys don't want to say anything? Okay. I move that we adjourn. Rountree: Second. De Weerd: Okay. I have a motion to adjourn. All those in favor say aye. All ayes. Motion carries. MEETING ADJOURNED AT 8:50 P.M. (TAPE ON FILE OF THESE PROC EDINGS) MAYOR TA DE WEERD ,\~` ~ ~''%, ~~~. / :~\~, ~ /sue'°. ,y T T ~ ~ W,~L i / 5 / 0~ DATE APPROVED ~/~ IAM G. BERG J i CI CLERK • • August 4, ~6 MERIDIAN CITY COUNCIL MEETING August 8, 216 APPLICANT ITEM NO• 5~A REQUEST Approve Minutes of July 11, 2~6 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materla~ presented at pubNc imeeHngs shall become property of the City pf Meridian. • • August 4, 2~b MERIDIAN CITY COUNCIL MEETING AUgUSt $, 2~6 APPLICANT ITEM NO. S-B REQUEST Approve Minutes of July 18, 2r~6 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. M August 4, 200b AZ Ob-009 MERIDIAN CITY COUNCIL MEETING AUG„7USt 8, 20Ob APPLICANT Centennial Development, LLC ITEM NO. S-C REQUEST Endings for Approval -Request for Annexation and Zoning of 19.57 acres from RUT to R-8 zone for Cedarcreek Subdivision - 470 West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Findings Materials presented at public meetings shall become properly of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~` ~~~'t~r~Meridian ~.~ ~. ~~~~ ~ ~~ +, t~,a~-~4a ,~ ''~~' `~~ In the Matter of Annexation and Zoning of 19.57 acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat approval of 85 single-family residential building lots and 12 other lots on 19.57 acres, for Cedarcreek Subdivision, by Centennial Development, LLC. Case No(s).: AZ-06-009 and PP-06-007 For the City Council Hearing Date of: July 18, 2006 (Findings approved on August 8, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 1 of 4 M 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 21, 2005, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 2 of 4 M Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 3 of 4 M By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: ;> ~, ~,.~ ~~~ ~ ,; WILLIAM G. BERG, JR., C CLI~tK ~ ~ i~s~~ ~~ `®~~s Copy served upon: -/~ Applicant ~`''%e,,,~~p+~ ~ 4~~;,0,`'~~~ /' Planning Depattrnen~ / Public Works Department / City Attorney By: Dated: ~~'~~.D City Clerk's Office N fh day of VOTED__~~~ VOTED_~~~~ VOTED__~~~~ VOTED__~~2~~ VOTED MAYOl~, < <~ de WEE ~° °~~ ~e/ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 4 of 4 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR TH~ARING DATE OF 7/18/06 STAFF REPORT Hearing Date: July 18, 2006 TO: Mayor & City Council FROM: Joe Guenther & Amanda Hess Associate City Planners Meridian Planning Department SUBJECT Cedarcreek Subdivision AZ-06-009 ~ ~ , a ~. _~ >°` ~_~~~ ~Ai~~ ~'~{$~ ~~ ~ e ~~ 9hR,1'£P--'d "~~7~vr,ar,i1'i!rLt5:--'f.-'~ , ,,_ Annexation of 19.57 acres from RUT to R-8 PP-06-007 85 Single-family residential lots and 12 other lots 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 19.57 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 85 single-family lots all with detached products, and 12 common/other lots on 19.57 acres. Amenities for the development include an open space lot with a tot lot and parkway planters adjoining the streets. 2. SiJNIlVIARY RECONIIVII;NDATION: The City of Meridian Planning & Zoning Commission is recommending approval of the subject annexation and zoning (AZ-06-009-Revised), preliminary plat (PP-06-007-Revised) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to sewer this development via extensions of mains in Paramount Subdivision and water mains in McMillan Road. The Meridian Plannins and Zonine Commission heard the item on March 16, 2006, and continued the public hearing to Apri120, May 18, and June 1, 2006. At the June 1, 2006, meeting the Commission moved to recommend approval of said applications subject to a Development Agreement as described in Section 9a.1.5 of this Staff Report, in addition to the conditions listed in Exhibit B. a. Summary of Public Hearings: i. In favor: Shawn Nickel (Applicant's Representative) ii. In opposition: Carl Reiderman, Bonnie Reiderman, Doug Eden iii. Commenting: None iv. Staff presenting application: Joe Guenther, Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Landscape Plan not accepted by Staff; ii. Sewer connections not available until Paramount develops; iii. Out parcel to not be included in proposed development; and iv. Sidewalk proposed to cross neighboring outparcel. c. Key Commission Changes to Staff Recommendation: i. Prior to annexation ordinance approval, the applicant shall enter into a development agreement which stipulates the following: A. The applicant agrees to record a property boundary adjustment to include the 50' strip of land to the southwest with the neighboring outparcel. This piece Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 1 CITY OF MERIDIAN PLANI~EPARTMENT STAFF REPORT FOR TI~ARING DATE OF 7/18/06 shall not be included in annexation or development of Cedarcreek. Said property boundary adjustment shall be recorded prior to annexation of the remainder Cedarcreek property. B. The applicant agrees to construct a sidewalk which will cross in front of the out parcel and connect Paramount South 60 with the development of Cedarcreek Subdivision. The location of said sidewalk is to be determined by ACRD and the neighbors, Carl and Bonnie Reiderman. d. Outstanding Issue(s) for City Council: i. None PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-009/PP-06-007 as presented in the staff report for the hearing date of July 18, 2006, and the preliminary plat labeled C-1, dated December 21, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 009/PP-06-007 as presented during the hearing on July 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-009/PP-06-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACT5 a. Site Address/Location: N central location off of McMillan Road and '/ mile west of Meridian Road S1/2 of the SWl/4 of the SW % of 4N1 W25 b. Owner Dalice Chester 470 W. McMillan Rd Meridian, Idaho 83642 c. Applicant: Centennial Development, LLC 36 E. Pine Street Meridian, Idaho 83642 Agent: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive Plan Amendment g. Description of Applicant's Request: Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 2 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR TH~ARING DATE OF 7/18/06 1. Date of preliminary plat (attached as Exhibit Al): December 21, 2005. 2. Date of landscape plan (attached as Exhibit A2): January 13, 2006 h. Applicant's Statement/Justification: The proposed overall density (4.34 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a compatible continuation of the Paramount project north and east of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13, 2006, and February 27, 2006 (for Planning & Zoning Commission hearing), and June 26, 2006, and July 10, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning & Zoning Commission hearing), and June 23, 2006 (for City Council hearing) e. Applicant posted notice on site by: February 27, 2006 (for Planning & Zoning Commission hearing), and July 10, 2006 (for City Council hearing) 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriculturaWrbanizing c. Adjacent Land Use and Zoning 1. North: Paramount Subdivision, R-8 2. East: Paramount Subdivision, R-40 3. South: Cedar Springs Subdivision #4 and #5- R-8 and L-O 4. West: Agricultural Ada County RUT d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is planned to sewer to future mains extended from the Paramount Subdivision to the north. Location of water: There is currently a water main in W. McMillian Road, and future connections from planned mains in Paramount. Issues or concerns: This development is not sewerable until Paramount brings sewer mains down to this development. 2. Vegetation: AgriculturaUIrrigated Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 3 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR TH~ARING DATE OF 7/18/06 3. Flood plain: NA 4. Canals/Ditches Irrigation: Lemp Canal Local Lateral 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 19.57 acres 8. Description of Use: 85 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 85 2. Non-residential Lots: 4- Future ROW lots 3. Common Lots: 8 4. Total Lots: 97 5. Gross Density: 4.34 units per acre g. Landscaping 1. Width of street buffer(s): 30 feet (25 required) on McMillan Road. 2. Width of buffer(s) between land uses: None required (all residential) 3. Percentage of site as useable open space: The applicant has defined 1.12 acres or 5.7% open space, Lot 18 Block 6, Lot 14 Block 2, and parkways (See section 5-h for additional analysis) 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Lot 9, Block 1 shown as anon-buildable parcel to be retained by the developer this lot shall be landscaped with lawn or other vegetative undercover until such time as the parcel may be incorporated into a larger open space lot or platted as a buildable lot. The existing canal on Lot 9 Block 1 shall be tiled as per UDC 11-3A-6. h. Required Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway planters along streets -1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 4 CITY OF MERIDIAN PLANIV~EPARTMENT STAFF REPORT FOR TI~ARING DATE OF 7/18/06 i. Amenities: The applicant is required to provide one qualified amenity for single family residential subdivisions that are under 20 acres in area. The applicant is showing qualified site amenities as follows: 11-3G-3C-1 - Quality of Life Amenities -None 11-3G-3C-2 -Recreation Amenities -children's play structures 11-3G-3C-3 -Pedestrian Amenities -None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Cedarcreek Homeowners Association. The applicant is proposing the tot lot as the required amenity. j. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required ** measured from back of sidewalk Street setback to Living Area ** 15 15 Side Accessed Garage** 15 15 Front Accessed Garage** 20 20 Side 4 4 Rear 12 12 Street frontage - With garage facing street 50 50 With alley loaded 40 40 Lot Size -SF detached With garage facing street 5,000 5,000 Alley Loaded 4,680 4,000 Maximum Building Height 35 35 k. Proposed and Required Non-Residential Non-residential lots are to be used for amenities and open space. Except the lots proposed to be retained by the developer which shall comply with the required improvements listed in this report. Lots to be retained by the developer for future right of way acquisition shall comply with all ACHD conditions of approval. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to McMillan is to be prohibited, including Lot 9 Block 1. Access to Paramount subdivision is as proposed with connections at Seel Way, Silverspruce and Street E. A stub street with full services shall be provided to the property excluded at the south west listed as Reiterman property and shown as Ramsbrook Street. For a detailed report on the public streets and access points to public streets, please the Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 5 CITY OF MERIDIAN PLANI~EPARTMENT STAFF REPORT FOR TARING DATE OF 7/18/06 attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On February 24, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map. The Council approved the North Meridian Comprehensive Plan Amendment on March 7, 2006. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed density of (4.34 d.u./acre) for the subject application conforms with the North Meridian Comprehensive purpose and intent. In the applicant's submittal letter, dated January 13, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 6 CITY OF MERIDIAN PLANI~EPARTMENT STAFF REPORT FOR TI~ARING DATE OF 7/18/06 Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Staff finds that McMillan Road will serve as the main access point for all the properties in this subdivision as well as a connection into the future collector road for Paramount Subdivision to the East of the site. The applicant is requesting to retain Lot 1, Block 6, Lot 9 Block S, and Lot 11 Block 1 of the design dated December 21, 2005. This lot should be noted on the plat that it is for future right of way reservation for when ACtID roadway improvements occur. The width of right of way reservations shall be as set forth by ACfID • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 30 foot wide landscape buffer along McMillan Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. S See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The sidewalk connections shown on the landscape plan are disconnected by the out parcel along McMillan Road. Staff has asked the applicant to work with the owners of the out parcel to facilitate a sidewalk connection through this site as it lies very near a future school site. This would be consistent with other out parcel developments in the near vicinity (Solitude Subdivision and Amber Creek Subdivision) • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential or neighborhood center uses on the Comprehensive Plan Future Land Use Map. • 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 North Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the Comprehensive Plan definition of medium Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 7 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TI-~EARING DATE OF 7/18/06 density, with a gross density of 4.34 dwelling units per acre. Staff has reviewed Cedarcreek Subdivision under the Medium Density Residential North Meridian Future Land Use Map designation and finds the application consistent with the comprehensive designation. Staff finds that the proposed zoning and subsequent uses (single family homes) will be harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on January 11, 2006 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 8 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR T1~EARING DATE OF 7/18/06 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. i~-nFtt nrar~aa.arvs~ *,• a *1...+ *t-' .t t a F L,' ~1, 4 4 --a '4t- 4t- ~ r r ~ Y ..,t ,7,.~., ,.~ ...o ..~;.,~t+~~puCi~ ~Rcsl~~rpr9pE~rva-~~n~ ~`~mm: .. /"+.. '1 ~ ..1 ,t 1 e..~ a ,...+ ..~..lF _-~ --a 1 ~s ef~Q c°c o'°czcpvrtvcmgz'vetccao~t On June 1.2006, the Planning & Zoning Commission recommended approval of applications AZ-06-009 & PP-06-007 subject to a development aQxeement which stipulates the followina• A. Prior to annexation ordinance approval the applicant a~xees/proposes to record a property boundary adiustment to include the 50' strip of land to the southwest with the neiehborin~ outparcel. This piece shall not be included in annexation or development of Cedarcreek Subdivision. B. The applicant a ees to provide a sidewalk to cross the outparcel which will connect Paramount South 60 Subdivision with Cedarcreek Subdivision. The location of the sidewalk is to be determined by ACRD and the neiehbors Carl and Bonnie Reiderman. 2. PRELIlVIIn1ARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: (Connectivity Paramount Subdivisions The stub street from Paramount Subdivision shall connect from N. Seel Way and again from Street E. The subdivision is constrained by previous development in the areas east and north of the site and is bound by ACHD policies of interconnectivity. No direct access is allowed to McMillan Road is approved outside of the point of connection permitted by ACHD. (Connectivity Out Parcel A new stub street has been proposed to the Reiterman property in the southwest corner of the site. This stub street shall have future public service connections from Ramsbrook Street. Alley A new alley is proposed on Lot 9 Block 4. The UDC does not allow alleys to be placed on a lot and this lot should be dedicated to ACHD as it will not meet the standards for a private street as required by UDC 11-3F. 2.2. Landscaping_ Staff is generally supportive of the landscaping design with the following considerations: The 30 feet ofright-of--way landscaping on McMillan Road shall be maintained by the Home Owners Association. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 9 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TH~EARING DATE OF 7/18/06 A sidewalk connection along McMillan Road shall connect to the right of way for the future Paramount collector road. If Lot 14 Block 2 and Lot 18 Block 6 are not vacated then they shall be landscaped as perimeter buffers with open vision fencing to the east. The landscape plan shall show trees in the parkways compliant with UDC 11-3B-7 Prior to final plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Tree Miti atga ion: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Ekoy Huff at the Meridian Parks Department. 2.4. Ditches. Laterals, and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has a local lateral from the Lemp Canal on this site and has commented on the proposal as showing compliance with the required improvements. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with four-foot solid fencing along common areas. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 Unimproved Right-of-Wav: Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewallc or property line), and road widening is not in the ACRD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. McMillan Road is shown as 37' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the future right-of--way lots being landscaped with lawn or other vegetative groundcover. Cedatcreek Subdivision AZ-06-009/PP-06-007 PAGE 10 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to be provided as part of each plat based on number of acres per site. The proposed amenities for the subject development include: a tot lot. The proposed open space is shown to make up 9.0% of the site; if an additional 1 % open space is provided the applicant may is count open space as a quality of life amenity. 2.9a Common Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway streets - 1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. 2.9b~ualified Site Amenities: Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot Pedestrian or bicycle circulation system amenities: None Provided. 2.10 Special Considerations: Lot 14 Block 2 and Lot 18 Block 6 are proposing to place the required perimeter fencing at the rear lot lines of lots in Blocks 2 and 6 along the eastern property boundary. The proposed Paramount Subdivision is showing a 20' landscape strip along a future commerciaUmultifamily access street which has yet to be developed. The 10' ingress/egress easement is not anticipated to continue when the existing residences are removed. The easement will also not be allowed to take access to McMillan Road in the future and should be landscaped as per UDC 11-3F. Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast corner of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to contact the owner of the out parcel to discuss the construction a 5-foot wide detached sidewalk along their frontage of McMillan Road, prior to issuance of building permits in the first phase of the development as similarly agreed upon in Ambercreek and Solitude Subdivisions. If the applicant offers to construct an off site improvement then the commission/council should require a development agreement for Cedarcreek subdivision with the same provisions as listed in Ambercreek Subdivision. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 11 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: December 21, 2005) 2. Landscape Plan (dated: January 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Legal Description (TO BE REVISED PRIOR TO ANNEXATION ORDINANCE APPROVAL D. Required Findings from Zoning Ordinance Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 12 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI-~EARING DATE OF 7/18/06 ~ i~ ~~~ 1(~ ~ ~.Fase. Ill l~ Ali ~97o¢~peq..a~w I ~~~l~z~~~~~~ ~ ~~ ~~ ~~~ql~ $ ~~ ~~ ~ D~` x~ z: ~ ~~~~ o ~ go ~~~ ~ ~ z p . ddgpa "I tA~ :~ m ~~ ~ t ~~ $e $ ~'° a~ ~e X - ~~ ~ ~a l99~i ~i~~ Bea j e a Bel 3 b -1- i ~} " ~f ~B Cedarcreek Subdivision Exhibit A Page I A. Drawings 1. Preliminary Plat (dated: December 21, 2005) CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 la 2. Landscape Plan (dated: January 13, 2006) @~ ~ ~~~~~ ~ ~ d 1 pg ' ~ jjj ~ - 1 'a Y - ~ et~c~: , ~ ~ ., , ~~i ~ 1 ~~ i, ~Y: ~z G q 1 1 ~..: I O _ (J ~, qr 1 i ~ - ~ I _ lii '~ 11 ~ ~. 11 J ~ ~ ~ 0 _® (,. 1 o ~g Q ~' $ Jf ~" ~ i n 1 e" p. AST 44~ • ~p~+p~,~~ityWr`~ . 1 - g ~ J! - ' i~ t 2T/ n :3: p 777 t ~ `~ ~ ~~ o _ ~ o-.'~° ~Cu ti A u Q" p C' ~~ 7 s ~$ 9 1 1 ` 7 ~ O ~ _3 ~r ' . y i ++ ~ nr ~ ~ f I},~~~ E~_1 I vs',-"` 1 ~ ` 3'~= ~JI ~`!x ~y O. ( ~' 'lJ ~~ 1~ ~ ~{ P 1 ~ ~'~'' ~ -- '~ I = f 1 ~ i a ~: a ~. ®I a ~r 7 ~~r I ~~ - .,~ ~F ~r lam. ~ H '~ ~•= '•~ a ~~ t D ~ ~, J ` t~ fi-_ ry ~-' ;;fir + 7. r. 1 .~ Cedarcreek Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANl~; DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as C-1 prepared by Bailey Engineering, dated December 21, 2005, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-009-Revised) shall also be considered conditions of the Preliminary Plat (PP-06-007-Revised). The applicant shall be reauired to enter into a Development Agreement for this property (see Staff Report for DA provisions) 1.1.2 The applicant shall construct a 30-foot landscape buffer along McMillan Road, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The Plat shall be revised to show Lot 9 Block 4 as a public alley. 1.1.4 That the applicant shall certify that Lots 7, 8 and 12 of Block 1 have the required 30 feet of frontage as required by UDC 11-2A. 1.1.5 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to McMillan Road as required by ACRD. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.1.7 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.1.8 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.9 The submitted landscape plan prepared by Bailey Engineering, dated January 13, 2006 is not approved. The following should be included in a revised landscape plan: • Lot 1 Block 6, Lot 9 Block 5 and Lot 11 Block 1 shown as future rights of way on shall be landscaped with lawn or other vegetative undercover until such time as ACRD has acquired the property for future roadway improvements. • The applicant shall show a sidewalk in Lot 11 Block 1. • The applicant shall provide perimeter landscaping in Lot 14 Block 2 and Lot 18 Block 6. If the ingress/egress easement is to be used to buffer the future collector roadway in Paramount Subdivision • All parkway landscaping shall be consistent with UDC 11-3B-7 • Where the Bisby/Harrell Laterals are to be covered, all vegetation shall be installed as required by the UDC 11-3B. If the Settlers Irrigation District restricts the type and quantity Exhibit B Page 1 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 7/18/06 of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. • The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. • All parkway trees shall be Class II trees. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.10 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.11 Maintenance of all common areas shall be the responsibility of the Cedarcreek Subdivision Homeowners' Association. 1.1.12 Other than the public street access approved by ACRD, direct lot access to McMillan Road is prohibited. A note shall be placed on the final plat restricting access to McMillan Road. 1.1.13 Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 20 feet of pavement within a 24-foot right-of--way, as proposed, and include 28- foot inside and 48-foot outside turn radu where the alleys intersect the public streets. 1.1.14 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class II trees. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Exhibit B Page 2 CITY OF MERIDIAN PLANIV~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Paramount Subdivision. The mains will be extended on the developer's timeline and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 The applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in W. McMillian Road and future mains in Paramount Subdivision to the north. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "fmal draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 If there is going to be a pressurized irrigation pump station of this property it must be located in a common lot, and cannot encroach into any required landscape buffers. Exhibit B Page 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR T~HEARING DATE OF 7/18/06 2.7 Prior to signature on the final plat vacate the ingress/egress easement shown on the preliminary plat. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any existing domestic wells andlor septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed private alley will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all improved surfaces. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall, be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Exhibit B Page 4 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR T~-TEARING DATE OF 7/18/06 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. Lot 9 Block 4. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 85-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 247 residents at build out. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Exhibit B Page 5 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 3.12 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Lots 9+10 of Block 1 create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan andlor landscaping plan shall be revised in accord with those discussions. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 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 followed. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.2 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions ofAppYOVaI 7.1 The applicant shall do one of the following: Exhibit B Page 6 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 a. Dedicate a total of 35-feet of right-of--way along McMillan Road, and construct a minimum 5- foot wide concrete sidewalk along McMillan Road, located a minimum of 38-feet from centerline within an easement. b. Dedicate a total of 45-feet of right-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed and locate the sidewalk a minimum of 38-feet from centerline within the right-of--way. Note: Any right-of--way dedicated with this application along McMillan Road will be purchased by the District with Corridor Preservation funds. 7.2 Construct the internal streets as 34 -foot street sections (with local fire department approval) with curb, gutter, 4-foot detached concrete sidewalks, and 8-foot planter strips, as proposed. 7.3 Provide sufficient pavement width on the site entrance roadway intersection (N. Summit Way, intersecting McMillan Road) to accommodate simultaneous left and right turn movements. This may require 24-feet of pavement on the west side of the island to allow for two exit lanes. The design and construction of the island should be coordinated with the ACRD Traffic Department and Development Review. 7.4 Provide 21-foot street sections on each side of the proposed center island. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." • Stub street to the west, Ramsbrook Street, located 405-feet west of N. Summit Way (measured centerline to property line). This stub street will provide access to the adjacent parcel. • Stub street to the east, Street E, located 145-feet east of N. Newsham Way (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. • The stub to the north, N. Seel Way, is proposed to be located 135-feet north of W. Archerfield Street (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. 7.6 Construct one roadway, N. Summit Avenue, to intersect McMillan Road approximately 725-feet west of the east property line in alignment with the existing street to the south, as proposed. 7.7 Submit a Road Trust deposit to the District for $1,000 for sidewalk abutting McMillan Road along the 50-foot strip at the west property line 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and shall be noted on the final plat. 7.9 Comply with all Standard Conditions of Approval. Standard Conditions of Approval Exhibit B Page 7 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR T,HEARING DATE OF 7/18/06 7.10 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.11 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.12 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.13 Replace any existing damaged curb, gutter and sidewallc and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.14 Comply with the District's Tree Planter Width Interim Policy. 7.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.16 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.17 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.18 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.19 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.20 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.21 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.22 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 8 CITY OF MERIDIAN PLAN~Ci DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Bisby Lateral (20' easement), Harrell Lateral #12 (20' easement). Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B Page 9 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR T~-IEARING DATE OF 7/18/06 Ezhibit C. Legal Description LTO BE REVISED PRIOR TO ORDINANCE APPROVALI f_egal scri lion Cedar reek Subdivision -Annexation RUT to R8 Zoned A parcel located in the S '/a of the SW '/a of the SE '/~ of Section 25, Township 4 North, Range 1 !Nest, Soise Meridian, Ada Qounty, Idaho, more particularly described as follows; EEGINNING at a brass amp monument marking the southwest tamer of said S t/a of the SIN '/a of the SE '/a ('B cx~rner}9 from wrhich 5/8 inch diameter iron pin marking ~® southeast corner of said S '/z of the SW '/a of the SE'/a bears S 694'20" E a distance of 1340.90 feet; Thence N O'D5'40" E along the w®sterly boundary of said S '!~ of the SW '/~ of the SE '/4 a distance of 660.04 feet to a 5/8 inch diameter iron pin marking the northwest corner of said S'/a of the S~4A'/a of the SE '/~; Thence S 89`4'17" E along the northerly boundary of said S'/z of the S4V'/m of tl~ae SE '/a a distance of 1339.99 feet to a 5/t3 inch diameter iron pin marking the northeast comer of said S'!a of the S1N'/a of the SE'/a; Thence S 0°00'55" W along the easterly boundary of said S'/a of the S1N'/s of the SE 1/a a distance of 660.02 feet to the southeast corner of said S'/z of the SW '/4 of the SE'/~; Thence N 89°54'20" Vy along the southerly boundary of said S'/2 of the SbV'!a of the SE '/a a distance of 1340.90 feet to the POINT AF BEGINNING. Excepting therefrom the following described parcel; Commencir~ at a brass cap monument marking the southwest c:orrrer of said S Yz of the SIN '/a of the SE '/a (~/a comer), from which 5/8 inch diameter iron pin marking the southeast corner of said S'/a of the SW'/a of the SE'/a bears S 89°54'20" E a distance of 1340.90 f®et; Thence S 89°54'20" E along the southerly boundary of said S'/2 of the SW '/e of the SE'/a a distance of 50.20 feet to a point; Thence leaving said southerly boundary N 0°05'40 E a distance of 30.00 feet to a 5/8 inch diameter iron pin and the PAINT OF BEGINNING; Thence continuing N 0°05'40 E a distance of 290.40 feet to a 5/$ inch diameter iron pin; Thence S 8954`20" E a distance of 150.00 feet to a 5/8 inch diameter iron pin; e'J ~dt.~t;3~~1 Cedarcreek SutsdivisiAn Jab td®. Q4-43 Exhibit C Page I CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 Thence S 09D5'40" W a distance of 290.40 feet to a 5/8 inch diameter iron pin; Thence N 89°54'20" W along a line 30.00 feet north of and parallel to the southerly boundary of said S '/z of the SW '/a of the SE Ya a distance of 150.tt0 feet to the t~fNT OF BEQINNING. This parcel contains 19.31 acres and is subject to any easements existing or in use. Linton W. Hansen, PLS Land Solutions, PC January f 1,2006 ~Y~=..- 3°~~~~ i ~ -1: $, ~ ~OrtKS DEP'L~ ~Zi~~~lsl~3~;?ll CE£13FCP@B~( Subd~rnsfors Job No. 04-43 Exhibit C Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 ~ y k uau~ A ~a ~» p ~~a $gggggg} ~~ ~a 6 ~~ ~~ ~ ~~8 ~Q ~ ~ ~ 3 l d g '$ q 1 gQp@g a oB R pi 9 B~ $~ ~~ ~} ~ I ~ g& ~ ~$ ® 6 ~ s9 ~~ ®Q ~~~ ~ ~ $ a ~a ~z ~~ ^ ~ 111' ~ E a Y 9 a ~~ , ~ ~~ a ~~ ~ s s ~~ ' ' ~~~I ~I~ a ° I ~~~~ ~ ~ ~~ ~~ $s~e _- ~, ~9 e~ :.~ - ~ - .~.. - L m„ a N~ 8~ ~ ~~~, ®~I m' I ~~~ I ~` I ~~ i soma. 9 ' g~III ~'~ ~~~~ ~a ~~ m n ~i Q Z 0 Exhibit C Page 3 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 EXI=IIBIT D: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-5B-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8 Medium Density Residential District. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2005 North Meridian Comprehensive Plan amendment and Future Land Use Map, which designates the SW corner of the SW corner S25 4N 1W at McMillan and Meridian Roads to be medium density residential. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request for a `step up' in density. Council fmds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP-06-007- dated December 21, 2005). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. Council fmds that the single-family homes would be allowed (permitted) within the requested R-8 district. The entire site is being proposed as residential; and upon build-out, Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses north of the site in the Paramount development and the adjacent subdivisions also in the medium density comprehensive designations. Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will be detrimental to the public health, safety, or welfare. Further, Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Council should rely on any oral or written testimony that may be provided when determining this Exhibit E Page 1 CITY OF MERIDIAN PLAN: DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 fording 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, There have been no recent street improvements in the area. The abutting roadway McMillan Road is not in ACHD's Five Year Work Program or CIP (20-year plan) for road widening. The subject property is generally surrounded by rural residential acreages. Council does not ford that there has been a change in the area that dictates that this property should be rezoned. Council should rely on staff's analysis, public testimony received, and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 24, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not ford that there has been a change in the area that dictates that this property should be rezoned. Council should rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). Due to the residential nature of the general vicini ~, the proiect's conformance to the Unified Development Code and the applicant's agreement to abide by the conditions of apyroval contained in this staff report, Council fords that the annexation and zonin og f this property to R-8 would be in the best interest of the Citv. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, Council shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above Exhibit E Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TIEARING DATE OF 7/18/06 C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. Exhibit E Page 3 i ~i August 4, 2006 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 PP 06-007 APPLICANT Centennial Development, LLC ITEM NO. 5-D REQUEST Findings for Approval -Request for Preliminary Plat approval for 85 single family residential lots and 12 common lots in a proposed R-8 zone for Cedarcreek Subdivision - 470 West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Findings r ro~ P'~ Contacted: ~,~,~~jyL., ~ /,~,~¢~ Date: ~('2 O~ Phone: ! .~ ~r3Sl a- Emailed: Staff Initials: r Materials presented at pubflc meetings shall become properly of the CHy of Meridian. ~ Z CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ~ECEI~TE]~ AUG 0 3 Z0p6 s C-~t3'~'~ IVleridian ,~ s ~7~y perk ®ffice a~~* xn 4 $ IC~.R9itA 1~ r~ ~~ °Wti ~~~~ ~''` In the Matter of Annexation and Zoning of 19.57 acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat approval of 85 single-family residential building lots and 12 other lots on 19.57 acres, for Cedarcreek Subdivision, by Centennial Development, LLC. Case No(s).: AZ-06-009 and PP-06-007 For the City Council Hearing Date of: July 18, 2006 (Findings approved on August 8, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006, 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. 02-3 82 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 - PAGE I of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 21, 2005, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 - PAGE Z of 4 lJ • Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 July 18, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 3 of 4 • By action of the City Council at its regular meeting held on the U ~ day of _, 2006. COUNCIL MEMBER SHAUN WARDLE VOTED GC.. COUNCIL MEMBER JOE BORTON VOTED_~~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED__~~~/G~ TIE BREAKER -~ MAYOR TAMMY de WEERD VOTED l MA OR T de WEERD ATTEST: \®,~•~~~ '~'~,~, ~~~ 4/,e sI~ e ~ v-.^7J `~ WILLIAM G. BERG, JR., ITY CLE12~ ~g~~ ~ ~_ ~ e ~P o `~~ ~~~ Copy served upon: _~ Applicant ~'''~,,o'~ ~.~ o ~~,~.~®o~® ~~ Planning Deparffftia~}~$I~1 4fl`9\\\,~\ ~~ Public Works Department City Attorney By~ Dated: ~-~' OI.Q Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 / PP-06-007 -PAGE 4 of 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 STAFF REPORT Hearing Date: July 18, 2006 TO: Mayor & City Council FROM: Joe Guenther & Amanda Hess Associate City Planners Meridian Planning Department SUBJECT Cedarcreek Subdivision AZ-06-009 ~ ~v ~ ~ k, ~~ q iu~~~~~~ a,~ s ,§,rF~.ff ~~~' .n~. Annexation of 19.57 acres from RUT to R-8 PP-06-007 85 Single-family residential lots and 12 other lots 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 19.57 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 85 single-family lots all with detached products, and 12 common/other lots on 19.57 acres. Amenities for the development include an open space lot with a tot lot and parkway planters adjoining the streets. 2. SiJNIlVIARY RECOMMENDATION: The City of Meridian Planning & Zoning Commission is recommending approval of the subject annexation and zoning (AZ-06-009-Revised), preliminary plat (PP-06-007-Revised) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to sewer this development via extensions of mains in Paramount Subdivision and water mains in McMillan Road. The Meridian Planning and Zonine Commission heard the item on March 16, 2006, and continued the public hearing to Apri120, May 18, and June 1, 2006. At the June 1, 2006, meeting the Commission moved to recommend approval of said applications subject to a Development Agreement as described in Section 9a.1.5 of this Staff Report, in addition to the conditions listed in Exhibit B. a. Summary of Public Hearings: i. In favor: Shawn Nickel (Applicant's Representative) ii. In opposition: Carl Reiderman, Bonnie Reiderman, Doug Eden iii. Commenting: None iv. Staff presenting application: Joe Guenther, Caleb Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Landscape Plan not accepted by Staff; ii. Sewer connections not available until Paramount develops; iii. Out parcel to not be included in proposed development; and iv. Sidewalk proposed to cross neighboring outparcel. c. Key Commission Changes to Staff Recommendation: i. Prior to annexation ordinance approval, the applicant shall enter into a development agreement which stipulates the following: A. The applicant agrees to record a property boundary adjustment to include the 50' strip of land to the southwest with the neighboring outparcel. This piece Cedazcreek Subdivision AZ-06-009/PP-06-007 PAGE 1 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T1~EARING DATE OF 7/18/06 shall not be included in annexation or development of Cedarcreek. Said property boundary adjustment shall be recorded prior to annexation of the remainder Cedazcreek property. B. The applicant agrees to construct a sidewalk which will cross in front of the out parcel and connect Pazamount South 60 with the development of Cedazcreek Subdivision. The location of said sidewalk is to be determined by ACRD and the neighbors, Cazl and Bonnie Reiderman. d. Outstanding Issue(s) for City Council: i. None PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-009/PP-06-007 as presented in the staff report for the hearing date of July 18, 2006, and the preliminary plat labeled C-1, dated December 21, 2005, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 009/PP-06-007 as presented during the hearing on July 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-009/PP-06-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: N central location off of McMillan Road and % mile west of Meridian Road S1/2 of the SWl/4 of the SW % of4N1W25 b. Owner Dalice Chester 470 W. McMillan Rd Meridian, Idaho 83642 c. Applicant: Centennial Development, LLC 36 E. Pine Street Meridian, Idaho 83642 Agent: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive Plan Amendment g. Description of Applicant's Request: Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 2 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR'I~IEARING DATE OF 7/18/06 1. Date of preliminary plat (attached as Exhibit Al): December 21, 2005. 2. Date of landscape plan (attached as Exhibit A2): January 13, 2006 h. Applicant's Statement/Justification: The proposed overall density (4.34 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a compatible continuation of the Paramount project north and east of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13, 2006, and February 27, 2006 (for Planning & Zoning Commission hearing), and June 26, 2006, and July 10, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: February 22, 2006 (for Planning & Zoning Commission hearing), and June 23, 2006 (for City Council hearing) e. Applicant posted notice on site by: February 27, 2006 (for Planning & Zoning Commission hearing), and July 10, 2006 (for City Council hearing) 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: AgriculturaWrbanizing c. Adjacent Land Use and Zoning 1. North: Paramount Subdivision, R-8 2. East: Paramount Subdivision, R-40 3. South: Cedar Springs Subdivision #4 and #5- R-8 and L-O 4. West: Agricultural Ada County RUT d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is planned to sewer to future mains extended from the Paramount Subdivision to the north. Location of water: There is currently a water main in W. McMillian Road, and future connections from planned mains in Paramount. Issues or concerns: This development is not sewerable until Paramount brings sewer mains down to this development. 2. Vegetation: Agricultural/Irrigated Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 3 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR TI~[EARING DATE OF 7/18/06 3. Flood plain: NA 4. Canals/Ditches Irrigation: Lemp Canal Local Lateral 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 19.57 acres 8. Description of Use: 85 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 85 2. Non-residential Lots: 4- Future ROW lots 3. Common Lots: 8 4. Total Lots: 97 5. Gross Density: 4.34 units per acre g. Landscaping 1. Width of street buffer(s): 30 feet (25 required) on McMillan Road. 2. Width of buffer(s) between land uses: None required (all residential) 3. Percentage of site as useable open space: The applicant has defined 1.12 acres or 5.7% open space, Lot 18 Block 6, Lot 14 Block 2, and parkways (See section 5-h for additional analysis) 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Lot 9, Block 1 shown as anon-buildable parcel to be retained by the developer this lot shall be landscaped with lawn or other vegetative undercover until such time as the parcel may be incorporated into a larger open space lot or platted as a buildable lot. The existing canal on Lot 9 Block 1 shall be tiled as per UDC 11-3A-6. h. Required Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway planters along streets -1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft-for 9.0% qualified open space. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 4 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR'I#HEARING DATE OF 7/18/06 i. Amenities: The applicant is required to provide one qualified amenity for single family residential subdivisions that are under 20 acres in area. The applicant is showing qualified site amenities as follows: 11-3G-3C-1 -Quality of Life Amenities -None 11-3G-3C-2 -Recreation Amenities -children's play structures 11-3G-3C-3 -Pedestrian Amenities -None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Cedarcreek Homeowners Association. The applicant is proposing the tot lot as the required amenity. j. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Required ** measured from back of sidewalk Street setback to Living Area ** 15 15 Side Accessed Garage** 15 15 Front Accessed Garage** 20 20 Side 4 4 Rear 12 12 Street frontage - With garage facing street 50 50 With alley loaded 40 40 Lot Size -SF detached With garage facing street 5,000 5,000 Alley Loaded 4,680 4,000 Maximum Building Height 35 35 k. Proposed and Required Non-Residential Non-residential lots are to be used for amenities and open space. Except the lots proposed to be retained by the developer which shall comply with the required improvements listed in this report. Lots to be retained by the developer for future right of way acquisition shall comply with all ACHD conditions of approval. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to McMillan is to be prohibited, including Lot 9 Block 1. Access to Paramount subdivision is as proposed with connections at Seel Way, Silverspruce and Street E. A stub street with full services shall be provided to the property excluded at the south west listed as Reiterman property and shown as Ramsbrook Street. For a detailed report on the public streets and access points to public streets, please the Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 5 CITY OF MERIDIAN PLANl'~ DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On February 24, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map. The Council approved the North Meridian Comprehensive Plan Amendment on March 7, 2006. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed density of (4.34 d.u./acre) for the subject application conforms with the North Meridian Comprehensive purpose and intent. In the applicant's submittal letter, dated January 13, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 6 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Staff finds that McMillan Road will serve as the main access point for all the properties in this subdivision as well as a connection into the future collector road for Paramount Subdivision to the East of the site. The applicant is requesting to retain Lot 1, Block 6, Lot 9 Block S, and Lot 11 Block 1 of the design dated December 21, 2005. This lot should be noted on the plat that it is for future right of way reservation for when ACFID roadway improvements occur. The width of right of way reservations shall be as set forth by ACfID • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 30 foot wide landscape buffer along McMillan Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. S See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The sidewalk connections shown on the landscape plan are disconnected by the out parcel along McMillan Road. Staff has asked the applicant to work with the owners of the out parcel to facilitate a sidewalk connection through this site as it lies very near a future school site. This would be consistent with other out parcel developments in the near vicinity (Solitude Subdivision and Amber Creek Subdivision) • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential or neighborhood center uses on the Comprehensive Plan Future Land Use Map. • 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 North Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the Comprehensive Plan definition of medium Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 7 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR T~fIEARING DATE OF 7/18/06 density, with a gross density of 4.34 dwelling units per acre. Staff has reviewed Cedarcreek Subdivision under the Medium Density Residential North Meridian Future Land Use Map designation and finds the application consistent with the comprehensive designation. Staff finds that the proposed zoning and subsequent uses (single family homes) will be harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) The purpose of the residential districts is to provide for a range of housing opporhxnities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. a 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on January 11, 2006 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 8 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 7/18/06 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11-SB-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. £c~acarrccrHSPB;-rllP~-Sll~~~,riva-m--a-csvvoivprrivarp"" ~ „ " ••.•i-•, '+1, Td ',i' /"~;~., TT,.;~o.t Tle..el......•. a..,~ !"L..]® .,4n•(.~'~ol; e.,e.. ~1.,,• .. Tle..el....«+~..~ A....ve..•. e,.+ ~~~xcrxx cr: cr'+vaaczi iv°~F+ircracdci2Frmrri~giH~P~iS-13PFrH4SfH~St1: . On June 1, 2006, the Planning & Zonin>? Commission recommended approval of applications AZ-06-009 & PP-06-007, subiect to a development a~'eement which stipulates the following: A. Prior to annexation ordinance approval, the applicant a rg ees/proposes to record a property boundary adjustment to include the 50' strip of land to the southwest with the neig_hborin~ outparcel This piece shall not be included in annexation or development of Cedarcreek Subdivision. B. The applicant agrees to provide a sidewalk to cross the outparcel which will connect Paramount South 60 Subdivision with Cedarcreek Subdivision. The location of the sidewalk is to be determined by ACHD and the neighbors, Carl and Bonnie Reiderman. 2. PRELIlVIINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity Paramount Subdivisions) The stub street from Paramount Subdivision shall connect from N. Seel Way and again from Street E. The subdivision is constrained by previous development in the areas east and north of the site and is bound by ACHD policies of interconnectivity. No direct access is allowed to McMillan Road is approved outside of the point of connection permitted by ACHD. Connectivity Out Parcel) A new stub street has been proposed to the Reiterman property in the southwest corner of the site. This stub street shall have future public service connections from Ramsbrook Street. A11ev A new alley is proposed on Lot 9 Block 4. The UDC does not allow alleys to be placed on a lot and this lot should be dedicated to ACRD as it will not meet the standards for a private street as required by UDC 11-3F. 2.2. Landscapins?: Staff is generally supportive of the landscaping design with the following considerations: The 30 feet ofright-of--way landscaping on McMillan Road shall be maintained by the Home Owners Association. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 9 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 A sidewalk connection along McMillan Road shall connect to the right of way for the future Paramount collector road. If Lot 14 Block 2 and Lot 18 Block 6 are not vacated then they shall be landscaped as perimeter buffers with open vision fencing to the east. The landscape plan shall show trees in the parkways compliant with UDC 11-3B-7 Prior to fmal plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Tree Mitigation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches, Laterals, and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has a local lateral from the Lemp Canal on this site and has commented on the proposal as showing compliance with the required improvements. 2.5 Pressure Irri atg ion: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencins: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with four-foot solid fencing along common areas. A detailed fencing plan should be submitted upon application of the fmal plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 Unimproved Ri t-of-Wad Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. McMillan Road is shown as 37' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the future right-of--way lots being landscaped with lawn or other vegetative groundcover. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 10 CITY OF MERIDIAN PLANl'~i DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to be provided as part of each plat based on number of acres per site. The proposed amenities for the subject development include: a tot lot. The proposed open space is shown to make up 9.0% of the site; if an additional 1 % open space is provided the applicant may is count open space as a quality of life amenity. 2.9a Common Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway streets - 1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. 2.9b Qualified Site Amenities: Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot Pedestrian or bicycle circulation system amenities: None Provided. 2.10 Special Considerations: Lot 14 Block 2 and Lot 18 Block 6 are proposing to place the required perimeter fencing at the rear lot lines of lots in Blocks 2 and 6 along the eastern property boundary. The proposed Paramount Subdivision is showing a 20' landscape strip along a future commercial/multifamily access street which has yet to be developed. The 10' ingress/egress easement is not anticipated to continue when the existing residences are removed. The easement will also not be allowed to take access to McMillan Road in the future and should be landscaped as per UDC 11-3F. Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast corner of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to contact the owner of the out parcel to discuss the construction a 5-foot wide detached sidewalk along their frontage of McMillan Road, prior to issuance of building permits in the first phase of the development as similarly agreed upon in Ambercreek and Solitude Subdivisions. If the applicant offers to construct an off site improvement then the commission/council should require a development agreement for Cedarcreek subdivision with the same provisions as listed in Ambercreek Subdivision. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE I 1 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TI,IEARING DATE OF 7/18/06 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: December 21, 2005) 2. Landscape Plan (dated: January 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Legal Description (TO BE REVISED PRIOR TO ANNEXATION ORDINANCE APPROVAL) D. Required Findings from Zoning Ordinance Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 12 CITY OF MERIDIAN PLANl~r DEPARTMENT STAFF REPORT FOR T~fEARING DATE OF 7/18/06 1f~f~ il~ l~o®~, f 1i1 ?III li ~~~~~~~~4~~~~~~~~~~ J®s¢®oaa . o®j„ 3~~~~~~~~~~~a ~ A ~~ ~~ ~~ ~~ a~ ~n ~~ :~ $~ I &p ~ ~g i ~~ ~ }gyp ga $® ~~., ~_ D as ri ~~ a 9~~ l~~l gy 9~~ o a a ~= - - ~ - z~ `fit Cedarcreek Subdivision Exhibit A Page I A. Drawings 1. Preliminary Plat (dated: December 21, 2005) CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR 1~HEARING DATE OF 7/18/06 2. Landscape Plan (dated: January 13, 2006) _~ -~ ~ , ~" ,ti ~' $ ~I p I ,~ ~, „ ~ ~' ~ ~~ ,~. 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I. ~-. f -i ~ R _ ~' ~n ~~~; _ -' ~ ~-+-- g p 3 ~° ~t yyU, ~' ~ h,~ . ~ r ~ ~ ~ l ~ ' Bf: tx-K„ ~ f `~ f- i ' ® a' ~ C i ~_ ~ i ~ ~~ O` ~ Q ~~ ~ I 5 ~ n ~_ o h,_ o a: I ~, ~' ._ ~ ~ ~~ ryr, at ~~ ~ 0 ~~} ; ~ ,_ of o• ~ ~ _ _ ~ ~~ al ~y' / - ~, -~ °~~ -.{~ 1 P o ~. r,~ ~., ~ a'' 'I ~r a~~ El ~ PE `~ ~= R~ '~ ~ ,~ f ~ii°_ ~~ ~:~' elf 3 '~J.~' 1 Cedarcreek Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR T~-IEARING DATE OF 7!18/06 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as C-1 prepared by Bailey Engineering, dated December 21, 2005, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-009-Revised) shall also be considered conditions of the Preliminary Plat (PP-06-007-Revised). The applicant shall be required to enter into a Development Asreement for this propert~(see Staff Report for DA provisions 1.1.2 The applicant shall construct a 30-foot landscape buffer along McMillan Road, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The Plat shall be revised to show Lot 9 Block 4 as a public alley. 1.1.4 That the applicant shall certify that Lots 7, 8 and 12 of Block 1 have the required 30 feet of frontage as required by UDC 11-2A. 1.1.5 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to McMillan Road as required by ACRD. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.1.7 A landscape plan shall be submitted prior to fmal plat showing the landscaping in relation to the changes required by this report. The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.1.8 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.9 The submitted landscape plan prepared by Bailey Engineering, dated January 13, 2006 is not approved. The following should be included in a revised landscape plan: • Lot 1 Block 6, Lot 9 Block S and Lot 11 Block 1 shown as future rights of way on shall be landscaped with lawn or other vegetative undercover until such time as ACHD has acquired the property for future roadway improvements. • The applicant shall show a sidewalk in Lot 11 Block 1. • The applicant shall provide perimeter landscaping in Lot 14 Block 2 and Lot 18 Block 6. If the ingress/egress easement is to be used to buffer the future collector roadway in Paramount Subdivision • All parkway landscaping shall be consistent with UDC 11-3B-7 • Where the Bisby/Harrell Laterals are to be covered, all vegetation shall be installed as required by the UDC 11-3B. If the Settlers Irrigation District restricts the type and quantity Exhibit B Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. • The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. • All parkway trees shall be Class II trees. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.10 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.11 Maintenance of all common areas shall be the responsibility of the Cedarcreek Subdivision Homeowners' Association. 1.1.12 Other than the public street access approved by ACHD, direct lot access to McMillan Road is prohibited. A note shall be placed on the fmal plat restricting access to McMillan Road. 1.1.13 Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 20 feet of pavement within a 24-foot right-of--way, as proposed, and include 28- foot inside and 48-foot outside turn radii where the alleys intersect the public streets. 1.1.14 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class II trees. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Exhibit B Page 2 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR'1~HEARING DATE OF 7/18/06 1.2.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.6 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preluninary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B. Z. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Paramount Subdivision. The mains will be extended on the developer's timeline and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 The applicant shall install mains to and through this proposed development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in W. McMillian Road and future mains in Paramount Subdivision to the north. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide service. 2.4 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "fmal draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of apre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (LTDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 If there is going to be a pressurized irrigation pump station of this property it must be located in a common lot, and cannot encroach into any required landscape buffers. Exhibit B Page 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR T~IIEARING DATE OF 7/18/06 2.7 Prior to signature on the final plat vacate the ingress/egress easement shown on the preliminary plat. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 The applicant has not indicated how the storm drainage from the proposed private alley will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all improved surfaces. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Exhibit B Page 4 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR TF~EARING DATE OF 7/18/06 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. Intemational Fire Code Appendix C. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. Lot 9 Block 4. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 85-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 247 residents at build out. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Exhibit B Page 5 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR TI~EARING DATE OF 7/18/06 3.12 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Lots 9+10 of Block 1 create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 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 followed. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.2 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 The applicant shall do one of the following: Exhibit B Page 6 CITY OF MERIDIAN PLANP~i DEPARTMENT STAFF REPORT FOR T1~IEARING DATE OF 7/18/06 a. Dedicate a total of 35-feet of right-of--way along McMillan Road, and construct a minimum 5- foot wide concrete sidewalk along McMillan Road, located a minimum of 38-feet from centerline within an easement. b. Dedicate a total of 45-feet of right-of--way from the centerline of McMillan Road abutting the parcel by means of a warranty deed and locate the sidewalk a minimum of 38-feet from centerline within the right-of--way. Note: Any right-of--way dedicated with this application along McMillan Road will be purchased by the District with Corridor Preservation funds. 7.2 Construct the internal streets as 34 -foot street sections (with local fire department approval) with curb, gutter, 4-foot detached concrete sidewalks, and 8-foot planter strips, as proposed. 7.3 Provide sufficient pavement width on the site entrance roadway intersection (N. Summit Way, intersecting McMillan Road) to accommodate simultaneous left and right turn movements. This may require 24-feet of pavement on the west side of the island to allow for two exit lanes. The design and construction of the island should be coordinated with the ACRD Traffic Department and Development Review. 7.4 Provide 21-foot street sections on each side of the proposed center island. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FLTTLTRE." Stub street to the west, Ramsbrook Street, located 405-feet west of N. Summit Way (measured centerline to property line). This stub street will provide access to the adjacent parcel. Stub street to the east, Street E, located 145-feet east of N. Newsham Way (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. The stub to the north, N. Seel Way, is proposed to be located 135-feet north of W. Archerfield Street (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. 7.6 Construct one roadway, N. Summit Avenue, to intersect McMillan Road approximately 725-feet west of the east property line in alignment with the existing street to the south, as proposed. 7.7 Submit a Road Trust deposit to the District for $1,000 for sidewalk abutting McMillan Road along the 50-foot strip at the west property line 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and shall be noted on the final plat. 7.9 Comply with all Standard Conditions of Approval. Standard Conditions of Approval Exhibit B Page 7 CITY OF MERIDIAN PLANP~ DEPARTMENT STAFF REPORT FOR TI~IEARING DATE OF 7/18/06 7.10 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.11 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.12 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.13 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.14 Comply with the District's Tree Planter Width Interim Policy. 7.15 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.16 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.17 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.18 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.19 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.20 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.21 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.22 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 8 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR T~HEARING DATE OF 7/18/06 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Bisby Lateral (20' easement), Harrell Lateral #12 (20' easement). Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B Page 9 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 Exhibit C. Legal Description (TO BE REVISED PRIOR TO ORDINANCE APPROVALI Le ! p~ Cedarcreek St~brJivision - Annion RIdT t® i't8 Zoned A parcel located in the S '/x of the SW '/a of the SE '/a of Section 25, Township 4 North, Range 1 iNest, Boise ltiAAeridian, Ada County, Idaho, more partit~larly described as follows; BEGINNING at a brass cap monument marking the southwest comer of said S'!a of the SW '/a of the SE 'fa ('/a corner), from which 5/8 inch diameter iron pin marking the southeast corner of said S '/x of the SUV '/a of the SE '/a bears S 89°54'20" E a distance of 1340.90 feet; Thence N 0°05'40" E along the west®riy iQOUndary of said 5 '/a of the SW '/a of the SE '!a a distance of 660.04 feet to a 5A8 inch diameter iron pin marking the northwest corner of said S'/a of the SW '/a of the SE "/a; Thence S 894'17" E along the northerly boundary of said S'/z of the S1~/'/a of the SE '/a a distance of 1339.99 fee4 fo a 5A8 inch diameter iron pin marking the northeast comer of said S '/x of the Sit '/a of the SE '/a; Thence S 0°00'55" {IV along the easterly boundary of said S '/x of the SW '/a of the SE'!a a distance of 660.02 feet to the southeast Comer of said S'/a.of the SW'/a of fire SE'/a; Thence N 89'4'20" UV along the southerly boundary of said S'/a of the SW '/a of the SE '/a a distance of 1340.90 feet to the P'fltNT ~ BEGINNING. Excepting therefrom the following described parcel; Commencir~ at a brass cap monument marking the southwest comer of said S 'lx of the S1+V '/a of the SE '/a ('/a comer), from which 5A8 inch diameter iron pin marking the"southeast corner of said S'/x of the SW'/a of the SE'/a bears S 89°54'20" E a distance of 1340.98 fe®t; Thence S 89°54'20" E along the southerly boundary of said S'/x of the SW '/a of the SE'/a a distance of 50.20 fe®t to a mint; Thence leaving said southerly boundary N 0°05'40" E a distance of 30.00 feet to a 5/8 inch diameter iron pin and the PAINT OF BEQINNING; Thence continuing N 0°05'40a E a distance of 290.40 feet to a 5f8 ind~ diameter iron pin; Thence S 894'20" E a distance of 150.00 feet to a 5A8 inch diameter iron pin; 1.~ J~(~~~~~at~~~r Cedarcreek SubrJvisivn Job No. 04-43 Exhibit C Page 1 CITY OF MERIDIAN PLANl~i DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 Thence S 0°05'40" W a distance of 290.40 feet to a 5/8 inch diameter iron pin; Thence N 89°54'20" VV along a one 30.00 feet north of and parallel to the southerly boundary of said S 'h of the SW Ya of the SE ~/a a distance of 150.00 feet to 4he P'®fiVT OF ~C-QI1dNIIVG. This parcel contains f 9.31 acres and is subject to any easements existing or in use. Glirrton W. Hansen, PLS Land Solutions, PC January 1 f ,2006 i ~~ ~~ ,l h9 g Ort9CS ~ PS.C fib ~~i71A~~i~99 Cedarcre2k 5ubdrvision Job Plo. 04-43 Exhibit C Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T1~IEARING DATE OF 7/18/06 ~ ~g~g a~ R; ~& ~~ ~~ I ®9 ~ ~€ a's a Yg ~~ ~° ~~ ;~~ ~~ ~~ ~: P~ ~~ m ~?~! a a b ®w.r® A ~ ° ~ ~ ~~~ ~: ~~ I ~e ~ ~ ` ~ ~ 8 ~ i I R ~ ~~ ~~~~~ ~~ ,'~ ~ ~j' u o~ LL~;. $ +' i a A; ~ ~® ~ ~~ ~ ~ ~ ,~ f' ,~ P9^~ I ~~~ '~~b B ~~~ ~$~ :~` ~~~ ~ m , ~ a~~~ a 3 ~a~~q~ ~~$~ ~~ ,, ~~ •~ _ ,sma,' Ti'.~•• _ 4 KR~6iRd0 Sg iry I ~~ "~ -~ a '~~~~a ~ ~ ~~ 8 ~ ~ ® 't~ P8 R~ 4 ~~ ~ ~ some. e i ~''' .I ~ ~ a 6~g~pp~ * ~ ~ ~ 6~ ~~ F g 4 f~R a 0 0 T c Z 0 Exhibit C Page 3 CITY OF MERIDIAN PLANl'~i DEPARTMENT STAFF REPORT FOR T~IEARING DATE OF 7/18/06 EXHIBIT D: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-SB-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8 Medium Density Residential District. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; `low density' consist of single-family homes at densities of three dwelling units or less per acre. Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2005 North Meridian Comprehensive Plan amendment and Future Land Use Map, which designates the SW corner of the SW corner S25 4N 1W at McMillan and Meridian Roads to be medium density residential. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request for a `step up' in density. Council fords that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP-06-007- dated December 21, 2005). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. Council fords that the single-family homes would be allowed (permitted) within the requested R-8 district. The entire site is being proposed as residential; and upon build-out, Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses north of the site in the Paramount development and the adjacent subdivisions also in the medium density comprehensive designations. Council fords that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will be detrimental to the public health, safety, or welfare. Further, Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Council should rely on any oral or written testimony that may be provided when determining this Exhibit E Page 1 CITY OF MERIDIAN PLANP~ DEPARTMENT STAFF REPORT FOR T1~IEARING DATE OF 7/18/06 fmding. 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, There have been no recent street improvements in the area. The abutting roadway McMillan Road is not in ACHD's Five Year Work Program or C1P (20-year plan) for road widening. The subject property is generally surrounded by rural residential acreages. Council does not find that there has been a change in the area that dictates that this property should be rezoned. Council should rely on staff's analysis, public testimony received, and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACRD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 24, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not fmd that there has been a change in the area that dictates that this property should be rezoned. Council should rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Due to the residential nature of the general vicinity, the project's conformance to the Unified Development Code. and the applicant's agreement to abide by the conditions of approval contained in this staff report, Council finds that the annexation and zoning of this property to R-8 would be in the best interest of the Citv. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, Council shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above Exhibit E Page 2 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR T~-fEARING DATE OF 7/18/06 C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. Exhibit E Page 3 i • August 4, 2006 AZ 06-022 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 APPLICANT Briggs Engineering ITEM NO. S-E REQUEST Findings for Approval -- Request for Annexation and Zoning of 9.98 acres from RUT to R-4 zones for Prato Villas Subdivision -4052 8~ 4202 West Daphine Street AGENCY CITY CLERK: CITY ENGINEER: COMMENTS CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ,~ S1/ CITY PARKS DEPT: U 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: g ~ Phone: v~ Emailed: •~~2l1 '~i n ~ I itials: D ' Materlais presented at pubec meethrgs shall become properly of the CNy of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ RECEIVES a ~ o ~ ~ oos ' °~~~~ '° Meridian [.1'G~r' : it 1 ~~ r. ~ ! erk D~1Ce '~1,~'1~'' =~`~ ~' ~, lL7hAFita ~'~ +~, .~a f 1: _ w, In the Matter of Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) AND, Preliminary Plat approval of 30 single-family residential building lots and 4 common lots on 9.97 acres in a proposed R-4 zone, for Prato Villas Subdivision, by Briggs Engineering, Inc. Case No(s).: AZ-06-022 and PP-06-022 For the City Council Hearing Date of: July 18, 2006 A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5). AZ-06-022 / PP-06-022 - PAGE I of 4 • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 2, 2006, by Briggs Engineering, Inc., is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 18, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~~ da of Y ~~ , 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_ c%~~~ COUNCIL MEMBER JOE BORTON J~~ VOTED_ COUNCIL MEMBER CHARLIE ROUNTREE ` VOTED_~ COUNCIL MEMBER KEITH BIRD VOTED_ c~~ZG~ TIE BREAKER MAYOR TAMMY de WEERD VOTED ~e~ de WEERD 'O® sP~ ~ `/jJ ATTEST: ~~ v WILLIAM G. BERG, JR., ~ ,~' ~ ~~~ . `' ~/~~ ~~ L~~4\ ~ ~' pY p ~ Applic/~t~torotrfr„ia~es+`'``~,~ Co served u on: / Planning Department /~ Public Works Department / City Attorney By: Dated: ~- q - D ~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 4 of 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 STAFF REPORT Hearing Date: 7/18/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: Prato Villas Subdivision AZ-06-022 c"_ ~ ~~.~~~ 4 ~ `~° Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-022 Preliminary Plat approval of 30 single-family residential building lots and 4 common lots on 9.97 acres in a proposed R-4 zone, by Briggs Engineering, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kevin Harris of Briggs Engineering, Inc., has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 10.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Daphne Street, approximately 600 feet north of McMillan Road, east of Black Cat Road. Currently, there are two single-family homes and associated outbuildings on this site. Both of the existing homes will be moved/removed. The site is composed of two tax parcels commonly known as Lots 6 and 7, Block 2, Black Cat Estates Subdivision #2. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Prato Villas Subdivision (AZ-06-022 and PP-06-022) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning applications. a. Summary of Commission Public Hearing: i. In favor: Kevin Harris, Briggs Engineering ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Amending Block 3 to have 61ots and an open space area in the middle; ii. Other development in this area; and, iii. Timing of sewer availability to this site. c. Key Commission Changes to Staff Recommendation: i. Recommended approval of a revised preliminary plat that shows 6 buildable lots (21ess than originally proposed) in Block 3, and a common open space area with Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 1 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 an irrigation easement in it. NOTE: The Commission required the applicant to submit revised copies of the preliminary plat reflecting the changes made during the hearing. On June 8.2006 the applicant complied with the Commission's requirement for copies of the revised plat. The revised plat, dated June 2.2006 has been included within the subject Staff Report in Exhibit A. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-022 and PP-06-022 as presented in staff report for the hearing date of July 18, 2006 with the following modifications: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-022 and PP-06-022 as presented during the hearing on July 18, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-022 and PP-06-022 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: 4052 and 4202 W. Daphne Street; north of McMillan Road and east of Black Cat Road in Section 27, Township 4 North, Range 1 West b. Owners: Chad Colbert, Gerald Saxton, Kent Pintus 3325 W. Jacobastor Way S. Jordan, UT 84088 c. Applicant: Kevin Harris, Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 d. Representative: Kevin Harris, Briggs Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 10 acres to R-4 and Preliminary Plat approval of 32 single-family buildable lots and 3 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 9,954 square feet. The gross density of the proj ect is 3.2 dwelling units per acre. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 2 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 Approximately six percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 3/14/06 (revised 06-02-061 2. Date of landscape plan (attached in Exhibit A): 3/1/06 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: May 15~` and 29~', 2006 (for Planning & Zoning Commission hearing), and June 26`" and July 10~`, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: May 5~', 2006 (for Planning & Zoning Commission hearing) and June 23~', 2006 (for City Council hearing) e. Applicant posted notice on site by: May 22~, 2006 (for Planning & Zoning Commission hearing), and July 8~', 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are two single-family homes and some associated outbuildings on this site. The existing homes aze to be movedlremoved. b. Description of Character of Surrounding Area: This area contains a mix of five-acre pazcels in Ada County, and developing subdivisions in the City. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Approved single-family lots within Volterra Subdivision, zoned R-4 2. East: Approved single-family lots within Volterra Subdivision, zoned R-4 3. South: Single-family homes on lazge pazcels, zoned RUT (Ada County) 4. West: Single-family homes on lazge pazcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is currently not sewerable. It would ultimately sewer to the North Black Cat Trunk. Location of water: This property does not currently have water service. It would ultimately receive water service from Volterra Subdivision to the east of off-site mains installed to the south. Issues or concerns: This property is not currently serviceable by City of Meridian sewer or water. The large gravity irrigation easement noted on the preliminary plat may render a Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 3 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 large portion of some lots useless. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low-Density Residential) 5. Size of Property: 10.16 acres f. Subdivision Plat Information: 1. Residential Lots: 32 (ori ig nallYnroposed. 30 approved) 2. Non-residential Lots: 0 3. Total Building Lots: 32 4. Common Lots: 3 (originallyproposed, 4 approved 5. Other Lots: 0 6. Total Lots: 35 (originally.nroposed, 34 approved) 7. Gross Density: 3:~ units per acre (net density is 4.0 d.u./acre) 8. Minimum House Size: 1,700 square feet g. Landscaping 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.64 acres/6.42% (origin llyproposed, added 12, 273 square feet with revised plat) 4. Other landscaping standards: Parkway areas are to be 8-feet wide and contain Class II trees to be counted as common open space (iJDC 11-3A-17E). h. Amenities: Parkways with detached sidewalks. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,400 8,000 Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 4 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 k. Proposed and Required Non-Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a public street, Prato Avenue, to intersect Daphne Street. The applicant is proposing to extend a public stub street from Volterra Subdivision, Wapoot Avenue, from the east. The applicant is also proposing to provide a public street stub to the 5-acre lot to the west. All of the internal streets are local streets with 36-feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4-foot wide detached sidewalks within 60- feet ofright-of--way. Staff is generally supportive of the proposed street system. AC1=ID has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On May 12, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 32 single- family lots on 10 acres for a gross density of 3.2 dwelling units/acre. The proposed density is above the anticipated density for this area. Staff is recommending that the applicant remove at least two of the proposed lots, so the density of this development complies with the Comprehensive Plan. 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): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 5 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 1 S, 2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian YYater Department, the Meridian YYastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the east. In addition, one stub street is being proposed to the western parcel that is currently zoned in Ada County RUT, which staff anticipates will re-develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six foot tall closed fence around the boundary of this development. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct four foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 6 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 See above. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single family residential properties to the north, south, east and west, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the west and south. The applicant is proposing to construct a six foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, most of the larger lots in the subdivision are on the perimeter of the development, providing a transition from the large county parcels to the internal smaller lots. Stafffinds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. Staff believes that if at least two buildable lots are removed (providing a gross density of 3.0 dwellings/acre), the density and zoning for this property would be appropriate. Staff 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 zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 7 CITY OF MERIDIAN PLANl~ DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF JULY 18, 2006 AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on March 22, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan designation and does not ne atga ively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 30 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 8 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H~ING DATE OF NLY 18, 2006 Density/Open Space: As noted previously in this report, this area is designated for low density residential uses. Low density residential is defined as up to three dwelling units per acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There are existing rural lots to the west and south of this site. Therefore, staff is recommending that at least two lots: Lots 4 and 5, Block 3 be removed. This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. UDC 11-3G-3A1 requires at least 5% of the total land area to be set aside for common open space in single-family developments. Parkways and street buffers as designed by the applicant do count towards the open space requirement. However, because two lots should be removed from this development, staff recommends that that area be set aside for a park area. Because they are centrally located, staff recommends that a majority of Lots 4 and 5, Block 3, be used for a common park area for the homeowners' within this development. Landscaping_ The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. • Incorporate portions of Lots 4 and 5, Block 3, into a common park area. Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Stub Streets: The applicant should be required to extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Parcel #80982010100) as proposed. Existing ResidencesBuildings: The site currently contains multiple buildings. All existing buildings shall be located/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the final plat by the City Engineer. Fencine: The applicant is proposing to construct 6-foot solid fencing along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be designed according to UDC 11-3A-7. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 9 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 Common Areas: Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-06- 022 and PP-06-022, with the conditions listed in Exhibit B of the Staff Report for the hearing date of June 1, 2006. On June 1.2006 the Meridian Planning & Zoning Commission voted to recommend approval of the subject applications with the conditions listed in Exhibit B below On July 18, 2006 the Meridian City Council voted to anurove the subiect applications. 11. EDITS A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 2. Landscape Plan (dated: 3-1-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 10 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 1[ ..J 1- Ny('j~3+-~~il ~y~ ~ HHIS'IAIt[g;tS ~ 9 ~-~~-~` ~. ~~ ~' - a~,l~~J. ~I i~ ~ ms~e~. KVT[!n 9dFSd - -9 a ~~~~~ r ,. ~_ ~ ' . !! Y @ - - P ~ ~~~ i @ K¢lfr t ~ ~1' ~ ~ 9K ~1R9BBBK~x$ ~! ~ ~ i,~a~~~~~~~g9~~r~~'yC~~~~9~9~'~u~~~~~~i9~ae ~~~~~tae~~~~~~~~~~~~i~i~~~~~~~g~~~ r ~ ~ ~ ~~ ~ ~~1 ~ ~~ i ~ ~I I ' - ~ .. o >~~'~~i !~~i~i ~1 ~° ' '~ ~ ~I ' 1 --'---- _ 7r" 1 1 I o ~ ~ _ - _ t i ~ ~~~ `~~ ~~ ~ ~ ~ __Z ~ •. __. _ y ~ ~ w I t-- _ I r i I I - - ~ 1 1 I _ ~ ,~ K _ ._ ~~ ,~ --- ~---- - _ ~ I -, I ;- - -~ ~ ~ __~ `I - ~ _ _ _ ~ r_ I I _ - ~ t~ ~~ ~j 11 ~ 1 - ~: `" ~ ~ s I 1 ~ °$ ~~ ~ ~„ LL ~ 1 ~..- ! Exhibit A -Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 Landscape Plan (dated 3-1-06) ~~ saw ~~ ~~~~~ 'a~~~~"s saa~~s~~~ ~. ~~ a ~~ ~. . ak ~ ~~ ~ . ~~ ~~~ ~~a~~ ~ ~~~~ ~: ~?~~ ,- -. : °g~ ~~"Y 4 1 g ~~ ~ F y¢,o~ ~. r i8'~ ~~ 2 ~~~ ~; 9 ~ $ i ~rt~~~ ~~~~ ~~~~ ~~a~ E -~ r - - - , ~ v` i ~ ~, 7 ~~k ~~ s ~) ~~ ~ ~~ ' ~ ~~° ~ ,,~ ~ ~~ ~ ~. t ~~ '~~ D ¢~ n ~ "i ~~ ~ a~ ~ Q d ~ Z d 1 ~j I i W ~. E . ~, ~ ~~ ~ cn . J _ ~, .> ®. j ~~ ~s ~ . ~ ~~ Exhibit A -Page 2 :s. ~~ =-ja ~a -; ~~~ CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 B. Conditions of Approval 1. Planning Department ANNEXATION PROVISIONS The applicant shall be required to enter into a Development Agreement with the Citv for this nropertv. The provisions for said Development Agreement can be found in Section 10 of the Staff Report for the hearing date of July 18, 2006. 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-022) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Briggs Engineering, Inc., dated June 2, 2006 is approved, with the conditions listed herein. The revised nreliminar~plat shows two less buildins lots than were on ig Wally proposed, and an open space in Block 3 between the remainin ,, e~~azged 6 buildable lots. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-022) application shall also be considered conditions of the Preliminary Plat (PP-06-022) 1.1.2 The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. • Incorporate portions of Lots 4 and 5, Block 3, into a common park area. Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Remove at least two lots from the plat to allow a maximum of 30 dwelling units on the subject property. This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. Portions of Lots 4 and 5, Block 3, shall be incorporated into a common park lot for the homeowners. 1.1.4 Extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Parcel #80982010100) as proposed. Exhibit B -Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 1.1.5 Vacate or improve the Joy Street cul-de-sac right-of--way. If the cul-de-sac is not vacated, prohibit the lots within the subdivision from being double-fronted. All access to the homes within Prato Villas Subdivision shall be from internal streets and not Joy Street or Daphne Street. 1.1.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.7 Provide a 6-foot tall solid fence around the perimeter of the development, as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.8 Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. 1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to fmal plat signature. 1.1.10 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIltEMENTS-PRELIMINARY PLAT (PP-06-022) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewallcs shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B -Page 2 CITY OF MERIDIAN PLAl~ DEPARTMENT STAFF REPORT FOR THE HEATt~DATE OF JANUARY 19, 2006 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains from the yet to be installed North Black Cat Trunk. The Black Cat trunk is not planned to be constructed until approximately 2008, and then this property would have to wait until other development in the area would to bring it to this property. This property is currently not serviceable and the City of Meridian does not guarantee sewer service or water service in the timelines outlined in the UDC. 2.2 Once available the applicant shall install all water and sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant has not indicated Settlers Irrigation District will own and operate the pressure irrigation system in this proposed development. A letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 If a pressurized irrigation pump station is to be constructed on this site it shall be in its own lot. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit documentation from Settlers Irrigation District that the 35-foot irrigation easement shall be allowed to be usable by each individual lot. 2.8 All existing structures spanning lot lines or not meeting the dimensional standards in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any existing domestic wells andlor septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. Exhibit B -Page 2 CTI'I' OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE HEAIt~DATE OF JANUARY 19, 2006 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Z.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %a" 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. Exhibit B -Page 2 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above fmish 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. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 No parking will be allowed adjacent to Lots 5-8, Block 1. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 32-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 93 residents at build out. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 No comments. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Exhibit B -Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 Site Specific Conditions o~pp~oval 1. Construct an entry road, North Prato Avenue, intersecting West Daphne Street located approximately 180-feet west of North Joy Street (measured centerline to centerline). 2. Vacate or improve the knuckle at the intersection of North Joy Street and West Daphne Street. 3. Locate the internal roadways as proposed, receive approval from Development Review staff to utilize the proposed roadside infiltration swale street section and enter into an agreement with ACRD prior to submitting full plans for a subdivision. OR If the site does not meet the standard criteria, construct the local streets as standard 36-foot street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet ofright-of--way. 4. Construct a stub street to the west, West Wapoot Street, located approximately 143-feet south of the northwest property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUT[TRE". 5. Construct a stub street to the east, West Wapoot Street, located approximately 143-feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to an approved public roadway within Volterra Subdivision to the east of this site. 6. Construct a minimum 29-foot street section at the knuckle on either side of the island at the intersection of West Donata Street and North Agata Avenue. 7. Comply with all Standard Conditions of Approval. Standard Conditions ofApproval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B -Page 2 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Settlers' Irrigation District 9.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved is the McMullen Sub-Lateral (20' easement), the Scrivner Lateral (20' easement) and the East Drain (20' easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. Exhibit B -Page 2 CITY OF MERIDIAN PLAN... DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 9.7 This property receives all of its irrigation water from the Stewart Lateral, and is located within Settlers Irrigation District. Exhibit B -Page 2 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 C. Legal Description DESCRIPTIt~N FOR ANNEXATIt3N TO C17Y OF MERtDIAlsI PRATO Vtl.LrhS SU836lIVIStUN Maech 22, 2tl0ti A PARCEL OF LAND BEIND A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS 6 AND 7, BLOCK 2, OF ~iLACK CAT ESTATES N0.2, AS RECORDED tN BOOK 32 OF PLATS, PAGE 1945 AND 1946, ADA COUNTY RECOFdDERS OFFICE, LOCATED tN THE SOUTH 1/2 OF THE SOUTHWEST 1i4 OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA. COUNTY, [DAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCIN4z AT THE SOUTHV~'EST CORNER OF THE SW 114 OF SECTItSN 27, T. 4 N_, R. 1 W., B.M., ADA COUNTY, IDAHO, THl-LANCE S 89°35'25' E 2653.56 FEET TO THE SOUTHEAST CORNER OF SAID SW 1141S08JTH if4 CORNER). THENCE N ~°29'Q9" E 644.81 FEET ALONG THE EAST LINE OF SAI!? SW 1f4 TO THE SOUTHEAST CORNER OF 7, BLOCK 2, OF SLACK CAT ESTATES NO.2, AR RECORDED !N BOOK 32 OF PLATS, PACE 1945 AI'+ID 1946, ADA COUAlTY RECORDERS OFFICE. THE REAL PA1E1'( OF BE4;ENNING ©F THIS StJBDiVIS1ON; THENCE N 89°18'40" W 329.57 FEET TO A POINT ON THE NEW NORTHERLY RIGHT OF WAY WEST DAPHNE STREET; THENCE S 87°41'38° W 5.52 FEET TO THE GENTERL[NE INTERSECTION OF WEST DAPHNE STREET AND NORTH JOY STREET; THENCE N 89°15`45° W 335.40 FEET ALONG THE CENTERLINE OF WEST DAts1iNE STREET TO A POINT; FOLLOWING THE BOUNDARIES OF LOTS 6 ANC? T, BLOCK 2, OF SAID BLACK CAT ESTATES NO.2 AS FOLLOWS: THENCE N 00'26'14° E 613025 FEET TO A POINT ON THE NORTH LINE OF THE S 1f2 OF SAID SW 1f4; THENCE S 89°17`29" E &69.[31 FEET ALONG SAID LINE TO THE NORTHEAS7 CORNER OF SAID S 1f2 (CS id1B CORNER); THENCE S 00°20'12° W 680.00 FEET TO A POINT TO THE !ZEAL POINT f~F BEC~3INNINt3 OF THIS SUBDIVISION. SAID PARCEL CONTAINING 10.16 ACRES t~AORE OR LESS. WAYNE K. BARBER, P.L.S. 8444 ~4~01 OS-Rev-Anncx.doe Exhibit C -Page 1 CITY OF MERIDIAN PLAIV~i DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF JANUARY 19, 2006 300 150 0 300 600 900 S~AI.E tN FEET `a :4`°`ti f~-~ gg ~^ °~ t~ ``° ~eJr_~ @ 1 1 ~ 1 1 ~, a~ 1 `.~ ~~°_~ ~~ 1 ~ r B S r~ 8 4j JI ~ i 1 1 T i i 1 t ) CAT E~TATf~ ~ ~ ~~ ai 6 ]$1 4 $ ®,m ~ ®m.... ~.amm t 9 j a ffi.I~C CAT MATES S1lB 1~ 1 1 1 1 4 I f I 1 1 ~ § 1 % _~ --~ ? _~ S~~ ~f~~P~~ ~~~ ~~ LEGEND ~~ •• s ~ ~ ~ ~ 8a.rr~dary LMe '- - - - - Sectlen Loses t@Ight ary Way Llne ,• : ~: PRATO 'STII~,AS ~ST~i'T~S e~l~~, ~~cuv~~~itvc, ~~c. ~NEXt1TI0N TO CITY O)a ~RI.UTAN B R I G G S ~~T t OF t IOCATEp Ilo1 Tt1E SW 1 j4 OF `' - Y E X H SECTION 27, T.4M.. R.7 W., 6.MB. E~NE~ PL+J4NEW5 ~ try ~ g~ ~>a • E ~+Iln • fa;-sue ~: ,~ ~ ~I'~c» Q+calrq~, cr ~,ty P~1+n+ thtteat. vrmO rat he uoc! \r~toa--n~,~m~.~c ~/~08 t7PA! 80t08 t'° ,'J00' "A rF ~~ ~ m ~ i~ ~ eta ~,~ °~`c ~ a sse r ro r r~ Engc~ Ina PRAT® V~.LA ESTATES 8 t ..` ``~ ®~4i,$ i ~ rr9 ®~e l t 1 ,.,~.m-. ' ` 1 0~ fed j~°° 1 9k~B ~~s! 1 1 Zti,1 I j~ 4 t y 1 ~lQd~'+ ~~~~!!l~i~y~a-~~~-~ ss ~~ ~~ o !11 1 t ~~ ~ 1 °'0 ..:~.a._ y ~ i Exhibit C -Page 2 CITY OF MERIDIAN PLAI~; DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF JANUARY 19, 2006 I ~ 1 e ~ I ' i ~~ e i r t (s r`` I i ~ ~--s-~ i 1 a ~ X61.44 r a I 0 1 ~ ~A~ '~~ ~ e ~ + eat u~ ~PP~ ~RL r ~ e ~,, ~ aae~~a~~an~ ~~a. I t rM ". ~ ~ 3 +~EI7T J e i ~~~ ~ ~ Exhibit C -Page 3 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF JANUARY 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 zone, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zonin og f this property to R-4 would be in the best interest of the Citv if the applicant enters into a Development Agreement (DA) with the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: Exhibit D -Page 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAI~DATE OF JANUARY 19, 2006 1. The plat is in conformance with the Comprehensive Plan; Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. If the applicant revises the submitted plat to comply with the conditions listed in Exhibit B of the Staff Report, then the plat will comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fords that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording. (See fording Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) Council finds that there is public financial capability of providing supporting services to the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit D -Page 2 f August 4, 2006 MERIDIAN CITY COUNCIL MEETING PP 06-022 August 8, 200b APPLICANT Briggs Engineering ITEM NO. 5-f REQUEST Findings for Approval -Request for Preliminary Plat approval of 32 building lots and 3 common lots on 9.98 acres in a proposed R-4 zone far Prato Villas Subdivision -4052 & 4202 West Daphine Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings 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: ~`~L1/VV~J Date• ~ ? d(~ Phone: 3~u-r ~7®® Emailed: ~~n ~ < !~gS'~•Q ,/ ~taff Initials: ' 1Q~/~2erenQ o" . ~ , . Materials presented at public meeting shop becomeMproperly of the CNy of Meridian. ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ RECEIVELs AUG .0 ~ X006 ~.. ~i~ ~:~~~~~a~~ cr~*,raF r~~!~t'~ ~ff3CP (: -~ r ~r~.~~~ ~~F~ ~'~t-e-~i.7~i ~i9::iti 1:3F1.: '~f_I~.i.~~y' y- E In the Matter of Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) AND, Preliminary Plat approval of 30 single-family residential building lots and 4 common lots on 9.97 acres in a proposed R-4 zone, for Prato Villas Subdivision, by Briggs Engineering, Inc. Case No(s).: AZ-06-022 and PP-06-022 For the City Council Hearing Date of: July 18, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 2, 2006, by Briggs Engineering, Inc., is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 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 July 18, 2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 3 of 4 ~~ ~~ By action of the City Council at its regular meeting held on the 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~S~G~.- COUNCIL MEMBER JOE BORTON VOTED_ ~~~~t-- COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~~- COUNCIL MEMBER KEITH BIRD VOTED G~~G~- TIE BREAKER MAYOR TAMMY de WEERD VOTED ~ ATTEST: WILLIAM G. BERG, JR., ,~`~ de' \e,.~~ a -.~.~ ~ ~ ~ r e~~ ~~~s ~ ,~~ - :~~,~~ - ~T at~~ • ~~ o` r o` a ~~s'0/'~~~`1 PPPP PI~FBt180~~~t~~R`~~ Copy served upon: ~ Applicant ,~_ Planning Department / Public Works Department '~ City Attorney day of By: Dated: ~-p1 '~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 / PP-06-022 -PAGE 4 of 4 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 18, 2006 STAFF REPORT Hearing Date: 7/18/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: Prato Villas Subdivision AZ-06-022 f, ~~, .~ t «v rte ~d:~Y#~~~ ~~ {~~ ~, ~~ Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-022 Preliminary Plat approval of 30 single-family residential building lots and 4 common lots on 9.97 acres in a proposed R-4 zone, by Briggs Engineering, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kevin Hams of Briggs Engineering, Inc., has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 10.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Daphne Street, approximately 600 feet north of McMillan Road, east of Black Cat Road. Currently, there are two single-family homes and associated outbuildings on this site. Both of the existing homes will be movedlremoved. The site is composed of two tax parcels commonly known as Lots 6 and 7, Block 2, Black Cat Estates Subdivision #2. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommendinS approval of the proposed Prato Villas Subdivision (AZ-06-022 and PP-06-0221 with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning appllCatlOIIS. a. Summary of Commission Public Hearing: i. In favor: Kevin Harris, Briggs Engineering ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Amending Block 3 to have 61ots and an open space area in the middle; ii. Other development in this area; and, iii. Timing of sewer availability to this site. c. Key Commission Changes to Staff Recommendation: i. Recommended approval of a revised preliminary plat that shows 6 buildable lots (21ess than originally proposed) in Block 3, and a common open space area with Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 1 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JiJLY 18, 2006 an irrigation easement in it. NOTE: The Commission required the applicant to submit revised copies of the preliminatYplat reflecting the chances made during the hearing. On June 8, 2006 the applicant complied with the Commission's requirement for copies of the revised plat The revised plat dated June 2 2006 has been included within the subiect Staff Report in Exhibit A. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-022 and PP-06-022 as presented in staff report for the hearing date of July 18, 2006 with the following modifications: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-022 and PP-06-022 as presented during the hearing on July 18, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-022 and PP-06-022 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: 4052 and 4202 W. Daphne Street; north of McMillan Road and east of Black Cat Road in Section 27, Township 4 North, Range 1 West b. Owners: Chad Colbent, Gerald Saxton, Kent Pintus 3325 W. Jacobastor Way S. Jordan, UT 84088 c. Applicant: Kevin Harris, Briggs Engineering, Inc. 1800 W. Overland Road Boise, ID 83705 d. Representative: Kevin Harris, Briggs Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 10 acres to R-4 and Preliminary Plat approval of 32 single-family buildable lots and 3 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 9,954 square feet. The gross density of the project is 3.2 dwelling units per acre. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 2 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H)~G DATE OF JULY 18, 2006 Approximately six percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 3/14/06 (revised 06-02-06) 2. Date of landscape plan (attached in Exhibit A): 3/1/06 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: May 15~' and 29`x, 2006 (for Planning & Zoning Commission hearing), and June 26~` and July 10~`, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: May 5~`, 2006 (for Planning & Zoning Commission hearing) and June 23~, 2006 (for City Council hearing) e. Applicant posted notice on site by: May 22°d, 2006 (for Planning & Zoning Commission hearing), and July 8~', 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are two single-family homes and some associated outbuildings on this site. The existing homes are to be moved/removed. b. Description of Character of Surrounding Area: This area contains a mix of five-acre parcels in Ada County, and developing subdivisions in the City. This area is rapidly transitioning from astral to urban. c. Adjacent Land Use and Zoning: 1. North: Approved single-family lots within Volterra Subdivision, zoned R-4 2. East: Approved single-family lots within Volterra Subdivision, zoned R-4 3. South: Single-family homes on large parcels, zoned RUT (Ada County) 4. West: Single-family homes on large parcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is currently not sewerable. It would ultimately sewer to the North Black Cat Trunk. Location of water: This property does not currently have water service. It would ultimately receive water service from Volterra Subdivision to the east of off-site mains installed to the south. Issues or concerns: Meridian sewer or water. This property is not currently serviceable by City of The large gravity irrigation easement noted on the preliminary plat may render a Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 3 CITY OF MERIDIAN PLAN~G DEPARTMENT STAFF REPORT FOR THE KING DATE OF JULY 18, 2006 large portion of some lots useless. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low-Density Residential) 5. Size of Property: 10.16 acres f. Subdivision Plat Information: 1. Residential Lots: 32 (originally proposed 30 approved) 2. Non-residential Lots: 0 3. Total Building Lots: 32 4. Common Lots: 3 (orieinall~proposed. 4 approved) 5. Other Lots: 0 6. Total Lots: 35 (originallyproposed 34 approved) 7. Gross Density: 3~ units per acre (net density is 4.0 d.u./acre) 8. Minimum House Size: 1,700 sauaze feet g. Landscaping 1. Width of street buffer(s): N/A 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 0.64 acres/6.42% (ori 11Yproposed, added 12, 273 squaze feet with revised plat) 4. Other landscaping standazds: Pazkway areas are to be 8-feet wide and contain Class II trees to be counted as common open space (UDC 11-3A-17E). h. Amenities: Parkways with detached sidewalks. i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each gazage. j. Proposed and Required Residential Standazds: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Gazage (to sidewalk) 20 20 Side 5 5 Rte' 15 15 Frontage 60 60 Lot Size 8,400 8,000 Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 4 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE G DATE OF J[ILY 18, 2006 k. Proposed and Required Non-Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a public street, Prato Avenue, to intersect Daphne Street. The applicant is proposing to extend a public stub street from Volterra Subdivision, Wapoot Avenue, from the east. The applicant is also proposing to provide a public street stub to the 5-acre lot to the west. All of the internal streets are local streets with 36-feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4-foot wide detached sidewalks within 60- feet ofright-of--way. Staff is generally supportive of the proposed street system. ACRD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On May 12, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 32 single- family lots on 10 acres for a gross density of 3.2 dwelling units/acre. The proposed density is above the anticipated density for this area. Staff is recommending that the applicant remove at least two of the proposed lots so the density of this development complies with the Comprehensive Plan. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 5 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H~G DATE OF NLY 18, 2006 The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the east. In addition, one stub street is being proposed to the western parcel that is currently zoned in Ada County RUT, which staff anticipates will re-develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providing for future connectivity to the east and west. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six foot tall closed fence around the boundary of this development. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 -Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct four foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 6 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H1~G DATE OF JULY 18, 2006 See above. Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the existing single family residential properties to the north, south, east and west, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses to the west and south. The applicant is proposing to construct a six foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, most of the larger lots in the subdivision are on the perimeter of the development, providing a transition from the large county parcels to the internal smaller lots. Staff finds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. Staff believes that if at least two buildable lots are removed (providing a gross density of 3.0 dwellings/acre), the density and zoning for this property would be appropriate. Staff 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 zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 7 CITY OF MERIDIAN PLAN~i DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 18, 2006 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on March 22, 2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development A~'eement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this propertv is developed in a fashion that is consistent with the comprehensive plan designation and does not ne atively impact nearbv properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Ci Attorne Bill N at 888-4433 to initiate this rocess. The DA shall incorporate the following: • That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. • That a maximum of 30 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 8 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE H1~G DATE OF JiJLY 18, 2006 Density/Open Space: As noted previously in this report, this area is designated for low density residential uses. Low density residential is defined as up to three dwelling units per acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There are existing rural lots to the west and south of this site. Therefore, staff is recommending that at least two lots: Lots 4 and 5, Block 3 be removed. This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. UDC 11-3G-3A1 requires at least 5% of the total land area to be set aside for common open space in single-family developments. Parkways and street buffers as designed by the applicant do count towards the open space requirement. However, because two lots should be removed from this development, staff recommends that that area be set aside for a park area. Because they are centrally located, staff recommends that a majority of Lots 4 and 5, Block 3, be used for a common park area for the homeowners' within this development. Landscaning_ The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. • Incorporate portions of Lots 4 and 5, Block 3, into a common park area. Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Streets: The applicant should be required to extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Parcel #80982010100) as proposed. Existing ResidencesBuildinas• The site currently contains multiple buildings. All existing buildings shall be located/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6-foot solid fencing along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be designed according to UDC 11-3A-7. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 9 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE G DATE OF JULY 18, 2006 Common Areas: Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. Ditches, Laterals, and Canals• Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irri ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-06- 022 and PP-06-022, with the conditions listed in Exhibit B of the Staff Report for the hearing date of June 1, 2006. On June 1, 2006 the Meridian Plannin & Zoning Commission voted to recommend approval of the subi ect applications with the conditions listed in Exhibit B below On July 18.2006 the Meridian City Council voted to auorove the subject aonlications 11. EDITS A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 2. Landscape Plan (dated: 3-1-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 10 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HG DATE OF NLY 18, 2006 A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 Y 69 ~tl k t< sg a h• 9r~~~9 a~~g99~i~~~61~~~1i~~e~~~i~@Sa~ ~ 6~o8i~n~sl~~~~iiiliiiiii~i~i$~iiiiit i ~ I , ¢~ ,d~..~_. '~ .~ , i i ~ '- --;--- --+~ t -"I 1 f J I I- --' -t ~ I i I - ~^". __.1._ __ 7 I ~ A i __ ~ ~ ~ ~ .. ~ I _ _ - ~,ll !~ - __ ~ -~ -_ __- ~ ~ ( t~ __- 1 - j- _ 1 / o! r r - i I _ p 11" m ,• ~f ~ ~ r ~ ~ ~~~ ,: ~~ # ! I "`` e ~ I q b i°B ~~ 1- r ~ ~ ~ '~ - j ~ I t ~ i ~ 14 _ _ ! ~ '~i '! 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If.4 fi ~ w / ~•' ~ ~ i;- ~ -~ _ , ';,~ ' 'x J ia~ s ~~ ~~ ~~ ~ 1- ~ ~ g~ ~ ~ ~ EL (} b ~_ IE Exhibit A -Page 2 ~~ .:_ _+ ~~~ _ ,Q m4z CTI'Y OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 B. Conditions of Approval 1. Planning Department ANNEXATION PROVISIONS The applicant shall be required to enter into a Development A~xeement with the City for this property. The provisions for said Development Agreement can be found in Section 10 of the Staff R_pe ort for the hearing; date of Julv 18 2006. 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-022) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepazed by Briggs Engineering, Inc., dated June 2. 2006 is approved, with the conditions listed herein. The revised preliminary plat shows two less buildins? lots than were on fg pally proposed and an open space in Block 3 between the remainin~ged 6 buildable lots. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-022) application shall also be considered conditions of the Preliminary Plat (PP-06-022) 1.1.2 The landscape plan prepazed by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. • Incorporate portions of Lots 4 and 5, Block 3, into a common pazk azea. Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepazed by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.1.3 Remove at least two lots from the plat to allow a maximum of 30 dwelling units on the subject property. This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. Portions of Lots 4 and 5, Block 3, shall be incorporated into a common pazk lot for the homeowners. 1.1.4 Extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Pazcel #80982010100) as proposed. Exhibit B -Page 1 CITY OF MERIDIAN PLAN~DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF JANUARY 19, 2006 1.1.5 Vacate or improve the Joy Street cul-de-sac right-of--way. If the cul-de-sac is not vacated, prohibit the lots within the subdivision from being double-fronted. All access to the homes within Prato Villas Subdivision shall be from internal streets and not Joy Street or Daphne Street. 1.1.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.7 Provide a 6-foot tall solid fence around the perimeter of the development, as proposed. A detailed fencing plan shall be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. 1.1.8 Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. 1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.10 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-022) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B -Page 2 CITY OF MERIDIAN PLAN DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains from the yet to be installed North Black Cat Trunk. The Black Cat trunk is not planned to be constructed until approximately 2008, and then this property would have to wait until other development in the area would to bring it to this property. This property is currently not serviceable and the City of Meridian does not guarantee sewer service or water service in the timelines outlined in the UDC. Z.2 Once available the applicant shall install all water and sewer mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant has not indicated Settlers Irrigation District will own and operate the pressure irrigation system in this proposed development. A letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 If a pressurized irrigation pump station is to be constructed on this site it shall be in its own lot. 2.7 Prior to signature on the fmal plat by the City Engineer the applicant shall submit documentation from Settlers Irrigation District that the 35-foot irrigation easement shall be allowed to be usable by each individual lot. 2.8 All existing structures spanning lot lines or not meeting the dimensional standards in the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. Exhibit B -Page 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF JANUARY 19, 2006 2.12 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. Exhibit B -Page 2 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF JANUARY 19, 2006 d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 No parking will be allowed adjacent to Lots 5-8, Block 1. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 32-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 93 residents at build out. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 No comments. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Exhibit B -Page 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 Site Specific Conditions ofAppYOVaI Construct an entry road, North Prato Avenue, intersecting West Daphne Street located approximately 180-feet west of North Joy Street (measured centerline to centerline). 2. Vacate or improve the knuckle at the intersection of North Joy Street and West Daphne Street. Locate the internal roadways as proposed, receive approval from Development Review staff to utilize the proposed roadside infiltration swale street section and enter into an agreement with ACRD prior to submitting full plans for a subdivision. OR If the site does not meet the standard criteria, construct the local streets as standard 36-foot street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet ofright-of--way. 4. Construct a stub street to the west, West Wapoot Street, located approximately 143-feet south of the northwest property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the east, West Wapoot Street, located approximately 143-feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to an approved public roadway within Volterra Subdivision to the east of this site. 6. Construct a minimum 29-foot street section at the knuckle on either side of the island at the intersection of West Donata Street and North Agata Avenue. 7. Comply with all Standard Conditions of Approval. StandaYd Conditions ofAppYOVaI 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B -Page 2 CITY OF MERIDIAN PLANI~DEPARTMENT STAFF REPORT FOR THE HEARIl~ATE OF JANUARY 19, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Settlers' Irrigation District 9.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. The facilities involved is the McMullen Sub-Lateral (20' easement), the Scrivner Lateral (20' easement) and the East Drain (20' easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. Exhibit B -Page Z CTI'I' OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARIl~ATE OF JANUARY 19, 2006 9.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply imgation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 9.7 This property receives all of its irrigation water from the Stewart Lateral, and is located within Settlers Irrigation District. Exhibit B -Page 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF JANUARY 19, 2006 C. Legal Description DESCRiPTlON FOR AMB~IEIiATiOPd TO CITY ®F MERIDIAt:t PRATO 1iILLJIS SUBDIVISION Marefi 22, 2D06 A PARCEL OF LAND BEIND A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS 6 AND 7, BLOCK 2, OF BI.i4Ck CAT ESTATES NO.2, AS RECORDED IN BOOk 32 OF PLATS, PAGE 1945 AND i94S. ADA COUNTY RECO€tl?~RS OFFICE, LOCATED IN THE SOUTH i/2 OF THE SO.UTHIIUEST 114 OF SECTION 27, Tt?WNSHIP 4 {WORTH, RANC;E 1 WEST, BOISE MERIDIAN, ADA. COUNTY, IDAHO, MORE PARl'lGULARLY DESCRIBED AS TOLLOWS: GOh1MENCINC AT TH£ SOUTHWEST CORNER OF THE SW 4/4 OF SECTION 27, T. 4 N., R.1 W., B.M., ADA COUNTY, IDAHO, THENCE S 89°35'Z5" E 2{i~.96 FEET TO THE SOUTHI=AST COP2lWER OF SAIb St~l 1/4 (SOUTH t!4 CORNER). THENCE N ~°29'OS° E 644.81 FEET ALONG THE EAS7 LINE OF SAID SW 1/4 TO THE SOUTHEAST CORNER OF 7, SLOCk 2, OF BLACK CAT ESTATES N0.2, A5 RECORDED !!V 800k 32 OF PLATS, PACE 1845 AND 1946, ADA COUNTY RECORDERS OFFICE, THE REAL FOiIdT i1F BEGIMfYINCv QF THIS SUBDIVISION; THENCE N 89°18'40° W 329.bT FEET TO A POINT ON THE NEW NORTHERLY RICHT OF WAY WEST DAPHNE STREET; TIiENCE S $7°41'38° W 5.62 FEET TO THE CENTERLINE INTERSECTION OF WEST DAPHNE STREET AND NORTH JOY STREET; THENCE N 89°15'45° W 335.40 FEET ALONG THE CENTERLINE OF WEST DAPHNE STREET' TO A POINT; FOLLOWING THE BOUNDARIES OF LOTS S AND 7, BLOCK 2, OF SAID BLACK CAT ESTATES N0.2 AS FOLI.OWS~ THENCE N OQ°25°14° E 660.2:5 FEET' TO A POINT ON THE NORTH LINE OF THE S 1/2 OF SAID SW if4; THENCE S 88°17°x" E ~.$1 FEET ALONG SAID LINE TO THE NORTHEAST CORNER OF SAID S id2 (CS 1116 CORNER); THENCE S 00°20'12' W 6100.00 FEET TO A POINT TO THE REAL PaIFIT t'3F BEC~IMMING OF THIS SUBDIVISION. SAID PARCEL CONTAINING 10.16 ACRES MORE OR LESS. WAYNE K. BARBER, 1{i0 t U8-Rev-Ann~x.dac P.L.S. 8444 Exhibit C -Page 1 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 X00 150 0 600 900 o SCALE t6d FEET a, a ~ `°ya a''rt, ., fAr ~ •, "ia A .. a.4 h '~;, \ o r a~ v ! -11 3 tL 1 ~ ~~ I ~ i~gr1~ .~''a a tia'` d '~ ~ (ta *,,~`4 @~~.~_ ~ I F®' ~ -.p....a~,. 1 ~ ~ f ~~~ ~~,~\ yif~_o.>" ip, ~ `o ~S Y (d1 ~~_ _sa I4...L. ~.~`ty9 ie~yP/vja'r'+aaaa~, p t- ill de~q-~~ .~~"~.sd~~.a~~. '`y,-.e"'~`~q~ ta'.a°,~~o'~~/f mF.>B. ! r I ! I ~ _.l.m 1 d 1 ~ r `tip °,- ~..,. ~_ „,_.., _ ~_ ~ ~ 8-~47~~ E X61' ~ 1 Y 4~ ~ 1 a g 1 ; ia! i 1 ~. o ~_~.us..~ms" i~,~w r t CAT ~TATES #c' ~ ~~..'°"~ i ° a ~~1°tla _°~~_~___~ Y g ~ ~~ PRATE VIIJJI ESTA~S T~,~v . ~ ~ ' i ~ t fi ! pp, '~I ~ I ~ gg1 i ~ ! ! S~ j CAT~TATES~~1g ~ ~..a.<_....R"1~~T~"1°-.y ~'- I i ; (~~ lLATTED I ! ~ ~ ~ i ~ i. ~ ~ t s 1 y ~a...__ ~ 11 t 1 i~ '-' t.EGEND - - - - - Section Llrcas l I~t a~ way IJne _ __. _~ r ~ .. _ _~ ~ ~.~ Parcel tJrar ~R : Er+, P~T~ eCJ ~~~~~5 BRIGGS EhGINEIrRIR1G, :~'C. ~~ ' r . , AIX.e1TIaI~ TO CY'TY OF° MERIUTA~' B R l G ~ S ', sa~r i OF 9 t.OCATEC} IN TAiE S'tiY 7 /4 Ol` E~INEEIaS PLlPFFtfRS~ StlRYEY4lR3 EXH SECTION 27. T.4N., Fi.7 W.. B.tvl. tEt~3 a ¢f~.tW K¢eD • f, ~JHp 4L'iH5 • (~ia~-3~G d~~. ~~~ ~ . . ~,~,,~.~~,~r~~ dt3at4e-Aneax.fYi7Q 03/22/08 t3P4J l;tl10H ~'~ 30a?' ~^ eq Prnjgcl ~ oalagim~m of tlila 1'mjest o+anpt ty ~GSr. agns~!ncrf from ~1y+~ F~n}as~9ry, Inn. Exhibit C -Page 2 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE HEAR~ATE OF JANUARY 19, 2006 r - ° --- •. - ---_ ~ ~ ~47'E `78.86' ~ ~~, _ r '°~ 1 ~! I 1 I1 ~ a i~ ~r 0 ~ ~ ~ ~ a _ 30~Y1 ~1~44g 1 1 I , 1 N A 1 1 ~a~.~: ~~~ ~ i ~ 8~E dP APPE~ 'V ~~y~` 1 +i , , 1 A~tE~'~iAN ~WBIf.!$~ 1 1 1 1 1 ~ 58. 4/+4 COR, ~ t 1~$~ [~. ~1~1 ~'t7'1 id~Y 33~'.I~'~"'-~-~-a ~i~ ~b a .nrc Exhibit C -Page 3 CITY OF MERIDIAN PLDEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF JANUARY 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 zone, if the applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 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. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. 5. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4 would be in the best interest of the City if the applicant enters into a Development Ageeement (DA) with the Cites 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: Exhibit D -Page I CITY OF MERIDIAN PLAN~DEPARTMENT STAFF REPORT FOR THE HEARI~ATE OF JANUARY 19, 2006 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. If the applicant revises the submitted plat to comply with the conditions listed in Exhibit B of the Staff Report, then the plat will comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council fmds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) Council fmds that there is public financial capability of providing supporting services to the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit D -Page 2 i ~ August 4, 2006 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 APPLICANT ITEM NO. S-G REQUEST Approve New Beer & Wine License Applications for S'~ler No. 215 by S'ircling Platter, LLC at 3380 Norfh Eagle Road AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meefings shall become property of the City of Meridian. August 4, 2006 MERIDIAN CITY COUNCIL MEETING AUgUSt $, 2006 APPLICANT ITEM NO. S-H REQUEST Approve Beer 8~ Wine License Transfer from Albertson's, Inc., to New Albertsons, Inc. for Albertson's # 1 b4 located at 20 East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emaifed: Staff Initials: Materials presented a# public meetings shall become properly of the CNy of Meridian. August 4, 2~b MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 200b APPLICANT ITEM NO. S-~ REQUEST Approve Beer 8~ Wine License Transfer from Albertson's, Inc. to New Albertson's, Inc. for Albertson's # 180 located at 3301 West Cherry Lane 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 arttached Date: Phone: Staff Initials: Materials pr®sented at public m®eHngs shall become properly of the City of Meridian. .• August 4, 2006 ~, MERIDIAN CITY COUNCIL MEETING AUgUSt $, 2006 APPLICANT ITEM NO. S-.I REQUEST Sanitary Sewer and Water Main Easement Agreement for Settlement Bridge No. 6 by Capital Development, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aMoched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: " CITY WATER DEPT: ~ V 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 meetlnpa shall become property of the Cfly of Meridian. .. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08124106 01:61 PM f RECOROfD-REQUEST OF III I~Il~ll~lllllilllll~lll~l~l~ll I'll City of Meridian 1 ~3~ i L 7~4~ SArTITARY SEWER ANA WATER MAIN EASEMENT THIS INDENTURE, made this day of 2ll(,~between~`~~ ~~opTYl ;`fibs ~~ artier of the first and hereinafter called thy~~e ~rantors and the Ci of Meridi Ada Coun P P~ s tY ~ t3's Idaho, the party of the second part, and hereinafter called the Grantee; WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and. other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following descn~bed property: (SEE ATTACKED EXHIBITS A and $) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access tv such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and. between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall mot be responsible for repairing, replacing or restoring anything places within the area described in this easement that was placed there in violation of this easement. sanitary sewer and waxer Main ~ ~sNrr.S&W ~nv.doe ~ o THE G1tANTtJRS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described far this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRAN'T'ORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become paR of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereols shall cease and become null and void and of no further effect and sha11 be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and descn'bed tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN ~fi~Ti'NESS WT~R.EOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written, STATE OF IDAHO ) ss County of Ada ) On this _ 8~ day of . 200 , before me, the undersigned, a Notary Public in and for said State, perso y appeared ~Sry~ and 1N1 A.ri known or identified to me to ` e the President and Secre , teepee vely, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WTINESS WHEREQF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~e~~o~~-~GRA Y~~~~~~~i a~ • •°~ ~OTARy '' NOTARY PUBLI OR IDAHO e Residin at: ~ i~ S Tai S2~ ~ S ~F'UBLYr o, Commission Expires: Sanitary Sewer and water Main Easement MY COMMISSION E7CPIItL$ EASMT.S&W ~a~°%~see~A7~'GF ".' ~'~ A'`~ jrme $ !!!!l~Qj799t~~ MAII~i.doc a~~'mRtt ~rrEUtr Pusiac =,n~~~~a Page Secret • GRANTEE: CITY OF MERIDIAN `,~`, ~ - ti - - u r -,,,,;,, .. Tammy de W ayor ~~fiL.--.~ /-~ Attest by William G. Berg, Ci Cl ~,~ ~~.~, f,~~ ~.~ , tip'`' Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this (~ day of ~ Li.~~' , 2(1GI~s before me, the undersigned, a Notary Public in and for~said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor aad 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 fast above written. tsEAL) Sawitary sewer and water Main Easement MAYN.doa ~~`~~ ~~~ NOTARY PUBLIC FOR IDAHO Residing at- ~~h~ o~c( ~' Commission Expires: 1~--/~ // EASMT.S&W P~~x__~.Z.. • .~ngineex~ing worth 423 N. Ancestor Place, Sbite 180 LZC Idaho 83704 (208) 376-5000 ~ Pax {208) 376-5556 Prof ect No. ~-012-00 l3axe: July 12, 2006 ~x~1L31T 1=~ SE'I°1'LEMENT BRYDGE SUBDIVISION N0.6 UTILITY EASEMENT DESCRIPTION An easement located in the NE 1/4 of the NW 1/4 of Section 32, T. 4 N., R 1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 29, 30, 31 and 32 of said T. 4 N., R 1 E.; Thence South 89°12'09" East, 2653.10 feet on the section line common to said Sections 29 and 32 to the 1/4 Section Corner common to said Sections 29 and 32; Thence leaving said section line, South 00°33'24" West, 366.82 feet on the north-south mid-section line of said Section 32 to the southeast corner of Settlement Bridge Subdivision No. 5; Thence South 19°46'33" West, 349.35 feet to a point on a curve, said point also being the REAL POINT OF BEGINNING; Thenco 32.18 feat on the arc of a curare to the left, said curve having a radius of 50.00 feet, a central angle of 36°52'12" and a chord distance of 31.62 feet which bears North 54°44'S3" West; Thence North 00°33'24" East, 149.00 feet; Thence South 89°26`36" East, 26.00 feet; Thence South 00°33'24" West, 167.00 feet to the real point of beginning. Jaunes R Washburn, PLS Settlement Bridge No. 6 Ud'lity Basement Uesc.dac ~ Pa~e l~o'~ 1 PREPARED BY: Engineering NarthWest, LLC S1~7TLENIIrNT BB.IDGE SUBDIVISION N0.6 U1'lLITX BASEMENT ' I~XHIBIT B S.30 ~ 5.29 S.31 15.32 ail w o~ cr I c~ I r- U Q J 2 SCALE: 1 " = e City of Meridian Public Works Dept. Memo 'ro: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 7/25/2006 Re: Proposed Agenda Items for 8/1!06 City Council Meeting ~u~ 2 ~ coos City Of IVleridian City Clerl~ Office The Public Works Department respectfully requests that the following items be placed on the 8/1/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Settlement Bridge #/S by Capital Development Inc. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Settlement Bridge #6 by Capital Development Inc and authorize the Mayor to sign and City Clerk to attest. 2) ~i e ro'ect2. Typical Type2. n~"Council Action to sign and City Clerk to Thank you for your consideration. RECEIVED the Type2 for project2 and authorize ~ Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made thi p~ T~ ~~-ldpn'lfe "~'' s~ day of 2 between~i parties of the first part, and hereinafter called the tors and the Ci of M ' ty endian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring ~3'~~g Placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement ~ EASMT.S&W MAIN.doc ~ ~ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no fiu-ther effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) } ss County of Ada ) ~ this .~_ day of ZU~ before me, the undersigned, a Notary Public in and for said State, perso y appeared and IM~r'~ known or identified to me to a the President and Secre respec vely, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. e``0e4~ea+G~/~//~%~ e° e ~ 0 o` ~OTARy '. NOTARY PUBLI OR IDAHO e Residing at:~„ s2 L p ° ~ ~'UBLI~ Commission Expires: oa °°°,® °.~ Sanitary Sewer and water Main Easement MY C®MriIISSION ExPIR~.4 EA.SMT•S&W ®®~°B°'®~BS'JgTE pF {~~'2~~a~o®a~~~ MAIN.doc Jane ~, 2012 ~~~!/i@P9990ty~`6'' aoA~ atmU rsYr~x 8aa~t,~c ?nvnaa•~-a~+va 1~ ~ Secre GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeazed TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAT-) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Saaitary Sewer and Water Main Easement ~~ S&W MAIN.doc ' ~ ~ EngineeYing Noah T'T,est, LAC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax {208) 376-5556 Project No. 06-012-00 Date: July 12, 2006 EXt~iar-r ~ SETTLEMENT BRIDGE SUBDIVISION N0.6 UTILTPY EASEMENT DESCRIPTION An easement located in the NE 1/4 of the NW lJ4 of Section 32, T. 4 N., R 1 E., B.M., Meridian, Ada. County, Idaho, more particulazly described as follows: Commencing at the section corner common to Sections 29, 30, 31 and 32 of said T. 4 N., R 1 E.; Thence South 89°12'09" East, 2653.10 feet on the section line common to said Sections 29 and 32 to the 1/4 Secrion Corner common to said Sections 29 and 32; Thence leaving said section line, South 00°33'24" West, 366.82 feet on the north-south mid-section line of said Section 32 to the southeast corner of Settlement Bridge Subdivision No. 5; Thence South 19°46'33" West, 349.35 feet to a point on a curve, said point also being the REAL POINT OF BEGINNING; Thence 32.18 feet on the arc of a curve to the left, said curve having a radius of 50.00 feet, a central angle of 36°52'12" and a chord distance of 31.62 feet which bears North 54°44'53" West; Thence North 00°33'24" East, 149.00 feet; Thence South 89°26'36" East, 26.00 feet; Thence South 00°33'24" West, 167.00 feet to the real point of beginning. James R Washburn, PLS Settlement Bridge Na. 6 Utility Easement Desc.doc ~ Page 1 of 1 PREPARED BY: Engineering Northwest, LLC SETTLEMENT BRIDGE SUBDIVISIQN I~IC~. 6 UTILITY EASEMENT EXHIBIT B S.30 I S.29 S.31 I S.32 o~ w >~ ~l ~I t- U O J Z E. McM1L~ eras on SCALE: 1 " = .t~~nrr auu nem~an...s.,..~er,a,n.~awwxe tnu tm~.m EasiEUrwT..M ~nnaioos aaase nN u5T • s August 4, 2~b MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~6 APPLICANT ITEM NO. S-K REQUEST Change Order No. 2 for the Black Cat Lift Station with JC Constructors, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: $iee 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: Emailed: Date: Phone: Staff Initials: Maferiais presented at public meetings shay become properly of the Ctiy of Meridian. Ci ty of Mer idi an Pu bl ic Wor ks D ept. • RECEYVED ~i~~ 0 3 2000 Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 07/27/2006 City ®f ~Ieridia.n City Clerk Office Re: Proposed Agenda Item for August 1, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 1 City Council agenda, under consent agenda, for Council's consideration: Chance Order No. 2 for the Black Cat Lift Station Additional work is required for the completion of the Black Cat Lift Station. This change order consists of the following work, which is 2% of the original contract amount for the project. This makes the total changes from Change Order No. 1 and 2 equal to 3.62% of the original contract amount. A final change order will be issued within two months with a value of approximately $10,000: • Extension of the pressure sewer from the road to the Lift Station and the relocation of pressure irrigation line. • Substitution of the specified SofFit Material with appropriate material. • Addition of a concrete pad at the wet well entrance and replacement spare parts for the NPW Pumps. • Addition of a safety chain in the attic area of the wet well and grate covers at the penetrations in the attic floor. • Additional railing at the wet well inlet trough. • Increased thickness that was required for the EIFS foam. • Handrail in the pump access room and bollards to protect the gas meter. • Switches to monitor the seal water flow to the pumps. • Breaker for power to the overhead crane and rating the electrical control panel to be explosion proof. • Controls to allow boiler to read ambient temperatures and the fuel escalation for the project. JC Constructors, Inc. submitted a cost for this change order as summarized below: • JC Constructors, Inc. $50,497.54 • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Black Cat Lift Station with JC Constructors, Inc. for $50,497.54 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 2 • CHANGE ORDER N0.2 Pto~2 DATE OF ISSUANCE EFFECTIVE DATE OWNER Cifir of NAiarLrG~n Contract: Black C,a ,s-.! ENGINEER ENGINEER's Contract No. N/A You are directed to make tl~e following changes in the Contract L'~urrmnts: D~iptlon: This on4er its of the fdloyytng work • Extension of the Pressure sewer from the road to the Lift S~tlon and the relacaltorr of pressure Irrigatl~ line. • 3ubstituti~ of the specified Soffit Material whit appropriate mater~l. • Addition of a concrete p~f at the wet welt entrants and replacasrnent spare parts for the NPW Pumps. • Additlon of a safety chafnn in the attic area of the wet weU and date tx~vers at the penetratku-s M the attic tt~r. • Additional raBrgg at the wet weU inlet trough. ~ ~n ~ ~t ~ r~ulr~l for the EIFS t~tn. • Switches tom Ibor the seal water ~ m lire p m~ ~~ ~ ~ meter. • Breaker for power to the overhead sane and rating the eiectrtgl cxmtrol parrs! to t~ explosiar~ proof: • Control ro allow tmHer to read ambient temperatun~s anti ttm fug ~latlon for the project, Reason for Change Omer. Misoellaneous r~uests far grange were irtcorporat~ into the proj~. Attachments: {List documeras supportir~ change]: Estimates from JC Consbuclars, Inc. for eac~r of the requests for change. -~---- CHANGE tN CONTRACT PRICE: Original Contract price $ 256 .Q0 Net Increase {Decrease) from previous Change Orders No. 0 to ~; $ 42.4 .74 Contract Price prior to this Change Order. 2 607.429.74 Net increase (decrease] of this Change Order. $ 50.497 54 Contract Price with all approved Change Orders: 2.657.927.28 RECOMMENDED: ACCEPTED: By: ~o~, 8y. , . Clint Dolsby, Stall' ngineer Con CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completlon• Ready for firta! payment: (days or dates) Net orange from previous Change Orders No. ,_ to No. Substantial Completion: Ready for final paymenk (days) Contract Times prior to this Change Omer: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order. SubsKantial Completlon: Ready for final Payment: (~Ys) Contra Times with all approved Change Orders: Substantial Compiettom Ready for final payment: _ (days or dates) APPROVED: ATTEST: ~-: Tammy de Weerd, Mayor William G. Berg, Jr, City Clerk Date: ,~ ~ Date: • Approved by City Council: Date: Date: F-JCDC 191t?-8-8 (19~ Ed~~j Cons6u~ cations ~~~~ Documents Committee and en~rsed by The Assodated Qerteral Contractors of America and the JC Constructors 2a8-895-8788 p.z P~ CHANGE PRO~QSq~ !'~E'Qf,1EST' t.PftQfECT City of Meridian Black Cat Lift 3 -~RC~-~EC; r Nv. ~~o Proposal ~ Station. JC CONSTRUCTORS ~~ 1~ DESC~PTION OF CHANCE :~~-~~ncr tvo: 6•~PosA~. owrE Boditord torminated their z-F~' .lC acce Ar~sure sewer line 40' short of their contract termin$tion point. Pfd the additiional work to be aid The labor costa beyond the unit p as an add to the corrtr~tct block at the end of the ~ Pn~e for the worm was fqr removal and haul P 1~ left by Bodiford Cortstruotion. o~ of ttte thn~,~# A. FOR cr~E y~-RK QtR~c1'LY ~D gy.~ UNDERS(GntEp CoNTRAC7'aR 7. 15irat talwt h,/ labor trv~ ! q~ CeteN ~t'~oers and ) z. insurar-cae and Labor rm~es ~' Mat~+rtaus Wd ~ $ 252.12 t-~t and ssr, Qeteilea c 4. E4~PMVnt F.~ae~ mod. $ 57.68 $• ov¢r-~eaa & rse ~ ~s~6, $ 5, 038.00 T~ Ext~erdion $ 80217 ~alyd a wp~d~ $ B. For work to be A~,~'med by ~ `~ C~hs4TU+~ra proposal Goat $ ' ~. ~a~'S. per tarOPos.als ara detailed 6,149.99 ~~NTRAg71pR NAME ~rerAktlOwryS cATEGORy pp y~ - COUNT YIL SUBCQnrrRAOTpdz A4ADflN7' ~~~~ 8UQ m+~Pk ~TRACTORB ~N ON 70TAl, '$ ~~NTRACTORAA 5 PFp~• ra'rAL lluc~E 4i7 DECt~+sti OF' c~4cr p~ `(aa'~ .1C cpN~s~'RrJC'rpRs, qvc. ~RGC1i7R NR1uJE' RPb adyp~ ~°R~EDNAME ON pROpDSAL ~~~ S S/GMAT;lR[• ipg7g Page t, .iCC 11 ,IG Ccnstructars 2Q8-895-9788 .Change proposal Request # Date: 2-Feb-0B '14 Scope of clyange; Bodiford terminated their pressure sewer Line 40' short of their contract termination oint JC accepted the additiianai work to be paid as an add to the contract p The labor costs beYa~'1d the unit price for the work block at the end of the pipe left b God' was for removal and hau! off of the thrust 0 ~ rFortl Construction. LABOR an Ater/Operator H'orJrs 0-~' I~bor Rate w/Ercrtge $ 49.G8 rlcedpipe Ftt®r !-lours 4.00 Labor Rate wlFringe ~ 33.96 dGatp ~lpprentioe Hoass 0.00 Labor Rate wJFringe $ 39.81 Management ~+~ 4.04 Labor Rate wlFringe ~ 29 07 Flac~ts Q.00' Labvr R'2rte w/~'ringe S . 45,00 V4BOR COST$ INCL~UQiNG tA6 0R FR INGi:S A11r4TER1A~, aterial listed below or trorn attached de?a~ed ,material sheets - Additianal Cost t'or ,~ cost to install and supply per ~di~'ord coE~trad for '10'° Pipe ~ $23/If x 40 ft tt Cost #o rnstal! and suDP13' l~ BodaFord contract for Z 8" pipe . 537/!f x 40 ft and backf~1136^ b'@ncA S60/tf x 4QIf :~tl and stabilization material 25cys x $9.y - -_ "..~ •• ••••• o~r~ PCPCtIUded in at~wre matesiat cases. MATERIAL COTS FOR G!-1AN'GE CQRD~R EQU1Pl-IIENT Equipment Description ~ ~, Equipment pesc~ptir~n Est usage Rate Equipmen# Description ~ ~~ Rate Equipment Description ist Usage Rate _ ~quipmerrt Description Est Usage Rete 5 ui ment Detstxi tion Est Usages Rate 'OTAL EQUIPMENT CASTS FOR ERU Rate CHANGE ORD 0.00 135,84 0.00 116.28 0.00 252.12 o.oti 920.00 1480.00 2400.00 238.00 -~_ 5038.00 o.oo a.o4 0.00 0. DO O.Op 0-- 0~ 4.00 p.3 PagQ 1 CHANGE PR~~OSAl. REQI~EST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift ~~ '!5 Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE DESCRIPTION OF ~FIANGE s-Feb-o6 A Pressure Irrigation line at the east side of the excavation was not shown on the project documents. The Line had to be relocated. For future convenience two isolation valves where added. Thrust blocks where poured on both ends. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct Tabor w! labor fringes (Attach supporting detail estimates with rrran-hours and rates) $ 2. Insurance and Latmr Taxes 3. Materials w/ frgt and SST. Detailed quantities attached. $ 4. Equipment Expense $ 5. Overhead & Fee ~ 15% $ Time Extention Requested 0 working days JC Constructors Proposal Cost $ B. For work to lie performed by subcontractors, per proposals and detailed breakdowns I. iUBCONTRACTOR NAME CATEGORY OF WORK ...~ AL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH8P}; (TRACTORS COMMISSION ON TOTAL SUBCONTRACTCR AMOUNT ~ 5 PERCENT: CONTRACTORS BOND COST ~ 5.018/1000 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+BS) JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRfNTED NAME ON PROPOSAL $ $ SfGNATURE/DATE 2,265.61 602.06 1, 282.20 960.00 622.48 5, 732.35 103.18 5, 835.54 Page 1, JCC JC CONSTRUCTORS, INC. . Change Proposal Request # 15 Date: 6-Feb-06 Scope of change: A Pressure Irrigation line at the east side of the excavation was not shown on the project documents The fine had to be relocated. For future convenience two isolation valves where added . . Thrust blocks wher.~ poured on both ends. 0 0 LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.68 0.00 Carpenter/Operator Hours a.aa Labor Rate w/Fringe $ 33.96 0.00 Ironworker/Pipe Fitter Hours 71.00 Labor Rate wlFringe $ 31.91 2265.61 Laborer/Carp Apprentice Hours 0.00 Labor Rate w/Fringe $ 28.07 0 QO Project Management Hours 0.00 Labor Rate wlFringe $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 2265.61 MATERIAL Material listed below or firom attached detailed material sheets - 0.00 Additional Cost for 2 ea 6" gate valves $388/ea 776.00 200 psi pipe $4.14/If x 40 If 331.20 Concrete thrust blocks 2cys 150.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 25.00 Frei ht from vendor to 'ob site if not already included in above material t cos s. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 1282.20 EQUIPMENT Equipment Description Sackhoe Est Usage 20 Rate 48 960.00 Equipment Description Est Usage Rate 0.0Q Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 E ui ment Descri tion Est Usa a Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 960.00 Page 1 • . CHANGE PRQPOSAL REQtdEST 1.PROJECT 2.COhtTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Ca# Lift ~~ 16 Station. JC CONSTRUCTORS ' S.CONTRACT IdO: 6.PROPOSAL DATE DESCRIPTION OF CHANGE 6-Feb-46 The soffi# material specified was not stable given the underlying framing support. 3/4 of the soffit material and vent were installed before it was determined the material would not work. The soffit material was swi#ched to 112" AC plywood. Since the original soffit material was destroyed during removal there is only a material deduct for the 6 sheets of soffit board not used. Labor for the reinstallation is Limited to the 314 of the cost for the reinstallaion of the entire soffit area. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours an<f rates) $ 2. Insurance and Labor Taxes ~ - 8. Materials w/ frgt and SST. Detailed quantities attached. - 4. Equipment Expense - 5. Overhead & Fee @ 15% ~ Time Eztention Requested 0 WOf{Clrlq dHVS JC Constructors Proposal Cost $ 8. For work to be performed by subcontractors, per proposals and detailed breakdowns ~. SUBCONTRACTOR NAME CATEGORY OF WORK ,,,~ SUBCONTRACTOR AMOUNT (INCLUDING SUB. ON TOTAL SUBCONTRACTOR AMOUNT CONTRACTORS BOND COST ~ 5.018/1000 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - {A8+g5) JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE 2,127.26 486.79 1, 038.00 750.00 547.81 89.10 038.96 Page 1, JCC JC CQNSTRUCTORS, (NC. _ Change Proposal Request # ~~ Date: 6-Feb-06 Scope of change: The soffiit material specified was not stable given the underlying framing support. 3/4 of the soffiit material and vent were installed before it was determined the material would not work. The soffit material was switched to 1/2" AC plywood. Since the original soffit material was destroyed during removal there is anly a material deduct for the 6 sheets of soffit board not used. Labor for the reinstallation is limited to the 3/4 of the cost for the reinstallaion of the entire soffit area. LABOR Foreman Hours 0.00 Carpenter/Operator Hours 33.75 Ironworker/Pipe Fitter Hours 0.00 Laborer/Carp Apprentice Hours 33.75 Project Management Hours 0.00 Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate w/Fringe Labor Rate w{Fringe Labor Rate w/Fringe $ 41.88 $ 33.96 $ 31.91 $ 28.07 $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES MATERIAL !Material listed below or from attached detailed material sheets - Additional Cost for 33 sheets of AC Plywood and vent Deduct for returned soffit board at 6 x $21.25 Other direct material not specifically included in detailed take-off - Consumables, etc. Freight from vendor to jab site if not already included in above material costs TOTAL MATERIAL COSTS FOR CHANGE ORDER EQUIPMEruT Equipment Description snorkel lift Est Usage 3 Rate Equipment Description Est Usage Rate Equipment Description Est Usage Rats Equipment Description Est Usage Rate quipment Description Est Usage Rate .quipment Description Est Usage Rate TOTAL EQUIPMENT COSTS FOR CHANGE ORDER Page 1 .250 1146.15 0.00 981.11 0.00 2127.26 0.00 1153.50 -127.50 0.00 12.00 0.00 1038.00 750.00 0.00 0.00 0.00 0.00 0.00 750.00 CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal # City of Meridian Black Cat Lift 14a 7 7 Station. JC CONSTRUCTORS 5_CONTRACT NO: 6.PROPOSAL DATE DESCRIPTION OF C~fANGE Add concrete pad "at north side of building at Wetwell entrance. 15-Feb-06 COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor wl Iabor finges (Attach supporting detail estimates with man-hours and rates) 2. Insurance and Labor Taxes 3. Materials w! frgt and SST. Detailed quantities attached- 4. Equipment Expense $ $ $ $ 1, 997.94 458.54 592.90 - 5. Overhead & Fee @ 15% $ 457.41 Time Extention Requested 0 worlcina days JC Constructors Proposal Cast $ $ - 3,506.79 B. For work to be perforrmed by subcontractors, per Proposals and detailed breakdowns ~. SUBCONTRACTOR NAME CATEGORY OF bVORK AMOUNT Z TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): 3 - CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT $ - CONTRACTORS BOND COST ~ 5.018!1000 _ $ 63.12 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRiCH - (A8+B5} ~ 3, 569.91 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC JC CONSTRUCTORS, INC. - Change Proposal Request # '17 Date; 15-Feb-06 Scope of change: Add concrete pad at north side of building at Wetwell entrance. 0 0 Q 0 LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.68 0.00 Carpenter/Operator Hours 40.00 Labor Rate wlFringe $ 33.96. 1358.40 IronworkerlPipe Fitter Hours 0.00 Labor Rate w/Fringe $ 31.91 0.00 Laborer/Carp Apprentice Hours 22.00 Labor Rate wlFringe $ 29.07 639.54 Project Management Hours 0.00 Labor Rate w/Fringe $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 1997 g4 MATERIAL Material listed below or from attached detailed material sheets - 592.90 Additional Cost for 0.00 0.00 0.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 0.00 Frei ht from vendor to job site if not alread included in above material costs. Q,00 TOTAL MATERIAL GOSTS FOR CHANGE ORDER 592.90 EQUIPMEi~T Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.0Q Equipment Description Est Usage Rate 0,0Q Equipment Description Est Usage Rate 0_Q0 Equipment Description Est Usage Rats 0.00 E ui ment Descri tion Est Usa e Rate Q_00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0 00 Page 1 ~ ~ Jl: LV~~ 1 KUGT06ZS, lNG. _ Change Proposal Request # 17 Date. 15-Feb-0S Scope of change: Add concrete pad at north side of building at Wetweli entrance. 0 0 4 0 Description Quantity Unit Labor Material HrsNnit Hours $/Unit Cost LABOR Fine rade and re turndown 167.00 sf 0.03 4.18 0.0Q Drill and a dowels 12.00 ea 0.33 3.96 6.00 72.00 Mesh 167.00 sf 0.01 1.67 0.70 116.90 Ed a form 38.00 sf 1.00 .38.00 2.00 76.00 Concrete our and finish 4.00 c s 3.50 14.00 82.00 328.00 0.00 0.00 0•~ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 a.oo o.oo o.oa o.0a o.oo o.oo o.oo o.ao o.oo o.oo o.oo o.ao Hours 61.81 Mat'1 592.90 Page 1 JC Cohstruc'Cars 2Q8-895-9788 p. z CHANGE PROF~OSAL REQUEST" City of Meridian l3lack Gat l,.ift Sao ~ g Station. JC CpNSTRUCTQRS . 5•CONTRACT Imo: 6.PROpOSAL DATE DiwSGF~IP'f`iON OF CHANGE z3-~e~,os The lVPW pumps do hot haue bearings and seats. The entire bottom of the pump is replaceable. The City has asked for a proposal to supply a spare for fuhtre replacement FOR CHANfiE WORK DQiECTLY PERFORMED SY ~~ CONTRACTOR 1. Direct taNOr wJ iaDOr fringes (Attach supDoRittp ttaRmit sst[trwwtss with man-Na-ra and razor} 2.1r~urartce and Labor Taxas 3. Msberislg wl frgl~ and SST. Detailed querdihps at~dta4 4. Equipment E~erese i. Overhoad & f=oA ~ Z5% Ttme >JtQer-tion R~aquested 0 working days .IC Constructors Proposal Cost p. For rrprk to be perfvrn,ed tfy sots, Per Protwsals and 4etA0ed bra+akdowne ~. St1e3COWTR/ICTOR w~wtE CATEGORY ar• WoRK - acv N71iACTgRS 60AU] C.pYa't @ S Otiytpp0 TOTAL NVCi2EASE OR DECRSr115E OP CONTRACT PRICE _ (A8+t3S) JO CDNSTRUCTORS~ BVC. +~~AG~NAIV~ RoD Guyon PRlNT£O AMC ONOROPiOSAL. S/GAIATI/!~/OA7E Page 1, JGC 41.! 7 9.53 t,104.64 JC Constructors ZOg_8g5_5788 p.3 Feb 20 2005 4s58PM ~onstructQrs, Inc. 2R~~5-$iQ5 p,.i___ n2t2pt2doB o4:5a Fix 2oBaQ26 PACIPrC-FpOIP~tEkSALES_~~, I~.co~l~o1 ~AlC C~V~I~ SHE~i'' ~"/"1~1~~~ ~'QV !1'" IYf Lf V~ 4Q$ 3~. SI South. Narnpo~. Id. 8345) P~r~ Z08-+4.4Z-~Q7 fpx~ 208-d42~4Tb Sara rte: ~ F 3rnr- b6e Fox f .~-- '$ Cp Dote' - 2p - Q D Ur~nt ~ ~-`P$~ ASAP tZ Pkrase com~r+ent ,~' Pbosr R~r-few L'~ For yaWr Rhfo7nat~an T] F'k,to C~dsr Totai pD~~ss, 6'-Gttttffrtfl taree; _ ~ _._ ~~ ao~aa~-a~oT ~cxr~r,r - ewrtcil +~ -(~nwe neat JC Constructors 208-895-9788 R~4 JC CONSTRUCTORS, [NC. Change Proposal Request # 18 Date: 23-Feb-06 S~ape of change: The NPW pumps dA rtot have bearings and seals. The entire bottom of the pump is replaceable. The City has asked for a proposal to supply a spare for future replacement. 0 0 0 LAi30R Foremen Hours 0:00 Labor RatE wtFringe $ 41.68 0.00 CarpenteNOperator Hours 0.00 Labor Rate w/Fringe $ 33.96 0.00 iranworkerlPipe FittFx Hours 0.00 Labor Rate wlFringe $ 31.91 O,pO Laborer/Carp Apprentice Hours 0.00 Labor Rate w/Fri e ng $ 29.07 0.00 Project Management Hours 0.00 Labor Rgte vuEFringe $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 0.00 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Additional Cost for Supply of pump replacement bottom Egg 57 0.00 0.00 Other direct material not speciT~lly included in Qetailed take~f! - Coesumables, etc. ~ 0,00 Frei ht from vendor to 'ob she if not alreaC included in above material costs. 45.00 'TOTAL MAi'ERIALCOSTS FOR CHANGE ORDER ggS_57 EQUIPMENT Equipment Description Est Usage Rate O,pO Equipment laesrxiption Est Usage Rafe Q_00 Equipment Description - Est Usage Rate 0,00 Equipment QesGription _ Esi Usage Rate _ 0.00 Equipment Description Est Usage Rate 0,00 E ui rnent Descri Lion Est Ilse a Rate 0.00 TOTAL EQUIPMENT COSTS F'Ol~ CHANGE ORDER 0,00 Wage 1 -- CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change Proposal ~ City of Meridian Black Cat Lift ~~ 19 Station. JC CONSTRUCTORS ' S.CONTRACT NO: 6.PROPOSAL DATE DESCRIPTION O~ C~iANGE 27-~eb-og At the Cities request JC added a safety chain at the attic area of the wetwell and aluminum grate covers at the penetrations in the attic floor. COST SUMMARY A FOR CHANQE WORK DIRECTLY PERFORMED i31f THE UNDERSI<3NED CONTRACTOR 1. Direct labor wt labor finger. (Attach supporting dotal estimates with man-hours and rates) 2. Insurance artd Labor Taxes - - ----- - - 3. Materials w/ frgt and SST. Detailed quantifies attached - -- - -- --------- 4. Equipment Expense $ 287.19 $ 76.32 - $ 375.00 $ - s. Overhead & Fee @ 1s% $ 110.78 Time Extention Requested 0 WOfkitia daVS JC Constructors proposal Cost $ 849 2S t3. For work to be performed by subcontractors, per proposals and detailed breakdowns ~. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBPi: 3 $ - CONTRACTORSCOMMISSION ONTOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ - coNrRACroRS BOND CasT t$ so~anooo $ 15.29 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+6li) $ 864.57 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob (3uyott PRINTED NAME ON PROPOSAL S/GNATL97E/DATE Page 1, JCC ~ ~ JC CONSTRUCTORS, INC. - Change Proposal Request # 19 Date: 27-Feb-o6 Scope of change; At the Cities request JC added a safety chain at the attic area of the wetwell and aluminum grate covers at the penetrations in the attic floor. 0 - 0 0 LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.68 0.00 Carpenter/Operator Hours 0.00 Labor Rate w/Fringe $ 33.96 0.00 tronworker/Pipe Fitter Hours 9.00 Labor Rate w/Fringe $ 31.91 287.19 Laborer/Carp Apprentice Hours 0.00 Labor-Rate w/Fringe $ 29.07 0.00 Project Management Hours 0.00 Labor Rate w/Fringe $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 287 19 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Additional Cost for Misc steel gratings rail etc. 325.00 0.00 0.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 50.00 Frei ht from vendor to 'ob site if not already included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 375.00 EQUIPMENT Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 E ui ment Descri tion Est Usa a Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0.00 Page 1 JOB NO. 140 -Black Cat lift station WEEKLY TIMECARDS ~ Z _ 25~~c WEEK ENDING: S M T W T F^ ~ S CODE TOTAL _ 0 dVES 0 0 G 0 0 0 tYWALL 0 0 I 0 .C 0 0 0 I AILS ~ 0 0 ~ ~ ' ' 0 I 0 I ~ I 0 i I i 0 ~ i ' I ~ ~ ~ I I I 0 I 71000.45 INSTALL SCRUBBER i ~ ~ I ' ' 01 11000.47 INSTALL VALVES AT VAULT 1:2 ~ ~ ~ i ~ ~ 15000.40 INSTALL SL;DE GATES ! i 75000.42 INSTALL DUCTILE ~ SPECIAL STRUCTURE ~ ~ I ~ ' ~ I ' ~ 7~ 15000.43 LEAK TEST PIPE SYSYEMS ~ ~ ' ~ ~ 01 ~ 16000.31 ELECTRICAL ALLOWANCE ~ I ~ 30000.41 I MAINTAIN EQUIPMENT `SMALL TCCL~ I -~OOC0.41 ISET-UP YARD 50000.41 WEEKLY CLEANUP ' ' i ~ I 50000.42 FlNAL CLEANING I I I 9' Q ,d ctal I l `~'l~~r`~': ~~ /~.:«~,~~.z,L GAS,/IL` l ~ 5K~(~~ y ~~f c~r:; tla / - - - --- LavJ c e r ~ #"ect-t- 3 des - y ~ 3 w1uj~~ ~~-_- ~ ~e~ !~ ` - 3 ~ 3 ~}~~~iz ~5 I i ~:I 7~ ~ ~ ~ a i i ~ ~I .~ ' ~ti ~ , i 9 -- ~ 3~~ L--~~ 3oit5 ,~ CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT td0. Change Proposal d City of Meridian Black Cat Lift ~~ 20 Station. JC CONSTRUCTORS S.CONTRACT NO: B.PROPOSAL DATE DESCRIPTION OF CHANGE Z9-Mar-06 Add additional railing at the wetwell inlet trough. COST SUMMARY A. FOR CHANGE WORK DIRECTi_Y PERFORMED BY THE UNDERSItiNED CONTRACTOR 1. Direct labor wi labor fringes (Attach supporting detail estimates with man-hoius and rates) 2. insurance and tabor Taxes 3. Materials w/ frgt and SST. Detailed quarrtitles attached. 4. Equipment Expense 5.Overhead & Fee ~ 15% $ $ $ $ $ 635.34 167.57 675.60 340.00 221.78 $ - Tbrre Exterdion Requested 0 vrorkina days .IC Corratauctors Proposal Cost $ 2,040.29 B. For work to be performed by subcontractors, per proposals and detaged breakdowns ~. SUBCONTRACTOR NAME CATEGORYOR WORK AMOUNT TOTAL 8U!BCONTR/UCTORAMOUNT pNCLUOINfiSUB. QHBP$ 3 $ - CON7'RACTORa WMMI3810N OrV TOTAL 9tJBCONTRACTOR AMOUNT @ 8 PERCENT: $ coNTRACroRS BoNO cosT rk sotsnooo $ 36.73 C. TOTAL 111~REASE OR DECREASE OF CONTRACT F7ECE - pltt+66) $ 2,077.01 JC CONSTRUCTORS. INC. GONTRACTORIWIlB Wob Quyott ~unrrEnwu~onra~osaL SrmvnTt~vwTt: Page 1, JCC ~c coNSTRUCTORS, INC. Change Proposal Request # 20 Hate: zs-Maros Scope of change: Add additional railing at the wetwell inlet trough. 0 0 0 0 LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.68 0.00 Carpenter/Operator Hours 0.00 Labor Rate w/Fringe $ 33.96 0.00 Ironworker/Pipe Fitter Hours 18.50 Labor Rate w/Fringe $ 31.91 590.34 Laborer/Carp Apprentice Hours 0.00 Labor Rate w/Fringe $ 29.07 0.00 Project Management Hours 1.00 Labor Rate w/Fringe $ 45.00 45.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES B35 34 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Additional Cost for SS pipe and 90's 441.89 5S Anchors - 21.53 SS flat stock 137.18 Other direct material not specifically included in detailed take-off - Consumables, etc. 75,00 Frei ht from vendor to 'ob site if not airead included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 675.60 EQUIPMENT Equipment Description welding truck Est Usage 4 Rate 85 340,pp Equipment Description Est Usage Rate 0,00 Equipment Descripfion Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 E ui menf Descri tion Est Usa a Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 340.00 Page 1 ,NI ~J ~ Metal Supermazkets Metal c~o~e) 377 North Fine M1e Road ®Supermarkets® B~e.ID83713 Tel: (208) 327-3538 The Convenience Stores of the Metal Industry"" Faz: (208) 327-3573 s s ~ ... . _ .. D - p T T O O INVOICE lNVOtCE DATE ~WVOICE NO. PAGE _..... _ ..._ ..,:J:... .. .. ._ 1_~...~~.. .. .. .. ,, _ PURCHASE ORDER NO. PURCHASE ORDER DATE OUR ORDER NO. REP. CITY TA% STATE TAX TER613 DATE SHS~PED SHIP W- DELNERT TERb13 NO.OF PACKAGES DUANTRY PRODUCE CODE DBSCRUTION UNR PRICE TOTAL ORDERED SHIPPED _ ... .. ._ .. .... _ .. '1_ ... 1. - . 'j-. ... ~.' .'.:~' . - ... "! V _~. ~~ ... _. _. i3®.~ . _... .... _... _ .,.. (~..5 3 _..: 1'.: ~ :~`1 Cam[ .:5. -. _._. ... .... ....1:.. -.. A• ' ~~ '/ ~ ~' y~fi0 ~ .' L~= •~ ~~ _.. .~~~. z~ / . ~ ~ /~ ~ . WHITE-INVOICE •YELLOW-OFFICE • PINK-PACIOIVGSUP J~L2,-~ ~' / SIGNATURE / V/OZ.1. -a v n .` `~. N --~ w~ _~ 01 ~ r ~ ~ KKK ~ /M E W '. .. ~' ~~ ` ~1-- ~~ --~---- 4_ i i J~ f , ~:J zr: - ;~ ;:~ i ,~ , ~ ! :: i^' { ~' a i,~~ - - 1 H-' In. . - t~ - !." ~ , i :. l .._ t- ~t Nz a C r Q1 x ,~ f~ ~- \ a 1 n '" 9 i~a , ~ ' ~ ~ L ,. ~ ~ ,u~ j i.~: ~_, F~ r ~_: .. fi r`( lr.; 'l : ~_ L . ' ` ... 'r~'- ~;- k ~~ ~ ~ - : ~ . 1. ~~ ',_. C. ~ - - - i i ` L. ~ y. .. - -- _ _ ~_ w Z' .. ~1 ~ LL' i--_ ~: . ~ i ... ' . ~ ' ~ 11 : ~ 1^ )) . . _ i- . 1. - _ • ~^ ~ ~..-. 1 ..: ~. N tTi ~..) !n •~ ~ ' U~ ~.at Y - ~ ~ ~ ! ~ m F U~ Cr~ N O O +~ J - O 4! --~ • N W ~c LD , • iL E _ r~^ ~.-~ U ~ ~ ~4- ~ lV \ •S ~~ ` ~~ ~1 (t~~ ~~_ ii~~ 1 ly {~ J .~.__ ~ 17 a J y ,,, ~• .+ ' . C II~ •^~ ALL INVOICES UNPAID 30 DAYS AFTER STATEME TE ARE SUBJECT TO A FREIGHT CHAR6E3 FINANCE.CHARGEbF 1.75% PER MONTH (ANNI~ERCENTAGE RATE OF 21%) OR A MINIMUM OF 50' ON THE BALANCE PAST DUE. DEUVERV CHARGES S o N O R C 0 I N C enlsc. cHARCEs 0 2070 CEidTtiRY WAti' b0I'c~5 IU 8370 a !20g; 375-ri150 Y H ?C I~nld; TR:iCTCR:+. I,~'tr P ~:'~ ORDER DATE COST CUSTOMER NAME W JO. ITEM NUMBER o ITEM DESCRIPTION ,,..,,: ~,1; ~~. { Tlorco Serves You Better' xAw oFF~ orco ~~ IlVG•SAF(;TY•MEDICAL r a s~u~ . i;CIG5J3f~5'S L P:0 NUMBER TERR SALES BR4NCH SHIPPED VIA UPS RLONE COL PPD PAGE UNIT OF OTY QTY. / , , h "I k~;?;F~; UNIT EXTENDED MEASURE ORDERED SHIPPED v : ~~ AMOUNT AMOUNT :. ~ ... ; 2~.~ 26.5® ..~.:~~- ~~- 21.53 IMPORTANT: THIS IS YOUR ONLY WARNING: All cylinder gases are classified as 20NEi F'~R PROOF OF CYLINDERS RETURNED. This is to certify that the above namedmaterials . hazardous materials by the U.S, DOT regulations. Do not store or tr rt c li r s in d a f ned o il e o . are'properly classified, described, packaged, marked, and labeled, and are in proper ' condition for transportation according to the anspo y g i , n e se con r unv nt ated areas. N rco del'ryers cylinder gases only to the platform of their loading .dock and. Norco vehicles. Customer hereby confirms the;assumption of all res onsibilit for movement and placement of c linder gases PACKEF applicable,regulations of the Department of Transportation. ~ ° p y y on removal from platform of loading dodo or-Norco vehicles; custortiIDi pcrtEes to rxE rex~s tum contomoNS oN sa'rf- stems of nus ttttlaicr vase ca~uuar. ., ` zoNE a FILLER y _, r ` ~~ PACKED REC BY CUSTOMER WEIGHT ~ ' ° ~ ~ Daily Field Work Orde JC Constructors, Inc. Project Name: ~~~~rFg-~: J.~~-~S•~i~ior-~ Job #: Date of work: - r ~ ~. _ Company authorizing additional work: Description of work performed: ~ ~ ~. ,~ e a I Labor °ec'd: i ara ~r - -- - i ~?1C~OVe° i~~a!%e ''J~%Cf',< ~ ~CS~ °..:.C~ = --_ - -_ - _ - -c~ .ti ndlo~ i ~~ - a..r;: I ~y - - I- I "" 2 ~i ~ c~- I 1 I ' 7 I I •~ I I I I ~ I I I I I ~ I i I I ' I I Materials Usec: Total L?bor: i Date cf Material Supplier / Description ~ Invoice Ccst Code ~ i;later:~i ! Quartitd i Unit -rice i ,' Ct21S ~ ,~ v P o.. I EA. ~ ~~ ~9G°G ~ 3 ~O ~~ ~ - ~tIL Si fined: ~/ T®tal Material: Ttde: Date: ,3 ° 9•= Q Ineoice Total: _. A ~~ • • CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Chan a Pr 9 oposal # City of Meridian Black Cat Lift 140 21 Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE DESCRIPTION OF CHANGE 17-A r-06 Increase the thickness of the EIFS foam. The specified 1"thickness was not adequate for the 3/4" deep accent grooves. The owner directed JC to increase the depth of the insulation layerto 1 1/2 inches. The costs are for supply only of the difference in cost from 1" to 1 1!2" foam.. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSK3NED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) $ _ 2. Insurance and Labor Taxes $ _ 3. Materials w/ frgt and SST. Detailed quantities attached. 4. Equipment Expense $ 1, 008.00 ~ _ 5. Overhead 8 Fee ~ 15% $ 151.20 $ _ Time Extention Requested 0 working days JC Constructors Proposal Cost $ 1,159.20 B. For work to be performed by subcontractors, per proposals and detailed breakdowns ~. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 70TAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): 3 $ - CONTRACTORSCOMMISSION ON TOTAL. SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ - CONTRACTORS BOND COST ~ $,018H000 $ ZO 87 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+g$) $ 1,180.07 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAIVE ON PROPOSAL SIGNATURE/DAZE Page 1, JCC • JC Ct~NSTRUCTQRS, INC. Change Proposal Request # 21 Date: 17-Apr-06 Scope of change: Increase the thickness of the EIFS foam. The specified 1"thickness was not adequate for the 3/4" deep accent grooves. The owner directed JC to increase the depth of the insulation layer to 1 1/2 inches. The costs are for supply only of the difference in cost from 1" to 1 1/2" foam.. 0 0 LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.68 0.00 Carpenter/Operator Hours 0.00 Labor Rate w/Fringe $ 33.96 0.00 Ironworker/Pipe Fitter Hours 0.00 Labor Rate w/Fringe $ 31.91 0.00 Laborer/Carp Apprentice Hours 0.00 Labor Rate w/Fringe $ 29.07 0.00 Project Management Hours 0.00 Labor Rate w/Fringe $ 45.00 0.00 (TOTAL LABOR COSTS INCLUDING LABOR FRINGES 0.00 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Additional Cost for Additional 1/2" of foam insulation. $.80/sf x 1260 sf 1008.00 0.00 0.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 0.00 Frei ht from vendor to 'ob site if not alread included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 1008.00 EQUIPMENT Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 E ui ment Descri tion Est Usa a Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0.00 Page 1 ~ ~ CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. City of Meridian Black Cat Lift 140 Station. JC CONSTRUCTORS S.CONTRACT NO: DESCRIPTION OF CHANGE Add handrail at floor door at the pump access room COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR Change Proposal # 22 6.PROPOSAL DATE 1-Jun-06 1. Direct labor w! labor fringes (Attach supporting detail estimates with man-hours and rates) - $ 2. Insurance and Labor Taxes $ '3. Materials w/ frgt and SST. Detailed quantities attached. $ ~. Equipment Expense $ 5. Overhead & Fee Cr. 15% $ Time Extention Requested 0 working days JC Constructors Proposal Cost $ ~B. For work to be performed by subcontractors, per proposals and detailed breakdowns SUBCONTRACTOR NAME CATEGORY OF WORK Wool 1,148.76 305.27 570.00 900.00 303.60 3.227.64 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHSPj: $ 3 - CONTRACTORSCOMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ - CONTRACTORS BOND COST ~ $.018!1000 $ 58.10 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5j 3, 285.73 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC I~ • JC CONSTRUCTORS, INC, • Change Proposal Request # 22 Date: 1-Jun-06 Scope of change: Add handrail at floor door at the pump access room 0 0 0 0 LABOR Foreman Carpenter/Operator Ironworker/Pipe Fitter Laborer/Carp Apprentice Project Management Hours Hours Hours Hours Hours 0.00 0.00 36.00 0.00 0.00 Labor Rate w/Fringe Labor Rate wlFringe Labor Rate w/Fringe Labor Rate wlFringe Labor Rate w/Fringe $ 3 S $ $ 41.68 33.96 31 91 29 07 45.00 0.00 0.00 1148.76 0.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 1148.76 MATERIAL M • aterial listed below or from attached detailed material sheets - Additional Cost for 0.00 Handrail material (see recap) 570.00 0.00 Other direct material not specifically included in detailed take-off - Consumables etc 0.00 , . Frei ht from vendor to "ob site if not alread included in above material costs 0.00 . TOTAL 0.00 MATERIAL COSTS FOR CHANGE ORDER 570.00 EQUIPMENT E quipment Description Welders truck Est Usage 12 Rate Equipment Description $75 900.00 Est Usage Rate 0 00 Equipment Description Est Usage Rate . Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 E ui ment Descri tion Est Usa e Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0.00 900.00 • Page 1 Daily Field Work Order JC Constructors, Inc. Project Name: }~~~ ~'~;~,-~ ~~F~ ~~-«.-~,d,~' Job #: ~~,p Date of work: ~ -,,,~~ _ ~ ~~, Company authorizing additional work: Description of work performed: ~'aA; ,~~,.~~; <;,,,~ ';~;<,~-~ati' `4F~-4,! a.i~„~1; a Labor Re 'd: Date of Em to ee's Name Work Cost Code Rate Hours Total Cost -.. l _. ~ y .,. b~: (t ~.L - ~ $ ~~ iV~ ~ ~ Ly J~~ $ - Q W - $ - $ - Total Labor: $ - Materials and a ui ment Used: Date of Material Item Descri tion Invoice Cost Code Quanti Unit Price Totals d' ~~ ~5 ~.~.r ~ ~ ~® ~. ~'- o~ 1 Y~ J t1 c~ - ..i C ° G,} ' ~ .~ - $ ,~ t ~ t-{ N~ ~ L~~ ~ ~ $ - y ~a6 i ~ ~ ~ ~ $ ~? U 9 1 1' $ - ~ ~.., $ ~ - $ - $ ® - $ - --AA ~,~,,gy~. ~G/~V~ wl`w~ $ ~VV - $ ~ - Signed: Total Mat'I/Equip: -~ itle: PM Date: ~' =~a~ ~~ Invoice Total: $ - ~ ~ CHANGE PROPOSAL REQUEST • • 1.PROJECT Cit of Meridian Black Cat Lift 2.CONTRACTOR 3.PROJECT NO. 14fl Change proposal # 23 y Station. JC CONSTRUCTORS 5.CONTRACT NO: 6.PROPOSAL DATE 1-Jun-06 DESCRIPTION OF CHANGE Add Bollards to protect NPW vent and gas meter. COST SUMMARY A. FOR CHANC3E WORK DIRECTLY PERFORMED BY THE UNDERSIt3NED CONTRACTOR 1. Direct labor w! labor fringes {Attach supporting detail estimates with man-hours and rates) $ 1,241.00 2. Insurance and Labor Taxes $ 195.75 3. Materials w/ frgt and SST. Detailed quarr<ities attached. $ 416.20 4. Equipment Expense $ 325.00 5. Overhead & Fee ~ 15% $ 277.94 $ - Time Extentwn Requested 0 working day$ JC Constructors Proposal Cost $ 2,455.89 B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ - 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT (~ 5 PERCENT: $ - CONTRACTORS BOND COST ~ $.01811000 $ 44.21 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5j $ 2, 500.10 JC CONSTRUCTORS, INC. CONTRACTOR P1AME Rob Ouy~ PWN7'Et7 RIAME OAt PROPOSAL SiGNAATlfRE/DATE Page 1, JCC ~ ~ • • • JC CONSTRUCTORS, INC. Change Proposal Request # 23 Date: 1-Jun-06 Scope of change: Add Bollards to protect NPW vent and gas meter. IJ 0 0 0 LABOR Foreman Hours 6.00 Labor Rate w/Fringe $ 61.50 369.00 Carpenter/Operator Hours 0.00 Labor Rate w/Fringe $ 33.96 0.00 Ironworker/Pipe Fitter Hours 0.00 Labor Rate w/Fringe $ 31.91 0.00 Laborer/Carp Apprentice Hours 20.00 Labor Rate w/Fringe $ 43.60 872.00 Project Management Hours 0.00 Labor Rate wlFringe $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 1241.00 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Additional Cost for Trailer Haul Concrete 294.00 CCS Sonna Tube 47.20 Steel Bollards 50.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 25.00 Freight from vendor to "ob site if not alread included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 416.20 EQUIPMENT Equipment Description Back Hoe Est Usage 1 Rate $325 325.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 E ui ment Descri tion Est Usa a Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 325.00 Page 1 • • ~ 5 ", ~---~. oncrete SnppHes • Stepping Stones Parking Blocks ~ Ptcnic Tables 685 W. Broadway Meridian Idaho 83642 r ~ _.' ~ __ No. 56~~ Trailer No. Hitch No. Ball -~-' Auto, Make A Year Deposit (208) 888-1617 ~e.a , . ~ - ~ • (' . ~ Name c~~i ~~It 5•lZ ~~ ~~~ ~ ~ tt f ~~(/~f'^"~ ~ V~ 1 r ~~ ~`~jS E. ~. 4. ~ ~s~ ~- S~ ~`k"G' ~~ ~. E . F" Address QUANTITY DESCRIPTION PRICE AMOUNT Yds r. Concrete - ~ ,. ,~ _ ~ ~ Rental . . D Ttme Out TOTAL Sales..Ta Time to This Sale • If the equipment is not properly cleaned after use, lessee agn3es to pay a $25.00 deaning charge.' If the equipment is used more than 2 hours, a fee of $10.00 per hour will be charged. The lessee acknowledges that the above equipment has been delivered to his custody and control far his own use and in consideration he agn3es to pay the rental charge and sign this agreement The Lessee further agrees not to salt, loan, sublet or mortgage the leased equipment, and to return the same in as goad condition as when•received. The lessee acknowledges that he has inspected said trafier, trailer hitch and safety drain, and the other items of equipment, that he has found the trailer and hookup safe and secure and the other equipment serviceable and he arxepts same agreeing to assume all responsibility for said leased equipment while it is in his custody. The lessee further agrees to indemnify and save the above com- pant harmless from any fiabitity, calm or expens~aris'm~g fro~i ~ ~duequipm nt is in his is odyn or property ar to the other persons or propergr as a proximate result of its being in his custody. In the event of anY accident, the lessee agrees to make a written report to the above company. ' The lessee agrees to comply with all laws of the State covering the use of trailers, to travel within the speed limit, and to assume all responsibility for fire, theft, confiscation, conversion and all citations and penalties incurred against said trailer while in his possession. Signature %' A License No: -~ Phone 1' 184!~Commercial S~ . ~ 101 South Mis St. 4050 Black Oak Drive Meridian, Idaho 83642 -:McCall, Idaho 8 638 Hailey, Idaho 83333 Ph: (208) 888-5600 Ph: (208) 634-2277 Ph: (208) 788-4680 CONCRETE Fax: (208) 884-0777 Fax: (208) .634-2211 Fax: (208) 788-4685 CONSTRUCTION SUPPLY ~ ~ ~ INVOICE ~~~~~~ CCT. NO. ~~ Gt?tb~TRU~'TOR~ SOLD TO J~' ~~LtdSTRiJCTf~R~ IrIC -- SHIP TO NIERIDIA.fid fr~iS';'u &+TttTER T~P`d ii?i:c, 13175 r, ~`?L[3P'~`~. P.D P3 ~7F U~TIrI~' ~!•7'fTli°~ ~~ .-. JLRDTG .' 2 ,~~.~; 1~~T 10TH ~'I~~r 5~' lZ~~r]QE~ 'Z.~t ~ ~ • ~ ~ lso~o v~~ cx~r~E~ aTRIP Trd~OD 3/4" 1~ls3oo3 ~ 0.1~ ' 1., ~0~.017 ~. 8 - , LFa` Ct~L[3Nt1'I TvB~ 34" ,L__._ :<.ryo l 33Qp_ 3a s . grJ ~~ .2~ . ~ s; ~ p ~. -. ~ _ ~•~r { F~ ~ ~~ ~ ~__~_ ~ ~ ~ ~ . •, ~ _ a .. J ~, r, ~~ ,~ . Y,:~. ~G - _ - ~. ~ .. _ ~. ~ y~1 ', "~\ ~~ TERMS: Net'due on itfttt of rtonth.fallbwing purchase.: _,,, A monthly f+nan~t charge,wflf be triads at the rate of 1~Jz% per month on ali balances over thirty days. We reserve the right to access a restock charge. ' ' ~' ~ ~ 9~.€r~ slaNiaruRE ~, t~~~ _ J9 T'~u~cwt.kiYd-rv :~- ~ CUSTOMER COPY :,. CHANGE PR®P®SAL REQUEST 1.PROJECT t Lift f M idi Bl k C Cit 2.CONTRACTOR 3.PROJECT NO. ~~ Change Proposal # 24 y o er an ac a Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE 5-Jun-06 DESCRIPTION OF CHANGE Add seal water flow switches and associated control wiring and programing. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct lobar wi labor fringes (Attach supporting detail estimates with man-hours and rates) $ - 2. Insurance and labor Taxes $ - 3. Materials w! frgt and SST. Detailed quantities attached. $ - 4. Equipment Expense $ - 5. Overhead & Fee ~ t5% $ - $ - Time Extention Requested 0 working days JC Constructors Proposal Cost $ - B. For work to be performed by subcontractors, per proposals and detailed breakdowns i SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Custom Electric Electrical /Controls $ 2,704.95 z TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP): $ 2, 704.95 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ 135.25 CONTRACTORS BOND COST @ $.018!1000 $ 51.12 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B37 $ 2, 891.32 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC Rob Gu - 1038 Flow Switch Seal Water CO.xls Custom Electric, lnc. 2soo wesrrdeho stud Emmett' tdabo 83617 208-365-27~ Fax, ZOS-36SZ768 To: JC Constructors City of Meridian Black Cat Lift Station Date: May 2, 2006 Time: 5:45:47 PM Provide and Install 3 Flow Switches on Seal Water for Pumps MCC Bucket for Crane ii Air Compressor Wiring and Installation Temperature Control of Boiler Through PLC Cost 'aqe 1 Invoice $2,704.95 $1,355.00 $878.54 $568.85 Rob Guy .................. - 1038 Flow Switch Seal Water CO.xls Custom Electric Generic Bid Sheet Info /opals: Overhead & Administration 0.00'/ Mark-up &Profd J5.OD'/ Labor Rate: $65.00 Job True: City ofMedd/an W.W.T.P. Description: Bieck Cat LiR Station (Don't Forget Bonding If General) City of Meridian W.W.T.P. (Note: nJob is in the City of Boise Place a Y in the box/: IF MORE ITEMS THEN FOUR ARE NEEDED BE SURE ADD THESE ITEMS TO THE SUMMARY FORMULA CALCULAT/CNS (FOUND !N BOX BELOW) TOTAL -ALL ITEMS OHBAdmm Profd Material Total 1,717.18 - 0.15 1,974.76 Material Sales Tax 85.86 - 0.00 85.86 Misc. Total - - 0.15 - Misc. Sales Tax Lbr Rt - - O.QO Labor Hrs Total 65.00 2,503 - 0.15 2,877.88 total Hrs 39 m~~a~, - TOTAL BID 4,938.50 TOTAL COST 4,305.54 TOTAL PROFIT 632.96 FIOW $W%tCheS OHBAdmin Profd Material Total 821.42 - 0.15 944.63 Material Sales Tax 41.07 - 0.00 41.07 Misc. Total - - 0.15 - Misc. Sales Tax Lbr rtt - - 0.00 - Labor Hrs Total 65.00 1,495.00 - 0.15 1,719.25 toter Hrs 23.Q0 REM 1 BID 2,704.95 ITEM 1 COST 2,357.49 ITEM 1 PROFIT 347.46 Air Compressor OH&Atlmin ProfR Material Total 15.76 - 0.15 18.12 Material Sales Tax 0.79 - 0.00 0.79 Misc. Total - - 0.15 - Misc. Sales Tax Lbr Rt - - 0.00 - Labor Hrs Total 65.00 747.50 - 0.15 859.63 total Hrs 11.50 ITEM 2 BID 878.54 ITEM 2 COST 764.05 ITEM 2 PROFIT 114.49 Crane Bucket OHSAtlmin Prom Material Total 880.00 - 0.15 1,012.00 Material Sales Tax 44.00 - 0.00 44.00 Misc. Total - - 0.15 - Misc. Sales Tax Lbr Itt - - 0.00 - Labor Hrs Total 65,00 260.00 - 0.15 299.00 robe/ Hrs 4.00 ITEM 3 BID 1,355.00 ITEM 3 COST 1,184.00 ITEM 3 PROFIT 171.00 Temp Control oHaadmm Prord Material Total 38.00 - 0.15 43.70 Material Sales Tax 1.90 - 0.00 1.90 Misc. Total - - 0.15 - Misc. Sales Tax Lbr Rt - - 0.00 - Rob Guyott - 1038 Flow Switch Seal Water CO xls '-~ .` .....,.... ~ Paae 5 Custom Electric, Inc. 2800 westfUdao BWd. EmmaK Idafw 83817 298.3.2700 r~ 288.385.2789 To: Cdy of Meriden W.W.T.P Black Cat Ldt Sta0on Quote w rnPiEplgL wTYec MNT MSt' u¢on IAE*?T+ ~ '.IN T~F4'RIPTG .N _ 6/2478 h:n4 -__ I z~,l SCO I"~ -~. I nn , ~. ._ r.u --_ --._-._-~_._--_-i___~___ _~PIaa .93 Aar ~ -- r----- - --- ---- -------r-, ~~ - ---- - --. _. - - -- -- I - -... - --- -- - - __ ---t-- - ---T------~--__----- - ---- --~~- -- -- - -- ---- ~ -- -- -- _.-~- -._ -- --r-- --} - ~-- ---- -- -- - i --~ I ___~.------ I i "~'~i al .111 J, T_~TAL -TaL _,- low svHCfwS 1 W 6L11 3144p -. X3'0 u'lA I eMn T:ipemt Them 0~~ I ~~ - ~~ urNrx+sla ~. ~,. II- C olw ww -. r. ~, Imoo~ - _ I Ino !~ I _ :4}_:NMI.. Fi_ _._.___-.-- Oa;U 1260 __- _ ~.:u :!+itlt. F~.a.. mg~ars - _- .l1fA vAN _ ~:.;+I nis T+n i=wnLlM ' i -- -_ ~ I1 r: L .U v6 i _ --- I ___. _ IIi:uLi 311 all ~ '~. --___ Iii 1J 4' R(iD Conduct 1.7919 EMT Cold 0.4407 eel 1 5J8' Uruetrut 1.28 1 519- lJNSfid Steall S.B'UrustM 1.29 10.4214 MCM JOOON q.ay Xt4i4V 1.57 XId7Y11 m >Q9rvv 0.312 1.ae5 xr97w 9 1 ~~ 0.491 108iYV a 1a51uv 0.219 o.ae 0 JOAN 0.139 4 XF9~fN 0.074 CM 4.079 1.3835 0.$527 ~ 0.91465 0.48975 .39372 0.17755 2 0 0.09715 0.100 4 0.045&5 4' „41 ]OMCM 4.35 racevray 7.000 30.43 41.88 R 130 5441.0 1.12 8.76 6.16 0.93 5.115 y.12 1.03 5.665 5.67 ~~ o.ze7z WheS 0.088 19 1982 DNer Wee 0.218 0 0 ~~ 0 Per Foot S 2.1582 Footage 180 Matedal Coat per Foot 345.4M 51r t.Tra won sR n~ vacs 7 TFax4o amend senahg t~tat 1 PI.T-73C-PCT.J.X7C tmmhpt~n ltd (repfsce JOC wdh pipe aim to mome6g 7 Plr-tzniaoc z7>r plot 7gld 1 m9 (iT8lBferglatat tape a WS700 T1F.ATTRACEO'Itbel The b! Prioa Tor tl1e heat trace ht 5889.50, thk also inoLdea addeg 111 pole 2Da 277v (iFl CFCIdt brealmrto Parm17H0. Custom Electric, Inc F CHANGE PROPOSAL REQUEST 1.PROJECT City of Meridian Black Cat Lift 2.CONTRACTOR 3.PROJECT NO. ~`~ Change Proposal # 25 Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE 5-Jun-06 DESCRIPTION OF CHANGE Add Breaker for power to the OH Crane. Provisions for this breaker where not shown on the original documents. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor wl labor ftinges (Attach supporting detail estimates with man-hours and rates) $ - 2. Insurance and Labor Taxes $ _ 3. Materials w/ frgt and SST. Detailed quantities attached. $ - 4. Equipment Expense $ _ 5. Overhead & Fee @ 15°~ $ _ $ - Time Extention Requested 0 working days JC Constructors Proposal Cost $ - B. For work to be performed by subcorrtractors, per proposals and detailed breakdowns SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Custom Electric Electrical /Controls $ 1,355.00 z TOTAL SUBCONTRACTOR AMOUNT I INCLUDING SUB. OH&P): $ 1, 355.00 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ 67.75 CONTRACTORS BOND COST ~ $.01 B/1000 $ 25.61 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+8~ $ 1,448.36 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PRO~SAL SIGAIATURE/DATE Page 1, JCC -•1038 Switch Seal Water CO.xls Invoice Custom Electric, Inc. a~ wit htaho ewa. Emmett' Idaho t138f7 20&365~27~ Fa7y Z08ti76~Z768 To: JC Cmistructors Criy M Meriti~n Black Cat Lift Station Date: May 2, 2008 Time• 5•d5•d7 Plld DESCRIPTION TOTAL Provide and Irretall 3 Flow Switches on Seal Water faa Pumps $2,704.9$ IY~C Bucket for Crane $1,355.00 Air Compressor Wirirtg and Installation $878.54 Temperature Control of Boiler Through PLC $568.$$ Cost $5.507.34 Page .1 ,.e 3 -.:1038 Flow Switch Seal Water COacls Custom Electric Gerteric Bid Sheet Irdo Inputs: Overhead 8 Adminishation 000'/ Mark-up 6 Pmtlt 15.00'/ Labor Rate: S 85.00 Job Title: CJty of Meridlan W.W.T.P. Description: Black Cat Lift Stat/on (Don't Forget Bonding if Generaq City of Meridian W.W.T.P. (Note: If Job is in the Cily of Boise Place a Y in the boxl: IF MORE ITEMS THEN FOUR ARE NEEDED BE SURE ADD THESE ITEMS TO THE SUMMARY FORMULA CALCULATIONS (FOUND /N BOX BELOW) TOTAL-ALL ITEMS OHBAam,n ProfR Material Total 1,i 1 i.18 - 0.15 1,974.76 Material Sales Tax 85.86 - 0.00 85.86 Misc. Total - 0.15 - Misc. Sales Tax l.br Rt - 0.00 - Labor Hrs Total 65.00 2,503 - 0.15 2,877.88 total ~•s 39 m.caaya - TOTAL BID 4,938.50 TOTAL COST 4,305.54 TOTAL PROFIT 632.96 Flow Switches oHanamm Profit Material Total 821.42 - 0.15 944.63 Material Sales Tax 41.07 - 0.00 41.07 Misc. Total - - 0.15 - Misc. Sales Tax r.br rte - - 0.00 - Labor Hrs Total 65.00 1,495.00 - 0.15 1,719.25 Tarsi ~rs 23.00 ITEM 1 BID 2,704.95 ITEM 1 COST 2,357.49 ITEM 1 PROFR 347.46 Air Compressor or+aaamm Pima Material Total 15.76 - 0.15 18.12 Material Sales Tax 0.79 - 0.00 0.79 Misc. Total - - 0.15 - Mise. Sales Tax Lbr Rt - - 0.00 - Labor Hrs Total 65.00 747.50 - 0.15 859.83 Total -rs 11.50 ITEM 2 BID 878.54 ITEM 2 COST 764.05 ITEM 2 PROFIT 114.49 Grape BYCkBt OHt1Jldmin Prota Materiel Total 880.00 - 0.15 1,012.00 Material Sales Tax 44.00 - 0.00 44.00 Misc. Total - - 0.15 - Mise. Sales Tax Porto - 0.00 - Labor Hrs Total 65.00 280.00 .0.15 299.00 TaHI Wa .._4.00 ITEM 3 BID 1.355.00 ITEM 3 COST 1.184.00 ITEM 3 PROFIT" 171.E Temp Control tsHandm~e praa .Material Total 38.00 _ ` :.0.15 43.70 Material Sales T®t 1.90 - 0.00 1.80 Misc. Total _ - - 0.15 ' - Misc. Sales Tax Lbr rtt - 0.00 Rob_ Guyott -1038 Fiow Custom Bectriic, Ina 7800 twaflda5s apd. ~nm.a raana mri 709.3kI T700 ~709.7B71p Ar Cily of Nai6an W.W.T.P, Bhdt Cat L8t StetlOtt Qu~e .n+a wienu~ .o„Q wrls~: u~&.•r TOT .nn nr •i Tat, 'Oral ' t W Nell taa;p layl I nQq . t tu• t>vc o.a77 t i/a• R60 Caodat 7.53 i rPVC 9.~n ~ 9se n•RC;9cawe t.trete t.977 .me i ors• PVC ~ 0.7977 - _ ~• RCiD Cootlat 1.1918 - • EMT CaMat 1 518•I>riafitt t l4Ctaatrut star t s.e•utaeta,l l 0.4407 1.79 I t.2B toa7t4 i IOtNW 4.75 tst A 709AN 9.717 1.0~ 70l8H 7 >o99st 9 o.71e ao99 a/79 4 IO9lYU ~ 0.074 4. 1 A 0 Z 9 .. S a~ - s _ ~ rwm rJOanu nr«as ~ o•.rtl nv9 .~ p lu ~.«I :ul~_~~.n.. I orm i mw a M ItM IJN ___. _-- ___ ---L-'-~ -- •~0t9NIw~.,Jyprryq -__ J1Np ~.JH -__ ~ • rm rul.yl _~_ YFm wn.M ____ _. _._ ____._ .. . .4rva1 - ~ LLI.LI ___- _-_.._-_~-__-r-____r _- '-__. _ _ . }'Ja'~.+.aa•F4. ~Oi.~•tlnim -_._ .. _.___- __ -. .4 -~_._- 812A8 n..,, -- -----'-- ~ -- -- . -~------'- ---'-- - - -- WESCO __..._-.. _ ___._ .. _- ___.. _.-_ . _ .__.__ ..____ Platt 97 • - ___ -_-_ __-~t ._ . ~_ -F_ _ t--_.1 ~ __ ._ ._ -' --~ --- _ - --- - - ~ a I - :. tie tl;1 J1 lorN. rntal _ Custom Electric, Inc Mlae. Matartal fa MenAml NAM1RP Eapanaon S~ OS - 13 2005 x PVC Conttut __ 087 t7t~ tt at IT R6D CanEUt _ _ t 1.787 ~ SOOMCM s 75 (2'EMT COnWt _ y 1.707 Pd 17CaWay 7.~ 70.a5 la•PVCCaaml ___ ~ t.n arse •ROO Caodut ___ 11111a Fl 170 _ 4•EMT CatxNa a.32 %atB 112 818 di8 097 5115 517 1 07 5 885 5 di Conttua 0.29M Wist 0.098 /9 1.887 Olha V9is 0219 0 0 C9mt o PpFaatS 21587 Foat~a 180 1lateeW Cant Oat Foal .745.472 Sc lsna wam Ea e.ta.w 1 TF41U0 amEktt sevhyt~bt __ t PlT-BC-PCT.FiO(hminatlookt (rep~aJO(dhdO~a@9lbroab6p Nanga) ~ - 1 PL7d7TliD(zThplal(mlt - - 1 tol f3I8 ~p tape 4 WSt007EATTRACFD'Ybal .. - . Tlr ec vtba 16r the 6aat aaa. r tI0e9.50, tltb aLo itttlteaa addap n 1 Fd•2W 27N t7w mtci taaturm Pt9w 7Ftll ~~ i CHANGE PROPOSAL REQUEST 1.PROJECT City of Meridian Black Cat Lift 2.CONTRACTOR 3.PROJECT NO. ~~ Change Proposal # 26 Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE 5-Jun-06 DESCRIPTION OF CHANGE The electrical panel was specified to be explosion rated with the addition of positive air pressure. The original documents did not take this into account. JC Constructors supplied the air pump and Custom Electric supplied the labor to install and plumb. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor wl labor fringes (Attach supporting detail estimates with man-hours and rates) $ _ 2. Insurance and Labor Taxes $ _ 3. Materials w/ frgt and SST. Detailed quantities attached. $ 315.50 4. Equipment Expense $ _ 5. Overhead 8 Fee @ 15°~ $ 47.33 $ - Time Extention Requested 0 WOrklrlQ days JC Constructors Proposal Cost $ 362.83 B. For work to be performed by subcontractors, per proposals and detailed breakdowns SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Custom Electric Electrical /Controls $ 1,355.00 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP): $ 1, 355.00 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT ~ 5 PERCENT: $ 67.75 CONTRACTORS BOND COST ~ 5.018/1000 $ 32.14 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+BS) $ 1, 817.72 JC CONSTRUCTQRS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC JC CONSTRUCTORS, INC. Change Proposal Request # 26 Date: S~Jun-06 Scope of change: The electrical panel was specified to be explosion rated with the addition of positive air pressure. The original documents did not take this into account. JC Constructors supplied the air pump and Custom Electric supplied the labor to install and plumb. 0 0 LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.68 0.00 Carpenter/Operator Hours 0.00 Labor Rate w/Fringe $ 33.96 0.00 Ironworker/Pipe Fitter Hours 0.00 Labor Rate w/Fringe $ 31.91 0.00 Laborer/Carp Apprentice Hours 0.00 Labor Rate w/Fringe $ 29.07 0.00 Project Management Hours 0.00 Labor Rate w/Fringe $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES 0.00 MATERIAL Material listed below or from attached detailed material sheets - 0.00 Additional Cost for Grainger Order # 011916008 - 1/3 HP pump 295.50 0.00 0.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 0.00 Frei ht from vendor to ~ob site if not alread included in above material costs. 20.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 315.50 EQUIPMENT Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate 0.00 E ui ment Descri tion Est Usa a Rate 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0.00 Page 1 April 26, 2006 Order # :011916008 Here is your order detail. Fnal Shippa~g Destination Frst Name: Robert Last Name: Guyott Company: JC Constructors Address: 1305 E Columbia Road Address2: City: Meridian State/P rov i n c e: I d a h o Zip Code: 83642 Country: USA Phone: 2088958105 Fax: 2088958106 E-mail: rmguyott@yahoo.com .............................................. Delivery Options Shipping Method: UPS 2nd Day Air Shippng LabeDPaclQt List P.O. Releas . RFI # 54 Proje~ob #. Black cat Attention/Delivery Instructions: Jim Cox PnodudSelection Page 1 of 2 Bafng Inforrr~tion First Name: Rob Last Name: Guyott Company: JC Constructors Address: 1305 E Columbia Address2: City: Meridian State: Idaho Zip Code: 83642 Country: USA Phone: 2088713479 Fax: 2088988832 E-mail: rmguyott@yahoo.com Payrrrerrt hrfiormation Payment method: VisaCard Name on card: Rob Guyott Card number: 4xxxxxxxxxxx7072 Expiration Date: 2/2008 .................................................................................................................................... Brand Available Your Mfg. Model # Quantity Price GAST Extended Price 1 42024 PUMP,1/3 HP DOA-P703-FB 1 $295.50 $295.50 .......................,........................................................................................................................................................................................................................................ 9~bbrrtal: $295.50 Promotion Code: Tax: $14.78 F Irt $20A0 ~~}p~.. 330.2 https://www.grainger.comlGrainger/ord PO jsp?xi=xi&time=Wed_Apr 26_16_28 04 G... 4/26/2006 ............................................................................... Qty. Item # Description ............................................................................... Purchase Order Page 2 of 2 "Total Cast ~i330.28 "Total Cast includes estimated tax and freight amounts, if applicable. Your invoice will reflect final tax and freight charges on the items shipped. https://www.grainger.com/Grainger/ord_PO jsp?xi=xi&time=Wed Apr_26_16 28_04 G... 4/26/2006 loft -1038 Flow Switch Seal Water CO.xls ~ ~} .. ... >. .... ... ....... Pa e ~ 1. Invoice Custom Electric, lnc. 2800 wearkf~ro arvd E++rm~ itflfafw 83617 208-366.2700 Falr, Zak-366.2788 To: JC Corlatractors Cty tN Meridian Black Cat Litt Statltm Date: May 2, 21106 Provide artd Ittatall 3 Flow Switches at 3ea1 Water for Pumps k~C Bucket for Crane Air Campresaor Wiring and Installation Temperature Control of Boiler Through PLC Cost $2,704.35 $1,355.00 $878.54 $568.85 Rob Gu. ott - •1038 Fiow Switch Sesal Water CO.xls ~. Y .. ........... >' . ... _.. ~~ . ... ............. P e3 Custom Eletxric Generic Bid Sheet Irdo MPuls: Overhead & Admktlsba6on 0.00% Mark-up $ Profit 18.00'/ Labor Rate: S 85.00 Job Tltl& Clry ofMedo7an W.W.T.P. Descripdiaur Black Cat I1it Smtlon (Don't Forget Bonding it General) City of Meridian W.W.T.P. (Note: NJob ht in the City of Boise Plate a Y in the box!: l~ !F MORE !TENS THEN FOUR ARE NEEDED BE SURE ADD THESE !TENS TO THE SUMMARY FORMULA CALCULAT/CNS (FOUND !N BOX BELOW) TOTAL -ALL ITEMS OHBAamin ProtR Material Total 1,717.18 0.15 1,974.76 Material Sales Tax 85.86 0.00 85.86 Misc. Total 0.15 - Misc. Sales Tax ~r rss 0,~ Labor Hrs Total 65.00 2,503 - 0.15 2,877.88 total ~•s 39 m«.a~ - TOTAL BID 4,938.50 TOTAL COST 4,305.54 TOTAL PROFIT 632.96 FLOW Switches OHBAdmm ProM Material Total 821.42 - 0.15 944.8:1 Material Salsa Tax 41.07 - 0.00 41.07 Miss. Total - 0.15 - Misc. Sales Tax Lbr Rt - - 0.00 - Labor Hrs Total 88.00 1,495.00 - 0.15 1,719.25 Tocu rrs 23.Q0 ITEM 1 BID 2,704.95 ITEM 1 COST 2,357.49 ITEM 1 PROFIT 347.48 Air Compressor OHBACmm p~ Material Total 15.76 - 0.15 18.12 Material Sales Tax 0.79 - 0.00 0.79 Misc. Total - - 0.15 - Misc. Sales Tax Lbr Re - - 0.00 - Labor Hrs Total Bti.00 747.50 - 0.15 859.83 total Hrs 11.50 ITEM 2 BID 878.54 ITEM 2 COST 764.05 ITEM 2 PROFIT 114.49 Crane Bucket OHgq~ p~ Material Toted 880.00 - 0.15 1.012.00 Material Sales Tax 44.00 - 0.00 44.00 Misc. ToMI 0.15 Misc. Safea Tax t.brtit - 0.00 ' - _ labor Hrs Total ~_ 88.00 260.00. 0.15 298.00 - ` Totrl Hie - 4.00 ` . ' - ; Il'EM 3 BID 1.35.5.00 ITEM 3 C09T 1.184.00 = rrEM 3 PROFT 171.00 . Temp Cordrol ' ONbAdrnm PrafR MafnAnl Twlml 1 ee M w .~ ... .... ._ ~__ ........:..... _ .., ;Rob Gu ott -1038 F'!ow Switch Seal ~~ r CO.xls Pa' e`5 .... .. Custom Bedric, Ins ~~~~. emra. w.ne a~nr zas~clarm F)iG 227p rm cxyo79lttAmRw.w.r.a elaelt cue ~ Statlott Quote m~TenuL .v.cc wrnrt.: u~w i'Ol'aL ~G7a '~~ra1 ' town sago . of oY1J ~i.re~ ;IJ lutNr« i it I•A1 ~ qyp dN '~ 11M Iy1 ~_YN .Rtn FL. _ __-.___.._.. ItJ.fi I:~ 1 I:'J":..AM9~Nn~.mWYmc 11fD VJA _ -_..y ,`J.::..rn ~ _ r~~....~n Y...... n1..1 -_. _ _ _ _ _._ ,! nyl 4'R _~m wN t.n .. ;1J ru~i ---~- - WJiI -~-- --___ - ~7a"-.el+ti...•m„n,t^~ '---•-- _. --- ' __ n.u ^--^---- ---' 872108 r"bJ __._--_-- _. _ -.-- _.---- ~ -- _- _ WESCO t 12 818 Bib _ ____... __ _ "« __- ~. __._. ~____ ___._ _ __Phtt 9S 097 5.715 57] t_«-. '.__~~ _ _._. _ _ _ __. ~__ _ _._.. CES 707 107 5 885 5 87 _ __ _.___. .. __ _....__ _._...- t.. __ ~~ -_ ___1- -_•. _- _. ~... .___~--._______ ___ __-_ _____. __... ... .. __ 1 , .,-ni _. liE ~T_-_ I T__-'l /1/t. CoMM __ 0.87 1 71 ! 7~R6D CaWt 7.787 F!'EMT Cablt _ i 1.707 K' FVC C9ndut 1.77 I yl•RCvD Ctttttbt __ ! At attl 4• 4.52 t i!4'FVC i O.f7! 1 1 A vs• ROD comes ~ z.$ :11R'EMT ____ 1.1a2d 1 _ '~1• P1fC 0.2072 1 0.98 1 1• R CtAnOtR 1.8918 1.82J o.7n9 FVC <bnAN caocatau • vrcenau 19iC Ilrtmut iA919 o.uo7 t. 1 1 t 9f8't>»emle 3ae1f 9.~Wthmt t/CM l0liw 1.28 ~ 10.421s a.78 1st Al 0.712 t. o.2te J0i11N 178 07a 4. 1 A 189 .. ,.. , ' s s . i' 11 Jt 900MCM 4 79 MticaAOy 7000 10 a5 at 88 fl f70 SOC1 B CoAtmt 0.2872. wlas 0.088 19 1802 7tlerwte OItB 0 0 onmr o Pv Fmt4 21982 FtAtAtAp~ 180 WttYhlCappetFO9l _,718A72 Th/ lot Frlu 7ar0r hnt taa b 5889.90. tE6/ Yn Ytelldu+ddoq l)1 FoY 20a T7J1r f~l okai tltAlrOf t0 Fanl7Wl I~~Ta 977 Jt tnnu. Custom Electric, Inc Alec 14twW Pntwe Gtr AleMmn IAMf7'P R-rawur~ Crr ei ~ ~ CHANGE PROPOSAL REQUEST 1.PROJECT City of Meridian Black Cat Lift 2.CONTRACTOR 3.PROJECT NO. 140 Change Proposal # 27 Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE 6-Jun-06 DESCRIPTION OF CHANGE At the owners request Custom Electric provided additional control programming to allow the boiler to recognize ambiant temperatures. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w! labor fringes (Attach supporting detail estimates with man-hours and rates) $ - 2. Insurance and Labor Taxes $ - 3. Materials w/ frgt and SST. Detailed quantities attached. $ - 4. Equipment Expense $ - 5. Overhead & Fee ~ 15°~6 $ - $ - Time Extention Requested 0 WOrICInQ daVS JC Constructors Proposal Cost $ - B. For work to be performed by subcontractors, per proposals and detailed breakdowns ~. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT Custom Electric Electrical /Controls $ 568.85 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP): $ 568.85 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ S PERCENT: $ 28.44 CONTRACTORS BOND COST ~ $.01811000 $ 10.75 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+g5) $ 608.04 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob Guyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC Rob G ott -•1038 Flow Switch Seal W er COads ., , Custom Electric, inc. Invoice 2800 wesrlda;ttro and txrrmetJ; ldatro 83617 2C8-365.2700 Fe; 208-.?61F2768 To: JC Constructors Cdy of Mertdkirr 81ack Cat Lift Station Date: May 2, 2006 Time: 5:45:47 PAA DE~RtPTIDN i i Provide and trretalt 3 flow Swkcnee on Seal Water ror Pumps $2,704.95 IY~C Bucket for Crane $~ ~35$,QO Air Compreaeor Wiring and Installation $$7$,$4 Temperature Control of Roder Through PLC $$6$.$$ Cosi I $5.507.34 ': Pale a ;Rob Guyott -:1038 Fiow Switch Seal r CO.xls ~~-~ ~ :-_ ...:..:,,: ...................... P e 3. Custom ElecMe Generic Bid Street INo lnpats: Overhead 8 Adminisbation ~00.~ Mark-np & Pmfit 9300'/ Labor Rate: $ 85.i-0 Job Tltie: C/ty of Meridian W.W.T.P. Description: Black Cat Lift Station (DonY Forget Bonding If General) City of Meridian W.W.T.P. (Note: If .Job is in ttte C(ty of Boise Place a Y in the boxl: lF MORE /TENS THEN FOUR ARE NEEDED BE SURE ADD THESE ITEMS TO THE SUMMARY FORMULA CALCULA T/CNS (FOUND /N BOX BELOW) , TOTAL -ALL ITEMS ONBAamin PrOtR Material Total t,71i.18 - 0.15 1 974 76 Material Sales Tax 85.86 - 0.00 , . 85 86 Misc. Total 0.15 . - Misc. Sates Tax Lbr Rt - - () ~ - Labor Hrs Total 65.00 2,503 - 0.15 2,877.88 total -s 39 ~,«",~, - TOTAL BID 4,938.50 TOTAL COST 4,305.54 TOTAL PROFIT 632.96 Flow Switches oMBAOmm Profa Material Total 821.42 - 0.15 944 63 Material Sales Tax 41.07 - 0.00 . 41 07 Misc. Total - - 0.15 . - Misc. Sales Tax Lbr ttt - - 0.00 - Labor Hrs Total 65.00 1,495.00 - 0.15 1,719.25 total "rs 23.00 ITEM 1 BID 2,704.95 ITEM 1 COST 2,357.49 ITEM 1 PROFIT 347.46 Air Compressor oHeaonm Ptota Material Total 15.76 - 0.15 18.12 Material Sales Tax 0.79 - 0.00 0.79 Misc. Total - - 0.15 - Misc. Sales Tax Lbr its _ _ 0_~ - Labor Hrs Total 65.00 747.50 - 0.15 859.83 Total r•rs 11.50 ITEM 2 BID 878.54 ITEM 2 COST 764,05 ITEM 2 PROFIT 114.49 Crane Backer oHaacmin Prom Material Total 880.00 - 0.15 1,012.00 Mater~l Sales Tax 44.00 - 0.00 44 00 Mlec: Total - - 0.15 . - . Misc. Sales Tex Lbr Rt - 0.00 Labor Firs Total ~ 65.00 260.00 - ..0.15 299.00 Tata1 Ws --4.00 ITEM 3 BID 1.355.00 ITEM 3 COST.. 1.184.00 ITEAA 3 PROFR 171.00 Tamp Contra/ oHamm~~ P,otit Material Total 38.00 - 0.15 43 70 AAatertal Sales Tex 1.90 - 0.00 ` . .1.80 Mise. Total - - 0.15 : MLgc. Sales Tex Lbr Rt - - 0.00 - . Cu~om Becuic, Ina 2eoow..ertuasmaa. eaa~c aes am 201M't~700 r42t3~'a6.278t Quote Tar Cay of Narptlan W.W.T.P. Black Cat Ldt Shtlm1 lMTpJ1A)_ ri~C WTMSt: LI~W ' 10TNNf, ryT TL1TA1 _ I 1IJ N41 ~ ,{m JD .. `J...:. 7raxwmm r..._ ~ n ncn ---- ---- w'^ 4JG"...aas Flm •Or .•nwim _.-_. ~__._~___.. ~ - -.h-. ___ L-._ . - Iii IJ ~.-_- ... _. - -. 8/2N8 n;.n~ -- --- - - -- - -- -- - -~ -_-~ - -WESCO ' 1 12 8 18 8 18 }~~. -~ _ ~ - ...• _. Platt 93 093 5.115 51: P-__ _._..__..__._ _ _ '• - ~ u _ ~ ^ _ CES 1 O3 1 O3 5.885 5 87 ~-_. i _ - "T' -_. _._ '__~ ..__. _.-. . ~_. ~ - -h _ - -•-' - ---- ~ 1 ~ i ~-T ~ t ~ I'iia 97I J7 f.?14 Mtat Custom Electric, Inc Tba lot prka far Ifia tort hau b 5888.58. thb abo teMtlay adt8n8 t)1 pd~ 28a>m G3'I mrrnt hraalurto PaM 7MA a• „ a, a 35 7WO 30 a5 at 88 R 130 Sant 8 a28n. oa55 ae a.e52 o.2ae o 0 0 Per Faat9 21582 1~ ttvfeitlCastpvPoot ..sawn CHANGE PROPOSAL REQUEST 1.PROJECT 2.CONTRACTOR 3.PROJECT NO. Change proposal ~ City of Meridian Black Cat Lift ~~ 28 Station. JC CONSTRUCTORS S.CONTRACT NO: 6.PROPOSAL DATE 29~1un-06 DESCRIPTION OF CHANGE During the course of the project construction material and shipping costs where accelerating rapidly. The cause of the acceleration can be attributed to an increase in the cost of oil/fuel products. This affected shipping, plastics, and asphalt prices. These inflationary affects could not have been anticipated at the time of bid and where there-fore not included in the contract price. JC is requesting compensation for only the most easilly identifiable infaltionary impacts. COST SUMMARY A. FOR CHANC3E WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes (Attach supporting detail estimates with man-hours and rates) $ _ 2. Insurance and Labor Taxes $ _ 3. Materials w/ frgt and SST. Detailed quantities attached. $ 5,208.00 4. Equipment Expense $ _ S. Overhead & Fee ~ 15% $ 781.20 $ - Time Extention Requested 0 working days JC Constructors Proposal Cost $ 5,989.20 B. For work to be performed by subcontractors, per proposals and detailed breakdowns t. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT G8A Pavin As halt $ 5,536.44 z TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OHBP): 3 $ 5,536.44 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 5 PERCENT' $ 276.82 CONTRACTORS BOND COST ~ $.p78/1~0 $ 21244 C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+g5) $ 12, 014.91 JC CONSTRUCTORS, INC. CONTRACTOR NAME Rob C3uyott PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1, JCC JC CQNSTRUCTORS, INC. Change Proposal Request # 28 Date: 29~1un-08 Scope of change: During the course of the project construction material and shipping costs where accelerating rapidly. The cause of the acceleration can be attributed to an increase in the cost of oil/fuel products. This affected shipping, plastics, and asphalt prices. These inflationary affects could not have been anticipated at the time of bid and where there-fore not included in the contract price. JC is requesting com ensation for on the most easill identifiable infaltiona im acts. LABOR Foreman Hours 0.00 Labor Rate w/Fringe $ 41.68 0.00 Car~nter/Operator Hours O.QD Labor Rate w/Fringe $ 33.96 p.00 Ironworker/Pipe Fitter Hours 0.~ Labor Rate w/Fringe $ 31.91 0.00 Laborer/Carp Apprentice Hours 0.00 Labor Rate w/Fringe $ 29.07 0.00 Project Management Hours 0.00 Labor Rate w/Fringe $ 45.00 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES O.Op MATERIAL Material listed below or from attached detailed material sheets - 0.0D Additional Cost for Freight increase from Halliday Products 1 ~ 00 Robertson Supply- Rainstore price increases and freight increases 1315.00 Idaho Truss Lumber price increase 1000.00 Fuel intiation costs 25% increase 2740 00 0.00 Other direct material not specfically included in detailed take-off - Consumables, etc. p_Op Freight from vendor to job site if not alread included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER 5208.00 EQUIPMENT Equipment Description Est Usage Rate p,00 Equipment Description Est Usage Rate p.Op Equipment Description Est Usage Rate 0.00 Equipment Description Est Usage Rate O.Op Equipment Description Est Usage Rate O.Op Equipment Description Est Usa a Rate p,00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0.0D Page 1 ~~ 22 2006 3:39PM ClsR Pains Company 208-362-4190 i • ~ ~ • 4015 S. Banner Street • Boit3e, Idaho83708-s5i1 (~) 362-4244 Fax (2C8} 3t~-4180 May 22, 2006 Rob Guvoit /Jim Cos 3C Contractors 12400 West Overland 12oad Boise, ID 837(19 ri~orr>v: 2os s9s-sios F.-~.Y: 208 895-9'788 RE: 13-ack Cat Lift Station i!•ieridian, iir ~~bject: tRequcst for Increased Iii Costs Dear 11 r. Cox, C ~ A Paving Company, Inc. is requesting a reimbursement for the increased oil costs it takes to product and purchase thersphalt mix product iur the above referenced projrc:. T'hr coot of oil has increased substantiall~• bet•tveen bid date and performance date. The f:cr: that fuel would increase substantially ryas undetermined at bid time and has created a change in conditions to the contract. This is a world wide iysuc and is bevofld our control. Unfortunately, C & A Paving c$n not meet the projects paving scope at the current pu.•ing prices. The asphalt calculaud of 250 tons (2"& 2.5") needed for paving rt•as bid at S38.h', S S39.HU per ton placed with our ayphait purchase price of Y2S.00 per ton. The incrcavcd oil costs have changed our purchase price to X32.00 per ton. 'I'bis shoiis an actual dollar i-npac; and reimbursement price requested of 54,250.00. C' & A Paving is requesting the purchase price difference onh, without marl< up ur hruiit. I•his reimbursement reyue5t does not reflect tfte iner:.•a;e in aggrel;atr cults that we hair incurred in the grading process as well as fuel increases for the a~~~re~atr and aypnul~ truckinK haul. ?'Ie:ase call ii you iaave anti' questions or need ariditinnai +n+ormst+oa rr•~3rciin~ tail s+u:tcr. Sincerely. ~+ `Ch er 5 p Project Maaager p.2 CC: project file •. i ~ 4a1$ 9. E~BIKfA!' Sb'6d ~ ~~ 1da11o ~ .~~ (208) 362-4244 Fax (208)'382.4190 P'1'QppShc fr Com'!'QCt To: JC Cowtructors F~+;....M. 4635 Revised . Projcet: BLrr]t CaYl.ik 5ttetian Dsta ~y 5, 2005 Location: Meridian ID Names Jim Cunt Phmtc 885.9'105 Fax: 895=9788 Cell: Item Number Work Desaipdon Fstinsate unit Unit trice QtLmtity Description Price Totals CI ]CO Mob~Lzatton 1 IS 5700,00 5700 00 C6-6CC Section 1 Asphalt Paving 3" 52 SY "~~ . 538.67 52,010.84 06-610 Section 2 Asphalt Paving 2S" 197 SY -.,. 539,80 57,84C.6~ 03-310 4" Road mix imported and computee 3^.,0 Tons S1S C0 S4 SOC 00 ~pccial Notes: . ,. . t) 2) Bic 1?ttcladn: Pt'rmi:s, wmpa~ ion -es:fag (ii requt:r~), utd Tra.Ztc Coatr c. 3) Total Evtitnatc: ~ 1 ~,0~ i. =~ ~ra~~ e All aare~:ai ~ work u gttarantcec :o be z, speeffed. Plans arac sptxira::pas are a part of :tis proposal. ?11 apreemenu and wsrraaties aprened a: implied ue only u attached in wri:ua form. Any altcrwotu or deviatto :s from project; s:+ecst'teations invplvia; extra cosu, ur ar:n• atidtuonal c::aariues. ~-:I. betotne an adtlitiatul charge over and above utachad spoai:cations. • This coavact tovc:s traly the work rested above. It non as incluae t:aforeseen probferat or other work itetat. C & A ?:wing Cc. a not re~otss:lrie for aamage, casts, o: impact caused by or to any hidden or ttaisaOCV1: itetas. Aituattoas, Chan, additiotul wori:, tmforeseen :a:oaCU, or dewi:ttnrs iron. chit •a speciiacacions will becotac an additional cia-gc, due and payahk. y required sub-grade repairs, which are discovered will be charged .: trsno nest rnuenais. ~: & h Proiay Co :s not responab:e fcx oc:;t.n; b>sc o:::esTgn ~rabletTtt • C & A °arngCo. caaroc bt rtspettssbic for aruaage or water poatiing on slppes ei less than : ='!., or aaere cr:ar L, dtc::ty by rurrour.atrtr uea. :'uc:n:ng taL plug water drainage and ua thtu cream poodir.g. • :'ha:s 3 unit price Dort:ran. '"ere cent:aCt asaount is hued on esctm:ed Cuaa:at:u. :ittt:ai oasamt vili be cn i:aai uu:ntat~ caatvietc o .°.ll agreernetus andlor Warranties, cicfter exaresrttc or iatpiied, :.re only in t;--iaCa :ors T hrs is : ltuly utte¢-.Led conirac. • Tzis agr+eattent is binding upon heirs, assignors, asd stumswrs is interest • As a proposal, the prices quoted arc good for fifteen (I51 days is om :hc dace noted at tae top of :ere propes:t:. e FsL' payment v dce and payable on ceapietron of marit. ProFras pacmenu wilt be atau :i campleted to stage; Inures: -:ill ix irar¢c: at .~4 ncr mnct, ~: 18°+, :~ :'A inr tldaved pavmeas. All expenses C P.,: n Pavtag Co. tacur~ :: tract :o:ler•on ci moat tiur a•il! ,- rt:n~•r;ed u• C ,?' : •. Pavtn; C; . in:::r, •eimbursd to C `.~' A ?rvtng Cc. mcJt:d:ng attocaec sn: consuiraa::acs. c F.etention trot to ex:.r_d attest ~vtL^Geirl by ;,were:.: till aavtnest upon camaleuoII US six~ve wOrS ePriu. is based oa aothint; arever+*;~o C 3: ;~?savint; `1.0. from full arotitrcion. \c rtaa by is iac:,:ried ir, cr__e. r-~ o _ e i.~a ~~~- ~ ~ ~° y~ m ~-~~ ~6 ~~Nl~ Customer l`iame Signature & Date 1ew~..~~-TAG... '~ ~Jra0~e~~- Gil. ~I~%+a '~ti ti'~~ ~=-- . tom- t-t,^e~'~7 ~ ~~ . ~~ ~t ~! t' t 7 J • • 4015 S. Banner Street~• Bofse, Idaho 63709-5511 (208) 362-424.4 Fax (208) 362-4190 Proposal ~ Contract To: JC CJnBtrUCiUrs Eedmate: 46]S Date: December 25, 200a Prolecz BlaeSc Cat Lik S mtion \amc Jim Cox Location: Merldiaa ID Phooe: 895-8105 Fax: 845-8108 Cell: Item Rork Description Es~roate unit unit Price Jtrmbcr Quantiri• Description Price Totals D1-100 14obilization 1 Lump Sum 5150A0 S1~O.9U =- J6-600 Section 1 Asphalt Pavtn~ _ ~. -- ~ti ? ~ _ ~ - - _~ ~ 2 ,, ~ _ _, ~''-~,? Sl. 6'._' '6-010 Srcron .. A - _ _.n0 S9,~IG.UC 'C:.:.li yOICS: _ ~ ~- -' -- . _._ ... .. .. - ... _.... ._.'r '_ _ ~ .. _ - .. T~1It:~, I~rimate: ~- _..: mnl:::i .:17 work e: }',U]ilrit^:C ~r ~r __ ^: ^Li:;[ '' .:rn uu1 :... ~,:._ . _...,,]L•. ^.l. ... .. _•[ alt y ~ ~ ^^h^ .... 1 a '-F ~ .. .., .. ... .... .. -_ _ ..__ ."i: .. ..... L' ~ _,1•^. 1:: :ui:l:; U:1S: l~ua yam„ JV~: 1:1.: IL~...•.: _:~1:.^. C'.. :f~: =:::~L1~':1.. .. cur :Deere -_rh• •r.: ~rrx.; '.e,ee_ .:~„•:- '~ .: ,- .... ._...... . , I }, } ' .. .....r ._ _. ...I .i i .. _ 1'.: ~:~'r,. ..i) I'c_........ 1. _i_ ... ... - . ~ ..... .. j. .. ......-., .T . . . .1:...." .-.. .., --i - 1,. .. ... r..:. t . :il L:1 ~.. f ' ('fit ~`C CC:.. t'1;......:j ~ __ _ ~I::_ ~1. r.'.'... ''f 1: .. ...._... .... .' .. . u .a"_ ul'. f1C'}17111 D: CeC1G.1". -j ]1•• _ ... 5: ~ Pay' "" ~~'"°s~ Cu~tomc: /. _. - .. Name Eri co ~igrtature & Date ~` 5/26/2005 09:22 Halliday Products Inc Becki-- 1/1 .~ _-HALLiDAY PRODUCTS INCr ATTN: ROB GUYOTT ANY QUESTIONS PLEASE CALL US TOLL FREE (800) 298-1027 ~~voRx oRDER ~ wO~o7o29I ORDER RELEASED: 05,'10.'2005 BILL TO: JCC5577 JC COIvSTRI:CTORS I.tiC 1305 E CULLti1BLA RD -IERIDIA\. ID 83632 SHIPPED VIA GATOR PRO 1vU.'~IDER 682275258 c.ARRIER wEBSITE www.RLCarriers.com SHIP TO: JC COtiSTRL;CTORS I\C REF: BLACIL CAT L.S. I3U5 E COLL~IBI.A Rt_).AD ~'iERIDLAti. ID S36.t~ Pt.RCHASE ORDER I3I.ACKCAT --- ~~ ITEti1 Lti \.IBER I HIA' ACCESS Fri` _' HZ~t' :1CCESSr~t' I H2LV ACCESS F&c, 1 HIR :ACCESS F.~C '_ S?S .ACCESS FsC' I 5~S .~C'C'IiSS I~.~.~' S:~L.ESPERSC?\ P?:~'1_lE\'f I'EIL~IS JL~I CCX)Iti SET 30 - _ DESCP~IPTIC)\ '_'`:i'I~ I'RI('L U3()U•38F~BD- ":1I~-.A" SB~l~.il0 0??U-38ItiI3I>--- ":11 I- `" S l. K-13. i ~t i o-3go~38I:Bn-- .. .~H-~:a" . ;1. ~t~7.~~0 0300301:BD-- ":'~H-3B" 562. U(~ OG(x)60leBU-- ".AI-1-I:~" ~ .~ ~-113 iti) S39"' ci.lx(1.38hI3I)-- " 11 i-?I3" . >ub.~ ~M! This is not an ini~nice. 1t is a shipment co~riirmruion unlr. r . iTU11k",'OT! 'O r ~Y]C)O.Sllh ,`''i!(i i i:IQl' ; ~ *~~cill.'.'.'. .~' 24HR NOTICE BEFORE DELI~'ERl' ~` ~ ?OB GLYOTT ?08-895-9785 SS.t ~ . UU S3.d86.Ot) $I.~ti,'.(x) ;+l>q?.ixl (/~/C'~] 15~ SLB TOT:1L S9,U97.UU 'TA1 0.00 FREIGHT 51.253.80 PLEASE VISIT OUR WEBSITE a~ www.hallidayproducts.com ~ ~ )RLANDO, FL 3281D PRICE QUOTATION HONE - (800) 298-1027 >~ Q026470 'AX . (40'n Z98~534 QUOTE VALID FOR 90 DAYS ales~hallidayproducts.com DATE: 1/3/2005 rww.haltidayproducts.com PAGE: 1 aUOTE T0: FREtGMT' ESTIMATED TO: C CONSTRUCTORS INC JC CONSTRUCTORS INC ,TTN: JIM COX 305 E COLUMBIA RD PHONE: 208-895-8105 WILL ADVISE AERIDIAN ID $3842 F.4X: 208-695-8106 MERIDIAN ID 33642 :UST ID SALESPERSON SHIP VIA TERMS PRODUCTION TIME ~CC5577 JIM COOK GATOR NET 30 2 to 3 WKS ARO PR C R QTY ITEM NUMBER DESCRIPTION I E P ICE '~ H2R ACCESS F&C 072046KBG-- "AH-5" S1,569.C0 S1,569.00 2 HZR'ACCESS FCC 048048KBG-- "AH-2B 8~ :•H--~" _ ,__". - _ $1.467.Ov S2,934 00 1 ~i1R'ACCESS FCC 030048KBD-- "%,H-3" - ~ ~ __ _ S760.G0 S; 60.00 H1R ACCESS FCC 030030KBD-- "AH-3B" ;gG2 O~C~ a~~ S., "x.00 The above a-uminum ac„~ess :,over(s1 to have angle femme. TC~'t6 s.stl. hardware. recessed lift handle, spnng assist, slam lock, recessed iock box. gasketmg bituminous casting and H2O load rating NO ~ E: The aoove ;-120 rated r~ve;~ are su~taGle for offs t r eet iocauons where -- ^^ { 2 X25 %,~~~~ _ .~._ ~ ~0050~:~~--- ~ ~ ~-1 ~ ~ _ _- -- __ aD:. _ aiurn n~r~ acc~r^s~~=rr cc~c-~ .~ , _ wngie ~iGinF'. /1C J J.~ harl~Ware, _oring assist. s~ar~ iock. rscessec icc~ oor,. gasketing oit::mmous :.catine ar,;; 300 psf loac aUny. ~` =_FERENCE: LACK GAT LIFT STATION SUBTOTAL 58,382.00 FL SALES TAX x0.00 APPROX. FRG. Q1 ion nn .,005 11:32 208-455-8407 WM A MATZKE . .. • .~ ~ , R~BERTS~N S~TPg'LY Maur saM.~n leM+o R.tr~.a iv..ar- ~sK Nsmp., ~ asses ~ ~- PAGE 01 s«~d ts: J C COtrtraaeeis From: Robarbon StepplY I-ttw~don: Rob t).ra: a/Z3,/oa OMke loeetloe~ A~b97®a Ofito~ Ioostlon: Fox nipnb~r; 8a5~Ta6 i Phons nun+bsr: Quohs i~ unm 6~/9/oa Plop don't N~oilld~ wM~s hx Rab»tore3 Job Name: 8t~ak Cat Lift 3taffon Contraator•. Bad i - 9 asps x 15 salts z 3 oslfe ~ 405 cells Total oeNo 52S ~ 52f?.95 per cell Bad 2 - ti csNs x ~ calls z 3 oails ~ 120 calfs 1 truck ®51.560.00 Tote! F.O.S. Job Slte 512.64.75 6 cam. Fllbsr Fafxic: 3154 ~ ft (not tnduded In thb bid) BXg300 Ceo~rid: 3900 ssl R (not Included In this bid) Estlmatrd ifine !o Ins~sb less escavatlore: 3 hra The factory rap. moat be on alts at th®:taro up ai ev®ry Job, pieaoe nottty him 3 oey prior to start. The trsnch must be dub 20" wider than the footprint of the Ra{nstore3. Eaah sell b 40'1M z 4Q"L z 4'H i3obeo~tson Suppty must approve cssdlt ~:Poro avder ~n be placed. {f qou have any questtlor~ pieese caH the Factory Rep. Wiattke Co. Larry Spmtlt 20855,8408 20i3.890-14bt ~ ~, .,~_ M~~~--~- ~ ~ , y ~ x 52s= ~ ~ ~-ieo TRa~~ii~(, ~ i(~~-i~`15- ~55 X315 ,1005 15:31 206-45507 ~e~tson ~ iy Yver Sa~~n Iddw Pb~ora u.elsr 8sad to•. WM A MATZKE • _ PAGE 01 4 ~~ f 6,J z-V~- ~ ~ - ~ . J '' 31s a n. Nsmpe, Idaho s36~7 Zo&48b~8907 Debi Lacy From: Roberbon Supply Cate:1.4-06 Ofitoa location: Phone number: Attsntbn: Olrlo~ loc+rtlon: Fex number; Q~wha mod far 30 days Pt1oM dont inoluds a.iss tsx Ralnstors3 Job Name: Black Cat LJfrt Station Contractor: Bedi-9cellsxl6oelLsx3oalls~405cells W ~ H Total Dells 5Z5 ®518.55 per call Bed 2 - 5 calla x 8 Dells x 3 Dells • 120 cells 1 truck ®$1595.00 Total F.O.B. Job Slt® $21,333.75 8 oz Fitter Fabric: 3884 ~ n (not Included In this bid) - ~ __`-' B~11'00 Gea~rid: 3900 sa ft (not Included In ihl• bid) ~ ~ , J _, -_ Estfmobed tlma to Install bas excavation: 3 hrs The factory rap, mu~rt bs on sstte at the start up of Avery Job, pi®ese ~otlty him 3 day prior to start. The trench must b• du@ 20" rridar than the footprint of the Ralnstora3. Each cell is 40"1M x 40"L z 4"H Robertson Supply muiot approv® credit before order ~n be placed. If you hens any quaations plsaa~e call the Feotory Rap. Matzke Co. Larry Spath 208-455.8408 208-890-1454 -~ I - ~~ I I I ~~ ~~ ¢. ~ ~~ L ~,Q7 L II , 3 3 ~~~ ;-~ zL ~ 3 ~- FEB 24 2006 3:46PM HP LRSERJET 3200 p.l ~~ T0: - Residential Customer Quote Phone: Fax:'~'S' ~?~Y Rob with J C ordered for Black Cat project. Job Items Pro'~ct Quote Order # 2005.16564-00 Quote Date: 04/93/2005 Bflf to P0: Trusses Acct Mgr: Turner SHIP TO: J C Construction BC Lift Station Black Cat Project Meridian, Id Contact: Rob Gu}oott (208} 886-9785 Base Sales ?.0. Amount Tux' Amount Subtotal 2005.17133 Roof Truss 1,794.84 389.74 8,184.58 2005.17133 Hardware 681.52 34.0' T15.59 Totaia 8,476.36 423.82 6.900.18 P.O. Amount: 8,900.18 Truss quotes are subject to change tf not accepted wlthin 30 days and shipped wlthin 60 days of the quote date. Lumber and wall quotes are subject to change if not accepted within 15 days and shipped within 30 days of the quote date. Lumber quotes are based on a best~fforts estimate of material required. Customer is responsible to pay for actual quantities ordered. The terms and conditions listed on the Last page are an important part of this proposal. Customer agrees that he or she has read and unde ands these terms and conditions Thanf~~r ou ° ,. ; ~~ Idaho Truss 8~ ~'i6mponeM Co. ' ~ ~~Z9 .S Quota Date Sales tar, is an estimate prorated by item and may or may not represent the actual tax chargetl 5y iten-. rlia.ci'et S t; ~ ~} qoo - Como _ Gur4 ~- ~ ~ ~ ~,~,~'1. ~-, '#~ )CIAO ~ /IO0 - p~t1"S t Sa'f6dd ~+ `.-. 09lZ9/2006 14:17:18 Is:56 AM • JC Constructors, Inc. 08/28/06 Item Actual Cost Detail As of June 30, 2006 Type Date Num Name Memo Qt Amount Balance Service 140-Black Cat Lift Statlon 30000 EQUIPMENT 30000.35 BUY FUEL 8 MAINT Credit Card Charge 2/12/2005 12444 140-BL.. BUY FUEL A... 1 ~2~80 24.50 Credit Card Charge 2/16/2005 288100 140-BL.. BUY FUEL A... 1 ...•.30.88 55.38 Credit Card Charge 2/18/2005 620971 140-BL.. BUY FUEL A... 1 x:56:37` 111.65 Bili 2/22/2005 414879 140-BL.. BUY FUEL A... 1 '~;7fi;86 188.31 Credit Card Charge 2/22/2005 5910... 140-BI... BUY FUEL A... 1 31.28 219.59 Check 2/24/2005 628 140-BI... BUY FUEL A... 1 64.00 283.59 Bill 2/24/2005 5800... 140-BI... BUY FUEL A... 1 ~ 156.21 439.80 Biil 2/25/2005 996254 140-BI... BUY FUEL A... 1 .-.- 131.09 570.89 Credit Card Charge 2/27/2005 27562 140-BI... BUY FUEL A... 1 28.23 599.12 Bill 2/28@005 FEBO... 140-BI... BUY FUEL A... 1 5.18 604.30 Credit Card Charge 3/3/2005 3264 140-BI... BUY FUEL A... 1 30.38 634.68 Credit Card Charge 3!4/2005 800649 140-BI... BUY FUEL A... 1 75.00 709.68 Credit Card Charge 3/8/2005 8913 140-BI... BUY FUEL A... 1 33.20 742.88 Bill 3/10/2005 29060 140-BI... BUY FUELA... 1 ~- 674.30 1,417.18 Credit Card Charge 3/12/2005 2462... 140-BI... BUY FUEL A... 1 32.27 1,449.45 Credit Card Charge 3/15/2005 015525 140-BI... BUY FUEL A... 1 56.67 1,506.12 Bill 3/19/2005 5921... 140-BI... BUY FUELA... 1 34.70 1,540.82 Credit Card Charge 3/22/2005 022128 140-BI... BUY FUEL A... 1 75.00 1,615.82 Bill 3/23/2005 0064... 140-BI... BUY FUEL A... 1 ~ 461.51 2,077.33 Bill 3/23/2005 P000... 140-BI... BUY FUELA... 1 34.62 2,111.95 Credit Card Charge 3/23/2005 265355 140-BI.. BUY FUEL A... 7.60 2,119.55 Credit Card Charge 3/24/2005 24801 140-BI... BUY FUEL A... 1 32.37 2,151.92 Credit Card Charge 3/25/2005 025715 140-BI... BUY FUEL A... 1 75.00 2,226.92 Credit Card Charge 3/28/2005 001717 140-BI... BUY FUEL A... 1 50.00 2,276.92 Bill 3/30/2005 6262... 140-BI... BUY FUEL A... 1 - 139.37 2,416.29 Credit Card Charge 3/30/2005 0575 140-BI... BUY FUEL A... 1 34.95 2,451.24 Bill 3!31/2005 0064... 140-BI... BUY FUEL A... 'i v 220.59 2,671.83 Credit Card Charge 4/1/2005 5933... 140-BI... BUY FUEL A... ~ 22.04 2,693.87 Check 4/1/2005 631 140-BI... BUY FUEL A... 1 ^.~F@8~B°° 2,801.87 Bill 4/4/2005 0064... 140-BI... BUY FUEL A... 1 v 193.49 2,995.36 Credit Card Charge 4!4/2005 4033 140-BI... BUY FUEL A... 1 32.03 3,027.39 Credit Card Charge 4/6/2005 003138 140-BI.. BUY FUEL A... ~ 50.00 3.077.39 Credit Card Charge 4/8/2005 8546 140-BI.. BUY FUEL A... 1 34.82 3,112.21 Credit Card Charge 4/13!2005 13586 140-BI.. BUY FUEL A... 1 34.32 3,146.53 Credit Card Charge 4/13/2005 2462.. 140-BI.. BUY FUEL A... 1 - 100.00 3,246.53 Credit Card Charge 4/13/2005 D3PD... 140-BI.. BUY FUEL A.. 1 -~ 100.00 3.346.53 Credit Card Charge 4/14/2005 6886.. 140-BI.. BUY FUEL A... 51.27 3,397.80 Credit Card Charge 4/18/2005 018849 140-BI.. BUY FUEL A.. 15.00 3,412.80 Credit Card Charge 4/18/2005 2432.. 140-BI.. BUY FUEL A... 1 32.44 3,445.24 Bill 4/19!2005 0064... 140-BI.. BUY FUEL A.. _, 368.00 3.813.24 Credit Card Charge 4/21/2005 181552 140-BI.. BUY FUEL A.. 37.30 3,850.54 Credit Card Charge 4/22/2005 022416 140-BL. BUY FUEL A.. 30.30 3.880.84 Bill 4!25/2005 0064.. 140-BI.. BUY FUEL A... ~ 358.70 4,239.54 Credit Card Charge 4/26/2005 032477 140-BI.. BUY FUEL A... 54.00 4,293.54 Credit Card Charge 4!27/2005 0890... 140-BI... BUY FUEL A... 1 ~, 100.00 4,393.54 Credit Card Credit 4/28/2005 19913 140-BI... BUY FUEL A... -1 -20.13 4,373.41 Credit Card Charge 4/28/2005 2013... 140-BI.. BUY FUEL A... 1 20.13 4,393.54 Bill 5/2/2005 j57668 140-BI.. BUY FUEL A... 1 , ~ 712.66 5,106.20 Credit Card Charge 5/2/2005 2959 140-BI.. BUY FUELA... 1 35.58 5,141.78 Bill 5/4/2005 5801.. 140-BI... BUY FUEL A... 1~ 2,231.00 7,372.78 Credit Card Charge 5/9/2005 0486... 140-BI.. BUY FUEL A... 1 35.68 7,408.46 Credit Card Charge 5!10/2005 1746 140-BI... BUY FUEL A... 1 35.42 7,443.88 Credit Card Charge 5/12/2005 0717... 140-BI... BUY FUEL A... 1 98.71 7,542.59 Credit Card Charge 5/12/2005 0717... 140-BI... BUY FUEL A... 1 ~, 100.00 7,642.59 Credit Card Charge 5/14/2005 288993 140-BI... BUY FUEL A... 1 30.85 7,673.44 Bill 5/15/2005 11158 140-BI... BUY FUEL A... 1 ~+ 104.98 7,778.42 Credit Card Charge 5/16/2005 049476 140-BI... BUY FUEL A... 1 17.79 7,796.21 Credit Card Charge 5/16/2005 012794 140-BI... BUY FUEL A... 1 8.00 7,804.21 Bill 5/17/2005 0065... 140-BI... BUY FUEL A... 1 ~- 184.99 7,989.20 Credit Card Charge 5/19/2005 052636 140-BI... BUY FUEL A... 1 150.44 8,139.64 Credit Card Charge 5/20/2005 0030... 140-BI... BUY FUEL A... 1 36.30 8,175.94 Credit Card Charge 5/24/2005 2462... 140-BI... BUY FUEL A... 1 ~+ 100.00 8 275.94 Bill 5/25/2005 24710 140-BI... BUY FUEL A... 1 63.60 , 8,339.54 Bill 5/25/2005 24711 140-BI... BUY FUEL A... 1 , __ 129.68 8,469.22 Page 1 e:ss aM ~ JC Constructors, Inc. 0628/os Item Actual Cost Detail As of June 30, 2006 Type Date Num Name Memo Qt Amount Balance Bill 5252005 142297 140-BI... BUY FUEL A... 1 r- 228.75 8,697.97 Bill 5252005 142325 140-BI... BUY FUEL A... 1 ^- 876.10 9,574.07 Bill 5252005 142333 140-BL.. BUY FUEL A.. 1 - 343.32 9,917.39 Credit Card Charge 5252005 2455... 140-BL.. BUY FUEL A... 1 3$:48 9,952.87 Check 5262005 9759 140-BL.. BUY FUEL A... 1 ;3:21` 9,985.08 Bill 6/12005 1657 140-BI... BUY FUEL A... 1 ~- 2 70.00 10,255.08 Credit Card Charge 6/12005 290396 140-BL.. BUY FUEL A... 1 . '3? ~4 10,292.82 Bill 622005 0065... 140-BI... BUY FUEL A... 1 ~ 795.21 11,088.03 Credit 622005 0130... 140-BI... BUY FUEL A... -1 ~\/ -300.19 10,787.84 Credit Card Charge 6/102005 820373 140-BI... BUY FUEL A... 1 32.59 10,820.43 Credit Card Charge 6/152005 15328 140-BI... BUY FUEL A... 1 34.12 10,854.55 Credit Card Charge 6/152005 0000... 140-BI... BUY FUEL A... 1 17.37 10,871.92 Credit Card Charge 6/202005 4934... 140-BI... BUY FUEL A... 1 35.30 10,907.22 Credit Card Charge 6232005 8507... 140-BI... BUY FUEL A... 1 33.40 10,940.62 Bill 624/2005 0065... 140-BI... BUY FUEL A... 1 ~~, 362.53 11,303.15 Bill 6282005 E00471 140-BI... BUY FUEL A... 1 294.92 11,598.07 Credit Card Charge 6/282005 2462... 140.81... BUY FUEL A... 1 36.63 11,634.70 Credit Card Charge 722005 2462... 140-BI... BUY FUEL A... 1 34.88 11,669.58 Credit Card Charge 7/62005 HZJOQ 140-BI... BUY FUEL A... 1 20.00 11,689.58 Credit Card Charge 7/6/2005 9L754Q 140.61... BUY FUEL A... 1 58.49 11,748.07 Credit Card Charge 7/7/2005 AZXT... 140.61... BUY FUEL A... 1 49.37 11,797.44 Credit Card Charge 7/8/2005 048S... 140-BI... BUY FUEL A... 1 34.00 11,831.44 Credit Card Charge 7/10/2005 2471... 140.81... BUY FUEL A... 1 10.00 11,641.44 Credit Card Charge 7/12/2005 AVLG... 140.61... BUY FUEL A... 1 69.94 11,911.38 Credit Card Charge 7!142005 7180... 140-BI... BUY FUELA... 1 38.71 11,950.09 Credit Card Charge 7/192005 0827... 140-BI... BUY FUEL A... 1 ~ 100.00 12,050.09 Credit Card Charge 7/19/2005 0827... 140-BI... BUY FUEL A... 1 v 100.00 12,150.09 Credit Card Charge 7/19/2005 2469... 140-BI... BUY FUEL A... 1 37.21 12,187.30 Bill 7/21/2005 0066... 140-BI... BUY FUEL A... 1 ~ 538.07 12,725.37 Credit Card Charge 7222005 022233 140-BI... BUY FUEL A... 1 18.78 12,744.15 Credit Card Charge 7/27/2005 778951 140-BI... BUY FUEL A... 1 38.14 12,782.29 Bill 7/30/2005 74989 140-BI... BUY FUEL A... 1.~-~ 277.38 13,059.67 Bill 7/312005 1600... 140-BI... BUY FUEL A... 1 22.31 13,081.98 Credit Card Charge 8/9/2005 009590 140.61... BUY FUELA... 1 34.66 13,116.64 Bill 8/10/2005 0066... 140-BI... BUY FUEL A... 1 ~ 241.52 13,358.16 Credit Card Charge 8/10/2005 035263 140.61... BUY FUEL A... L 150.02 13,508.18 Credit Card Charge 8/112005 036293 140-BI... BUY FUEL A... ? 48.90 13,557.08 Credit Card Charge 8/13/2005 013363 140-BI... BUY FUEL A.. 1 38.61 13,595.69 Credit Card Charge 8/18/2005 0855... 140-BI... BUY FUEL A... 66.63 13.682.32 Credit Card Charge 8/20/2005 99780 140-BI... BUY FUEL A... ~ 21.72 13,704.04 Bill 8/22/2005 27655 140-BI... BUY FUEL A... ~ ~- 120.00 13,824.04 Bill 8/22/2005 0107... 140-BI... BUY FUEL A... ~ 61.42 13,865.46 Credit Card Charge 8/24/2005 024824 140-BI... BUY FUEL A... 39.96 13,925.42 Bill 8/24/2005 P000... 140-BI... BUY FUEL A... 1 __-- 469.11 14,394.53 Credit Card Charge 8/25/2005 367292 140-BI... BUY FUEL A... 75.00 14,469.53 Credit Card Charge 8/27/2005 027972 140-BI... BUY FUEL A. 12.38 14,481.91 Credit Card Charge 8/29/2005 029823 140-BL. BUY FUEL A. 42.10 14,524.01 Credit Card Charge 8/29/2005 004185 140-BI... BUY FUEL A... 50.00 14,574.01 Credit Card Charge 8/29/2005 004184 140-BI... BUY FUEL A... ~ 50.00 14 624.01 Credit Card Charge 8/29/2005 35669 140-BI... BUY FUEL A... ~ 38.84 , 14 662.85 Credit Card Charge 8/30/2005 03('593 140-BI... BUY FUEL A... ? 34.85 , 14,697.70 Bill 8/31/2005 0066... 140-BI... BUY FUEL A... 1 ~l 1,066.86 15 764.56 Bill 8/31/2005 0065... 140-BI... BUY FUEL A... 1 3.63 , 15,768.19 Bill 8/31/2005 JULO... 140-BI... BUY FUEL A... 1 23.40 15,791.59 Bill 8/31/2005 0066... 140-BI... BUY FUEL A... 1 2.09 15,793.68 Bill 8/31/2005 1600... 140-BI... BUY FUEL A... 1 37.25 15,830.93 Credit Card Charge 9/1/2005 2462... 140-BI... BUY FUEL A... 1 45.11 15,676.04 Credit Card Charge 9/2/2005 0309... 140.61... BUY FUEL A... 1 88.02 15,964.06 Credit Card Charge 9/8/2005 008980 140-BI... BUY FUEL A... 1 34.61 15 998.67 Credit Card Charge 9/8/2005 2444... 140-BI... BUY FUEL A... 1 28.00 , 16,026.67 Credit Card Charge 9/82005 2633... 140.61... BUY FUEL A... 1 47.31 16,073.98 Credit Card Charge 9/15/2005 015880 140-BI... BUY FUELA... 1 45.84 16 119.82 Credit Card Charge 9/19/2005 019058 140-BI... BUY FUEL A... 1 37.12 , 16 156.94 Bill 9/202005 E44711 140.61... BUY FUEL A... 1 229.18 , 16 386.12 Bill 9202005 E45843 140-BI... BUY FUEL A... 1 161.39 , 16 547.51 Credit Card Charge 9202005 4613 140-BI... BUY FUEL A... 1 25.00 , 16 572.51 Credit Card Charge 9/232005 007735 140.61.. BUY FUEL A... 1 45.76 , 16 618.27 Credit Card Charge 9/282005 136689 140-BL.. BUY FUEL A... 1 ~ `J4:68 '~ , 16,712.95 Page 2 N . ~ AM • 8.56 JC C onstructors Inc. , os/26/os Item Actual Cost Detail As of June 30, 2006 Type Date Num Name Memo Qt Amount Credit Card Charge 9/29/2005 134007 140-BL.. BUY FUEL A... 1 9f„50 Credit Card Charge 9/29/2005 002N... 140-BL.. BUY FUEL A... 1 5p88 Credit Card Charge 9/29/2005 029813 140-BL.. BUY FUEL A... 1 ~- 294:20 Bill 9/30/2005 196881 140-BI... BUY FUEL A... 1 15.56 Bill 9/30/2005 P000... 140-BL.. BUY FUEL A... 1 ,..3p,~ Credit Card Charge 9/30/2005 0860... 140-BL.. BUY FUEL A... 1 `$6:95 Credit Card Charge 9/30/2005 0000... 140-BL.. BUY FUEL A... 1 C~,57 Credit Card Charge 9/30!2005 030906 140-BI... BUY FUEL A... 1 67.01 Bill 10/4/2005 91989 140-BL.. BUY FUEL A... 1 7.96 Bill 10/5/2005 142581 140-BI... BUY FUEL A... 1 997.90 Credit Card Charge 10/5/2005 005982 140-BI... BUY FUEL A... 1 43.37 Bill 10/6/2005 F147... 140-BL.. BUY FUEL A... 1 -96.61 Credit Card Charge 10/6/2005 006790 140-BI... BUY FUEL A... 1 ~- 129.23 Credit Card Charge 10/7/2005 007832 140-BI... BUY FUEL A... 1 51.43 Credit Card Charge 10/7/2005 007635 140-BI... BUY FUEL A... 1 94.00 Credit Card Charge 10/9/2005 3577... 140-BI... BUY FUEL A... 1 47.28 Credit Card Charge 10/11/2005 0864... 140-BI... BUY FUELA... 1 ~ 100.00 Credit Card Charge 10/11/2005 0864... 140-BI... BUY FUEL A... 1 ~ 100.00 Credit Card Charge 10/11/2005 7102... 140-BI... BUY FUEL A... 1 61.40 Bill 10/12/2005 0067... 140-BI... BUY FUEL A... 1 ~ 485.06 Bill 10/14/2005 0109... 140-BI... BUY FUEL A... 1 10.20 Credit Card Charge 10/14/2005 2441... 140-BI... BUY FUEL A... 1 ~ -~ 226.20 Credit Card Charge 10/15!2005 218123 140-BI... BUY FUEL A... 1 75.00 Credit Card Charge 10/15/2005 218149 140-BI... BUY FUEL A... 1 13.21 Credit Card Charge 10/15/2005 843060 140-BI... BUY FUEL A... 1 75.00 Credit Card Charge 10/15/2005 843078 140-BI... BUY FUEL A... 1 74.75 Credit Card Charge 10/15/2005 2462... 140-BI... BUY FUEL A... 1 46.31 Credit Card Charge 10/20/2005 244053 140-BI... BUY FUEL A... 1 75.00 Credit Card Charge 10/20/2005 244095 140-BI... BUY FUEL A... 1 75.00 Credit Card Charge 10/21/2005 8564... 140-BI... BUY FUEL A... 1 44.03 Credit Card Charge 10/24/2005 260661 140-BI... BUY FUEL A... 1 14.41 Credit Card Charge 10/24/2005 260638 140-BI... BUY FUEL A... 1 75.00 Credit Card Charge 10/26/2005 102605 140-BI... BUY FUEL A... 1 43.83 Bill 10/28/2005 0067.. 140-BI... BUY FUEL A... 1 ~ 338.39 Bill 10/31/2005 R669... 140-BI... BUY FUELA... 1 134.51 Credit Card Charge 10/31/2005 0873... 140-BI... BUY FUEL A... 1 78.85 Credit Card Charge 10/31/2005 031599 140-BI... BUY FUEL A... 1 ~ 100.00 Bill 11/1/2005 G75581 140-BI... BUY FUEL A... 1 ~- 130.00 Credit Card Charge 11/1/2005 001224 140-BI... BUY FUEL A.. 1 95.00 Credit Card Charge 11/3/2005 662654 140-BI.. BUY FUEL A... 1 75.00 Credit Card Charge 1115!2005 7110... 140-BI... BUY FUEL A... 1 41.81 Credit Card Charge 11/8/2005 008806 140-BI... BUY FUEL A.. 1 37.64 Bill 11/10/2005 0067... 140-BI.. BUY FUEL A... 1 ~ 341.52 Credit Card Charge 11/10/2005 3589... 140-BI.. BUY FUEL A.. 1 40.28 Credit Card Charge 11/15/2005 015531 140-BI.. BUY FUEL A. 37.28 Credit Card Charge 11/18/2005 2445... 140-BI_ BUY FUEL A... 33.08 Credit Card Charge 11/21/2005 2462... 140-BI BUY FUEL A. 1 48.99 Credit Card Charge 11/23/2005 023331 140-BI.. BUY FUEL A... 1 35.62 Credit Card Charge 11/29/2005 029603 140-BI... BUY FUEL A... 1 33.32 Bill 11/30/2005 R674.. 140-BI... BUY FUELA... 1 -- 138.08 Bill 11/30/2005 0717... 140-BI... BUY FUEL A... 1 12.60 Credit Card Charge 12/2/2005 002748 140-BI... BUY FUEL A... 1 34.01 Bill 12/2/2005 P000.. 140-BI... BUY FUEL A... 1- - 104.16 Bill 12/3/2005 449215 140-BI... BUY FUEL A... 1 70.00 Bill 12!4/2005 pc000... 140-BI... BUY FUEL A... 1 1.51 Credit Card Charge 12/6/2005 457655 140-BI... BUY FUEL A... 1 31.95 Credit Card Charge 12/8/2005 7122... 140-BI... BUY FUEL A... 1 31.18 Credit Card Credit 12/8!2005 03477 140-BI... BUY FUEL A... -1 -30.35 Bill 12/9/2005 0068... 140-BI... BUY FUEL A... 1 ~ 383.28 Credit Card Charge 12/12/2005 012315 140-BI... BUY FUEL A... 1 37.64 Credit Card Charge 12/13/2005 013456 140-BI... BUY FUEL A... 1 18.75 Credit Card Charge 12/17/2005 2462... 140-BI... BUY FUEL A... 1 30.49 Credit Card Charge 12/21/2005 2462... 140-BI... BUY FUEL A... 1 32.40 Bill 12/22/2005 P000... 140-BI... BUY FUEL A... 1 114.78 Credit Card Charge 12/24/2005 2416... 140-BI... BUY FUEL A... 1 29.95 Bill 12/25/2005 P000... 140-BI... BUY FUEL A... 1 8.60 Bill 12/28/2005 P000... 140-BI... BUY FUEL A... 1 20.58 Bill 12!28/2005 P000... 140-BL.. BUY FUEL A... >_ _ 255.86 Balance 16,809.45 16,860.13 17,154.33 17,169.91 17,200.45 17,287.40 17,353.97 17,420.98 17,428.94 18,426.84 18,470.21 18,566.82 18,696.05 18,747.48 18,841.48 18,888.76 18,988.76 19,088.76 19,150.16 19,635.22 •-- 19,645.42 19,871.62 19,946.62 ~~7 i110 C~,3S 19,959.63 ; r 20,034.63 ~~ 20,109.58 20,155.89 ~'~ ~ (, 20,230.69 20,305.89 20,349.92 20,364.33 20,439.33 20,463.16 20, 621.55 20,956.06 21,034.91 21,134.91 21,264.91 21,359.91 21,434.91 21.476.72 21,514.36 21,855.88 21,896.16 21.933.44 21,966.52 22.015.51 22,051.13 22,084.45 22,222.53 22.235.13 22,269.14 22,373.30 22,443.30 22,444.81 22,476.76 22,507.94 22,477.59 22,860.87 22,898.51 22,917.26 22,947.75 22,980.15 23,094.93 23,124.88 23,133.48 23,154.06 23,409.92 Page 3 w , 13:5s AM ` ~ JC Constructors, Inc. o6/2a/os Item Actual Cost Detail As of June 30, 2006 Type Date Num Name Memo Qt Amount Balance Credit Card Charge 1/2/2006 354764 140-BI... BUY FUEL A... 1 29.88 23 439 80 Bill 1/3/2006 8190 140-BI... BUY FUEL A... 1 420.00 , . 23 859 80 Credit Card Charge 1/72006 86872 140-BL.. BUY FUEL A... 1 ;3f1.73 , . 23 890 53 Credit Card Charge 1/10/2006 7133... 140-BI... BUY FUEL A... 1 ~'~` , . 950 23 53 Credft Card Charge 1/112006 14528 140-BL.. BUY FUEL A... 1 ~'`' , . 23 981 89 Credit Card Charge 1/13/2006 1044... 140-BL.. BUY FUEL A... 1 $~ , . 015 78 24 Credit Card Charge 1/16/2006 016510 140-BL.. BUY FUEL A... 1 ' , . Credit Card Charge 1/18/2006 7136... 140-BI... BUY FUEL A... 1 ~5. 0 24 077 52 Credit Card Charge 1/18/2006 2425... 140-BI... BUY FUEL A... 1 -- 214.55 , . 24 292 07 Bill 1/19/2006 H53704 140-BI... BUY FUEL A... 1 62.58 , . 24 354 65 Credit Card Charge 1/20/2006 4676 140-BI... BUY FUEL A... 1 43 65 , . 24 398 30 Bill 1/24/2006 H53860 140-BI... BUY FUEL A... 1 . 10.50 , . 24 408 80 Credit Card Charge 1/25/2006 025180 140-BI... BUY FUEL A... 1 30.29 , . 24 439 09 Credit Card Charge 1/25/2006 2445... 140-BI... BUY FUEL A... 1 34.54 , . 24 473 63 Credit Card Charge 1/31/2006 7046 140-BI... BUY FUEL A... 1 59.62 , . 24 533 25 Bill Credit Card Charge 2/2!2006 2/4/2006 33129 004935 140.81... 140-BI BUY FUEL A... BUY FUEL A 1 1 146.99 , . 24,680.24 Credit Card Charge 2/8/2006 008272 ... 140-BI... ... BUY FUEL A... 1 35.89 35 37 24,716.13 24 751 50 Credit Card Charge 2/11/2006 2462... 140.81... BUY FUEL A... 1 . 30.46 , . 24 781 96 Bill Credit Card Charge 2/14/2006 2/16/2006 0069... 016862 140-BI... 140-BI BUY FUEL A... BUY FUEL A 1 1 ~+ 308.32 , . 25,090.28 Credit Card Charge 2/20!2006 2469... ... 140.81... ... BUY FUELA... 1 34.14 34.24 25,124.42 25 158 66 Credit Card Charge 2/22/2006 Ia0375 140-BI... BUY FUEL A... 1 13.22 , . 25 171 88 Credit Card Charge 2/22/2006 2445... 140-BI... BUY FUEL A... 1 36.85 , . 25 208 73 Credit Card Charge 2/24/2006 2425... 140-BI... BUY FUEL A... 1 10 00 , . 25 218 73 Credit Card Charge 2/25/2006 2471... 140-BI... BUY FUEL A.. . 10 00 , . 25 228 73 Credit Card Charge 3/1/2006 255 140.61... BUY FUEL A... ~ . 33 84 , . 25 262 57 Credit Card Charge 3/131200fi 3664... 140-BI... BUY FUEL A... 1 . 76.04 , . 25 338 61 Credit Card Charge 3!13/2006 140-BI... BUY FUEL A.. 1 37 25 , . 25 375 86 Credit Card Charge 3!14/2006 014285 140-BI... BUY FUEL A... ~ . 36 31 , . 25 412 17 Credit Card Charge 3/15/2006 015061 140-BI.. BUY FUEL A.. 1 . 6.78 , . 25 418 95 Credit Card Charge 3/25/2006 2633... 140-BI.. BUY FUEL A... 1 81 10 , . 25 500 05 Bill 3/28/200fi 4100... 140-BI BUY FUEL A. 1 . 46.44 , . 25,546.49 Total 30000.35 BUY FUEL & MAINT 25,546.49 25,546.49 Total 30000 EQUIPMENT 25.546 49 25.546.49 Total 140-Black Cat Li ft Station 25,546.49 25.546.49 Total Service 25.546.49 25,546.49 TOTAL 25,546.49 25,546.49 ~- ,- J~ '~ - • ,__ , k ..r, r ._ 1 + ` IDr ~ ~ t ~ `~'. :, ~ ~, c E v ~ ~i:.~ r ~ ~• _~~ Page 4 ~,,,~ August 4, 2006 MERIDIAN CITY COUNCIL MEETING AUgUSt $, 2006 APPLICANT ITEM NO. S-L REQUEST Water Main Easement Agreemtn for Lot 3, Block 5, of Bonito Subdivision with EI Dorado Hotel Partners, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: $ee afbched CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 8 ~~'~~ 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 pubpc meetln~s shall become property of the CNy of Meridian. City of Melridian Public Wolrks Dept. Memo RECEIVED .~UL 2 ~ 2000 City Of 1Vleridian City Clerk Office To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 7/27/2006 Re: Proposed Agenda Items for 8/8/06 City Council Meeting The Public Works Departrnent respectfully requests that the following items be placed on the 8/8/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Lot 3 Block 5 Bonito by EI Dorado Hotel Partners LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Lot 3 Block 5 Bonito by EI Dorado Hotel Partners LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this ,2 i~ day of ~ ~! 200(0 between El Dorado Hotel Partners LLC, and Kimball Properties Limited Partnership, the parties' of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the,pariy of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement Marriot Water EASMT effect and shall be completely relinquished. CJ THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title-and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Kimball Properties Limited Partnership ~, Winston H. ore, g ra er STATE OF IDAHO ss County of Ada ) On this ~ ~ day of 1 <-~. / 20 before me, the undersi e a No gn d, tart' Public in and for said State, personally app ared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~*~ ~~ ~, .~ ~+'UBL~,G NOTARY P ~IC~ FOR IDAHO Residing at L~" X~'I lO Commission Expires: _ ~~ .~, ~ _ O (~ Water Main Easement Marriot Water EASMT ~---------~----------.t.---------~ 1 1 I STATE OF CALIFORNIA ) 1 ) ss. 1 COUNTY OF RIVERSIDE } I 1 On ~~ 2006 before me, Noreen M. Tripp=Hudson, Notary Public, personally appeared 1 I ~ S ~~~ ,proved to me on the basis of I satisfactory evidence to be the person(s) whose name(s) isf~ subscribed to the within instrument and 1 acknowledged to me that he/shzy executed the same in hi`sl~'_~ir authorized capacity(~s), and that by 1 I his/her signature( on the instrument the person(a), or the entity upon behalf of which the person( acted, I executed the instrument. 1 1 I WITNESS my hand and official seal. I 1 *' NOREEt+I M. TRIPP-HUDSON ~ 1 %/~~~/_~ V COMIVL # 1478105 ' ~~/// NOTARY PUBCfC-CALIFORNIA ~ RIVERSIDE COUNTY (;f 1 tary Public S ~ tur ~ COQ. IXP• MARCH 2I, 2W8 -~ 1 I I 1 1 OPTIONAL INFORMATION I 1 The information below is not required by law. However, it could prevent fraudulent attachment of this 1 I acknowledgement to an unauthorized document. I 1 1 CAPACITY CLAIl1'IED BY SIGNER (PRINCIPAL) DESCRIPTION OF AST, T;A~CHED DOCUMENT I 1 ~IIVDIVIDUAL ~//~ifT//" ~~T 1 I TITLE OR TYPE OF DOCUMENT I CORPORATE OFFICER s.~x /~A~~ 1 1 I ~~~~ NUMBER OF PAGES I Title(s) PARTNER(S) DATE OF DOCUMENT I 1 ATTORNEY-IN-FACT 1 OTHER TRUSTEE(S) 1 1 GUARDIAN/CONSERVATOR I 1 _ OTHER: RIGHT THUMBPRINT OF SIGNER 1 ~ B 1 1 1 I SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 1 I I 1 1 I I 1 1 I~ I GRANTOR: El Dorado Hotel Partners, LLC 13y 6.6~~ William E. Swank, Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss On this day of 20,_, befo me, the undersigned, a Notazy Public in and for said State, personally eazed William E. S known or identified to me to be the a manager of El Dorado Hotel Panne LLC, and he d acknowledged to me that he executed the within instrument on behalf of said LL d that sai LLC executed the same. IN WITNESS WHEREOF, I have hereunto set mend and affixed my official seal the day and year first above written. f~ at Y PUBLIC FQR CALIFORNIA Expires: Water Main Easement Marriot Waxer EASMT GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Marriot Water EASMT _. __. ~ ~ ~~ ^ ^ Quadrant Consulting, Inc. EXHIBIT A Water Mahn Easement Description Meridian Marriot A Water Main easement located on a portion of Lot 2 and a portion of Lot 3 of Block 5, of the Bonito Subdivision, as filed in Book 86 of Plats at pages 9783 thru 9788, Instrument Number 103142839 and Amended by an Affidavit, recorded as Inshvment No. 103170815, Ada. County Records situated in the East %z of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the Southwest Corner of said Lot 2 also being the Southeast Corner of said Lot 3, thence along the South boundary of said Lot 2, South 73°24'00" East 20.35 feet to the West line of a Water Main easement recorded as Instrument Number 106060852, records of Ada County; thence following said West line North 16°39'54" East 5.66 feet; thence North 0°00'00" East 45.55 feet to the POINT OF BEGINNING; thence continuing along said West line North 00°00'00" East 20.00 feet; thence leaving said West line North 90°00'00" West 36.13 feet; thence South 00°00'00" West 20.00 feet; thence South 90°00'00" East 36.13 feet to the POINT OF BEGINNING. Said easement is subject to existing easements of record and of use and contains ?23 square feet, more or less. Water Main Easement Marriot Water 1904 W. Overland • Boise, tD $3705 • Phone (208j 34g~~T Fax (208) 342-0092 • Emaif: quadrantQquadrant.cc Civil Engineering • Surveying • Construction Management LOT 3 oo°o o~ o ro O fV 0 POINT OF NEW WATER ~~ ^^ quadrant EXHIBIT B Consulting, inc. CITY OF MERIDIAN WATER MAIN EASEMENT MERIDIAN MARRIOT PROJECT I•~•.~.~.'.'.~.':':•:•:':':•:•.'1 I~••':•:':':•:':':':•:':':':': a i~~~:':':':':~:':':':':•:':' j I~'~~.•.~.•.':•:•:•:'.•:':':':• 1 BLOCK 5 I:•;•;•;•;•:•:•:•:•:•:•:•:•:•: 1 PARCEL B'•'•;•;•;•;•;•;• j f R.O. S... 6:483.•.•.•.•.•.•. ~ (ADJUSTED LOT 2•};•; ;• G'••~'~'~•~'~'~'~•~'~'~'.'~ ~.•.•.•.•.':':•:':':•:•:':':':•:':':•:•:':•.•:•::•i I:':•:•:•:•:•:':•:':•:':':•:':: ':::':':•:':•:':':•:':•:•:•:•:':•:•:•:•:':•:•:•:'I ~F ~ z' ............ ....'.'.'.'.'.' 0 0.......... ~ 0 0......... GRAPHIC SCALE 0 20 ( IIJ FEET ) ;r-~n = 20 ft. o N'.".'.'.'.'.'.'.'.'. EXISTING WATER MAIN EASEMENT z°:•:•:•:: ; :: ~ INST. #106060852 S90°00'00"E •'•'•'•'.'.'.'.'.'.'.'.'. , 6.13 I ..::::::::.:.:.:.:.:.:•:.:.... 1 • L'.'.'.'.'.'.'.'.'.'.'.'.'.'• ~ BEGINNING ~~•~':•:•:':•.•:•:':':.;.:.;:;1'l MAIN CASEMLN 1 w I•••~•~•~•'•'•'•'•'•'•'.'.'.'.'•{ I ......•....... it ~.•. ......~ LOT 7 ol.~.......... ~ I•. ~.'.~.'.•.~•'.'.'.•.'.'. ~~ I'.•:•:•:•:•:•:•:•:':'::: 1 S~32q ..............'. ~{ ,00 f ~'•'•'-'•'•'•'•'•'•~•'•'•'•~•'• 20.35. ~•~•;•,•,•,•;•;•;•;•;•; '• EAST TARPON N16'39'S4"E ORS ~ 5.66' .1904 W. Overland Boise, ID 83705 • Phone (208J 342-0091 Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management C~ August 4, 200b MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 200b APPLICANT ITEM NO. S-M REQUEST Water Main Easement for the Eagle Road - 184 to Franklin (Water Main Elocate) Project with St. Luke's Meridian Medical Center AGENCY COMMENTS CITY CLERK: CITY ENGINEER: S®e aHached 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: C~ Phone: Tarr mma~s: Materials presented at pubOc meettn~ shall become property of the City of Meridian. Memo To: Will Berg; Tara Green From: Max Jensen, Engineering Technician ~tECE JUL~g100v CC: Clint Dolsby, P.E., Staff Engineer City of 1Viericiia8 City Clerk ®ffiee Date: 7/28/2006 Re: Proposed Agenda Item for August 8, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the August 8 City Council agenda, under Consent Agenda, for Council's consideration: Water Main Easement for the Eagle Road - 184 to Franklin (Water Main Relocate) Project. The Water Main Easement for this project was to be done after construction was complete. Recommended Council Action: The Public Works Department recommends that City Council approves the Water Main Easement for the Eagle Road - 184 to Franklin (Water Main Relocate) Project. Thank you for your consideration. I will forward original documents for signatures upon review. Please contact me if you have any questions. • Page 1 C~ ~~~~~ ~~~ WATER MAIN EASEMENT r~s~~ucrro~ DEPgRT~~rvi° THIS INDENTURE, made this day of , 2006 between SLMMC, the parties of the first part, hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair and replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the waterline, Grantee shall restore the area of the easement and adjacent properly to a condition equal to that which existed prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement Page 1 of 5 • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described in this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfiilly seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO) )ss CONUTY OF ADA) On this ~5+ day of , 200 io, before me, the undersigned, a Notary Public in and for state, personally appeared f known or identified to me to be the ~'''` s ^ ~ .e and , ,respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first ~~v~written. .•••``' wu' y •'°otir 8~ ...~ ate'' 4 ~~• v~'~ oK AR Y * ~ Notary Public fo the State of Idaho ti ~.r G ~ Residing at ~ p ~ S .~ is ~ PUBy1 ~ ~ My Commission Expires q ~ 2,8_ Q 7 •. $ '•... TE Og 1,.'. Water Main Easement Page 2 of 5 • ~ • GRANTEE: Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council STATE OF IDAHO) )ss CONUTY OF ADA) On this day of , 2006, before me, the undersigned, a Notary Public in and for state, personally appeared Tammy de Weerd and William G. Berg, Jr., known or identified 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 in this certificate first above written. Notary Public for the State of Idaho Residing at My Commission Expires Water Main Easement Page 3 of 5 EXIiIBIT A WATER LINE EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO ST. LUKES MERIDIAN MEDICAL CENTER A twenty foot wide easement for water line purposes located in the NW 1/a of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, with said easement lying ten feet on each side of the following described centerline: Commencing at a brass cap monument marking the southwesterly corner of said NW 1/4 from which a brass cap monument marking the northeasterly corner of said NW 1/4 bears N 0°22' 14" W a distance of 2652.92 feet; Thence N 0°22' 14" W along the westerly boundary of said NW I/4 a distance of 800.20 feet to a point; Thence leaving said westerly boundary N 89°37'46" E a distance of 145.76 feet to a point on the centerline of the waterline easement described in Instrument Number 100046623 and also being the POINT OF BEGINNING; Thence leaving said waterline easement N 0° 10' S7" E a distance of 218.52 feet to a point; Thence N 42°44'35" E a distance of 46.30 feet to a point; Thence N 0°15'33" E a distance of 94.94 feet to a point; Thence N 43°05'59" E a distance of 66.69 feet to a point; Thence N 0°24'56" E a distance of 86.63 feet to the POINT OF TERMINATION. This parcel contains 10,260 square feet, more or less, and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS ~;, Civil Survey Consultants, Incorporated ,~ June 29, 2006 _ ~ ~~c ~~ . ~~ Water Main Easement Page 4 of 5 EXHIBIT B CITY OF MERIDIAN WATER MAIN EASEMENT ~_ - VF, SCALE: NONE LOCATION MAP PREPARED BY CNIL SURVEY CONSULTANTS, INC. EASEMENT 1400 E. WATERTOWER ST. AREA SUITE 100 MERIDIAN, IDAHO 83642 (208)888-4312 CS 7..a.._ L d_.._ t-~ _ _ _ _ _ _ _ . fly[ _ °° ~: I, o ~ ~° ~~ ~~ ~ ~~; ma. m~.m. o~ ~~=~~ ®~ 1 [ T [ ^ t TAT [ - [ •___-_.. `_ -_-~___,__---___. . ~.~... I~iGLlil L4J\.llllilll Page 5 of 5 S~b.9 b. A ~UL 2 4 2000 P'f?~~C',TQ) ~S'TI~`~it k~~p~DTN.~nt'i. WATER MAIN EASEMENT THIS INDENTURE, made this day of , 2006 between SLMMC, the parties of the first part, hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair and replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the waterline, Grantee shall restore the area of the easement and adjacent property to a condition equal to that which existed prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement Page 1 of 5 THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described in this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO) )ss CONUTY OF ADA) +~- On this ~S day of , 200, before me, the undersigned, a Notary Public in and for state, personally appeared ~ r and ;known or identified to me to be the Y• P ~ I +rt2 nc .e., and ,respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •••~pnw ~• ,~OTq$~ ~ Notary Public for the S~,ate of Idaho e yt. _ ~,•~ ,k Residing at _ _ p ~ ~e p G My Commission Expires 9. Z$_ d 7 • UBLl ~'•.,~~' OF I9@,.••• Water Main Easement Page 2 of 5 i +~ GRANTEE: Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO) )ss CONUTY OF ADA) On this day of , 2006, before me, the undersigned, a Notary Public in and for state, personally appeared Tammy de Weerd and William G. Berg, Jr., known or identified 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 in this certificate first above written. Notary Public for the State of Idaho Residing at My Commission Expires Water Main Easement Page 3 of 5 ~ ~ EXHIBIT A WATER LINE EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO ST. LUKES MERIDL~N MEDICAL CENTER A twenty foot wide easement for water line purposes located in the NW 1/a of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, with said easement lying ten feet on each side of the following described centerline: Commencing at a brass cap monument marking the southwesterly corner of said NW %a from which a brass cap monument marking the northeasterly corner of said NW 1/4 bears N 0°22' 14" W a distance of 2652.92 feet; Thence N 0°22' 14" W along the westerly boundary of said NW 1/4 a distance of 131.47 feet to a point; Thence leaving said westerly boundary N 89°37'46" E a distance of 68.98 feet to a point on the easterly right-of--way of Eagle Road and also being the POINT OF BEGINNING; Thence leaving said easterly right-of--way N 55°20' 17" E a distance of 195.20 feet to a point on the centerline of the waterline easement described in Instrument Number 100046623, said point also being the POINT OF TERMIl~TATION. This parcel contains 3,900 square feet, more or less, and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated June 29, 2006 Water Main Easement Page 4 of 5 EXHIBIT B ,; CITY OF MERIDIAN '. ~ ~ ' WATER MAIN EASEMENT I ' ~! ~ ,, ~' i W ~ ~ , I 4; I /1/ LQL '' E fit, ' ~I~ I I I'. ~ '~' ',, I ' ~ ~ ~ II; I 1 II_ Il~ ~_ W I ~~~Q W I ~ r II ~ ~I~ ~ I~1 ~ ~ I' ~^J t ~* I.. ,N ~ ~ ~ ~! ~ ' ~ ~ ~~ ' ~ i G ~; i1 ; ~ ~ ~ '. ; N '~ , k ~ ~ 4 ~~ I ~~ ~ I I ~ ~ ~ ' ~ w : Y ~ t ~I ~ ~ il i , ~ , I Q ~ :- J k l i ~ ~ ; 'l ~ ~ ~ iI ~~ N ~ . li i ~ ~ ~ ~ 4 i : ~ I' I ~ I il 1 I ( ~ f ~ . f ~ ~ LLJ ~ ~ : II! I ; ~ -I I SC ALE: NONE ~ . ~ ' p ' i~ ~ 11 I ' . ~G ~ II C~ Q W I ~~. I ,~ ,.. .,, ~~ ~. i POINT '~1ikL~ F, I OF BEGINNING C w z PREPARED BY CIVIL SURVEY CONSULTANTS, INC. 1400 E. WATERTOWER ST. SUITE 100 MERIDIAN, IDAHO 83642 (208)888-4312 ING EASEMENT' NO. 100046623 ~£' ,''~ ~° / g~. /.~ ,, l~ e, ~~~ LOCATION MAP ~~ , ~ Y ~~ } sY m G 114* ; ~'m~i~ ~ om ~. • f ~~~j ~ ' smm ~~,. e © I i ~ ~ ~ e_e I EASEMENT~~eea - m AREA ~ I ~~~~ o~~=o~ eme I ~ ~_ `1 _ --- --- -- _ u ___ ------ ---- Page 5 of • • August 4, 2006 MERIDIAN CITY COUNCIL MEETING AugUSt 8, 2006 APPLICANT ITEM NO. S-N REQUEST Wastewater Treatment Faciltiy Process Enhancement Study for Miscellaneous Wastewater Projects with HDR Engineering, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: G'L~ / CITY PARKS DEPT: ~l, MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pubec meeflnys shag become property of the Cffy of Meridian. • Ci ty of Mer id ian Pu bl ic Wor ks De pt. • RECEIVED ~~ ~ ~ 3 2006 Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 08/03/2006 city Of Mericlian City Clerk Office Re: Proposed Agenda Items for August 8, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the August 8 City Council agenda, under Consent Agenda, for Council's consideration: Wastewater Treatment Facility Process Enhancement Study HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $20,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18"' of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the evaluation of various treatment process options that could be implemented at the existing wastewater treatment facility to improve plant performance and increase capacity further than planned under the current expansion. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Facility Process Enhancement Study with HDR Engineering, Inc. for $20,000 and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Naomi Farms LP A permanent and temporary easement has been signed Naomi Farms LP for the construction of the pressure sewer on their property for the North Black Cat Project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this properly for the North Black Cat Project and authorize the Mayor to sign it. • Page 1 • . Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 T • • SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 20_, between City of Meridian ("OWNER"), a municipal corporation through its Public Works Department with principal offices at 660 E Water Tower Lane, Suite 200 Meridian, Idaho 83642-2300, and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 for services in connection with the project known as Wastewater Treatment Facility Process Enhancement ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of per diem. Ab Bement for Professional Services 1 1-1999 • The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Compensation terms are defined as follows: Per Diem shall mean an hourly rate equal to Direct Labor Cost times a multiplier of three point two (3.2) to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (10%) to invoices received by ENGINEER from subconsultants and subcontractors to cover supervision, administrative, and insurance expenses. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services described in Exhibit A within a reasonable period of time. Unless otherwise stated in this Agreement, the rates of compensation for ENGIlVEER'S services have been agreed to in anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGIlVEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. A~eement for Professional Services 2 1-1999 • !- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Meridian "OWNER" BY: NAME: Tammy de Weerd, Mayor Attest: William G. Berg, Jr. City Clerk Approved by City Council: ADDRESS: 33 East Idaho Avenue Meridian, ID 83642-2300 HDR ENGINEERING, INC. "ENGINEER" BY: 4 NAME: Larry V. Hoffman TITLE: Vice Presirient ADDRESS: River Quarry at Parkcenter Blvd 412 E Parkcenter Blvd Suite 100 Boise, ID 83706-6659 Agreement for Professional Services 3 1-1999 • EXHIBIT A SCOPE OF SERVICES • Exhibit A SCOPE OF SERVICES for Wastewater Treatment Process Enhancements For THE CITY OF MERIDIAN BACKGROUND In the 1990s, the Treasure Valley was the fourth fastest growing urbanized area in the United States by percentage. Idaho is the sixth fastest growing state in .the nation at nearly double the national average growth rate (10.4%). Meridian has been at the center of this rapid growth as the number of building permit applications had increased approximately 50 percent from 2003 to 2004. This rapid growth has challenged City infrastructure managers to increase capacity of City public works services. On October 26, 2005, HDR presented to the City of Meridian Public Works Engineering and Wastewater Department staff four process options that can be expected to increase capacity at the City's wastewater treatment facility. These options would make use of existing infrastructure and gain additional capacity prior to the 2006 peak flows, the highest Meridian has experienced, resulting from the rapid growth. The process options that HDR has presented were: (1) Convert small, abandoned primary clarifiers to gravity thickeners/fermenters (2) Use abandoned rectangular secondary clarifiers for expansion of aeration basin capacity (3) Side stream ammonia treatment of centrate return (4) Chemical addition, e.g., alum, to primary clarifier The rated capacity of City of Meridian Wastewater Treatment Plant is currently approximately 6 mgd. In June of 2006, the plant influent flow rate increased to 5.4 mgd. The maximum month flow rates are usually in August and September and flow rates greater than 6 mgd are expected. Wastewater managers have been concerned about the performance of the treatment plant as the flows increase beyond the rated capacity of the plant. In June, the Assistant Wastewater Superintendent contracted with Weschem to setup alum addition to the primary clarifiers (Process Option #4, above). This_process adjustment has increased the BOD removal efficiency of the primary clarifiers and increased available capacity downstream. Meridian's capital improvement program has included plans to design and construct a new treatment plant adjacent and parallel to their existing plant in the 2010 to 2015 timeframe. As a result of the recent capacity challenges resulting from record growth, the City plans on advancing. this second wastewater treatment plant to the 2006 to 2008 timeframe. The City is also currently expanding capacity of the existing wastewater treatment facility by adding two new aeration basins, adding new primary and secondary clarifiers, and the City will soon begin construction on a new anaerobic digester. The City expects maximum monthly flows to approach the new capacity of the existing wastewater treatment facility upon completion of .the current expansion project. The new capacity will be 9 mgd. The Public Works Department has requested a scope of services from HDR Engineering to formally evaluate various treatment process options that could be implemented at the existing wastewater treatment facility to improve plant performance and increase capacity further than planned under the current expansion. Three scenarios will be considered in this evaluation: 1. Current facility configuration. 2. Future facility configuration with 2007 completion of the liquid process stream, 3. Future facility configuration with 2008 completion of the solids process stream City of Meridian -1- Wastewater On-Call Services HDR Engineering, Inc. Treatment Process Enhancements 7/31/2006 Scope of Services SCOPE OF SERVICES The purpose of this project is to identify the baseline conditions of the existing system and to determine potential opportunities for enhancements to both the existing system and the system to be constructed in the near future. The overall project objective is to identify new capacity from new, orsoon-to-be-constructed, facilities; enhance process stability; provide ideas for near-term (quickly constructed) retrofits; and remain compatible with anticipated future NPDES discharge requirements. HDR proposes to implement this project by providing the following professional Services. Services are structured by two phases. The first phase is a review of wastewater treatment processes. The second phase is further development of ideas the City elects to explore further. For this scope of services, only the first phase is included in the project budget and schedule. Phase 1 -Wastewater Treatment Review Task 101: Review Draft Wastewater Facility Plan Objective: The objective of Task 101 is to review previous efforts documenting basis of design, treatment plant performance, and proposed future facilities. Activities: • Obtain from Meridian a copy of the Final Draft 2004 Wastewater Facility Plan. • Obtain City comments on the Final Draft 2004 Wastewater Facility Plan. • Obtain a copy of the conforming construction contract documents or as-built record drawings for recently completed, ongoing, and soon-to-be-bid construction projects. • Review the Final Draft 2004 Wastewater Facility Plan for wastewater process flows, loadings, and performance. • Notification of review by HDR to Carollo. Assumptions: • -Meridian Public Works staff will provide the Final Draft 2004 Wastewater Facility Plan. • Meridian Public Works staff will provide a copy of the conforming construction contract documents or as-built record drawings for recently completed, ongoing, and soon-to-be-bid construction projects at the wastewater treatment facility. • HDR is required under Idaho Administrative Code to notify Carollo that it is reviewing their engineering report (Final Draft 2004 Wastewater Facility Plan). Deliverables: None. Task 102: Establish Baseline Conditions Objective: The objective of Task 102 is to identify background treatment performance of the headworks, primary systems and secondary systems, and solids processing. Activities: • Obtain from Meridian a copy of the NPDES permit application and subsequent requirements. • Obtain Meridian's estimate of wastewater quantities (flows) and quality (constituent concentration by parameter, including conventional pollutants, metals, and priority pollutants). • Review original basis of design (design criteria) for wastewater treatment processes provided by Meridian. City of Meridian -2- Wastewater On-Call Services HDR Engineering, Inc. Treatment Process Enhancements 7/31/2006 Scope of Services • • Review the basis of design for future modifications to the facility that may impact wastewater flows or characteristics, including primary and secondary clarifiers, aeration basins, and future anaerobic digester that are intended to bring the plant to 9 mgd capacity. Assumptions: • Meridian Public Works staff will provide the base flow and loading conditions for influent and effluent flow and loadings through the wastewater treatment facility. • Meridian Public Works staff will provide the NPDES permit application for the existing wastewater treatment facility. • HDR will identify specific information not received during the information gathering phase that is critical to the development of wastewater management altematives. If key information is unobtainable, then additional tasks may be required to obtain the information. • HDR will attend a single project meeting with Meridian Public Works staff and up to two HDR representatives to review the base flow and loading conditions for the analysis of alternatives. Deliverables; • One meeting with Meridian Public Works. Task 103: Conceptualize Potential Treatment Optimization Opportunities Objective: Conceptualize wastewater treatment improvements/altematives, assess the near-term potential retrofit of the existing wastewater treatment plant, and discuss compatibility with future requirements and merit for further analysis. Activities: • Define up to four treatment process enhancement opportunities and preliminary design and sizing criteria. • Formulate and describe process enhancements. • Reference other wastewater treatment facilities to establish the potential for improved capacity or performance. • Gather preliminary vendor information on enhancement processes and costs. Assumptions: • Up to four process enhancement options will be developed. • HDR will identify specific information not received during the information gathering phase that is critical to the developmen# of wastewater management altematives. If key information is unobtainable, then additional tasks may be required to obtain the information. Deliverables: • HDR will conduct a workshop which describes the range of potential wastewater management enhancements and a preliminary evaluation of treatment technologies. Task i04: Documentation and Report Preparation Objective: Prepare a technical memorandum of wastewater management alternatives for use by the City of Meridian. Activities: • HDR's technical staff will prepare report text and other project staff will review and edit the draft and final technical memorandum for presentation to Meridian Public Works. • HDR will summarize the results of the analysis and prepare a draft technical memorandum. • HDR will prepare a presentation to the Meridian Public Works staff to facilitate discussion of treatment process enhancementsloptions. • HDR will meet with Meridian staff and present the draft technical memorandum. City of Meridian -3- Wastewater On-Call Services HDR Engineering, Inc. Treatment Process Enhancements - 7/31/2006 Scope of Services • • Revisions will be addressed or incorporated and the final technical memorandum will be produced. Assumptions: • HDR will be responsible for providing the materials and administrative support for report and presentation production. Time and materials are budgeted as direct expense to this project. Deliverables: • HDR will attend a project meeting to present initial findings from Task 103 to Meridian staff, discuss the results, and receive direction for revisions to the draft technical memorandum for final. • HDR will prepare a draft and final technical memorandum of the treatment process optimization opportunities. Phase 2 -Further Treatment Analysis and Development (To Be Budgeted and Authorized as Additional Services) Task 201: Refine and Analyze Potential Treatment Optimization Opportunities Objective: Refine wastewater treatment improvements/alternatives for specific integration with the City's wastewater treatment facility and develop opinion of costs. Activities: • Prepare a wastewater process model, such as BiowinT"" or CapdetWorksT"", that includes existing treatment facilities and planned near-term future facilities (primary clarifier, aeration basins, and secondary clarifier currently under construction, and anaerobic digester soon-to-be-constructed). • Refine the treatment process enhancement opportunities developed in Task 103 and preliminary design and sizing criteria. • Prepare preliminary site layouts for piping and footprint of optimization process steps. • Prepare preliminary capital cost opinion for process alternatives. Assumptions: • The process enhancement options developed in Task 103 will be further refined and new process options will not be developed in this Task. • HDR will identify specific information not received during the information gathering phase that is critical to the development of wastewater management altematives. If key information is unobtainable, then additional tasks may be required to obtain the information. Deliverables: • HDR will conduct a workshop which describes the refinements to the potential wastewater optimization opportunities and conceptual cost opinion for these technologies Task 202: Other Related Services Objective: Provide the City of Meridian with professional services for testing of process enhancements, effluent and biosolids management, energy consumption, and neighborhood impacts. The scope of these services will be developed in more detail upon request by the City. • Prepare pilot and full-scale testing plans for plant optimization. • TMDL Analysis and NPDES Permit Review Assistance. • Effluent Management Planning Assistance. • Biosolids Management Planning Assistance. • Energy Audit and Optimization Study. • Site Aesthetics and Good Neighbor Review (Odor Potential, Visual Impacts). City of Meridian -4- Wastewater On-Call Services HDR Engineering, lnc. Treatment Process Enhancements 7/31/2006 Scope of Services • PERIODS OF SERVICE HDR is prepared to initiate this project within three working days following notice to proceed and HDR's receipt of a signed contract for this project. If the notice to proceed and contract is not received on the date below, the project schedule will shift the corresponding number of days from the scheduled notice to proceed and the actual notice to proceed. Phase 1 -Wastewater Treatment Review Notice to Proceed -August 9, 2006 Basis of Design Meeting -August 25, 2006 Draft Technical Memorandum -September 15, 2006 Presentation of Preliminary Results -September 15, 2006 Final Technical Memorandum -September 29, 2006 Phase 2 -Further Treatment Analysis and Development To be determined upon authorization. COMPENSATION The estimated cost to complete this Scope of Work is presented in the table below. Phase 1 -Wastewater Treatment Review Task Labor Hours 101 -Review Draft Wastewater Facility Plan 10 .102 -Establish Baseline Conditions 12 103 -Analyze Potential Treatment Options 56 104 -Documentation and Report Preparation 30 Total 1 Og HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For tasks described in the Scope of Services, HDR estimates a professional services fee of not to exceed $20,000 without written authorization from the City. Phase 2 -Further Treatment Analysis and Development To be determined upon authorization. The fee estimate, level-of-effort projections and schedule assumptions represent HDR's professional judgment. They are presented to allow a review of our approach. As we initiate activities it may become apparent some modifications to this Proposal are necessary. HDR will advise Meridian of such issues and any fee and/or schedule impacts. HDR will not exceed the estimated cost estimate without written authorization from Meridian. City ofMeridian -5- Wastewater On-Call Services HDR Engineering, Inc. Treatment Process Enhancements 7/31/2006 Scope of Services Exhibit B TERMS AND CONDITIONS City of Meridian HDR Engineering, Inc. -6- Wastewater On-Call Services Treatment Process Enhancements 7/31/2006 Scope of Services EXHIBIT B TERMS AND CONDITION M ~ HDR Engineering, Inc. Terms and Conditions for Professional Services STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same local'dy. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGtNEER's insurance. fle~bil'dy and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualfied professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor's') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. CONSTRUCTION PROCEDURES ENGINEER'S observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not tie responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supenrise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER'S construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER'S services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER'S requirements for the project, including design objectives and constraints, space, capacity and performance requirements, SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising~therefrom without the written consent of the other. RE-USE OF DOCUMENTS All documents, including all reports, drawings, specfications, computer software or other ftems prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specfic purpose intended will be at OWNER'S sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, 'rf the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the (10/2001) parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax puFposes. Receipts will be available for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification andlor correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1 %) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modfication to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement The execution of the change shall be authorized and signed in the same manner as this Agreement Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modfed accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be r~ present, .OWNER represents that to the best of its knowledge ft has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) tc identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project. site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger,° "operator,° "generator,° or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA}, which are or may be encountered at or near the project site in connection with ENGINEER's services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constihrte the entire Agreement between ENGINEER and OWNER, supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY ENGINEER's and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER and its employees from any liability above such amount. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending deposiiions, hearings, and trial. Terms & Conditions for Professional Services 2 (10/2001) • August 4, 2006 Date: MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 APPLICANT ITEM NO. S-O REQUEST Permanent and Temporary Easement Contract for Naomi Farms, LP for North Black Cat Project 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: Emailed: • Phone: Staff Initials: Materials presented at public meetings shall become properly of fhe Coy of Meridian. .• SANITARY SEWER EASMENT N BLACK. CAT SEWER & LIFT 5TATION ADA COUNTY RECORDER J. NAVARRO AMOUNT .00 8 BOISE IDAHO 08/24108 01:61 PM DEPUTY Paltl Thompson ~) I ~' I' I~ I ~I I' II II IIII (I I I'I I'~~I 1 ~~~ RECORDED-REQUEST Of 1E~6~13?~44 Clry of Meridlen. This sheet has been added to document to accommodate recording information NAONII FARMS LP SANITARY SEWER EASEMENT THIS INDENTURE, effective this ~,.,~day of 2006, by the undersigned Naomi Farms LP. who maintains a mailing address of ~JQ18 W. Ustick Road. Meridian, ID 83fi42, hereafter referred to as ~GRANTO~i" for the benefit of the Ci#y of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as °CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-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 to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration of the benefrts to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right of way for the permanent and temporary construction easements for the construction, 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 8-1.1) The termanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer pipeline 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 temporary construction easement is for the purpose of construction of a sanitary sewer pipeline and related incidental work. The temporary construction easement shall 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. 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, repairs and replacement. 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 SANITARY SEWER EASEMENT r 2. HpLD 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 to persons, and damages to property, damages, costs, charges, and expenses, including all 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 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 Gran#or. THE GRANTOR{S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large tr®es or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTQR(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 claims of all persons whomsoever. IN WITNESS WHERECJF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. Gr~l"ntor: NaBmi Farms LP By: Jean Johnson, Managing Partner STATE QF IDAHt~) } ss County of Ada ) l Qn this I day of 2006, before me ( , personally appeared Jea Johnson, proved to me on the sis tisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. !~ /_ i`J NOTi9+RY PUBLIC FQBI IDA`~IQ My Commission Expires on~~"r~l ~~ Page 2 of 3 SANITARY SEWER EASEMENT ''" Beneficiary: CITY OF MERIDIAN , By. ~~` ~` ~,~.~~ a~ ,yam Tammy d rd, Mayor = '~ = ATTEST• ~~~~~ William Berg, Jr., City er ~;. ~ ~'~ Date approved by Council: i,tu Sf ~ ~ Z~ 6~`y'~ ~t,ir~~x`~C • ~,~~`~~~ /t/t/ttl V61l~~ STATE OF IDAHO, ss. Courrty of Ada ) On this ~ ~~ day of T'~~~~ , 2006, before me, the undersigned, a Notary Public in and for said Stat®, personally appeared Tammy de Weerd and William G. Berg, Jr., knavm to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instnament, and acknowledged to me that the City of Meridian executed th® same. IN WITNESS WHEREOF, I have hereunto set my hand and afFixed my official seal the day and year first above written. (SEAL) c~C~1a2a~~-~~ NOTARY PUBLIC FOR IDAHO~~ RESIDING AT: ~Ynel6~~. MY COMMISSION EXPIRES: /~ -~r 11 Page 3 of 3 SANITARY SEWER EASEMENT ~ ~ Project: 10-Q5-OZ6 Date: June 9, ZOOb EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMF33T That portion of the Southwest'/~ of Section 34, Township 4 North, Range 4 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: BEGINNING at the Center'/ comer of said Section 34, from which the West'/~ comer bears North 89°15'04" West, 2,b41.31 feet; thence along the Easterly boundary line of Southwest % of said Section 34, South x'43'45" West, 32.39 feet; thence North 44'30'3T West, 46.OZ feet to the Northerly boundary line of said Southwest ~/, of Section 34; thence along said Northerly boundary South 89°15'04" East, 32.68 feet to the POINT OF BEGINNING. Containing 0.012 acres, mare or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, p.L.S. RMH:IhG P:~PHIMO.05.026•Meridian North Black Gat\AdminlDescriPtlonslNAOMI-PERM.doc • • .~ • • Project: 10-05-026 Date: June 4, 200b IXMIBIT B-1 PARCEL pESCRiPTION TEMPORARY EASEMENT That portion of the Southwest'b of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center'/ caner of said Section 34, from which the West'/4 corner bears North $9° 15'04° VYest, 2,641.31 feet; thence along the Easterly boundary line of the Southwest'/ of Section 34, South ~°43'45" West, 32.39 feet to the POINT OF BEGINNING; thence continuing along said Easterly boundary line, South 00°4345' West, 42.25 feet; thence North 44°30'3T West, 106.04 feet to the Northerly boundary line of said Southwest'/, of Section 34; • ~ - thence along said Northerly boundary line South 89' 15'04" East, 42.62 feet; thence South 44°30'3T' East, 46.02 feet to the POINT OF BEGINNING. Containing 0.052 acres, more or less. F-ND OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 r:.yua RMH:Ihc P:~PH1t110-05-026-AM1er9dian NoRh black CaC~AdnIM1De!~rxiptionsWAf1M1-TFMP.dot • ~.- N89'15'O4"W 2641.31' ----- S89'15'04"E 42.62' c. 1 /4 CoR. ~ 2566.01 ~~ ~ `. .'_ ~ _ ..._ ~.. _' ._ ; - _ SAC. 34 32.68 \ `S w 1/4 CUR. ~ ~~~ I SEC. 34 ~ ~ ~ 0~ I ~ ~4 1 ~ ~ I •` ~` I~ i~ sr~ ~ ~ I o ~o.. ~..~-.P.o.a. ~,,~~ I ~ ~ I tv 'o~ ~ I ~~ l _~ N. ~ I `~ to ~ ~ I c°n ~f N tb N ~ ~ p~ O scA~E: ~ ~=zo' ~ z 8575 ~o.~j'O G S. 7 /4 SEC. 3 .1 NAOAAI FAAM$ LP TEMPORARY CONSTRUCTION EASEMENT • RECEIVED ~.~ ~? ~ ~ zoos Memo City Of IVleridian City Clerk Office To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 08/03/2006 Re: Proposed Agenda Items for August 8, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the August 8 City Council agenda, under Consent Agenda, far Council's consideration: Wastewater Treatment Facility Process Enhancement Study; HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $20,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 18~" of January, 2005 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for the evaluation of various treatment process options that could be implemented at the e~asting wastewater treatment facility to improve plant performance and increase capacity further than planned under the current expansion. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Wastewater Treatment Facility Process Enhancement Study with HDR Engineering, Inc. for $20,000 and authorize the Mayor to sign it. Permanent and Temporary Easement Contract for Naomi Farms LP. A permanent and temporary easement has been signed Naomi Farms LP for the construction of the pressure sewer on their property for the North Black Cat Project. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the pressure sewer on this property for the North Black Cat Project and authorize the Mayor to sign it. • Page 1 • Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ~ Page 2 ~ M City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-05-135 North Black Cat Sewer & Lift Station Parcel # and Owner: 50434346900 Naomi Farms LP Date of Offer: Julv 19, 2006 THIS RIGHT-OF-WAY CONTRACT, made this day of 2006, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Naomi Farms LP ,herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ftz) ($/Ftz) FACTOR ($) Permanent Easement 523 $2.30 50% $602.00 Temporary Easement 2265 $2.30 10% $521.00 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $1.123.00 B. The CITY agrees to pay the GRANTOR an additional $1877.00 since no appraisal was required. Land values were determined by the appraisal of the adjoining property. C. The CITY agrees to maintain irrigation delivery and waste drainage systems during construction. D. The CITY agrees to repair and restore the ground to a condition similar to the pre-construction condition. 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser: ~ Cash Payment* in the amount of $3,000.00 D' 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 CITY of all further claims or obligations on that account or on account of the location, grade, construction 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, covenant and warrant 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. Page 1 of 2 \\Bois~les\PublidPmjectManagers\pHR\10-OS-026-Meridian Nortb Black CatlEasements\Neomi eontract_ revl.doe ! • IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN By, Tammy de Weerd, Mayor Date: ATTEST: William Berg, Jr.; City Clerk Date approved by Council: GRANTORS Je Johnson, Mana g Partner Date: ~~ ~ / -^ Q ~ Page 2 oft \\Bois~les\PUb6c\PmjectManagers\PHKU p-OS-026-Meridian Nortb Black Cet\FavememsiNaomi comrect- revl.doc SANITARY SEWER EASEMENT THIS INDENTURE, effective this day of , 2006, by the undersigned Naomi Farms LP, who maintains a mailing address of 4018 W. Ustick Road, Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires 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 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 consideration, the Grantor does hereby give, grant and .convey unto the CITY the right-of way for the permanent and temporary construction easements for the construction, 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 permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer pipeline 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 temporary construction easement is for the purpose of construction of a sanitary sewer pipeline and related incidental work. The temporary construction easement shall 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. 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, repairs and replacement. 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 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 to persons, and damages to property, damages, costs, charges, and expenses, including all court cost and attorneys fee, and against any and all liability, losses and damages of any nature whatsoever, the "Damagesn 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. THE GRANTOR(S) do hereby covenant and agree that they will not place 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 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 claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. . Gr~fntor: Na~Smi Farms LP By: Jean Johnson, Managing Partner STATE OF IDAHO} ~ ss County of Ada ) e On this ~ day of , 2006, before me ( , personally appeared Jea Johnson, proved to me on the b sis satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. ~~ ®o~®T~~ ~ NOT Y PUBL F ID O o My Commission Expires on `~~®F~~ ~~~~~~~® Page 2 of 3 SANITARY SEWER EASEMENT i ~ Beneficiary: CITY OF MERIDIAN By: _ Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT Page 3 of 3 Project: 10-05-026 Date: June 9, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT EASEMENT That portion of the Southwest'/ of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: BEGINNING at the Center ~/ comer of said Section 34, from which the West t/ comer bears North 89° 15'04" West, 2,641.31 feet; thence along the Easterly boundary line of Southwest ~/ of satd Section 34, South Ofl°43'45" West, 32.39 feet; thence North 44' 30'37" West, 46.02 feet to the Northerly boundary line of said Southwest ~/, of Section 34; thence along said Northerly boundary South 89°15'04" East, 32.68 feet to the POINT OF BEGINNING. Containing 0.012 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. a { 857 u~,G-9-o~ 'pN ~F OF ~ ~~ M . ~ RMH:Ihc P:1PHK~10-05-026-Meridian North Black Cat~AdminlDescriptions\NAOMI-PERAh.doC • Project: 10-05-026 Date: June 9, 200b IXHIBIT B-1 PARCEL DESCRIPTION TEMPORARY EASEMENT That portion of the Southwest'/, of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Center'/ comer of said Section 34, from which the West'/+ corner bears North 89°15'04" West, 2,641.31 feet; thence along the Easterly boundary line of the Southwest'/ of Section 34, South 00°43'45° West, 32.39 feet to the POINT OF BEGINNING; thence continuing along said Easterly boundary line, South 00°43'45" West, 42.25 feet; thence North 44°30'37" West, 106.04 feet to the Northerly boundary line of said Southwest'/a of Section 34; ~ ~ ~ - thence along said Northerly boundary line South 89 ° 15'04" East, 42.b2 feet; thence South 44°30'3T' East, 46.02 feet to the POINT OF BEGINNING. Containing 0.052 acres, mare or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. 8575 ?~p~~Tf 0 F \C Q~ 0 M. d RMH: [hc P:\PHK\10•o5-026-Meridian North Black CaClAdmin\Descript'ions\NAOMI-TEMP.doC • August 4, 2006 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~6 APPLICANT ITEM NO. S-P REQUEST Contract for Geotechnical Services for Well 27A and 27B with Hydrologic 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: ~ 3~ 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 pubpc meeNnps shop became properly of the Ctly of Meridian. • RECEIVER BUG 0 3 20 City Cf ~eridia~. City Clerk Offiee Memo To: Will Berg; Tara Green From: Jon Mills, StafF Engineer CC: File Date: August 3, 2006 Re: Proposed Agenda Items for August 7, 2006 City Council Meefing The Public Works Department respectfully requests the following two (2) items be placed on the August 7 City Council agenda under Consent Agenda, for Council's consideration. Contract for Geotechnical Services for Well 27A and 27B with Hydrologic This project includes securing regulatory approvals, well design, drilling oversight, construction inspection, hydraulic testing, and developing a final report for City Wells 27A and 27B. Recommended Council Action: The Public Works Department recommends that City Council approve the agreement with Hydrologic for Geotechnical Services for Wells 27A and 27B for $43,395.00 and authorize the Mayor to sign it Centrate Tank Task Order No. 6. Amendment No 1 for the Centrate Equalization Tank Construction Management Services with Carollo Engineers This amendment will increase the current task order compensation by $12,000.00 from a Not-to-Exceed amount of $35,304.00 to aNot-to-Exceed amount of $47,304.00. Recommended Council Action: The .Public Works Department recommends that City Council approve the Task Order Amendment with Carollo Engineers for $12,000.00 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any quesfions regarding any of these items. • Page 1 r 1 LJ STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT ON THE BASIS OF A 5TlPULATED PRICE. THIS AGREEMENT is dated the day of Au t in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Hydro Logic, Inc. (hereinafter called CONSULTANT). OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK. The CONSULTANT will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes securing regulatory approvals, well desigq drdling oversight, construction inspection, hydraulic testing, water~uality sampling, and developing a final report for City Wells #27-A & #27 B. The Project for which the Work under the Agreement is described as: Geotechnical Services for Wells 27-A & 27 B. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CON~IILTANT will be familiar with the specifications. Article 2 ENGINEER The Ciiy of Meridian Public Works Department will be the ENGINEER The City of Meridian Public Works Department is to act as OWNER's representative, assume all duties and responsbililies and have the rigl>ts and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME. The Work will be completed within one lnmdred twenty (120) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. OWNER will pay CONSULTANT for completion of the Work in current funds as follows: Total Contract Price is $43,395.00. Article 5 PAYMENT PROCEDIIRES. The CONSULTANT will submit Application for Payment as the work progresses but not to exceed one invoice per month. Applic~ions for Payment must be submitted to the Public Works Depari~ment Payments. The OWNER will make progress payments on acxonnt of the Contract Price on the basis of CONSULTANT's Application for Payment as recommended by the Public Works Deparlmem, on or about the 15~' day of each month daring construction for Applicatiions submitted to the Public Works Department prior to the 1st day of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Article 4. The OWNER may retain up to 5% of the amount of the payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. 7/30/2006 Page Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONSIILTANT'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONSULTANT makes the following represerrtations: 7.1 The CONSULTANT has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 7.2 The CONSULTANT has studied carefully all drawings of physical conditions. 7.3 The CONSULTANT has given Public Works Department written notice of all co~licts, en'ors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONSULTANT. Article 8 CONTRACT DOCDMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONSULTANT concerning the Work, consist of the following: 8.1 This Agreement 8.2 Exlu'bits to this Agreement - Attachment A =Cost spreadsheet and Attachment B = Work tasks narrative. 8.3 Information for Bidders - N/A 8.4 Drawings - N/A 8.5 CONSULTANT's Quote - 30m of July, 20Q6. 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein.. 8.7 Revisions to the Standard Sgecific~lions and Special Provisions. 8.8 Documentation submitted by CONSULTANT prior to Notice of Award 8.9 The docume~s listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Docume~s other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 NIISCELLANEOIIS. 9.1 No assignment by a party hereto of a~ rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the exte~ that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in a~ written consent to an assignment no assignment will release or discharge the assignor from any duty or responsrbility under the Contract Documents. 7/30/2006 Page n 9.2 OWNER and CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations coirtained in the Contract Documents. Article 10 OTHER PROVISIONS. None 1N WITNESS WHEREOF, OWNER and CONSULTANT Dave signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONSULTANT and ENGINEER Alll portions of the Contract Documents have been signed or identified by OWNER and CONSULTANT or by ENGINEER on their behalf. The Agreement will be effective on Owner CITY OF MERIDIAN Name: Mayor De Weerd 20 06 CONSULTANT Hydro Logic, Inc. gy Name: Edward President Attest: Attest: Name: William Berg Jr. Citv Clerk Name: 7/30/2006 Page 3 "~AA'' ~I v 'd N EH m ~' o h o h ~n h 0 OOi 0 N 0 N .., h o OHO o O ~ M F U ~ if3 s~ ~ ~ ~ ~ ~ ~ ~ ~ F/3 ~ ~ N' ~ ~ ~ o ~ ~ ~ N o ~ h ~ ~ ~ pa v ~ ~ ~ b 9 ~ ~ d9 ~ bR ~ ~ • ~ d ;3 b b ~ o~ a °°b~ ~ ~ ° ~ ~~ ~a ~~ w ~ ~ H o 0 0 Vi O" f/4 ~ .~ ~ i+a W b ~" LL ~ C q ~~ ° 0 v~ 0 cs~ 0 vs 0 ER 0 59 0 cA 0 &9 0 s9 0 ~ o 69 &9 ~ ~ r.~ `A '6 b ~ i..1 ~ U o~~ 9 ~ 0 0 0 0 0 0 0 0 0 0 0 ~, ~ ~ ~ ,~ G r4 y p ~ ~ ~ p (t3 ~ o N 0 h o ~ vi h ~ o ~ o N v-, c+~i o ~ o ono p N '~ .~ q a ~ ~ ~ ~ ~ 6~9 V3 6N9 ~ ~ 6~9 ~ !~ o"~ °i3o ~ V ~ ~ :' N ~ n . a ~ ~ ~ ,o w ~o +~~ o v v ~ o o ,~ ~ oo ~o a~~o ~ -i ~ ^ ~ V ... ~ ~ n a ~~aNti 0 ~ x x ~, a ~,~.~ ° a ~ ~ ~. ~, ~ ~ d { Tr ~h, ~ V ~ ~i ~ _ ~ OD ~ ~ 'a' N r+ ~ ~ ~ M N e+f ~, M ~ ya F+j " ~ ~ ~ ~ ~ P b ~~ 5b r A ~ U '~ . ~. ~ ~ ~r ~ /- ~ .~ ?. } N o0 in N N ..+ N ~0 .r 0 .--~ o .-. ~ v, to M rN-1 _ ~ vi -~y y { a ~ ~, . ~ x x a ~ ~ ~ s ~ A a ~ °° ~ H y ~ ~ O. ~ ~ ~ ~ ~ ~ C4 ~ O ~ r.+ ~ Q U ~ ~ ' o ~ ~ O U TTrI ~~. V cg ~ ~ o p ~ ' U ~ ~" ~ `~ h ~ ~ ~ ~ 4~N ~ p :~ ~ Ry b ~ Q' .d ~ ~ }~ a~ ~ _ r O H ~ r.. ~ p ~ '~ ° ~ ~ G 'C! ~ ~ C~ A 3 ~ ~ ~ v~ Cq ~ o ~ s ~ N ~ C ~ G ~ ~ ~ ~ ~ o ~~ x 3 ~ ~ U p O ~ ~py ~ w `~ U >, x Q w H ~ N O h .n ~ oo a o U ~~~ i 1002 W Franklin Street, Boise ID 83702 (2081342-8369 (Fax) 342-3100 hydrologic(a~awest.net July 30, 2006 Mr. Kyle Radek Public Works Department City of Meridian 600 East Watertower Meridian, Idaho 83642 Attachment B. Hydrogeologic Design, Consultation, Inspection Services, Geotechnical Services, & Oversight of the Proposed City of Meridian's 27-A & 27-B Municipal Supply Wells Dear Kyle: I have developed a scope of work, and estimated costs to work with you on the specifications, bid documents, desigq drilling, construction, and hydraulic testing of two new City water supply wells. We understand that finished water-quality is a major concern of the City and this proposal is directed toward developing a well couplet with the best mixed water-chemistry available. I have tabulated the costs to complete the work as a single project on the attached spread sheet. The cost estimates are considered maximum amounts and I would recommend a 15 percent contingency owing to the inherent unknowns of subsurface exploration and drilling. We stand ready to commence the work right away and to proceed continuously to completion of the project without interruption. The following narratives correlate with the spreadsheet tasks to explain, in more detail, the scope of work. Regulatory Submittals/Well Site Approval These tasks which include obtaining, compiling, and review of all available information including Driller's Reports, water quality, water-levels, well locations, nearby sources of pollution, existing City water rights files, and other site characteristics, is pretty well already completed as we were able to accomplish this work under our Test-Well #27 contract. One glitch, however, is thax the IDEQ approvals for well site and well construction are only good for one year. The approvals expired on June 16~` of 2006. Although I do not anticipate a problem here, and I did not include money for a new filing, I did include a few hours to obtain acknowledgement from IDEQ that the existing approvals remain intact. If IDEQ insists that we must make new applications then there will be additional costs. This information will be used in filings for drilling permits. Digline will be contacted for buried utilities and the waxer rights are akeady approved by IDWR. Technical Well Drilling Specifications and Bid Documents. Contractual agreements, specifications and bid documents for the supply wells will be developed. The City's existing "boiler-plate" well drilling contract will be reviewed and edited to comport with the two proposed #27 supply wells including bid schedules for both wells. Project Coordination With Staff, Driller, and City. This includes staffbriefings, meetings at the City, calls to and from the driller, scheduling, coordination, e-mails, transmittal letters, and faxes to the City over the entire length of the project and as the project progresses. Contractor's invoices and Driller's Reports will be reviewed and reconciled against on-site measurements and recommended to the City. On Site Well Drilling and Surface Seals Oversight. This task includes measurement of the driller's tools, on-site observation of the surface seal casing depth and verification of the surface seal according to IDWR rules. Geologist to be on site during the last portion of the pump-chamber casing bore to verify that the geologic section is the same as the test-well and to arrest drilling at the selected seal location. This task includes the design and oversight of the drilling and on-site logging of the drill cuttings for two wells. Borehole Geophysics This is a provision to run borehole geophysical logs in the supply well should it be deemed necessary; for example if the supply well lithology appeared different from the test-well litholagy or if voids are suspected. This provision includes the potential for natural gamma-ray, single-point resistivity, caliper, and/or temperature logs for two wells. Final Well Designs. Sieve analyses of target aquifer sands will be conducted and a graphic lithologic log will be constructed from cuttings and compared and interpreted with respect to geophysical logs of the test-well. Geophysics will be interpreted to most accurately place aquifer/aquitard units with respect to screen locations and optimum yield. Casings, Seals, Well ScreenslFdter Sand Installations Oversight. On site inspection services to include installation and centralization ofthe PVC casings including observation and documentation of the full-depth surface seals. Well screens, packer reducer assemblies, and filter sand specifications will be verified and measurements taken for as-built construction drawings for both wells. 2 C Hydraulic Testing, WeII Development, and Sampling This task includes coordination and observation of well development techniques along with the installation of the packer-reducer assemblies and well head steel casings. Pumping test design and scheduling for constant-discharge and stepped-discharge testing periods, to include pump-setting, HP, discharge considerations, and measuring/sampling ports. We will oversee the testing of both supply wells which may include some development testing, stepped-discharge testing, and constant-discharge testing. DEQIUSEPA water quality sampling for Public Drinking Water Systems will be provided for both wells with delivery to the lab of City's choice. an-site supervision, sampling protocol, and pump-sampling equipment is included along with measured field parameters of temperature, pH, conductivity, and sand content of both wells. Laboratory costs for water analyses are not included in our cost estimate. Down Hole Camera Survey and Well Disinfection. This task includes disinfection of the completed wells and scheduling , on-site observation, and review of down hole camera surveys of the completed wells. Includes field notes and archive quality videotapes delivered -to the City with back-up copies kept at Hydro Logic, Inc. Final Report and Regulatory Submittals. A final comprehensive report to the City will be prepared and- a final DEQ Checklist will be submitted for both wells. This task includes consolidation of all pertinent documentation, sketches, diagrams, plots, letters, permits, and regulatory submittals into a bound document for future reference. DEQ submittals will be coordinated with the City and include all necessary revisions etc. Respectfully submitted by: Edward Squires Hydro Logic, Inc. i t August 4, 2006 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 APPLICANT ITEM NO. S-t~ REQUEST Centrate Tank Task Order No. 6 Amendment No. 1 for the Centrate Equalization Tank Construction Management Services with Carollo Engineers 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: D ('~ MERIDIAN SCHOOL DISTRICT: ~ ~~j, ADA GOUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at pub8c meetings ahau become property of ifie CMy of Meddtam. Memo To: Will Berg; Tara Green From: Jon Mills, Staff Engineer CC: File Date: August 3, 2006 Re: Proposed Agenda Items for August 7, 2006 City Council Meeting The Public Works Department respectfully requests the following two (2) items be placed on the August 7 City Council agenda under Consent Agenda, for Council's consideration. Contract for Geotechnical Services for Well 27A and 27B with Hydrologic This project includes securing regulatory approvals, well design, drilling oversight, construction inspection, hydraulic testing, and developing a final report for City Wells 27A and 27B. Recommended Council Action: The Public Works Department recommends that City Council approve the agreement with Hydrologic for Geotechnical Services for Wells 27A and 27B for $43,395.00 and authorize the Mayor to sign it. Centrate Tank Task Order No. 6, Amendment No.1 for the Centrate Equalization Tank Construction Management Services with Carollo Engineers This amendment will increase the current task order compensation by $12,000.00 from a Not-to-Exceed amount of $35,304.00 to aNot-to-Exceed amount of $47,304.00. Recommended Council Action: The ,Public Works Depantrnent recommends that City Council approve the Task Order Amendment with Carollo Engineers for $12,000.00 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 • TASK ORDER N0.6 AMENDMENT N0.1 CITY OF MERIDIAN PUBLIC WORKS (OWNER) AND CAROLLO ENGINEERS, A Professional Corporation (ENGINEER) This Amendment No.1 to Task Order No. 6 is issued by the OWNER and accepted by the ENGINEER pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated the 23~d of July, 2002 in connection with: CITY OF MERIDIAN WASTEWATER TREATMENT PLANT FACILITY PLAN UPDATE CENTRATE EQUALIZATION TANK PROJECT PURPOSE The ENGINEER' scope of services, time of completion and compensation shall be amended as set forth herein, to cover additional time for Construction Management Services for the City of Meridian, Centrate Equalization Tank Project. ENGINEER's SERVICES Contract Administration Services The purpose of this Amendment No. 1 is to provide additional office and field support services during construction, startup and testing, and project closeout. TIME OF COMPLETION The construction management services in Task Order No. 6 were based on an anticipated construction period of 9 months, from March, 2005 through November, 2005. Amendment No. 1 covers the additional services to complete construction by July 2006. Record drawings will be completed following the construction period. COMPENSATION Task Order No. 6 defined the not-to-exceed limit for engineering fees as $35,304, based on a 9 month construction schedule. Amendment No. 1 shall increase the Compensation to the ENGINEER by $12,000, for anot-to- exceed limit for engineering fees of $47,304. ENGINEER will invoice for this monthly on an hourly rate basis in accordance with ENGINEER' standard fee schedule in effect at the time the work is completed. Outside services for subconsultant work and other direct costs shall be reimbursed at cost plus 10 percent mark-up. Travel and subsistence will be charged at cost. -1- • s The ENGINEER shall not exceed the amount defined for the services of this Amendment No. 1 to Task Order No. 6 without written authorization from the OWNER. EFFECTIVE DATE IN WITNESS WHEREOF, duly authorized representatives of the OWNER and the ENGINEER have signed in confirmation of this Amendment No. 1 to Task Order No. 6 with the effective date this ,_day of of 2006. CAROLLO ENGINEERS, A Profes orporation By: Partner CITY OF MERIDIAN PUBLIC WORKS (OWNER) By: Public Works By: Attest: Tammy de Weerd, Mayor William G. Berg Jr. City Clerk -2- August 4, 2t~6 MERIDIAN CITY COUNCIL MEETING AUgUSfi 8, 2~6 APPLICANT ITEM NO. S-R REQUEST Senior Center Reh®bilitation Phase II Accessibility ICDBG-Qb-III-0S-SR AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY` POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFIGE: OTHER: Contacted: Date: Phone: Emailed: Staff Initia0s: Materials presented at public meetings shall become properly of the City of Meridian. • COMMERCE & LABOR JAMES E. RISCH, GOVERNOR ROGER B. MAOSEN, DIRECTdR Date: August 14, 2006 To: Attention Will Berg Meridian City Clerk's Office 33 E Idaho Avenue Meridian, ID 83642 AUG ~ 5 2006 ~,,I~y ~~ ~~PI[~IdP- sty rl~,r~ ~><fi~~ From: Susie Davidson Regarding: ICDBG-06-III-OS-SR THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: ^ Action: ^ Signature: ^ ^ CONTRACT (Sign both copies and return to our office.) EXECUTED CONTRACT (Retain document in your project file.) CONTRACT AMENDMENT (Sign both copies and return to our office.) ^ EXECUTED AMENDMENT (Retain document in your project file.) ^ ENVIRONMENTAL RELEASE (Retain document in your project file.) ^ FINDING OF EXEMPTION (Retain document in your project file.) ^ SUBCONTRACT APPROVALS (Retain document in your project file.) ^ ADDITIONAL CLASSIFICATION ^ CONTRACT AWARD APPROVAL ^ BID DOCUMENT APPROVAL ^ PHONE CONVERSATION FOLLOW UP ^ OTHER COMMENTS: Please contact Susie Davidson at Idaho Commerce & Labor if you have any questions. 208-334-2650 ext. 2146 MAIN STREET OFFICE • 317 West Main Street • Boise, Idaho 83735 .208-332-3570 • cl.idaho.gov Equol Opportunity Employer r • • IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANTEE NAME: City of Meridian GRANTEE ADDRESS: 33 E. Idaho Ave. Meridian, Idaho 83642 PROJECT TITLE: Senior Center Rehabilitation Phase II-Accessibility CONTRACT NO.: ICDBG-06-III-05-SR CFDA #: 14.228 This Contract is made pursuant to the Idaho Community Block Grant Program (ICDBG) and is entered into between the Idaho Department of Commerce and Labor (DEPARTMENT), and the City of Meridian (GRANTEE). The DEPARTMENT and GRANTEE hereby agree as follows: Comaliance Requirements: GRANTEE, sub-recipients, contractors, and subcontractors, receiving ICDBG funds shall comply with 24 CFR, part 570 Community Development Block Grants and applicable subparts as amended; the terms and conditions of Federal Grant Number B-06-DC- 16-0001; the procedures in the DEPARTMENT's ICDBG Application Handbook and Grant Administration Manual; and the DEPARTMENT's most current consolidated plan. GRANTEE shall also comply with the federal laws and adopted citizen participation plan as certified to by the chief elected official on the certification page of the GRANTEE's application. 2. ICDBG Amount: The maximum amount of ICDBG assistance awarded by this Contract is Fifty two thousand, nine hundred dollars ($52,900}. 3. Match: GRANTEE shall provide thirty one thousand six hundred and fourteen dollars ($31,614) in matching funds for the purposes of completing this project. In the event costs exceed the total dollars budgeted for the project, GRANTEE shall be responsible for providing the additional funds needed to complete the project. 4. The Project: Attached hereto as Attachment "A" and incorporated herein is the Scope of Work and Project Schedule. At a minimum, Attachment "A" shall consist of the following components: a. Construction b. Design professional and grant administration c. Fair housing d. 504 transition plan e. National Objective f. State goals and objectives g. Schedule 5. Environmental Standards and Conditional Commitment of Funds: GRANTEE and not the Sub-recipient hereby assumes responsibility for the completion of an environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related laws, as furthered by HUD regulations contained in 24 CFR part 58 and the ICDBG Grant Administration Manual. Notwithstanding any provision of this Contract, the parties hereto agree and acknowledge that this Contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only after satisfactory completion of the ICDBG's environmental review process under 24 CFR Part 58 and issuance of the DEPARTMENT's Notice of Concurrence. The parties further agree that the payment of any funds by the DEPARTMENT under ICDBG Contract Page 1 of 10 06/06 • this Contract is conditioned on the DEPARTMENT's determination, in its sole discretion, to proceed with, modify or cancel the project based on the results of a subsequent environmental review and agreement upon and implementation of the mitigation measures required by the DEPARTMENT pursuant to Section 6 of this Contract. 6. Mandatory Mitigation Measures: In the event the DEPARTMENT determines in its sole discretion that the environmental review process requires GRANTEE to implement mitigation measures to comply with federal, state and local environmental laws, regulations or ordinances, the parties agree that this Contract shall be amended to include those mitigation measures. If GRANTEE fails to agree to the Contract amendment for the purpose of including mitigation measures required by the DEPARTMENT, the DEPARTMENT shall be excused from making any disbursements of ICDBG funds under this Contract. 7. Sub-recipient Agreements: Not applicable to this grant. 8. Additional Assurances: GRANTEE shall remain fully obligated under this Contract notwithstanding GRANTEE's designation of third parties for the undertaking of all or any part of the Project that is the subject matter of this Contract. 9. Special Conditions: None. 10. Relationship of Contracting Parties and Indemnification: GRANTEE specifically recognizes and acknowledges that nothing contained in this Agreement shall create, or be deemed to create between GRANTEE and the DEPARTMENT any principal-agent, master-servant, joint venture or employer-employee relationship. GRANTEE is solely responsible for the completion of the project, and agrees to complete the project in accordance with the terms of this Contract. GRANTEE shall defend, protect, and hold harmless the DEPARTMENT and the State of Idaho, and all officers, employees, and agents thereof, against all claims, suits or actions arising from any act of omission or commission of GRANTEE or any of its employees, Sub-recipients or agents while performing any work, services, or activities, or providing any materials relating to or in connection with the performance of this Contract. 11. Period of Pertormance: Work on the Project covered by this Contract shall begin on May 17, 2006 and shall continue as set forth in Attachment "A" until the Project is completed and closed-out. If GRANTEE has not completed the Project and submitted all ICDBG close-out documents within two (2) years from the projected Certified Substantial completion date as set forth in Attachment "A", all remaining and unexpended ICDBG funds will be retained by the DEPARTMENT. 12. Project Budget ~ Payments: Attached hereto as Attachment "B" and incorporated herein is the Project Budget. GRANTEE shall adhere to the budget as outlined in Attachment "B." ICDBG funds cannot be shifted to new activities or between approved activities without an amendment to both Attachments "A" and "B." The use of ICDBG funds for administrative costs shall not exceed a maximum of 10% of the total ICDBG award. GRANTEE may periodically request grant funds up to 100% of the value of work performed for all items in the ICDBG budget, except for the administration and construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied in its sole discretion with the payment request, the DEPARTMENT may pay the amount requested within thirty (30) days from receipt of the request. GRANTEE shall certify that all work that is billed to the DEPARTMENT is complete at the time of the billing. GRANTEE shall be responsible for any discrepancy or error in billing or documentation. ICDBG Contract Page 2 of 70 06/06 Payment for all ICDBG construction funds may be up to ninety-five percent (95%) of the total ICDBG construction line item as identified in Attachment "B." The remaining 5% of ICDBG construction funds shall be released upon the DEPARTMENT's approval of the GRANTEE's certificate of substantial completion and other close-out documents as determined by the DEPARTMENT. GRANTEE must demonstrate to the DEPARTMENT that all applicable ICDBG requirements have been satisfied and that all Contract Project files are complete. GRANTEE must submit to the DEPARTMENT all required documentation. The DEPARTMENT shall retain at a minimum 5% of the ICDBG funds budgeted for administration as identified in Attachment "B" until GRANTEE demonstrates to the DEPARTMENT's satisfaction that GRANTEE has met the national objective and complied with all ICDBG grant requirements. Eligible project costs incurred prior to this Contract's effective date may be approved at the DEPARTMENT's discretion, but only if the environmental review for that activity has been completed. 13. Remedv for Noncomaliance: If the DEPARTMENT determines in its sole discretion that GRANTEE has failed to comply any term or condition of this Contract, the parties agree that the DEPARTMENT's obligation to make payments under this Contract is suspended until such noncompliant issue or situation is resolved to the mutual satisfaction of both parties. A determination of noncompliance by the DEPARTMENT may occur as a result of, but shall not be limited to, the following events: a. Project construction is abandoned or unreasonably delayed, or is discontinued for a period of thirty (30) consecutive calendar days, without prior written approval from the DEPARTMENT. b. GRANTEE fails to cause Project construction to be completed in accordance with the requirements of this Contract. c. The Project is materially damaged or destroyed by fire or other casualty and the loss, in the reasonable judgment of the DEPARTMENT, is not adequately covered by insurance. d. The existence of any material or intentional misrepresentations of fact by GRANTEE in any document submitted to the DEPARTMENT in support of the grant or in connection with any of the grant documents. e. GRANTEE's failure to furnish to the DEPARTMENT within thirty (30) days and without demand, a true copy of any notice or other document received by or available to GRANTEE disclosing any requirement, deficiency or the violation of any law, regulation or ordinance bearing upon the Project funded by this Contract. f. The Project fails to meet ICDBG requirements as defined by the DEPARTMENT. 14. Contract Amendments: The DEPARTMENT may amend this Contract on its own initiative or at the request of GRANTEE to reflect changes in the Scope of Work, Project Design or Project Budget. Such changes shall be mutually agreed upon, and evidenced by a written contract amendment. In no case shall the nature or purpose of the project be amended from what was generally described in the application except as provided for in the ICDBG's Administrative Rutes at IDAPA 48.01.01. 15. Financial and Pros~ress Resorts: GRANTEE shall keep books, records, and accounts of all activities related to this Contract. On each interim request for funds submitted to the DEPARTMENT, GRANTEE shall certify that the information contained in the interim request for funds is true and correct based upon GRANTEE's official accounting records. GRANTEE shall also submit a final financial report that details all costs incurred by budget line according to Attachment "B." This report shall be submitted upon completion of the Project funded by this Contract. ICDBG Contract Page 3 of 70 06/06 GRANTEE shall submit progress reports as specified in the DEPARTMENT's Grant Administration Manual. A detailed written final report with documentation of the. activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the Project. GRANTEE shall disburse ICDBG funds within 3 to 5 business days of their receipt. GRANTEE may keep up to $100.00 in interest accrued on ICDBG funds, but shall return any amount in interest over $100.00 to the DEPARTMENT. 16. Other Items and Documents: GRANTEE shall provide the DEPARTMENT all other items and documents as the DEPARTMENT requires for the administration of this Contract within thirty (30) days of the date of the written request. 17. Certified Grant Administrator: In accordance with Idaho Administrative Code all Grantees before expenditure of ICDBG funds are required to have under contract a Department approved Grant Administrator. The Grant Administrator is responsible for administrative duties as outlined in the ICDBG Grant Administration Manual and in accordance with ICDBG's professional services contract. 18. Insurance During Construction: By executing this Contract, GRANTEE warrants that contractor(s) or other parties selected to perform construction work on the project shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the types of insurance deemed necessary by GRANTEE and the DEPARTMENT for the type and amount of construction described in Attachment "A." Further, GRANTEE warrants such insurance coverage shall be written on an "occurrence" basis and will be obtained with the following minimum liability limits: a. Workers' Compensation Insurance and Employer's Liability Insurance: (1) State: Statutory Limits (2) Employer's Liability: $100,000 Per accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee b. Comprehensive or Commercial General Liability Insurance with the DEPARTMENT as a named insured to include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C) and underground (U) hazards: (1) $1,000,000 Each Occurrence (2) $1,000,000 Personal Injury (3) $2,000,000 Products/Completed Operations to be maintained for two (2) years following final payment (4) $2,000,000 General Aggregate c. Automobile Liability Insurance with the DEPARTMENT as a named insured for bodily injury and property damage: $1,000,000 Combined Single Limit d. Property or Builder's Risk Insurance to include coverage for all direct physical loss, also known as "Special Causes of Loss" in an amount equal to one-hundred percent (100%) of the estimated maximum value of the Project upon completion with the broadest form of "all risk" coverage possible. e. Volunteer Liability Insurance coverage if volunteers are used to do Project work. ICDBG Contract Page 4 of 10 06/06 GRANTEE shall include these same requirements in contracts with grant subrecipients. 19. Contract Services: GRANTEE shall follow ICDBG procurement requirements as outlined in the DEPARTMENT's most current ICDBG Grant Administration Manual, if ICDBG funds will be paying for the services. GRANTEE shall provide the DEPARTMENT with a copy of all requested documents related to the procurement of contract services. 20. Certification Reaardina Debarment: By executing this Contract, GRANTEE certifies to the DEPARTMENT that it will not execute a contract with parties that are identified as debarred, suspended, or ineligible as set forth in 24 CFR part 5. 21. Proiect Sianaae: Upon approval from the DEPARTMENT to proceed with construction, GRANTEE shall, unless otherwise directed by the DEPARTMENT, erect a sign located prominently at each major construction project site. The sign shall be maintained in good condition and shall not be removed until six (6) months after the Project is completed. Project sign requirements shall be provided by the DEPARTMENT. 22. Representation and Warranties: GRANTEE represents, warrants, and agrees that the Project funded by this Contract, both during construction and at the time of completion, and the contemplated use thereof, shall not violate any applicable zoning or use statue, ICDBG mitigation measure, ordinance, building code, rule or regulation, or any covenant or agreement of record. GRANTEE agrees that it will furnish documentation satisfactory to the DEPARTMENT regarding the representations and warranties made in this Section. 23. Use of Real Property: GRANTEE represents and agrees that the purchase of any property and undertakings pursuant to this Contract are and will be for the purpose of providing, improving, or expanding public infrastructure or facilities. No voluntary or involuntary successor in interest of GRANTEE shall acquire any rights or powers under this Contract without prior written consent of the DEPARTMENT. GRANTEE shall not change the use or planned use of any such property, including the beneficiaries of such use, from that for which the acquisition or improvements were made. If GRANTEE desires to change the use, GRANTEE must submit the request in writing to the DEPARTMENT for prior approval before applying the standards of 24 CFR 570.505. If changes are made without the DEPARTMENT's prior approval, all ICDBG funds disbursed to GRANTEE under this Contract shall become due and payable to the DEPARTMENT and the DEPARTMENT shall be excused from making any further disbursements of ICDBG funds under this Contract. 24. Conflict of Interest of Members _ Officers or Employees of Grantee Members of Local Governing Bodv or Other Public Officials: No member, officer or employee of GRANTEE or its sub-recipients or agents, no member of the governing body where the Project authorized by this Contract is located, and no public official of such locality or localities who exercises any functions or responsibilities with respect to the Project during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with the Project funded by this Contract. The requirements of this Section are to be included in all sub-recipient agreements, subcontracts and assignments. 25. Audit and Monitoring: GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circular A-133 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. GRANTEE shalt provide annual audits through the last fiscal year grant funds are expended. ICDBG Contract Page 5 of 10 06/06 The DEPARTMENT may monitor and make periodic inspections and evaluations of the Project funded by this Contract and any books, accounts, reports, files, and other papers and records pertaining to the Project. GRANTEE shall make its books, accounts, reports, files, and other records available to the DEPARTMENT during regular working hours. GRANTEE shall maintain these books, accounts, reports, files, and other records for at least four (4} years following closeout of the Project. In the event GRANTEE provides any portion of its ICDBG funds in any fiscal year to asub-recipient, such as a special district or anon-profit organization, GRANTEE shall require the sub-recipient to comply with the audit and monitoring requirements of Circular A-133 or Circular A-110. GRANTEE shall be responsible for monitoring sub-recipient compliance with all federal and state laws and regulations including the audit requirements of this Section. GRANTEE agrees that HUD Representatives, the Inspector General or the General Accounting Office shall also have access to all books, accounts, reports, files, and other papers, or properly pertaining to the Project funded by this Contract. 26. Termination. This Contract may be terminated at any time without cause by either party upon thirty (30) days prior written notice being given to the other party. On termination of this Contract, all accounts and payments will be processed according to the terms of this Contract for approved Project work rendered to the date of termination. APPROVED: STATE OF IDAHO CITY OF MERIDIAN Department of Commerce and Labor e ~~ R er .Madsen The Hon abl Tammy de Weerd Director Mayor o idian Date e ~ ~~~ ate '~' ~~ oV~ GQ ~~ ~l~ C~a/n cr.~ ~~~-od ~~Y ~ ~' rf, ~ <~, ' ~ ~' //~~ ,~i//~~!lt0liiilfil{114t\\l+*~a ICDBG Contract Page 6 of 10 06/06 i • For Internal Use of the Department Reviewed and Approved ~ ~(~( ~- 6 Wendi Secrist, Administrator Date ~ ~ Economic Development Division n L ~ ~ ®~ ianna Cloug ,Community velopment Manager Date Rural and Community Development Division v= Lisa Robbins Financial Manager 7. c.. ~ c, Date ICDBG Contract 06/06 Page 7 of 10 ATTACHMENT A ICDBG-06-III-05-SR The Project a. Construction Scope of Work -This project will install fully-accessible interior office doors, modify existing main entrance to be fully accessible, replace windows and dining room soundboards and install air conditioning in the kitchen area. b. Design Professional and Grant Administration -Professional services necessary to complete the construction scope of work and the city's plans in accordance with applicable codes and regulations c. Fair Housing Plan - City of Meridian will adopt Fair Housing Accessibility standards; complete an Analysis of Impediments and name a Fair Housing coordinator. d. 504 Plan -City of Meridian will adopt, then publish a Section 504 Policy on Nondiscrimination including grievance procedures and complete aself-evaluation and transition plan. In addition, the City will also name a 504 coordinator. e. National Objective -This project meets the National Objective of service to low-to-moderate income limited clientele. Total number of LMI to benefit 2,251. State Goals and Objectives - State Goal- Preserved and enhanced living environments State Objective- Increase access to quality facilities and services g. Schedule Grant Administration Contract Executed January 2006 Environmental Release July 2006 Bid Document Approval July 2006 Bid Opening August 2006 Construction Contract Executed August 2006 Start Construction September 2006 Construction 50% Complete October 2006 Second Public Hearing October 2006 Certificate of Substantial Completion November 2006 Construction 100% Complete December 2006 Update Fair Housing Plan August 2006 Update 504 Review and Transition Plan June 2006 Final Closeout December 2006 Final Audit December 2006 ICDBG Contract Page 8 of 10 06/06 ATTACHMENT B Budget Applicant: City of Meridian Project No.: ICDBG-06-III-05-SR Project: Senior Center Rehabilitation Phase II AM®UNTS LINE ITEMS ICDBG Grant City In Kind Private Cash Private In Kind Total Administrative Expenses* $4,600 $4,600 Grant Writing $2,500 $2,500 Project Planning/Design $0 Architectural/Engineering Base Fees $0 Project Inspection Fees $1,164 $1,164 Property Acquisition $0 Relocation Payments to Businesses & Individuals $0 Demolition and Removal $0 Construction and Project Improvement $48,300 $24,950 $73,250 Equipment $0 Legal/Audits $3,000 $3,000 Total Costs $52,900 $4,164 $24,950 $2,500 $84,514 Remarks: *Administrative expenses & project planning design costs when totaled shall not exceed 10% of the total ICDBG amount. ICDBG Contract Page 9 of ?0 06/06 ~- i .~ ,~ ATTACHMENT C ICDBG-06-III-05-SR Mandatory Mitigation Measures To be determined ICDBG Contracf Page 10 of 10 06/06 'tDA~o COMMERCE & LABOR JAMES E. RISCH, GOVERNOR ROGER B. MADSEN, DIRECTOR Date: July 11, 2006 To: The Honorable Tammy de Weerd Mayor, City of Meridian 33 E Idaho Ave Meridian, ID 83642 From: Susie Davidson Regarding: ICDBG-06-III-05-SR Senior Center Rehabilitation Phase II-Accessibility THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: ^ Action: ^ Signature: ~, CONTRACT ^ EXECUT (Sign both copies and return to our office.) ^ ED CONTRACT CONTRACT AMENDMENT (Retain document in your project file.) (Sign both copies and return to our office ) ^ ^ EXECUTED AMENDMENT ENVIR . (Retain document in your project file.) ^ ONMENTAL RELEASE FINDING OF EXEMPTION (Retain document in your project file.) (Retain document in your project file ) ^ ^ SUBCONTRACT APPROVALS ADDITI . (Retain document in your project file.) ONAL CLASSIFICATION ^ CONTRACT AWARD APPROVAL ^ BID DOCUMENT APPROVAL ^ PHONE CONVERSATION FOLLOW UP ^ OTHER COMMENTS: ~,.r.~.. ~~~~~ ~u-i~rac[. rlease sign and return both copies to our office at: Idaho Department of Commerce and Labor 700 West State Street P O Box 83720 Boise, I D 83720-0093 Please contact Susie Davidson at Idaho Commerce & Labor if you have any questions. 208-334-2650 ext. 2146 cc: Jennifer Tomlinson MAIN STREET OFFICE • 317 West Main Street • Boise, Idaho 83735 .208-332-3570 • cl.idaho.gov Equa! Opportunity Employer U IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CFDA #: 14.228 GRANTEE NAME: City of Meridian GRANTEE ADDRESS: 33 E. Idaho Ave. Meridian, Idaho 83642 PROJECT TITLE: Senior Center Rehabilitation Phase II-Accessibility CONTRACT NO.: ICDBG-06-III-05-SR This Contract is made pursuant to the Idaho Community Block Grant Program (ICDBG) and is entered into between the Idaho Department of Commerce and Labor (DEPARTMENT), and the City of Meridian (GRANTEE). The DEPARTMENT and GRANTEE hereby agree as follows: 1. Compliance Requirements: GRANTEE, sub-recipients, contractors, and subcontractors, receiving ICDBG funds shall comply with 24 CFR, part 570 Community Development Block Grants and applicable subparts as amended; the terms and conditions of Federal Grant Number B-06-DC- 16-0001; the procedures in the DEPARTMENT's ICDBG Application Handbook and Grant Administration Manual; and the DEPARTMENT's most current consolidated plan. GRANTEE shall also comply with the federal laws and adopted citizen participation plan as certified to by the chief elected official on the certification page of the GRANTEE's application. 2. ICDBG Amount: The maximum amount of ICDBG assistance awarded by this Contract is Fifty two thousand, nine hundred dollars ($52,900). 3. Match: GRANTEE shall provide thirty one thousand six hundred and fourteen dollars ($31,614) in matching funds for the purposes of completing this project. In the event costs exceed the total dollars budgeted for the project, GRANTEE shall be responsible for providing the additional funds needed to complete the project. 4. The Proiect: Attached hereto as Attachment "A" and incorporated herein is the Scope of Work and Project Schedule. At a minimum, Attachment "A" shall consist of the following components: a. Construction b. Design professional and grant administration c. Fair housing d. 504 transition plan e. National Objective f. State goals and objectives g. Schedule 5. Environmental Standards and Conditional Commitment of Funds: GRANTEE and not the Sub-recipient hereby assumes responsibility for the completion of an environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related laws, as furthered by HUD regulations contained in 24 CFR part 58 and the ICDBG Grant Administration Manual. Notwithstanding any provision of this Contract, the parties hereto agree and acknowledge that this Contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only after satisfactory completion of the ICDBG's environmental review process under 24 CFR Part 58 and issuance of the DEPARTMENT's Notice of Concurrence. The parties further agree that the payment of any funds by the DEPARTMENT under ICDBG Contract Page 1 of 10 06/06 this Contract is conditioned on the DEPARTMENT's determination, in its sole discretion, to proceed with, modify or cancel the project based on the results of a subsequent environmental review and agreement upon and implementation of the mitigation measures required by the DEPARTMENT pursuant to Section 6 of this Contract. 6. Mandatory Mitigation Measures: In the event the DEPARTMENT determines in its sole discretion that the environmental review process requires GRANTEE to implement mitigation measures to comply with federal, state and local environmental laws, regulations or ordinances, the parties agree that this Contract shall be amended to include those mitigation measures. If GRANTEE fails to agree to the Contract amendment for the purpose of including mitigation measures required by the DEPARTMENT, the DEPARTMENT shall be excused from making any disbursements of ICDBG funds under this Contract. 7. Sub-recipient Agreements: Not applicable to this grant. 8. Additional Assurances: GRANTEE shall remain fully obligated under this Contract notwithstanding GRANTEE's designation of third parties for the undertaking of all or any part of the Project that is the subject matter of this Contract. 9. Special Conditions: None. 10. Relationship of Contracting Parties and Indemnification: GRANTEE specifically recognizes and acknowledges that nothing contained in this Agreement shall create, or be deemed to create between GRANTEE and the DEPARTMENT any principal-agent, master-servant, joint venture or employer-employee relationship. GRANTEE is solely responsible for the completion of the project, and agrees to complete the project in accordance with the terms of this Contract. GRANTEE shall defend, protect, and hold harmless the DEPARTMENT and the State of Idaho, and all officers, employees, and agents thereof, against all claims, suits or actions arising from any act of omission or commission of GRANTEE or any of its employees, Sub-recipients or agents while performing any work, services, or activities, or providing any materials relating to or in connection with the performance of this Contract. 11. Period of Performance: Work on the Project covered by this Contract shall begin on May 17, 2006 and shall continue as set forth in Attachment "A" until the Project is completed and closed-out. If GRANTEE has not completed the Project and submitted all ICDBG close-out documents within two (2) years from the projected Certified Substantial completion date as set forth in Attachment "A", all remaining and unexpended ICDBG funds will be retained by the DEPARTMENT. 12. Proiect Budget ~ Payments: Attached hereto as Attachment "B" and incorporated herein is the Project Budget. GRANTEE shall adhere to the budget as outlined in Attachment "B." ICDBG funds cannot be shifted to new activities or between approved activities without an amendment to both Attachments "A" and "B." The use of ICDBG funds for administrative costs shall not exceed a maximum of 10% of the total ICDBG award. GRANTEE may periodically request grant funds up to 100% of the value of work performed for all items in the ICDBG budget, except for the administration and construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied in its sole discretion with the payment request, the DEPARTMENT may pay the amount requested within thirty (30) days from receipt of the request. GRANTEE shall certify that all work that is billed to the DEPARTMENT is complete at the time of the billing. GRANTEE shall be responsible for any discrepancy or error in billing or documentation. ICDBG Contract Page 2 of 70 06/06 • Payment for all ICDBG construction funds may be up to ninety-five percent (95%) of the total ICDBG construction line item as identified in Attachment "B." The remaining 5% of ICDBG construction funds shall be released upon the DEPARTMENT'S approval of the GRANTEE's certificate of substantial completion and other close-out documents as determined by the DEPARTMENT. GRANTEE must demonstrate to the DEPARTMENT that all applicable ICDBG requirements have been satisfied and that all Contract Project files are complete. GRANTEE must submit to the DEPARTMENT all required documentation. The DEPARTMENT shall retain at a minimum 5% of the ICDBG funds budgeted for administration as identified in Attachment "B" until GRANTEE demonstrates to the DEPARTMENT's satisfaction that GRANTEE has met the national objective and complied with all ICDBG grant requirements. Eligible project costs incurred prior to this Contract's effective date may be approved at the DEPARTMENT's discretion, but only if the environmental review for that activity has been completed. 13. Remedv for Noncompliance: If the DEPARTMENT determines in its sole discretion that GRANTEE has failed to comply any term or condition of this Contract, the parties agree that the DEPARTMENT's obligation to make payments under this Contract is suspended until such noncompliant issue or situation is resolved to the mutual satisfaction of both parties. A determination of noncompliance by the DEPARTMENT may occur as a result of, but shall not be limited to, the following events: a. Project construction is abandoned or unreasonably delayed, or is discontinued for a period of thirty (30) consecutive calendar days, without prior written approval from the DEPARTMENT. b. GRANTEE fails to cause Project construction to be completed in accordance with the requirements of this Contract. c. The Project is materially damaged or destroyed by fire or other casualty and the loss, in the reasonable judgment of the DEPARTMENT, is not adequately covered by insurance. d. The existence of any material or intentional misrepresentations of fact by GRANTEE in any document submitted to the DEPARTMENT in support of the grant or in connection with any of the grant documents. e. GRANTEE's failure to furnish to the DEPARTMENT within thirty (30) days and without demand, a true copy of any notice or other document received by or available to GRANTEE disclosing any requirement, deficiency or the violation of any law, regulation or ordinance bearing upon the Project funded by this Contract. f. The Project fails to meet ICDBG requirements as defined by the DEPARTMENT. 14. Contract Amendments: The DEPARTMENT may amend this Contract on its own initiative or at the request of GRANTEE to reflect changes in the Scope of Work, Project Design or Project Budget. Such changes shall be mutually agreed upon, and evidenced by a written contract amendment. In no case shall the nature or purpose of the project be amended from what was generally described in the application except as provided for in the ICDBG's Administrative Rules at IDAPA 48.01.01. 15. Financial and Progress Reports: GRANTEE shall keep books, records, and accounts of all activities related to this Contract. On each interim request for funds submitted to the DEPARTMENT, GRANTEE shall certify that the information contained in the interim request for funds is true and correct based upon GRANTEE's official accounting records. GRANTEE shall also submit a final financial report that details all costs incurred by budget line according to Attachment "B." This report shall be submitted upon completion of the Project funded by this Contract. ICDBG Contract Page 3 of 70 06/06 GRANTEE shall submit progress reports as specified in the DEPARTMENT's Grant Administration Manual. A detailed written final report with documentation of the, activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the Project. GRANTEE shall disburse ICDBG funds within 3 to 5 business days of their receipt. GRANTEE may keep up to $100.00 in interest accrued on ICDBG funds, but shall return any amount in interest over $100.00 to the DEPARTMENT. 16. Other Items and Documents: GRANTEE shall provide the DEPARTMENT all other items and documents as the DEPARTMENT requires for the administration of this Contract within thirty (30) days of the date of the written request. 17. Certified Grant Administrator: In accordance with Idaho Administrative Code all Grantees before expenditure of ICDBG funds are required to have under contract a Department approved Grant Administrator. The Grant Administrator is responsible for administrative duties as outlined in the ICDBG Grant Administration Manual and in accordance with ICDBG's professional services contract. 18. Insurance During Construction: By executing this Contract, GRANTEE warrants that contractor(s) or other parties selected to perform construction work on the project shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the types of insurance deemed necessary by GRANTEE and the DEPARTMENT for the type and amount of construction described in Attachment "A." Further, GRANTEE warrants such insurance coverage shall be written on an "occurrence" basis and will be obtained with the following minimum liability limits: a. Workers' Compensation Insurance and Employer's Liability Insurance: (1) State: Statutory Limits (2) Employer's Liability: $100,000 Per accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee Comprehensive or Commercial General Liability Insurance with the DEPARTMENT as a named insured to include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C) and underground (U) hazards: (1) $1,000,000 Each Occurrence (2) $1,000,000 Personal Injury (3) $2,000,000 Products/Completed Operations to be maintained for two (2) years following final payment (4) $2,000,000 General Aggregate c. Automobile Liability Insurance with the DEPARTMENT as a named insured for bodily injury and property damage: $1,000,000 Combined Single Limit d. Property or Builder's Risk Insurance to include coverage for all direct physical loss, also known as "Special Causes of Loss" in an amount equal to one-hundred percent (100%) of the estimated maximum value of the Project upon completion with the broadest form of "all risk" coverage possible. e. Volunteer Liability Insurance coverage if volunteers are used to do Project work. ICDBG Contract Page 4 of 10 06/06 GRANTEE shall include these same requirements in contracts with grant subrecipients. 19. Contract Services: GRANTEE shall follow ICDBG procurement requirements as outlined in the DEPARTMENT's most current ICDBG Grant Administration Manual, if ICDBG funds will be paying for the services. GRANTEE shall provide the DEPARTMENT with a copy of all requested documents related to the procurement of contract services. 20. Certification Reaardina Debarment: By executing this Contract, GRANTEE certifies to the DEPARTMENT that it will not execute a contract with parties that are identified as debarred, suspended, or ineligible as set forth in 24 CFR part 5. 21. Proiect Sianaae: Upon approval from the DEPARTMENT to proceed with construction, GRANTEE shall, unless otherwise directed by the DEPARTMENT, erect a sign located prominently at each major construction project site. The sign shall be maintained in good condition and shall not be removed until six (6) months after the Project is completed. Project sign requirements shall be provided by the DEPARTMENT. 22. Representation and Warranties: GRANTEE represents, warrants, and agrees that the Project funded by this Contract, both during construction and at the time of completion, and the contemplated use thereof, shall not violate any applicable zoning or use statue, ICDBG mitigation measure, ordinance, building code, rule or regulation, or any covenant or agreement of record. GRANTEE agrees that it will furnish documentation satisfactory to the DEPARTMENT regarding the representations and warranties made in this Section. 23. Use of Real Properly: GRANTEE represents and agrees that the purchase of any property and undertakings pursuant to this Contract are and will be for the purpose of providing, improving, or expanding public infrastructure or facilities. No voluntary or involuntary successor in interest of GRANTEE shall acquire any rights or powers under this Contract without prior written consent of the DEPARTMENT. GRANTEE shall not change the use or planned use of any such property, including the beneficiaries of such use, from that for which the acquisition or improvements were made. If GRANTEE desires to change the use, GRANTEE must submit the request in writing to the DEPARTMENT for prior approval before applying the standards of 24 CFR 570.505. If changes are made without the DEPARTMENT's prior approval, all ICDBG funds disbursed to GRANTEE under this Contract shall become due and payable to the DEPARTMENT and the DEPARTMENT shall be excused from making any further disbursements of ICDBG funds under this Contract. 24. Conflict of Interest of Members. Officers or Emaloyees of Grantee Members of Local Governina Body or Other Public Officials: No member, officer or employee of GRANTEE or its sub-recipients or agents, no member of the governing body where the Project authorized by this Contract is located, and no public official of such locality or localities who exercises any functions or responsibilities with respect to the Project during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with the Project funded by this Contract. The requirements of this Section are to be included in all sub-recipient agreements, subcontracts and assignments. 25. Audit and Monitoring: GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circular A-133 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. GRANTEE shall provide annual audits through the last fiscal year grant funds are expended. ICDBG Contract Page 5 of 70 06!06 The DEPARTMENT may monitor and make periodic inspections and evaluations of the Project funded by this Contract and any books, accounts, reports, files, and other papers and records pertaining to the Project. GRANTEE shall make its books, accounts, reports, files, and other records available to the DEPARTMENT during regular working hours. GRANTEE shall maintain these books, accounts, reports, files, and other records for at least four (4) years following closeout of the Project. In the event GRANTEE provides any portion of its ICDBG funds in any fiscal year to asub-recipient, such as a special district or anon-profit organization, GRANTEE shall require the sub-recipient to comply with the audit and monitoring requirements of Circular A-133 or Circular A-110. GRANTEE shall be responsible for monitoring sub-recipient compliance with all federal and state laws and regulations including the audit requirements of this Section. GRANTEE agrees that HUD Representatives, the Inspector General or the General Accounting Office shall also have access to all books, accounts, reports, files, and other papers, or property pertaining to the Project funded by this Contract. 26. Termination. This Contract may be terminated at any time without cause by either party upon thirty (30) days prior written notice being given to the other party. On termination of this Contract, all accounts and payments will be processed according to the terms of this Contract for approved Project work rendered to the date of termination. APPROVED: STATE OF IDAHO CITY OF MERIDIAN Department of Commerce and Labor ~ ~~ Roger B. Madsen The Hon abl Tammy de Weerd Director Mayor o idian `\'\~~~ i i u i a u r r u,iir~~i ~a°~ ~ dpi, /' ~~ Date ~ ~~~ ate ~ pp Q e ~~~ _ oV+LGQ ~~/ ~!~ CeliinGtiG U~S~o6 "~~ ~ ~ ~^p ~~, ICDBG Contract Page 6 of 10 06/06 For Internal Use of the Department Reviewed and Approved Wendi Secrist, Administrator Date Economic Development Division ~Z• ~ ~ ~b ianna Cloug ,Community velopment Manager Date Rural and Community Development Division ~s---~ Lisa Robbins Financial Manager 7. C'.VC.p Date ICDBG Contract 06/06 Page 7 of 10 ATTACHMENT A ICDBG-06-III-05-SR The Project a. Construction Scope of Work -This project will install fully-accessible interior office doors, modify existing main entrance to be fully accessible, replace windows and dining room soundboards and install air conditioning in the kitchen area. b. Design Professional and Grant Administration -Professional services necessary to complete the construction scope of work and the city's plans in accordance with applicable codes and regulations c. Fair Housing Plan -City of Meridian will adopt Fair Housing Accessibility standards; complete an Analysis of Impediments and name a Fair Housing coordinator. d. 504 Plan -City of Meridian will adopt, then publish a Section 504 Policy on Nondiscrimination including grievance procedures and complete aself-evaluation and transition plan. In addition, the City will also name a 504 coordinator. e. National Objective -This project meets the National Objective of service to low-to-moderate income limited clientele. Total number of LMI to benefit 2,251. f. State Goals and Objectives - State Goal- Preserved and enhanced living environments State Objective- Increase access to quality facilities and services g. Schedule Grant Administration Contract Executed January 2006 Environmental Release July 2006 Bid Document Approval July 2006 Bid Opening August 2006 Construction Contract Executed August 2006 Start Construction September 2006 Construction 50% Complete October 2006 Second Public Hearing October 2006 Certificate of Substantial Completion November 2006 Construction 100% Complete December 2006 Update Fair Housing Plan August 2006 Update 504 Review and Transition Plan June 2006 Final Closeout December 2006 Final Audit December 2006 ICDBG Contract Page 8 of 10 06/06 ATTACHMENT B Budget Applicant: City of Meridian Project No.: ICDBG-06-III-05-SR Project: Senior Center Rehabilitation Phase II AMOUNTS LINE ITEMS ICDBG Grant City In Kind Private Cash Private In Kind Total Administrative Expenses* $4,600 $4,600 Grant Writing $2,500 $2,500 Project Planning/Design $0 Architectural/Engineering Base Fees $0 Project Inspection Fees $1,164 $1,164 Property Acquisition $0 Relocation Payments to - Businesses & Individuals $0 Demolition and Removal $0 Construction and Project Improvement $48,300 $24,950 $73,250 Equipment $0 Legal/Audits $3,000 $3,000 Total Costs $52,900 $4,164 $24,950 $2,500 $84,514 Remarks: *Administrative expenses & project planning design costs when totaled shall not exceed 10% of the total ICDBG amount. ICDBG Contract Page 9 of 10 06/06 ATTACHMENT C ICDBG-06-III-05,SR Mandatory Mitigation Measures To be determined ICDBG Contract Page 70 of 7D 06/06 .~ Date: August 14, 2006 COMMERCE & LABOR JAMES E. RISCH, GOVERNOR ROGER B. MAOSEN, DIRECTOR To: Attention Will Berg Meridian City Clerk's Office 33 E Idaho Avenue Meridian, ID 83642 ~,- ~ . a ` ~+ ~' a.,~ AUG 15 20 City ®f AAerir9 ian City Clerk ®ffice From: Susie Davidson Regarding: ICDBG-06-III-OS-SR THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: ^ Action: ^ Signature: ^ ^ CONTRACT (Sign both copies and return to our office.) EXECUTED CONTRACT (Retain document in your project file.) ^ CONTRACT AMENDMENT EXECUT (Sign both copies and return to our office.) ^ ED AMENDMENT ENVIRO (Retain document in your project file.) ^ NMENTAL RELEASE FINDING (Retain document in your project file.) ^ OF EXEMPTION SUBCON (Retain document in your project file.) ^ TRACT APPROVALS ADDITIO (Retain document in your project file.) NAL CLASSIFICATION ^ CONTRACT AWARD APPROVAL ^ BID DOCUMENT APPROVAL ^ PHONE CONVERSATION FOLLOW UP ^ OTHER COMMENTS: i.~~'-c~ ~ ~f ~ Please contact Susie Davidson at Idaho Commerce & Labor if you have any questions. 208-334-2650 ext. 2146 MAIN STREET OFFICE ~ 317 West Main Street ~ Boise, Idaho 83735 ~ 208-332-3570 • cl.idaho.gov Equal Opportunity Employer ~ ,. ~, ~ • ~.. CITY OF eYi~l~-~~ ,~~ ~ IDAHO }~ ti, C' ~k ~~ TRE,~suRE Vw~Y g 19 3 MAYOR Tannmy de Weerd ~~~ 9, 2006 CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Idaho Department of Commerce and Labor Charles M. Rountree Attention: Susan Davidson Shaun Wardle 700 West State Street P.O. Box~8y3702 CITY DEPARTMENTS Bolse, Idaho 83.20 City Attorney/HR 703 Main Street 898-5506 (City Attorney) RE: ICDBG-06-Z 1-OS-SR Senior Center Rehabilitation Phase II - 898-5503 (HR) Fax 884-8723 Accessibility -Two Original Contracts Fire 540 E. Franklin Road Dear Ms. Davidson, 888-1234/fax 895-0390 Parks & Recreation Enclosed please find two original contracts as noted above. Please return 11 W. Bower Street one completed contract upon your signatures, or a copy of the conformed 888-3579 /fax 898-5501 document upon completion if your records require both originals, to the Planning address below: 660 E. Watertower Lane - suite 202 Attention Will Berg 884-5533 /fax 888-6844 Meridian City Clerk's Office Police 33 E. Idaho Avenue 1401 E. Watertower Lane Meridian, Idaho 83642 888-6678/fax 846-7366 Public Works Please contact our office at {208) 888-4433 if you have any concerns. 660 E. Watertower Lane Suite 200 898-5500 /fax 895-9551 Si(n1cerely, - Building h~ ~ ~y.l~~ ~ _ ~~/i 660 E. Watertower Lane v ~ ' t ~Y ~~/C /~~..`~ Suite 15o Sharon Smith 887-2211 /fax 887-1297 Senior Deputy City Clerk - Wastewater City Of Meridian 3401 N. Ten Mile Road 888-21.91 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 cc: file CITY I IALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CI'T'Y CLERK -FAX 888-4218 FINANCE & UTILI'T'Y BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on retycled paper ~ ~D/~HO COMMERCE & LABOR JAMES E. RISCH, GOVERNOR ROGER B. MADSEN, DIRECTOR Date: July 11, 2006 To: The Honorable Tammy de Weerd Mayor, City of Meridian 33 E Idaho Ave Meridian, ID 83642 From: Susie Davidson Regarding: ICDBG-06-III-05-SR Senior Center Rehabilitation Phase II-Accessibility THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: ^ Action: ^ Signature: ~, CONTRACT (Sign both copies and return to our office.) ^ EXECUTED CONTRACT (Retain document in your project file.) ^ CONTRACT AMENDMENT (Sign both copies and return to our office.) ^ EXECUTED AMENDMENT (Retain document in your project file.) ^ ENVIRONMENTAL RELEASE (Retain document in your project file.) ^ FINDING OF EXEMPTION (Retain document in your project file.) ^ SUBCONTRACT APPROVALS (Retain document in your project file.) ^ ADDITIONAL CLASSIFICATION ^ CONTRACT AWARD APPROVAL ^ BID DOCUMENT APPROVAL ^ PHONE CONVERSATION FOLLOW UP ^ OTHER COMMENTS: I~utsc~ contract. Please sign and return both copies to our office at: Idaho Department of Commerce and Labor 700 West State Street P O Box 83720 Boise, I D 83720-0093 Please contact Susie Davidson at Idaho Commerce & Labor if you have any questions. 208-334-2650 ext. 2146 cc: Jennifer Tomlinson MAIN STREET OFFICE • 317 West Mam Street • Boise, Idaho 83735 .208-332-3570 • cl.idaho.gov Equal Opportunity Employer IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CFDA #: 14.228 GRANTEE NAME: City of Meridian GRANTEE ADDRESS: 33 E. Idaho Ave. Meridian, Idaho 83642 PROJECT TITLE: Senior Center Rehabilitation Phase II-Accessibility CONTRACT NO.: ICDBG-06-III-05-SR This Contract is made pursuant to the Idaho Community Block Grant Program (ICDBG) and is entered into between the Idaho Department of Commerce and Labor (DEPARTMENT), and the City of Meridian (GRANTEE). The DEPARTMENT and GRANTEE hereby agree as follows: 1. Compliance Requirements: GRANTEE, sub-recipients, contractors, and subcontractors, receiving ICDBG funds shall comply with 24 CFR, part 570 Community Development Block Grants and applicable subparts as amended; the terms and conditions of Federal Grant Number B-06-DC- 16-0001; the procedures in the DEPARTMENT's ICDBG Application Handbook and Grant Administration Manual; and the DEPARTMENT's most current consolidated plan. GRANTEE shall also comply with the federal laws and adopted citizen participation plan as certified to by the chief elected official on the certification page of the GRANTEE's application. 2. ICDBG Amount: The maximum amount of ICDBG assistance awarded by this Contract is Fifly two thousand, nine hundred dollars ($52,900). 3. Match: GRANTEE shall provide thirty one thousand six hundred and fourteen dollars ($31,614) in matching funds for the purposes of completing this project. In the event costs exceed the total dollars budgeted for the project, GRANTEE shall be responsible for providing the additional funds needed to complete the project. 4. The Proiect: Attached hereto as Attachment "A° and incorporated herein is the Scope of Work and Project Schedule. At a minimum, Attachment "A° shall consist of the following components: a. Construction b. Design professional and grant administration c. Fair housing d. 504 transition plan e. National Objective f. State goals and objectives g. Schedule 5. Environmental Standards and Conditional Commitment of Funds: GRANTEE and not the Sub-recipient hereby assumes responsibility for the completion of an environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related laws, as furthered by HUD regulations contained in 24 CFR part 58 and the ICDBG Grant Administration Manual. Notwithstanding any provision of this Contract, the parties hereto agree and acknowledge that this Contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only after satisfactory completion of the ICDBG's environmental review process under 24 CFR Part 58 and issuance of the DEPARTMENT's Notice of Concurrence. The parties further agree that the payment of any funds by the DEPARTMENT under ICDBG Contract Page 7 of 70 06/06 • this Contract is conditioned on the DEPARTMENT's determination, in its sole discretion, to proceed with, modify or cancel the project based on the results of a subsequent environmental review and agreement upon and implementation of the mitigation measures required by the DEPARTMENT pursuant to Section 6 of this Contract. 6. Mandatory Mitigation Measures: In the event the DEPARTMENT determines in its sole discretion that the environmental review process requires GRANTEE to implement mitigation measures to comply with federal, state and local environmental laws, regulations or ordinances, the parties agree that this Contract shall be amended to include those mitigation measures. If GRANTEE fails to agree to the Contract amendment for the purpose of including mitigation measures required by the DEPARTMENT, the DEPARTMENT shall be excused from making any disbursements of ICDBG funds under this Contract. 7. Sub-reciaient Aareements: Not applicable to this grant. 8. Additional Assurances: GRANTEE shall remain fully obligated under this Contract notwithstanding GRANTEE's designation of third parties for the undertaking of all or any part of the Project that is the subject matter of this Contract. 9. Special Conditions: None. 10. Relationship of Contracting Parties and Indemnification: GRANTEE specifically recognizes and acknowledges that nothing contained in this Agreement shall create, or be deemed to create between GRANTEE and the DEPARTMENT any principal-agent, master-servant, joint venture or employer-employee relationship. GRANTEE is solely responsible for the completion of the project, and agrees to complete the project in accordance with the terms of this Contract. GRANTEE shall defend, protect, and hold harmless the DEPARTMENT and the State of Idaho, and all officers, employees, and agents thereof, against all claims, suits or actions arising from any act of omission or commission of GRANTEE or any of its employees, Sub-recipients or agents while performing any work, services, or activities, or providing any materials relating to or in connection with the performance of this Contract. 11. Period of Performance: Work on the Project covered by this Contract shall begin on May 17, 2006 and shall continue as set forth in Attachment "A" until the Project is completed and closed-out. If GRANTEE has not completed the Project and submitted all ICDBG close-out documents within two (2) years from the projected Certified Substantial completion date as set forth in Attachment "A", all remaining and unexpended ICDBG funds will be retained by the DEPARTMENT. 12. Proiect Budget ~ Payments: Attached hereto as Attachment "B" and incorporated herein is the Project Budget. GRANTEE shall adhere to the budget as outlined in Attachment "B." ICDBG funds cannot be shifted to new activities or between approved activities without an amendment to both Attachments "A" and "B." The use of ICDBG funds for administrative costs shall not exceed a maximum of 10% of the total ICDBG award. GRANTEE may periodically request grant funds up to 100% of the value of work performed for all items in the ICDBG budget, except for the administration and construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied in its sole discretion with the payment request, the DEPARTMENT may pay the amount requested within thirty (30) days from receipt of the request. GRANTEE shall certify that all work that is billed to the DEPARTMENT is complete at the time of the billing. GRANTEE shall be responsible for any discrepancy or en'or in billing or documentation. ICDBG Contract Page 2 of 10 06/06 ~ ~ Payment for all ICDBG construction funds may be up to ninety-five percent (95%) of the total ICDBG construction line item as identified in Attachment "B." The remaining 5% of ICDBG construction funds shall be released upon the DEPARTMENT's approval of the GRANTEE's certificate of substantial completion and other close-out documents as determined by the DEPARTMENT. GRANTEE must demonstrate to the DEPARTMENT that all applicable ICDBG requirements have been satisfied and that all Contract Project files are complete. GRANTEE must submit to the DEPARTMENT all required documentation. The DEPARTMENT shall retain at a minimum 5% of the ICDBG funds budgeted for administration as identified in Attachment "B" until GRANTEE demonstrates to the DEPARTMENT's satisfaction that GRANTEE has met the national objective and complied with all ICDBG grant requirements. Eligible project costs incurred prior to this Contract's effective date may be approved at the DEPARTMENT's discretion, but only if the environmental review for that activity has been completed. 13. Remedv for Noncompliance: If the DEPARTMENT determines in its sole discretion that GRANTEE has failed to comply any term or condition of this Contract, the parties agree that the DEPARTMENT's obligation to make payments under this Contract is suspended until such noncompliant issue or situation is resolved to the mutual satisfaction of both parties. A determination of noncompliance by the DEPARTMENT may occur as a result of, but shall not be limited to, the following events: a. Project construction is abandoned or unreasonably delayed, or is discontinued for a period of thirty (30) consecutive calendar days, without prior written approval from the DEPARTMENT. b. GRANTEE fails to cause Project construction to be completed in accordance with the requirements of this Contract. c. The Project is materially damaged or destroyed by fire or other casualty and the loss, in the reasonable judgment of the DEPARTMENT, is not adequately covered by insurance. d. The existence of any material or intentional misrepresentations of fact by GRANTEE in any document submitted to the DEPARTMENT in support of the grant or in connection with any of the grant documents. e. GRANTEE's failure to furnish to the DEPARTMENT within thirty (30) days and without demand, a true copy of any notice or other document received by or available to GRANTEE disclosing any requirement, deficiency or the violation of any law, regulation or ordinance bearing upon the Project funded by this Contract. f. The Project fails to meet ICDBG requirements as defined by the DEPARTMENT. 14. Contract Amendments: The DEPARTMENT may amend this Contract on its own initiative or at the request of GRANTEE to reflect changes in the Scope of Work, Project Design or Project Budget. Such changes shall be mutually agreed upon, and evidenced by a written contract amendment. In no case shall the nature or purpose of the project be amended from what was generally described in the application except as provided for in the ICDBG's Administrative Rules at IDAPA 48.01.01. 15. Financial and Progress Reports: GRANTEE shall keep books, records, and accounts of all activities related to this Contract. On each interim request for funds submitted to the DEPARTMENT, GRANTEE shall certify that the information contained in the interim request for funds is true and correct based upon GRANTEE's official accounting records. GRANTEE shall also submit a final financial report that details all costs incurred by budget line according to Attachment "B." This report shall be submitted upon completion of the Project funded by this Contract. ICDBG Contract Page 3 of 70 06/06 GRANTEE shall submit progress reports as specified in the DEPARTMENT's Grant Administration Manual. A detailed written final report with documentation of the activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the Project. GRANTEE shall disburse ICDBG funds within 3 to 5 business days of their receipt. GRANTEE may keep up to $100.00 in interest accrued on ICDBG funds, but shall return any amount in interest over $100.00 to the DEPARTMENT. 16. Other Items and Documents: GRANTEE shall provide the DEPARTMENT all other items and documents as the DEPARTMENT requires for the administration of this Contract within thirty (30) days of the date of the written request. 17. Certified Grant Administrator: In accordance with Idaho Administrative Code all Grantees before expenditure of ICDBG funds are required to have under contract a Department approved Grant Administrator. The Grant Administrator is responsible for administrative duties as outlined in the ICDBG Grant Administration Manual and in accordance with ICDBG's professional services contract. 18. Insurance Durins~ Construction: By executing this Contract, GRANTEE warrants that contractor(s) or other parties selected to perform construction work on the project shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the types of insurance deemed necessary by GRANTEE and the DEPARTMENT for the type and amount of construction described in Attachment "A." Further, GRANTEE warrants such insurance coverage shall be written on an "occurrence" basis and will be obtained with the following minimum liability limits: a. Workers' Compensation Insurance and Employer's Liability Insurance: (1) State: Statutory Limits (2) Employer's Liability: $100,000 Per accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee b. Comprehensive or Commercial General Liability Insurance with the DEPARTMENT as a named insured to include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C) and underground (U) hazards: (1) $1,000,000 Each Occurrence (2) $1,000,000 Personal Injury (3) $2,000,000 Products/Completed Operations to be maintained for two (2) years following final payment (4) $2,000,000 General Aggregate c. Automobile Liability Insurance wfth the DEPARTMENT as a named insured for bodily injury and property damage: $1,000,000 Combined Single Limit d. Property or Builder's Risk Insurance to include coverage for all direct physical loss, also known as "Special Causes of Loss" in an amount equal to one-hundred percent (100%) of the estimated maximum value of the Project upon completion with the broadest form of "all risk" coverage possible. e. Volunteer Liability Insurance coverage if volunteers are used to do Project work. ICDBG Contract Page 4 of 10 06/06 GRANTEE shall include these same requirements in contracts with grant subrecipients. 19. Contract Services: GRANTEE shall follow ICDBG procurement requirements as outlined in the DEPARTMENT's most current ICDBG Grant Administration Manual, if ICDBG funds will be paying for the services. GRANTEE shall provide the DEPARTMENT with a copy of all requested documents related to the procurement of contract services. 20. Certification Regarding Debarment: By executing this Contract, GRANTEE certifies to the DEPARTMENT that it will not execute a contract with parties that are identified as debarred, suspended, or ineligible as set forth in 24 CFR part 5. 21. Proiect Signage: Upon approval from the DEPARTMENT to proceed with construction, GRANTEE shall, unless otherwise directed by the DEPARTMENT, erect a sign located prominently at each major construction project site. The sign shall be maintained in good condition and shall not be removed until six (6) months after the Project is completed. Project sign requirements shall be provided by the DEPARTMENT. 22. Representation and Warranties: GRANTEE represents, warrants, and agrees that the Project funded by this Contract, both during construction and at the time of completion, and the contemplated use thereof, shall not violate any applicable zoning or use statue, ICDBG mitigation measure, ordinance, building code, rule or regulation, or any covenant or agreement of record. GRANTEE agrees that it will furnish documentation satisfactory to the DEPARTMENT regarding the representations and warranties made in this Section. 23. Use of Real Properly: GRANTEE represents and agrees that the purchase of any property and undertakings pursuant to this Contract are and will be for the purpose of providing, improving, or expanding public infrastructure or facilities. No voluntary or involuntary successor in interest. of GRANTEE shall acquire any rights or powers under this Contract without prior written consent of the DEPARTMENT. GRANTEE shall not change the use or planned use of any such property, including the beneficiaries of such use, from that for which the acquisition or improvements were made. If GRANTEE desires to change the use, GRANTEE must submit the request in writing to the DEPARTMENT for prior approval before applying the standards of 24 CFR 570.505. If changes are made without the DEPARTMENT's prior approval, all ICDBG funds disbursed to GRANTEE under this Contract shall become due and payable to the DEPARTMENT and the DEPARTMENT shall be excused from making any further disbursements of ICDBG funds under this Contract. 24. Conflict of Interest of Members. Officers or Employees of Grantee. Members of Local Governing Body or Other Public Officials: No member, officer or employee of GRANTEE or its sub-recipients or agents, no member of the governing body where the Project authorized by this Contract is located, and no public official of such locality or localities who exercises any functions or responsibilities with respect to the Project during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with the Project funded by this Contract. The requirements of this Section are to be included in all sub-recipient agreements, subcontracts and assignments. 25. Audit and Monitoring: GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circular A-133 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. GRANTEE shall provide annual audits through the last fiscal year grant funds are expended. ICDBG Contract Page 5 of 10 06/06 The DEPARTMENT may monitor and make periodic inspections and evaluations of the Project funded by this Contract and any books, accounts, reports, files, and other papers and records pertaining to the Project. GRANTEE shall make its books, accounts, reports, files, and other records available to the DEPARTMENT during regular working hours. GRANTEE shall maintain these books, accounts, reports, files, and other records for at least four (4) years following closeout of the Project. In the event GRANTEE provides any portion of its ICDBG funds in any fiscal year to asub-recipient, such as a special district or anon-profit organization, GRANTEE shall require the sub-recipient to comply with the audit and monitoring requirements of Circular A-133 or Circular A-110. GRANTEE shall be responsible for monitoring sub-recipient compliance with all federal and state laws and regulations including the audit requirements of this Section. GRANTEE agrees that HUD Representatives, the Inspector General or the General Accounting Office shall also have access to all books, accounts, reports, files, and other papers, or property pertaining to the Project funded by this Contract. 26. Termination. This Contract may be terminated at any time without cause by either party upon thirty (30) days prior written notice being given to the other party. On termination of this Contract, all accounts and payments will be processed according to the terms of this Contract for approved Project work rendered to the date of termination. APPROVED: STATE OF IDAHO CITY OF MERIDIAN Department of Commerce and Labor D~~ R er .Madsen The Hon abl Tammy de Weerd Director Mayor o idian Date ~o ate >~~ ~ ~ a,° j~a3 ~ ` V!/ '~,//,~//11lI1i19itF91'',~`, , , ICDBG Contract Page 6 of 10 06/06 For Internal Use of the Department ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Reviewed and Approved /~~/~IWU ~` 6 Wendi Secrist, Administrator Date Economic Development Division n ~' ~ ~ ®~ ianna Cloug ,Community velopment Manager Date Rural and Community Development Division .~ ~- Lisa Robbins Financial Manager 7. c.- ~ c, Date ICDBG Contract 06/06 Page 7 of 10 ~ ~ ATTACHMENT A ICDBG-06-III-05-SR The Project a. Construction Scope of Work -This project will install fully-accessible interior office doors, modify existing main entrance to be fully accessible, replace windows and dining room soundboards and install air conditioning in the kitchen area. b. Design Professional and Grant Administration -Professional services necessary to complete the construction scope of work and the city's plans in accordance with applicable codes and regulations c. Fair Housing Plan -City of Meridian will adopt Fair Housing Accessibility standards; complete an Analysis of Impediments and name a Fair Housing coordinator. d. 504 Plan -City of Meridian will adopt, then publish a Section 504 Policy on Nondiscrimination including grievance procedures and complete aself-evaluation and transition plan. In addition, the City will also name a 504 coordinator. e. National Objective -This project meets the National Objective of service to low-to-moderate income limited clientele. Total number of LMI to benefit 2,251. f. State Goals and Objectives - State Goal- Preserved and enhanced living environments State Objective- Increase access to quality facilities and services g. Schedule Grant Administration Contract Executed January 2006 Environmental Release July 2006 Bid Document Approval July 2006 Bid Opening August 2006 Construction Contract Executed August 2006 Start Construction September 2006 Construction 50% Complete October 2006 Second Public Hearing October 2006 Certificate of Substantial Completion November 2006 Construction 100% Complete December 2006 Update Fair Housing Plan August 2006 Update 504 Review and Transition Plan June 2006 Final Closeout December 2006 Final Audit December 2006 ICDBG Contract Page 8 of 10 06/06 ~ ~ ATTACHMENT B Budget Applicant: City of Meridian Project No.: ICDBG-06-III-05-SR Project: Senior Center Rehabilitation Phase II AMGUNTS LINE ITEMS ICDBG Grant City In Kind Private Cash Private In Kind Total Administrative Expenses* $4,600 $4,600 Grant Writing $2,500 $2,500 Project Planning/Design $p Architectural/Engineering Base Fees $0 Project Inspection Fees $1,164 $1,164 Property Acquisition $0 Relocation Payments to Businesses & Individuals $p Demolition and Removal $0 Construction and Project Improvement $48,300 $24,950 $73,250 Equipment $0 Legal/Audits $3,000 $3,000 Total Costs $52,900 $4,164 $24,950 $2,500 $84,514 Remarks: *Administrative expenses & project planning design costs when totaled shall not exceed 10% of the total ICDBG amount. ICDBG Contract Page 9 of 10 06/06 • • ATTACHMENT C ICDBG-06-III-05-SR Mandatory Mitigation Measures To be determined ICDBG Contract Page 10 of 10 06/06 August 4, 2006 AZ 06-007 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 APPLICANT Providence Development Group, LLC ITEM NO. 5-S REQUEST Development Agreement -Request for Annexation and Zoning of 59.88 acres from RUT to R-8 for Solitude Subdivision -south of East McMillan Road and east of North Meridian 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: C~ Phone: -- Q Materials presented at pubUc meelbtgs shop become Properly of The City of Meridian. COMMENTS See attached Development Agreement GVV V v'~ • NGINEER/NG E ,~d~~d.~ OLUT/ONSw To: City of Meridian Attn: Sharon Smith 33 Fast Idaho Meridians ID 83642 ~~. td ~ ~ ~ ~0~~ i50 East Aikens Street, suite B Eagle, ID 83616 ~~`~' ~ ~ F ~ ~ ~ ~ ®I ~ ~ Phone: (208) 938-0980 Fax: (208) 938-0941 LETTER ~E TRA~S~IITT~4L Date: 7/28/2006 Project Name: Solitude Subdivision Project Numt~r: 60331 we are senam ou: Co ies Dated Descri icon 1 Develo ment A regiment F~cecuted Develo r These are transmitted as indicated below: For A royal A roved as Submitted Submit for Distribution X For Your Information A roved as Noted Retum Corrected Prints X As R nested Returned for Corrections For Pn~-Construction For Review and CommentJSi nature Price For Bids Due: Resubmit for royal Remarks: Sharon: Please place this on the agenda for City Council acceptance and send us a copy of the recorded document. Thank you! to: File Shari Stiles ADA COUNTY RECORDER J. D~NAVARRO AMOUNT .00 41 BOISE IDAHO 08/17/06 01:17 DEPUTY Patti Thompson II I I I II'I I II I I II I' I I' I I'I'I I ~I I' I I'll RECORDED-REQUEST OF City of Meridian 1 ~~ 1 ~'4~~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Providence Development Group, LLC, Developer 3. Solitude Development, LLC, Owners THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this Z'~~'`sday of ~,~, ~ _, 2006, by and between City of Meridian, a municipal corporation of the State of Id o, hereafter called "CITY", Providence Development Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho 83642, hereinafter called "DEVELOPER", and Solitude Development, LLC, whose address is 701 S. Allen Street, #106, Meridian, Idaho 83642, hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "Owner" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer" and/or "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of the Unified Development Code, which authorizes development agreements upon the annexationand/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION narF ~ nF i i 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning j urisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 11 ~' day of April, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" andJor `OWNER" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" and/or "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11, Unified Development Code. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION nnr.F~nF>> • 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Providence Development Group, LLC, whose address is 701 S. Allen Street, Meridian, Idaho 83642, the parry developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Solitude Development, LLC, whose address is 701 S. Allen Street, #106, Meridian, Idaho 83642, the parry that owns said "Property" and shall include any subsequent owner(s) of the "Property". 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 Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified in Meridian City Code Section 11 which are herein specified as follows: Construction and development of a Certificate ofZoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-8 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-007 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION pnr.FZnF>> 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2. That all future development of the subj ect property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3. That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5. That the applicant voluntarily agrees to construct a pedestrian pathway along Meridian Road in front of the 5-acre out-parcel. A pedestrian pathway along Meridian Road that extends the entire length of the western subdivision boundary (including the 5-acre out-parcel) shall be installed prior to occupancy of any new dwelling units on this properly. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION nerF a nF i i "Developer" and/or '`Owner" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (6) months of such notice. g• INSPECTION: "Developer" and/or "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9• DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDMSION per.FSnF~i 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" andlor "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" and/or "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". DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION PAGE 6 OF 11 r ~ 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Solitude Development, LLC Attn: Justin Hubble 701 S. Allen, # 106 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Providence Development Group, LLC Attn: Justin Hubble 701 S. Allen Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION PAGE 7 OF 11 • • any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" and/or "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has fully performed its obligations under this Agreement. 2D. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and/or "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION PAGE 8 OF 11 • • 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER PROVIDENCE DEVELOPMENT GROUP, LLC By: E. Don Hubble OWNER SOLITUDE DEVELOPMENT, LLC By: E. Don Hubble DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION PAGE 9 OF 11 • CITY OF MERIDIAly BY: MAYOR Attest: CLERK C)' ~, si ~® i ra ~~i~~ _ ~~ ~ ~~~ `~ q /~i qq /i/,,,~~`/~iiiY191 itt19944\4~t~,iaa STATE OF IDAHO, ) ss County of Ada, ) Y//~~de WEERD (iJ~ C~Gc.e ~-8-~6 On this ~! L_' day of ~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared E. Don Hubble, known or identified to me to be the Manager of Providence Development Group, LLC, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~gF~ZI (SEAL) .' ~ NOp -'' q~t+ r-.,~ ~ ~;~ GBLIC •~~ ~~oF IDAHO DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION PAGE 10 OF 11 My Commissio Ldp Colt~elat x:12-2g-201f ~~ STATE OF IDAHO, ) ss County of Ada, ) On this ' (/~~ ` - day of ~~ 2006 before me the undersigned, a Notary Public in and for said State, p rsonally appeared E. Don Hubble, known or identified to me to be the Manager of Solitude Development, LLC, acknowledged to me that he executed the same on behalf of said corpdration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~,.....u...,,.,,~. (SEAIs~y • b ~p ~, ` ~ ~, ~ N tart' Pu lic r Idaho ,,, •~ ~~, ~ e~ ~. Residing at: •'• ~ ~ ~ •`~ My Commissi ~;~~~ ,,,9• ° ,~ .••~°', ComN~~bn ugpirea:l2•~2011 STATE OF I~lC1 ss County of Ada ) On this t~'' day of IQlaquSt. , 2006, before me, aNotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •• ~ '~0 T,q ,,~•• (S~~'~ ~ Notary Public for Idaho • ~, ;' ~ Residing at: (' i ~ 11 , l p ''.~;' : Commission expires: ! 0 -1 l -t ! DEVELOPMENT AGREEMENT (AZ 06-007) SOLITUDE SUBDIVISION PAGE 11 OF 11 • ~1T A A parcel of lead looat~ in cloverament Lot 1, Searon 3 ], rowas63p 4 North. Rsage 1 East, Boise M~~ adn ~Y. . aoae 1']Y desaibed as follows: Commencing at due ~ cap, #5291.>gflteNot~ar~ onmerofsald Section 31, r 4 North, Itamge I ~, Boise Mnidiaq maid point ~ also ~ p~~ ice Nordt 89 59'26" East abag the North 1ma of(iavetnm~Lot 1 and tine N ofthe Noid-west gmclcr ofsaid Scotism 31, a dlstaaoeof 1423.56 beet to the Northeast tx~ of the West halfofthe WesthaS'ofthe NatBteast 9~ ofdxNorfliwestgmrtarof~id Section 3 ]; thence Saatlt 00 degrees 23'56' Wastatangtho maid Brat line ofthe West6alfofthe Westbalfoflite Northeast tlaatter oftheNotgtweet tlnttrter of Secdoa 3i, a dfstanoe of25.00leetm a found 1f5 ra6ar and cap At4347; thence Sauth ~ degrees 23'56" ~y~stongtSemtIdgasty~ oftha W~ehalfofdta Wesihelfofthe Northeast gaattar oftha Northvrost quarter of Seam 31, a distesoc of 1969.73 feet to a fotmd 8'•5 caber and cap 114347 $ue Sam couursofthe Wa~athalfofthe Nt~of the 9~oPUmAimth~q~rofsadd Sawa 31; thgaee Soudt 89 degrees 57'Sd" West along the Soadu Nee ofthe said Walt hetf ofthe Norte 9 of the Sontheest ofthe Dierthwest 'gad the Sotah lhte ofthe Nioath hail of Goverame~Lot 2, Sedan 31, a diataooe of 1393.57 Seetso a lotted d5 caber ettd ~ tY4347; thetn:e distance of few ~ the Sontlm~t comer aft>u said North halfofGovarnmentmeaen duets North 00 degrees 15'19P' Best atorg tfie Wei ILtc of(loveraatduc Lots 1 end 2 of said Section 31, a diamttea of 1150.10 feet; dunce Saudt 89 degrees 49`50" East, n dim of25.00 feet to a fwmd its ttbar/yailow P>asge tit 04347; t>asnoe e~p~iag X89 degrees 49'50" East, a distenoa of 459.44 icet m a fly ttdtarl2" eltuninum cap 115461; Nondt 00 degrees 107.x"Bast, a distance of467.84 feat m a#S tebad2^ahtm~um cap ti5461; thence North 89 degrees 49.50" Wass, a dp'sOance of45~77 feaito n #5 tebarlZ" slamdattm eap 63461; theta North 84 degrees 49'50" West, a diss~oe of23.00 feet m West lire elQovera+aeat 1,aq l ofsand Sectioo 3 t; tlt~ee North 00 degr4es 1520" East a~g ~ West line of pave ~ 1 ofanid Seaion 31, a distatt~x ttf37736 featbrt~pehtt~b~g; EJtHYB1T A A parcel of land located Tk Clovanmetu Lot 1. Sermon 3l, Tawas63p 4 North. Range 1 East, Horse M°t~ Ada CO~'• more pardratlarly described as SoHavrs: commencing at due t>tt~ agt, 95291, masidng dteNarthwesccotacr of~ld settles 31, Towadrip 4 North, Iisage 1 Boise Maidieo, said point hrecssg aim the polar ofg; thwtce North 89 degrees 59'26" Easx along the North Hae of (lavetnmmtLot 1 and the NoNu~t 9~ ofthe Northwestgmrur ofaeid Serxlon 3i, a dlstanoeof 1423.56 fret to rite Nordheast corner of dre Vvest half 'the Wert lualf of Bte Nax~aat gaa~tar of the ldort6w~t quarter of9aid Section 3!; thence 5outlr 00 degrees 23'56' Werit along the said Easel Ime ofthe Nest halfofdm blast half oflhe Northeast tlomtar of the Notthurost tlnatter of Set4toon 3I, a distance of25.00 feet tp a fauad 9g re{~s and cap 94349; dreuce South OQ degcep 23'56" Wt~aloagthe said East Hoe oftha W~thalfofdra West halfofdte Northeast grtarteF oftheNotdrvtart gnarterofSa~n 31. a disc of 1969.73 fsetto a t3otmd 95 rebar and cap 94347 madang drn SaatLeaat comeroPtha Waethalf of the Northwest qus~ of the Southeast gea~oYtheNordrw~cquattecafsatd Sccdon 31; drenae of he ~~ 57.50° West along dm SoaW Has of dra said West half of the Northwest 9~ ~' ofthe Northwest gaarberand dm sondr ihm ofdreNorth htdfof Goveratnear Lot 2. Section 31, a dlstaaoe Of 1393.57 feet 1o a found fF5 mbar and cep 94347; tlranxi condntthtg distance of ~ ~ the , ofthe said North haffafCmvenrmear tot 2; tlnnce North 0o dagret>s I S'19" F,asc along dte Wit )~ ofclovaamart Lots I end 2 ofsald Section 31, a dismace of 1150.10 feet; dance Soutlr 89 degrees 49'50" East, n distaoa of25.00 fear W a ~ 95 rei~ellgw phretie csp 94347; thence corminu~g South 89 degree 49'50" EasC a diatemoo of 459.45 iset m a 95 te6ar/2" aimarotnn enp i~5461; dr~ce ~~ 00 degzas ] 0'2'x" Heat, a distantx of 467.89 feEt to a95 rebed2°ahrm~mrm cap 95461; frN~89 degrasg 49'50" Wad, a dr~anoe of45&77 feet so a #5 tebar7L" alr~laum cap 95461; North 89 degrees 49'50° bleat, a dlatanae of23.00 fret m West lire ~Q ~ L ofs~cl Secdoo 31;fheace North QQ dagrps 15`20" East a~g dre West iiae of Oovetnmear I.ot 1 ofsatd Serxlao 3 i. a drstetwe of377.36 feat tadm polffi ofbtg; CITX OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER t RECEIVED qPR 1 Z 2006 eridian Office ,, ~~ In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-g (Medium-Density Residential) AND Preliminary Plat approval of 225 single-family residential building lots and 9 common lots on 59.$$ acres, for Solitude Subdivision, by Providence Development Group, LLC. Case No(s).: REVISED A~06-007 and PP-06-006 For the City Council Hearing Date of: April 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference} 3. Application and Property Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached. Staff Repart for the hearing date of April 11, 2006 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 Couneil 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 Gity Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-007/ pp-06-006 -PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached StaffReport for the hearing date of April 11, 2006 incorporated by reference. The conditions are concluded to be reasonable atad 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. Tfie applicant's Preliminary Plat as evidences by having submitted the Preliminary Plat by Engineering Solutions dated January 13, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 11, 2004 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered far final approval without resubmission for prelimmnary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613- 7.A, the Director may authorize a single extension of fume to record the final plat not to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiSiON & ORDER CASE NO(S). AZ-06-007! PP-06-006 -PAGE 2 of 4 exceed eighteen (18} months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined, relimin final plat or short plat to comply with the current provisions of Meridian City Code d Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings ,Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body ofthe 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 April 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONG[,US10NS OF IAW AND DECISION & ORDER CASE NO(S). AZ-06.007/ PP-06-006 -PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~~' da of 2006. y COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE GORTON COUNCII, MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: WII-LIAM G. BERG, VOTED~~y~, VOTED VOTED VOTED VOTED -~"-' de WEERD ~' s ~ ~ ~' .c~ .~ ~ ~, r ~~,~ . ,• '. 7 ,~~h ~ Copy served upon: 4-'''~pplicant ~lanning Department _,,,P ublic Works Department City Attorney B : Dated: 9"- ZI Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEC1SiON & ORDER CASE NO(S). AZ-06-007/ PP-06-006 -PAGE 4 of 4 CITY OF MERIDIAN PLAT~G DEPARTMENT STAFF REPORT FOR THE G DATE OF April 11, 2006 STAFF REPORT Hearing Date: April 11, 2046 Ta= Meridian City Council 1;ROM: Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT: Solitude Subdivision • AZ-06-007 t iTY :7F ~Yr~~~~- ~, ,~ u~.tttc~ f ,~;~ ~} ~'~ ~. `~`,;; Annexation and Zoning of 59.88 acres from RUT to R-8 zone • PP-06-006 Preliminary plat of 225 single family building lots and 16 common lots on 59.88 acres in a proposed R 8 zone 1. SUMMARY DESCRIPTION OF AP'PLICANT'S REQUEST The applicant, Becky McKay, has applied for Annexation and Zoning (AZ) of 59.88 acres from RUT (Ada County) to R 8(Medium-Density Residential) and Preliminary Plat approval of 225 single family residential lots and 9 common lots on 59.88 acres. The site is located east of N. Meridian Road, and south of McMillan Road. 2. SUNIlVIARY RECOIVIlVIENDATION The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: None. iii. Commenting: None. iv. Staffpresenting application: Joe Guenther v. C3ther staff commenting on application: None. b. Key Issues of Discussio~a by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. Addition of Development ageeement standards for sidewallc along Meridian Road along the out parcel. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ and PP) were submitted to the Planning Departro~ent for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Plannin & Zonin Commission is recommendin a mval of the ro sed Solitude bdivision AZ-06-007 and PP-06-006 . At the Februaiv 1 , _2006 City Council meetin ~ the Council voted 3 1 to approve Ambercreelc Subdivision which lies ad scent t the roe on the w st side of Mendian Ro with the same provisions for a Develo~u-ent A ment as li ted in the Staff Re rt. NQTE: Staff has modified the DA revisions to Saliwde Subdivision AZ-o6-007, pp_06.006 PAGE 1 CITY OE MERIDIAN PLA~G D13PARTMEiVT STAFF REPORT FOR TH~[t1N G DATE OF April l 1, 2006 McMi11 Road to the Meridi Road ' terseetion see Sect on 10, of the S a R ort Staff recommended approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the staff report for the Planning Commission hearing date of Mazch 2, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with the Planning Commissions recommendation. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-007/PP-06-006 as presented in the staff report for the hearing date of Apri16, 2006, and the preliminary plat labeled PP-1, dated January l9, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 007/PP-06-006 as presented in, the staff report for the hearing date of April 6, 2006, for the fallowing reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Recommend Gontinmance After considering all staff, appfi~ and public testimony, I move to continue File Number(s) AZ-06-007/PP-06-006 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: East of Meridian Road, and south of McMillian Wl/2, Section 31, T4N R1E b. Owners: Steiner Development, LLC 5S4 E. Bellvue Road, Ste8 Atwater Ca 95301 c. Applicant: Providence Development Cnoup, LLC 701 S. Allen Street Meridian Id 83642 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Solitude Subdivision AZ-06-007, PP-06-006 PAGE 2 CITY QF MERIDIAN PT,AI~G DEPARTMENT STAFF REPORT FOR THE G DAT)r OF April 11, 2006 1. Date of Preliminary plat (attached as Exhibit Al): January 13, 2006 2. Date of Landscape Plan (attached as Exhibit A2): January 13, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance, By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council an this matter. b• The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Council -March 20, 2006 and Apri13, 2006 Planning Commission -February 13, 2006 and February 27, 2006 d. Radius notices mailed to properties within 300 feet on: Council -March 31, 2006 Planning Commission -February 3, 2006 e. Applicant posted notice on site by: February 18, 2006 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area,: The area is presently mostly agricultural land with rural residences, however the recent approvals of Amber Creek Subdivision to the west and the building Burney Glen Subdivision to the south will drastically change the character of the area to that of a residential neighborhood. c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, Meridian School district site, R-4 2. East: Cobre Basin Subdivision zoned R-4. 3. South: Burney Glen Subdivision zoned R-8. 4. West: Approved, Amber Creek Subdivision, zoned R-8. d. History of Previous Actions: None. e. Existing Constraints and Oppariunities 1. Public Works Location of sewer: Sewer is located in N. Meridian Road on the south side of this prof ect. Location of water: There is water stubbed from Cobre Basin and Burney Glenn Subdivisions as well as installed on all frontage roads. Yssues or concerns: Conceptual sewer plans are not allowing for taking the Cobre Basin lift station off-line. The applicant is warlcing with Public works to address these concerns. 2. Vegetation: Agricultural Solitude Subdivision AZ-06-007, pp_06_OOb PAGE 3 C1TY OF MERIDIAN PLA>~G DEPARTMENT STAFF REPORT FOR THE ~R1NG DATE OF April l 1, 2006 3. Flood plain: NA 4. Canals/Ditches Irrigation: Lemp Canal -Settlers Irrigation District 5. Hazards: None known. 6. Proposed Zoning: R-8 7. Size of Property: 59.88 acres f. Subdivision Plat Information 1. Residential Lots: 225 2. Nan-residential Lots: 0 3. Total Building Lots: 225 4. Common Lots: 16 5. Other Lots: NIA 6. Total Lots: 241 7. Residential Area: 59.88 acres 8. Gross Density; 3.8 units per acre (5.0 net density) g. Landscaping 1. Width of street buffer(s): 40 feet on Meridian Road, 40 feet on McMillan Road 20 feet on Donavan Ave and White Sands Ave (proposed Collector Streets) Street buffers are not required on any internal, local streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 2.99 acres or 7.4% 4. Other landscaping standards: The Starkey Lateral requires tiling as shown, landscaping shall be designed to Settlers Irrigation standards. h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 feet Front (Garage) 20 feet Side 4 feet Rear 12 feet Max. Building Height 35 feet Min. Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Meridian Road to White Sands Ave and from McMillan to N. Donavan Avenue. The applicant will be required to connect to the approved stub from Cobre Basin Subdivision to the east as shown and Burney Glen Subdivision to the South as shown. ACRD has not reviewed the traffic report and conditions of approval will be added when available. Solitude Subdivision AZ-(}6-007, PP-06-006 PAGE 4 CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE ~ING DATE OF April I I, 2006 ?. COR~IlVIENTS MEETING am February 10, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Compazty. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES ANb GOALS 'This property 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 dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 225 single-family lots on 59.88 acres for a gross density of 3.8 dwelling units/acre. Staff finds that the overall density is within the range of a medium density project. 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): ~ Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established dts Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lfe within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sherijf's Office. Once annexed the lands wild be serviced by the Meridian Police Department (11g'D). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). This service wild not change. • The subject lands are currently serviced by the Meridian School District #2. This service wild not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should sujfer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend three stub streets from Cobre Basin Subdivision (Red Rock, Havasu Fadds, and Havasupai Street) grad the applicant will be required to connect to the stub street from Burney Gden Subdivision to the south, which is in compliance with the conditions of approval from ACID?. Solitude Subdivision AZ-06-007, PP-06_006 PAGE 5 C1TY OF MERIQiAN PLAl~(1 bEPARTMENT STAFF REPORT FOR THE ~LRVG DATE OF April 1 f, 2006 ~ Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N. Meridian Road for White Sands Avenue, and one curb cut from McMillan Road for N. Donavan Avenue which was approved by ACHD and is supported by staff Chapter VII, Goal 1V, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant fs proposing a residential zone. Staj finds that the proposed single family residential properties to the south and east, aril the existing residentialproperties to the west will be compatible with the proposed development. • Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single fannily, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request far the R-8 zone. Cobre Basin Subdivision to the east obtained R-4 zoning and Burney Glen Subdivision to the south obtained R-8 zoning. Staff fends that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Sta„~believes that the proposed density (3.8 d.u./acre) and zaning (R-8) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal ar written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONIlVG ORDIl~TANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached. homes as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. 11-3G-1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 6 CITY OF MERIDIAN Pt,AI~fG DEPARTMENT STAFF REPORT FOR THE ~R1NG DATE OF April 11, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS• Based on the policies and goals contauned in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (prepared. on January 12, 2006 by Terry Puegh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.S UDC 11-5$-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses, Due to the location of the a ~t g~rcel and the required off site improvements staff believes that a Devel , t Agreement is necessary to ensure that this property is developed in a fasluan that is consistent with the compre ensive plan designatron and doe not ne atively ~p~, ArbYproperties If the Commission or Caunc~l feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required.. The Council and Commission required the Development Agreement include the following provision: "That the applicant has voluntatil~~ to construct a pedestrian pathwayalong Meridian Road m front of the 5-acre out parcel A e t 'fin pathway along Meridian Raad that extends the entire length of the western subdivision boundary ~includingvtlte S acre out s be metalled nor to u an fan new dwellin 'ts thi r ~° PRELI1tIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a goad location for the proposed residential development. Please see Exhibit D for detailed analysis of facts and findings. 1. Ph_ asina: The applicant is proposing three phases of this development starting at the south and east corners where sewer services aze ciurently available. Phase 1 will include Solitude Subdivision AZ-06-007, PP-06-006 PAGE 7 CITY OF MERIDIAN PG DEPARTMENT STAFF REPORT FOR THE ~R [NG DATE OF April l 1, 2006 connections to Burney Glen Subdivision and the road connection to Meridian Road. Phase 2 will include the bulk of the amenities and the open space lot with two connections to Cobre Basin Subdivision. Phase 3 will connect the development to McMillan Road and the final connection to Cobre basin Subdivision. 2. enities: UDC 11-3G requires residential developments to provide one amenity per 20 acres as part of each plat. The proposed amenities for the subject development include: recreational amenities of a tot lot and gazebo. The proposed open space is shown to make up 7.4% of the site; an additional 5% minimum is required to qualify as an amenity. ~.a Common Open Space: is shown by the applicant as Lot 1 Block 9, Lot 1 Block 14, Lot 12 Block 10, Lots 24 Block 6. All other landscape lots are required buffers. • Lot 1 Block 9 and Lot 1 Block 14 are the main open space lots of 2.74 acres and 1.457 acres common open space • Lot 12 Block 10 and Lot 24 Block 6 are active use lots of 7,115 square feet common open space The total qualified open space is 189,936 sq/ft which is 7.4% qualified open space. 2.b Oualified Site Amenities: Quality of Life Amenity: picnic Area -Gazebo Recreation Amenities: Tot Lotlchildren's play structures Pedestrian or bicycle circulation system amenities: Pathway connections to adjacerrt open spaces 3. stub Streets: The preliminary plat shows a public street connection to the stub streets in the adjacent subdivisions as required. The applicant has also provided two stub streets far the unplatted parcel which contains multiple structures and is left as an enclave. 4. Variance for B);ock Length: ~espp~® -~-+*~ ~> >• •~ r t ~_ e i ~ a ~ t9 C~A~fI: ., ., .. r , , The applicant has added a common lot to address any block length concerns. Pressure irrigation The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. )'f a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 6. Fencing: The applicant has not submitted a detailed. fencing plan (no fencing indicated on the landscape plan dated January 13, 2006) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building Solitude Subdivisi~ AZ-O6-007, PP-06-006 pA~ g CITY OF MERIDIAN PLAP~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF Apri] 11, 2006 permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with, UDC 11-3A-?. A detailed fencing plan in accordance to 11-3A-7 shall be submitted prior to the final plat. 7. Common Areas• Maintenance of all common areas shall be the responsibility of the Solitude Home Owners' Association. 8. Ditches Laterals and Canals• Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 9. Sidewalks: The applicant shall revise the landscape plan to show sidewalk connections at the intersections of Meridian and McMillan. Roads. b. Staff Recommendation: Staff recommends approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the staff report for the hearing date of March 2, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EDITS A. Drawings 1. Preliminary plat (dated: January 13, 2006) 2. Landscape Plan (dated: January 13, 2006) B. Conditions of .Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Solitude Subdivision AZ-06-007, PP-06-006 PAGE 9 CITY OF MERIDIAN PLAI~fG DEPARTMENT STAFF REPORT FOR THE~RING DATE OF April l 1, 2006 A. Drawings 1. Preliminary Plat (dated: January 13, 2006) ~y~ry ,, , :; ,: ~!~ y ..L I}~ :; it } ~I ~ ' if! 4` ~ I' 99 i~~ gg~ ~~I~lw'`~~AaC~ a~I~~AO~~ Rp;~ 1 5~r ~,~ ~i~ ~~i~~~~~iosj~ . ~~I~~~~~a~ ~~ e 98 r >/~~it A C[TY OF MF,RIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF April 11, 2006 2. Landscape Plan (dated: January 13, 200 ~~_ r~ ~! F ~R ~ ,-;~~: Wit. q .~.+~ ~, d <i ~~.~ Exhibit A ~~ coeRE ensiN suecros~oNS - CITY OF MERIDIAN FLAG DEPARTMENT STAFF REPORT FOR THE ~RiNG DATE OF Aprit 1 I, 2006 ,.-.~ i, ~ } 8 i W ~' ~E ,~ Ig ~ I 'e~ S+ 1 '~ 1 _' --- _ __ - N MERIG'AN ReM `_~ 1 .~ r _~ ~~ _~ 1 1 1 I WAY' ~ ! I ~E :.: V. CY~nP¢ G`4 Exhibit A CITY OF MERIDIAN PLAl`~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF April 11, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-pRELIMINARy pLAT 1.1.1 The preliminary plat prepared by Engineering Solutions, dated January 1 ~, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying AnnexationlZoning (AZ-06-007) shall also be considered conditions of the Preliminary Plat (PP- 06-006). 1.1.2 Maintenance of all common areas shall be the responsibility of the Solitude Subdivision Homeowners' Association. 1.1.4 The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and. shall be submitted with the final plat application. A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1. S . This condition has been satisfied with the addition ofpedest~ian connections. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of--way shall be contained. in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway District, and said easement shall be depicted on the final plat or an instrument number referenced in a plat note. 1.1.7 Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6. 1.1.8 Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7. 1.1.9 Any perimeter fencing must be completed prior to issuance of building permits. All fencing should be installed in accordance with UDC 11-3A-7. 1.1.10 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fiilly vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.1.11 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.12 per UDC 113A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 1.2 GENERAL REQU]:REEMENTS PRELIMINARY PLAT Exhibit B CITY OF MERIDIAN PLAl~G DEPARTMENT STAFF REPORT FOR THE I~RING DATE OF April] 11, 2006 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17 and subject to a development agreement as offered by the applicant to include a sidewalk along Meridian Road in front of the out parcel. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single poinct connection to the culinary water system shall be required. If a single-point Connection is utilized, the developer will be responsible for the paymerxt of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of frees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacemt and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation or Nampa Meridian Irrigation Districts. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owmers), with written approval or non approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 12.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/eonditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Meridian Road. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fozrns of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than altercate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The conceptual sewer design submitted with this preliminary plat shows eight-inch main being routed to the lift station location. The final invert elevation is not acceptable as it does not allow for the lift station to betaken off line. The applicant shall install 12-inch main, from the 12-inch in Meridian Road to the northeast comer of this development (the Cobre Basin lift station), or prior to City Council resubmit a conceptual sewer design that facilitates the abandonment of the Cobre Basin lift station. Exhibit $ CITY OF MERIDIAN PL~ DEPAR'CMENT STAI;'F REPORT FOR THE G DATE OF April 11, ZW6 2.3 Water service to this site is being proposed via extension of mains in Cobre Basic and Burney Glenn Subdivisions as well as to the mains located in N. Meridian and E. McMillan Roads. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 Revise Lots 6, and 7 Block 8 to meet the required 50-feet of frontage. 2.5 The applicant has not indicated the pressure irrigation system in this proposed develapznent is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required, prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall. be required. If a single-poiuat connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the f nal plat by the City Engineer, 2.7 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domesticpurposes such as landscape irrigation. 2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, ar lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be requited for all uncompleted fencing, landscaping, amenities, pressurised irrigation, sanitary sewer, water, etc., prior to signature an the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible far application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR TIC RING DATE OF April 11, 2006 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 'T'his is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 One hundred watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. F~ DEPARTMENT 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the 1FC 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. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with as outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7. Operational fare hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The proposed 225-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of S 10 residents at build out. 10. The fire department requests that any future signalizatian installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Where a portion of the facility or building hereafter constructed or moved unto or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route amund the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~R.ING DATE OF April l 1, 2006 a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 12. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. POLICE DEPARTMENT 1. ~~" , 2. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. No comments received. 6. SANITARY SERVICE COMPANY 1. No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Site SDecifac Condations ofApnroval Dedicate a total of 4S-feet of right~f--way from centerline for McMillan Road abutting the site. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 5-foot concrete sidewalk along McMillan Road abutting the site located approximately 38-feet from the centerline of McMillan Road. 3. Construct a westbound left turn lane on McMillan Road at the site access intersection, N. Donovan Street. 4. Construct a 5-foot detached sidewalk along the site's frontage on Meridian Road. The sidewalk shall be located a minimum of 28-feet from the centerline of Meridian Road. If the sidewalk is located within an easement, the District will not require the dedication of additional right-of--way. The applicant should work with ACID and the landowner of the out-parcel that fronts on Meridian Road to extend sidewalk to the intersection of McMillan and Meridian Roads. 5. Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site. 6. Construct the internal struts as 36 -foot street sections with rolled curb, gutter, and 5-foot concrete sidewalks. 7. Provide 21-foot street sections on each side of the proposed center islands. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the Seal plat. The design should be reviewed and approved by AC>FID's Development staff. Exhibit I3 CITY OF MERIDIAN P~G DEPARTMENT STAFF REPORT FOR THF~RIIVG DATE OF April 11, 2006 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of the two new stub streets to the out-parcel stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." • Extend Havasu Falls Street into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Red Rock Drive into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Havasupai Street into the site, from Cobre Basin Subdivision, at the site's east property line. • Extend Donovan Way into the site, from Burney Glen Subdivision, at the site's south property line. • Construct Beaham Avenue as a stub street to the out parcel's south property line located approximately 200-feet east of Meridian Road (measured centerline to centerline). • Construct Copper Ridge Street as a stub street to the out parcel's east property line located approximately 100-feet south of the out parcel's north property line (measured property line to centerline). 9. Construct one roadway, White Sands Avenue, to intersect Meridian Road approximately 600-feet north of the south property line (measured property line to centerline), as proposed. 10. Construct one roadway, N. Donovan Avenue, to intersect McMillan Road approximately 750-feet east of Meridian Road (measured centerline to centerline), as proposed. 11. Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions f~pproval Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk aad any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit B CITY OF MERIdIAN PLA1~G DEPARTMENT STAFF REPORT FOR THE l~R1NG DATE OF April 11, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with aU applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required. prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLIIVE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada. County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Letup Canal and Starkey Lateral. Contacx SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or wlthtn lts easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- constructionmeeting. Exhibit B CITY OF MERIDIAN PLAI~TG DEPARTMENT STAFF R)~PORT FOR THE~RiNG DATE OF April 11, 2006 Exhibit B CITY OF MERIDIAN PLAI'~G DEPARTMENT STAFF REPORT FOR THE RING DATE OF April l 1, 2006 C. Legal besclYption IDAHO 14sa ~~~~ st Sutee P5o SURVEY Meridiare,ldaho 83642 GROUP ~~ ~~? ~~~ F~ Izoal ee4.s3ss January 12, 2006 Proposed Solitude Place Subdlvlsion A parcel of lend located in Government Lots 1 and 2, and the NE ~/, of the NW '/. and the SE'/. of the NW %., of Scetion 31, T.4 N., R.1 E., B.M., Ada County, ideho, more particularly described as follows: Commencing ax the NW corner of the said Section 31, the ItEAI. POINT OF BEGAVNIl~TG; Thence along the North boundary of said Section 31 North 89°59'2S" East, 1423.56 feet; Thence South 00°23'56" West, 1994.73 feet to the SE conger ofthe W '/, of the NW '/. of the SB %. of the NW '/. of said Section 31; Thence along the South boundary ofsaid W %a of the NW %. of the SE '/, of the NW '/., and of Government Lot 2 of the said Section 3I South 89°57'50" West, 1418.57 feet to a point on the West boundary of said Section 31; Thence along said West botutdary North 00°15'20" East, I I50.10 feet; Thence South 89°49'50" East, 484.45 feet; Thence North 00°10'22" East, 467.89 feet; Thence North 89°49'50" Went, 483.77 feet to a point on the West boundary of said Section 31; Thence along said West boundary North 00°15'20° East, 377.37 feet to the POINT OF BEGINNYNG. Containing 59.86 acres, more ar Less. This description written from data of record without benefit of a field survey- AP~~J~ ay~~ JAS 17 M waRKS DEPt C Rrofessional Land Surveyors Exhibit C C[TY OF MERIDIAN PLAi~'G DEPARTMENT STAFF REPORT FOR THE G DATE OF Apri[ 11, 200b 1`'' . e r ~..=~~;,. mO1f°"~`~ I a+~navrrma .m..~. Exhibit C CITY OF MERIDIAN PLAl~'G DEPARTMENT STAI~F REPORT FOR THE ~G DATE OF April l 1, 2Q06 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation ancUor rezone, the Council shall make the following findings: 1. The map amendment complies with the appLcable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. ~. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally permitted Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. ~. The map amendment shall not be materially detrimental to the public health, saf , and welfare; ~3' The Council finds that the proposed zoning amendment will not be detrimental, to the public health, safety, or welfare. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds 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. S. The annexation is in the best of interest of the City (UDC 11-5B-3.E), The R-8 zoning amendment will provide lots that are similar iuo, nature to existing subdivisions in the near vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the Council finds that exation and Zonine of this property to R 8 would be in the best inrterest f tie City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: 1. The Plat is in conformance with the Comprehensive Plan; Exhibit D CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR Tl~ G DATE OF April 11, 2006 The Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. ~• Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3• The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4• There is pablic financial capability of supporting services for the proposed development; The Council recommends the Commission and Council rely upon comr~nents from the public service providers (i.e., police, fire, ACRD, etc.) to determine this finding (See finding Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail,) 4• The development will not be detrimental to the pablic health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with, the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. The Council recommends that the Commission and Council reference an that may be presented to determine whether or not the proposed subdivpision may m~e health, safety or environmental problems of which the Council is unaware. ~• The development preserves significant natural, scenic or historic features, The Council is unaware of any natural, scenic or historic features on this site. Therefore, staff Ends that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Council is unaware, Exhibit D • t August 4, 2~b MERIDIAN CITY COUNCIL MEETING APPLICANT Dave Evans Construction RZ O6-(~ 1 August 8, 2006 ITEM No. _5-T REQUEST Development Agreement -Request for a Rezone of 5.40 acres fr mo R-8 to L-O cones for Sundance Subdivision No. 5 -- northeast comer of Ustick Rood and Meridian 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: g 'I d!P Phone: ~~ ~-~~~ Emailed: YvLv~a..~ ,~ .eY1~ r C.~• C~ Staff initials: ~. Matede~ presented at public meeiln~ s~ become properly of ff~e CNy ~ Meddkut. TOOTHMAN-ORTON ENGIN'~RING COMPANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 FAX 208-323-2399 TO r ~~~~ ~~ ~QQ~~~D~~Q~ DATE JOS NO. ATTENTION Arm ~~~ ~ RE , 17~~{ i~ J~Vy ~~ ~ ~ ~ - i ®/O'/G r GENTLEMEN: WE ARE SENDING YOU ^ Shop drawings - ^ Copy of letter COPIES DATE NO. DESCRIPTION GCrN THESE ARE TRANSMITTED as checked below: REMARKS ^ For approval ^ For your use ^ As requested ^ For review and comment ^ FOR BIDS DUE 19 ^ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: 1/ snelosuree are not as noted, kindly notify ue once. ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints ^ Approved as submitted ^ Approved as noted D Returned for corrections ^ ^ Attached ^ Under separate cover via the following items: G Prints ^ Plans ^ Samples ^ Specifications ^ Change order ^ ADA COUNTY RECORDER J. DNAVARRO BOISE IDAHO 08/17/06 01:17 AMOUNT .00 50 '~ DEPUTY Patt1 Thompson RECORDED-REQUEST OF ~~~ ~~~~~~~'I~'IIIIII'II'I~II'll II~'ll City of Meridian 1 E~~ 1 ~v4~` ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Dave Evans Construction, Developer 3. Gary L. Voigt, Owner The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 28~ day of March, 2002 and recorded May 16, 2002. This addendum is made and entered into this t~7 day of ~~ ~ f , 2006, by and between CITY OF MERIDIAN, a municipal corporation of the tate of Idaho, hereafter called "CITY', and Gary L. Voigt whose address is 71908 Jennie Lee Drive, Idaho Falls, Idaho 83405, hereinafter called "OWNER", and Dave Evans Construction, whose address is 5561 N. Glenwood Street, Boise, Idaho 83714, hereinafter called "DEVELOPER". OWNER /DEVELOPER agree to be bound by the terms of the original Development Agreement (instrument # 102056126), recorded on May 16, 2002 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 102056126, approved on March 28, 2002 and recorded on May 16, 2002, be amended by modifying the following: • Page 1, Item 1.4 - "... `Property"s described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and L-O (Limited Officel..." • Page 2, Item 1.7 - "WHEREAS, City Council, the 5~' day of March 2002 and the lgth day of July. 2006, has approved certain Findings of Fact and Conclusions of Law ..." • Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development and Dave Evans Construction. whose address is..." • Page 4, Item 4.1- "...Construction and development of 214 single family lots and 23 common lots, 12 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential and Office; ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL ADDITION) PAGE 1 OF 6 ~~ o ~ that any proposed uses be consistent with the L-O zoning standards and required processes." • Page 6, Item 11 -Change the condition to read: "That any proposed conditional uses in the L-Ozone, shall require a CUP. The office uses, and all other principally permitted uses of the L-Ozone, are allowed if constructed in accordance with the approved CUP site plan." • Page 6, Item 12 -Change condition to read: "Except for the area adjacent to the driveways to the public streets, construct a minimum 20-foot wide planting strip adjacent to the existing residentially zoned lots to the north and east." 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This second addendum shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL ADDITION) PAGE 2 OF 6 this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City' has conducted public hearing(s) in accordance with tlhe notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDMSION COMMERCIAL ADDITION) PAGE 3 OF 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: DAVE EV~S CONSTRUCTION C. ,~ ,~ ~ By: OWNER: GARY L. VOIGT By: CITY OF MERIDIAN `1111111 /IhlO~ ~!/ ` ~,.~`~~~~ nor T y de Weerd Attest: .~~ C~' ~, '-~ ~p //?~ ~~JJ pp William G. Berg, Jr., ~ ~ ~'~ ~ .fir ~ q /, - 8 q ~s''~/////P1fii01~4~t gy111iF`~t`~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL ADDITION) PAGE 4 OF 6 STATE OF IDAHO, ) ss: County of Ada, ) On this /S~' day of ~ , 200 before me, the undersigned, a Notary Public in and for said State, personal y appeared ~/-n . ,~a/o~ ~/~S on behalf of Dave Evans Construction, known or identified to me to be the P11~Yl~ of said company, who executed the instrument on behalf of said company, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ye~,~this certificate first above written. ~a~q`~8 A rx9~ ~ U~ ~oTA~y ~~ -.~ N pt-B L1C O' ~',re OF 1U~~.~`~~ ~~~ ~ Notary Public foraho Residing at: l~ ~-~ My Commission Expires: t ~l~ STATE OF IDAHO, ) ss: County ofd ~®~,,~,t> ~ Ul ~C_~ On this ~ -~ay of OQ-~-~ G- . , 200 before me, the undersigned, a Notary Public in and for said State, personally appeared Gary L. Voigt, known or identified to me to be the person who executed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ' ~ ,~ Notary Public for Idaho .r..-~ ~' ~ '; pV B `~G. ~ Residing at: /1Si~' ~ ~ ~.~ 'A r(~, .• pa,~' My Commission Expires: //~~j fax` °~ •'a~asN~N~~~•'~~re" ~~~9 T~ U~ \~1~~. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL ADDITION) PAGE 5 OF 6 • STATE OF IDAHO ) ss County of Ada ) On this ~~' day of • , 2006, before me, a Notary Public, personally appeared Tammy de W erd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SE ~ '~' `ems ~-k ~ ,~. ~ 7 6 ~ ~ ~~ : i s ~ ~ ~ ~`. • ~'..D,F ~TDrA~~'~ O~iIJ...~ Notary Public for Idaho .p Residing at: ~ I p Commission expires: _ (Q~-( (-Tt1 ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL ADDITION) PAGE 6 OF 6 EXHIBIT A Legal Description Tt7~Tlf~[A~1.pRTOP+E ~1lGIlvIEERJIITG Ct1141FA1~1~ cotvstnTnvct ~rratr>~s, sutavetot~4 atw.i ~t. ann~xs 9777 CHIPIt)fN l;flt/LEWltf~tl ®t)tSE, IUAH083714-20tl8 29~d-3,23.2288 • FAX 2tia-323-:t2~ In~ix~tae~prcxa,rrget Project: OS i 61 late: February 1, 2{?tafi Pine; t of i Land Description For Re-zottc 6[+ L-O A parcel oi'tattd situated in the Std"Aa cif Sectii~n 31. '1'Qw•nstup ~# lv'orth, (fie l F.:ayt, Noise Meridian, City aFMeridian, Ada (:aunty. Idaho, heitrg a pCirticrn i~1'said SVN !~~ anal a Ix~rtioa ofl.c~t 19 and all rtPLots 2U through 2b, Blc-c:A 7 of ~undanre Suhcli~•iGion Na. 3, as Bled in E3ook R8 of Plats at Pages I (JO?i and 1002(1. Rac;ords of Ada County. Idai•ro. described as foUor~•s: E~lrt~("tTcYTl`~G at an aluminum cap; tatar~ing the corner commoa to Section J 1,'t ownslrip North. Range 1 Gast; Section 36, Township ~ Ncrth, iiattgc l ~4'est; Section 1. 'I'eswnsltip 3 North, Rango 1 West; and Ssctinn 6« `t'ownship 3 ?Yn*04 Itartge 1 East, all &ai:,e Meridian, Ada C~"outuy, Idaho, from which n bra.4s cap, trtat'king tll~*',~n comer eommcn to said Sc~.Kions 3! acrd 3fa bears Iti'.00°S1 `S.U"li, 2bS0.0S- fiat; thanes, along the line iommon !n said Seeticrns 3! and 36 and the centerline of lei. Meridian Road, i y N.(1Ci°S l'j0"F„ 4J4.46 Ceet: thence. along the noftherly Iirte oFsaid Lot 2H and the ~t~terly proteangation thereof, ?) S.R9°08' I4"L-'.. ~7?.l 3 fecx to the northeasters}• comer n!-said Lot <C~; tli,~nce. along the easterly line v!' ~-id Lots 2b and 2S and the snuthti-ly prolongation tlrc'riof, 3) SA0°f l'S0" ~'v`., ~90.8~t feet tc~ the centerline oFF.. lastick R~~d aad the Section litre ct'rnrnnn to said Sections 3! and 6: thence, along said lltie, ~) V.$9°3~' 17"UV'., X77. I~# felt to the PC1Tlr"I' {)F I3EGIIVT'T,1IG. CONTA[!~^li'dG: 5.40 atxes, more or tens. S[J.~,1LCT T{7~: all C:oW~;nants, Rights, Rights-of ~Va}„ Ea.~ments of R~ct+rd and :~n.• Encumbrances. - ('l7ris description w•as prepared frcni r~:e:ard infamtatictn nn the ufl'icial plat of Sundan~:e. Subdivisi~an~51c~. 3, records aPAda t;aunty. Naha) r~~~~mir+~ Fu~c.~c tl'd~3~HitQtrf~c;d3~r61 Ra,asuaJq+c.d~x ~.~,':i~'~'~ 1trT BOr5E ~ Ct)Et7R d'r1~`:E C:i[.D14'ELL v .! ,~ ~G~~1ji7L~~Ii~liU S ©r A(}J C ~Y~~ N~~~+I~~ t-+~?l~~.I~r{N.ti t~ FEE DE ANY Ib~ AMii~2i ~ Q~OS~i 126 ~~ nn~lDianl crier DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. McBirney Property Trust, Owners 3. G.L. Voigt Development, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~ ~'`~ day of ~t cts c~. Zoa y; by and between CITY OF MERIDL4N, a municipal corporation of the State of Idaho, hereafter called "CITY", and McBIRNEY PROPERTY TRUST, hereinafter called "OWNERS", whose address is 1162 Bentoak Lane, San Jose, California 95129-3104, and G.L. VOIGT DEVELOPMENT, hereinafter called "DEVELOPER",,whose address is 1908 E. Jennie Lee Drive, Idaho Falls, Idaho 83404. . RECITALS: 1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the °Owners" or "Developer" make a written commitment concerning the use or development of the subject "Property°; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-13-I2 and 11-16-4.A., which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning of the "Propertyus described in Exhibit A,' and has requested a DEVELQPIMENT AGREEMENT (AZ-O1-012) - 1 • • designation of (R 8) Medium Density Residential District, (Municipal Code of the City of Meridian}; and 1.5 WHEREAS, "Owners° and "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 I.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property° held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 5~!' day of /Ka~+~c-, 2002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings° require~the "Owners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER.S° and "DEVELOPER" deem it to be in its best interest to be_able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and I.10 WHEREAS, "City" requires the "Owners" and "Developer" to enter into a development agreement far the purpose of ensuring that the "Property" is developed and the DEVELOPMENT AQREENIENT {AZ-Q1-012) - 2 subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by 'the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected pxoperty owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629,.January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Cade Title I I and Title 12. 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 lull. 3• DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CIT"Y°: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho $3b42. 3.2 "OWNERS°: means and refers to McBirney Property Trust, whose address is I 1 b2 Bentoak Lane, San Jose, California 95129-3 I04, the party developing said "Property and shall include any subsequent owner(s)Ideveloper(s) of the "Property. 3.3 "DEVELOPER": means and refers to G.L. Voigt Development, whose address is 1908 E. Jennie Lee Drive, DEVELOPMENT AGREEMENT (AZ-O1-012) - 3 ~ ~ Idaho Falls, Idaho 83404, the party developing said "Property° and shall include any subsequent owner{s)/developer(s) of the °Property°. S•4 "PROPERTY°: means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit °A°, attached hereto and by this reference incorporated herein as if set forth at length. 4• USES PERMITTED BY TEAS AGREEMENT: 4. I The uses allowed pursuant to this Agreement aze only those uses allowed under "City°'s Zoning Ordinance codified at Meridian City Code Section I I__ 7-2,SD) which are herein specified as follows: ~ . Construction and development of 214 single family Tots and 23 common Tots, 4 o,~fice lots and a park. Development shall be consistent with the Meridian Comprehensive flan Generalised Lane Use Map which designates the proper y as Single Family Residential; that any prnposed uses other than an o,,~ice use on Lots 45, 47, 49 and S0, Block 7 shall require a conditio~ual use, if constructed in accordance with an approved CUP site plan and plat: 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. ~~ • DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" aze not requixed to submit to pCity° an application for conditional use permit. ~• ~ CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT' AGREEMENT (AZ-O1-oI2) - 4 A. "Owners" and "Developer" shall develop the "Property" in accordance with the following spedal conditions: I. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the pazcel shall be tiled per City Ordinance I2-4-I3. Plans shall be approved by the appropriate irri$ation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-I-4 and 9-48. Wells maybe used for non- . domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any neazby residential areas and in accordance with City Ordinance Sections I 1-I3-4.C, and 12-5-2.M. 4. Two-hundred-Fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or Fire hydrants. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-I-9I) for all off-street pazking azeas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 For use of property. 7. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section I I-I4 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be DEVELOPMENT AGREEMENT (AZ-o1-012) - 5 perntitted. 8. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 12-S-2.TC 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Meridian City Ordinance 12-b sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 11 • 'That any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. 12. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, B1oclc 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4- 7.A., is required~along the property lines of these three lots. 13. Dedicate 48-feet of right-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits}, whichever occurs f rst. 14. Dedicate 48-feet of right-of--way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building.permit (or other required permits}, whichever occurs first. 1 S. Construct the main entrance off Ustick Road, locaxed approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound DEVELOPMENT AGREEMENT (AZ-01-01~) - 6 segment 21-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of the median. 1 d. Construct a center turn lane on Ustick Road for the main entranceNstick Road intersection. Provide a minimum of I00- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with . District staff. 17. Construct a 5-foot wide concrete sidewalk on Ustick Road located two-feet within the new right-of--way. Coordinate the location and elevation of the sidewalk with District staff. 18. Construct a 24 to 30-foot wide driveway on Usdck Road, Ioca.ted 420-feet east of Meridian Road. Pave the driveway its full width and at least 30=feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 19. Construct the main entrance off Meridian Road, located approximately 1,300-Feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of I25- feet from the proposed main entrance to Cedaz Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 2I-foot street section for the inbound segment and construct the outbound segment with~two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a I00-square foot area. Dedicate sufficient right-of--way for the street section plus the additional width of the median. 20. Construct a center turn Lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with DEVELOPMENT AGREEMENT (AZ-O1-o12) - 7 • District staff. 2I. Construct a 24 to 30-foot wide driveway on Meridian Road, Iocated 440-feet north of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 1S- foot radii abutting the existing roadway edge. 22. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of--way. Coordinate the location and elevation of the sidewalk with District staff. 23. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the antiapated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated an the final plat. District policy requires that these street segments be constructed as 3b-foot street sections with, curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 24. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewallcs within 50-feet of right-of--way. 25. Construct the turnarounds to provide a minimum turning radius of 45-feet. 26. Construct a stub street to the north property line between Lot 22, Black I, and Lot I, Block 5 as proposed. A paved temporary turnaround at the end of the stub sweet is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 27. Construct a stub street to the east property line between Lot I3, Block 5, and Lot 48, Block IO as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD DEVELOPMENT AGREEMENT {AZ-O1-012) - 8 • r_ WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 28. ~ Provide a $30,000 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Usticlc Road and Meridian Road. 29. Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners assodation. Notes of this shall be required on the final plat. 30. Relocate any irrigation fadlides or utilities outside of the new right-of--way on Ustick Road or Meridian Road. 3I. Except for one approved driveway on Ustidc Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustiek Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 32. Comply with alI of ACHD's Standard Requirements (9) listed within their letter dated July 9, 2001. 33. All Uniform Fire Codes shall be met. 34. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 35. Operational fire hydrants and temporary or.permanent street signs aze required before combustible construction begins. . 36. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality, , 37. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. DEVELOPMENT AGR~TT (p-Z-01_OI2) - 9 • • __ 38. ~ All radii shall be 2$' inside and 48' outside radius. 39. Insure that alI yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the LTFC. 40. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. 41. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. 42. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, espeaally as it respects to large developments, the Owner/Developer, as condition of annexation and coning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACI-ID Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACRD and shall faithfully. perform the terms of such agreement or agreements. . - 43. Owner and Developer agree that at the time the annexation was approved, sewer service is not yet available for the annexed property. Owner and Developer agree that~they hereby waive any and all causes of action against the City regarding the availability or unavailability of sewer service. No building permits will be issued until the proposed sewer tnznk line has been built and DEVELOPMENT AGREEN~NT (AZ-O1-012) - 10 connected to the City's Wastewater Treatment Plan. 7• COMPLIANCE PERIOD/ CONSENT TO REZONE: This .Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and"Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ' 67-6509, or any subsequent amendments or recodifications thereof. 8• CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent tawit: $.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developer" and if the "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. 4• INSPECTION: "Owners" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and"Developer", "Owners" and "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with ali DEVELOPMENTRGP:EEN~N"T (AZ-of-o12) - 11 of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of any one or more of the covenants ar conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies.of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQTJI,R,EMENT FOR RECORDATION: "City„ shall record either a memorandum of this .Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council, Tf for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING; "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13• REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "C)vvners" and "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. 13.1 In the~event of a material breach of this Agreement, the parties agree that "City" and °`Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; DEVELQp1~NT AGREEMENT (AZ-O1-012) - 12 - --- provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of avil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. 1~• SURETY OF PERFORMANCE; The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "city". I5. CERTIFICATE OF OCCUPANCY; The "Owners" and "Developer" agrees that no Certificates of Occupanry will be issued until all improvements aze completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement stating when. the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. - ABIDE BY ALL CITY ORDINANCES: That "Owners "and "Developer" agrees 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 ~EVEI.OPMENT AGREEMENT (AZ-O1-012) - 13 and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 1 ~• NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three {3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c% City Engineer City of Meridian 600 E. Watertower, Suite 200 Meridian, ID 83642 with copy to: City Clerk City of Meridian 600 E. Watertower, Suite 200 Meridian, ID 83642 ow1vER.s: Mc>iimey Property Trust 1 162 Bentoak Lane San rose, California 95129-3104 DEVELOPER G.L. Voigt Development 1908 E. Jennie Lee Drive Idaho Falls, Idaho 83404 17.1 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. 18• 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 maybe 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. I9. TIME IS OF THE ESSENCE: The parries hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform DEVEY,.OPMENT AGRFR1vrF~' (AZ-O1-012) - 14 any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20• B1NDIIVG UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" has fully performed its obligations under this Agreement. 21 • TN~ALID PROVISION: Tf airy provision. of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "Developer" and "City", other than as aze stated herein. Except as herein otheawise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Couna~i after the "City" has DEVELOPMENT A{}RFR (AZ-oI-o12) - 15 • conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 2~• EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Counal shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the °property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-O1-012) - 16 . ~,. :w ~: .~. .. . AClavawl.,Enc~MENTs .IN WITNESS WHEREOF, the agreement and made it effective as hereinabove provided, ve herein executed this MCBIRNEY PROPERTY TRUST uffla dated January 1,1985, OWNER w. ~m>~l9-V~ ~ ~ • BY: W. Robert McBiiney, Jr, Trustee G. L. VOIGT DEVELOPMENT, DEVELOPER ' BY: Attest: BY: CITY BY: T D. CORRIE Attest: ~~ ~i 17r~ vt~ ~+y C•~ Gocuae...t. 5-~-o z ````` ``,~~ttL' 111111117~/~~`, /'' 8~ + ,~~ ; ., ~ ~. q ~~~rrrltnl Ilutt~~~~ I3EVEL4FMENT AGE (AZ-dl-012) - 17 ~- .., STATE OF CALIFORNIA ) ss: County of Santa Clara } On this ~ day of~ ~ . 20U2 before me, personally appeared W. Robert~McBirney, Jr., Trustee of the McBirney Property Trust, UPT/A dated January 1,1985, known or identified to meta be the person whose name is subscn'bed to the within instrument as Trustee, and acknowledged to me that he executed the same as Trustee on behalf of the aforenamed Trust. `" ~6%/U Notary Public forte ~„~' ~ n ~~ My commission expires: ~~~0 2da~ (SPAL) s~owY ros~u~w- STATE OF IDAHO ) CO'~""~°" ~ ~~~~ NotQyrPu~Ac-Ca~BPan~fa jSS ~ sorita Ciaro cfluniy County ofAda Mycomrnl~treso~r3~~oo~ C)n this ~&~ day of M ~ R~~ ,,. - 2002, before me, acs' K. gc Su W° .~: ~rsonally aPPeared C~ c. trn~ar _ known or idenified to me to be the J'Q~ ••~c ~ of G.L. Voigt Development respesy, and the persan~who executed the instrumem and- acknowledged to me that they have executed the same on behalf of said G:L. Voi'~°~~a Development. . ~Y ~ "~'+a ~S~) Notary My Cc~ ~~ ~v~~ a,~~~ DEVELOPMENT AG~-EE~NT {AZ-Ol-012) -18 • s---- •' STATE OF IDAHQ :ss County of Ada . ~ ~ this ~ day of 2002, before me, a Notary public, personally appeared Robert D. Comie aad G. Berg, known or identified to me to be the Mayor aad Clerk respectively of the City of Meridian, who executed the insGrumeYtt oa behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary lic for Idaho My Commission expires: !~ - $-~S DEVELOPMEN!' AGREEArlENT (AZ-0I-OI2) -19 • EXHIBIT A I„~ Description Of Propgri~ A parcel of land loud in the SW'/s of Section 31, Township 4 North, Range 1 Fast, the SE'/ of Section 36, Township 4 North, Range 1 West, and the NW %4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; Ada Cowrty, Idaho; being more particularly descnbed as follows: . Commencing at the southwest corner ofthe SW %4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, the REAL POINT OF BEGIlVNIlVG of this description; . Thence N 89°3539" W 25A0 feet to a point on the west right-of-way line of IVleridian Road; Thence N 04°54'16" E 1919.33 feet along said west right- of-way to a point; Thence S 89°35'39" E 1655.44 feet to a poi~rt; Thence S 00°54'16" W 19b4.33 feet to a poi on the south right-of-way line of Ustick Road; Along said south right-of--way; Thence N 59°3539" W 538,34 feet to a point; Thence N 00°54'16" E 24.04 feet to a point; Thence N 89°359" W 1091.70 feet to a pouit on the west line of the NW'/ of Section 6, Township 3 North, Range 1 East, Boise Meridian; - Leaving said south right-of--way; Thence N 00°50'16" E 25.00 feet to the REAL POINT OF BEGIlVNING ofthis description, said parcel comprising 74.10 acres, more or less. DBVELpPN1ENT AGREEMENT (AZ-Ol-012) - 20 ,EXHIBIT B F~ of F Concl ions f Conditio of A r DEdELOPMEN`F A~~E~1T (AZ-O1-012) • 21 • ~ -- .... BEFORE THE MERIDIAN CITY COUNCIL C/C 02-I9-02 11V 1`HE MATTER OF THE ) APPLICATION OF G.L. VOIGT ) DEVELOPMENT THE ) APPLICATION FOR ) ANNEXATION AND ZONIIVG ) OF 70.72 ACRES FOR ) SLINDANCE SUBDIVISION, ) LOCATED AT THE ) NORTHEAST CORNER OF E. ) USTICIC ROAD AND N. ) MERIDIAN ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-OI-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GAG APPLICATION FOR ANNEXATION AND ZONIIVG The above entitled annexation and zoning application having come on for public hearing on November 20, 2001, and continued until February 1 q, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Steve Arnold with Briggs Engineering, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1 • There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-O1-Oi2) forth in Idaho Code §§ 87.6509 and 67-8511, and Meridian City Code §§ 1 I-I S-S and 11-16-I. 2• The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and I2, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 2I, 1993, Ordinance No. b29, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 70.72 acres in size, is located at the northeast corner of E. Ustick Road and N. Meridian Road, aII within the Area of Impact of the City of Meridian and the Meridian Urban Service PIanning Area. 4• The owner of record of the subject property is the McBimey Property Trust of San Jose, California; and the applicant is G.L. Voigt Development of Idaho Falls, Idaho. 5• The property is presently zoned by Ada County as RT, and consists of agricultural ground. 8. The Applicant requests the property be zoned as R 8, with the intent to develop 214 single family lots and 23 common Iots, 4 ofFice lots and a park, which is consistent with the Meridian Comprehensive Pian Generalized Land Use Map which FINDINGS OF gp,~ AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICA'T`ION FOR ANNEXATION AND ZONING/SUNDANCE SUBDMSION (AZ-O1-012) designates the subject property as Single Family Residential. ~•. The subject property is bordered to the north,' east and west by agricultural Iand and single fanuiy residences, by Eastbrook Village Subdivision to the South and aty limits of the City of Meridian are adjacent and abut to the tivest and south of the subject property. 8• There are no significant or scenic features of major importance that affect the consideration of this application, 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning . Jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: ~ . Adopt the Recommendations of the Plaxuting and Zoning and Engineering staff as follows: 1 • All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or Iying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigationldrainage district, or lateral users association, tivith written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-I-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 .AND DECISION AND ORDER GRANTING APPLICATION FOR ~NEXATION ,AND ZO1vING/SUNDANCE SUBDNISION {AZ-OI-012) 3• Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with ~ry Ordinance Sections 11.13-4.C. and I2-5-2.M, 4• Ttivo-hundred-fifty-and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall, be installed at subdivider's expense. Typical locations are at street intersections and/or fue hydrants. 5• A drainage plot designed by a State of Idaho licensed azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6• Off-street parking shall be provided in the proposed future commeraal lots in accordance with the City of Meridian Ordinance I I-I3 for use of property. . 7• All signage in the proposed future commeraal Iots shall be in accordance with the standards set forth in Section I1-14 of the City of Meridian . Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. $. Provide five-foot-tivide sidewalks in accordance with City Ordinance Section I2-S-Z.IC 9• All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Applicant shall be requited to enter into a Development Agreement with the City as a condition of annexation. l I • Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 12. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots ~5, 47, 49 and 50, Block 7 shall FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-0I2) J -~ _..--- require a CUP, The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. 13. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the property lines of these three Iots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACHD as follows: 14. Dedicate 48-feet of right-of--way fxom the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs Fast. IS. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of rernrdation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound segment 2I-feet, and construct the outbound segment with two lanes, approximately 29-feet 'vide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of--way for the street section plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page S AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) ~ ~ i 17. Construct a center turn lane on Uscick Road for the main entrance/Ustick Road intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn Iane with District staff. 18• Construct a 5-foot wide concrete sidewalk on Ustick Road Iocated t~vo- feet within the new right-of--way. Coordinate the Iocation and elevation of the side~valIc dvith District staff. I g• Constn~ct a 2~ to 30-foot wide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driver~vay its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 1 S-foot radui abutting the existing roadway edge. 20. Construct the main entrance off Meridian Road, located approximately 1,300•feet north of the south property Iine, as proposed. Verify that the entrance is offset a minimum of 125-feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-faot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate sufficient right-of--way for the street section plus the additional width of the median ~ 1 • Construct a center turn Lane on Meridian Road for the main entrance,/Meridian Road intersection to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDMSION (AZ-01-012) • 22. Construct a 24 to 30-foot tivide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full tividth and at Ieast 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 23. Construct a S-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of--way. Coordinate the location and elevation of the sidewalk with District staff. 24. Broadwater Way shall be designated as a residential coIIector street with no front-on housing, because the anticipated traffic volumes will e,YCeed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot sweet sections with curb, gutter and 5-foot wide concrete sidewalks. Pazking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 2S. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and S-foot wide concrete sidewalks within 50-feet of right-of-tivay. 26. Construct the turnarounds to provide a minimum taming radius of 4S- feet. 27. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved.temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE", Coordinate the sign plan for the stub street with District staff. 28. Construct a stub sweet to the east property line between Lot 13, Block 5, and Lot 48, Block I O as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE°. Coordinate the sign plan for the stub street with District staff. . FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION tAZ-oI-o12~ . • 29. Provide a $30,000 deposit to the Public Rights-of Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 30. Any proposed landscape islands/medians within the public right-of-~vay dedicated by this plat shall be owned and maintained by a homeowners assoaation. Notes of this shall be required on the final plat. 31. Relocate any irrigation facilities or utilities outside of the new right-of- way on Ustick Road or Meridian Road. 32. Except for one approved driveway on Usticlc Road, and one approved driveway on Meridian Road, direct lot or pa~cel~ access to Ustick Road or Meridian Road is prohibited. Lot access Ye'strictions, as required t~vith this application, shall be stated on the final plat. 33. Comply with all of ACI3D's Standazd Requirements (9) listed within their letter dated July 9, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. All Uniform Fire Codes shall be met. 35. That afire-Elo4v of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. 36. Operational Fire hydrants and temporary or permanent street signs aze required before combustible construction begins. 37. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian far water quality. 38. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. 39. All radii shall be 28' inside and 48' outside radius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDMSION (AZ-O1-0I2) • Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that will be otivned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the instaIIation of the pressure system. 42. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especfally as it respects to Iazge developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall became a party to any eventual agreements worked out by the Developer/ACRD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACRD and shall faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. I0. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND QRDER GRANTING APPLICATION FOR ANNEXATIgN ,AND ZOIVIIdG/SUNDANCE SUBDMSION tAZ-O1-OI2j and complies t~vith the candztions set forth in these Findzngs of Fact No. 9, and all sub parts, the economic welfare of the City and its xesidents and tax and rate payers will be protected, a condition of anneation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appeazance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential.chazacter of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. I2. It is found that the zoning of the subject real property as Medium Density Residential District (R-$) requires connection to the Muniapal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page I O AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-0I2) Plan of the City as follows; Land Use Cha ter I.4U Tran ~ rtatian Cha ter I.9v . Parks Chanter 3.I.e. Communit Desi Cha ter 4.4U • 15. The property can be physically serviced with City water. CONCLUSIONS flF LAW 1 • The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § l I-16 provides the City may annex real property ,that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Counal may take judicial notice of government ordinances, and politics, and of actual conditions existing within the City and State. 3• The City of Meridian has exercised its authority and responsibility as provided by "Coca! Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) December 21, 1993, Ord. No. bZ9, January 4, 1994. `I• The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A Goals 1 through 10, inclusive. 5• The zoning of Medium Density Residential District (R $) is defined in the Zoning Ordinance at § I 1-7-Z D as follows: -8 Medium Densi Residential District: The purpose of the R 8 District is to permit the establishment of single- and two-farruly dwelling at a density not exceeding eight (8) dwelling units per acre. This District delineates those azeas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of lazge homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Muniapal water and sewer systems of the City is required. 7. Since the annexation and zoning of land is a~legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho b5, 665 PZd 1075 (1983). 8. The development of the annexed land, if annexed; shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section IZ-4-I3, which.pertains to the piping of ditches; and Section 12-5-2 N, which pertains ~to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page I2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-OI2) ~- 9. Pursuant to Section l1-1b-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND ,CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1 • The applicant's request for annexation and zoning of approximately 70.72 acres in size and zoned Medium Density Residential District {R-$) is granted subject to the terms and conditions of this Order hereinafter stated. 2• The application is for annexation and zoning of 70.72 acres. The Iegal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall confoxm to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3 • Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDMSION (AZ-O1-012) i- i as follotivs: 1 • All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the pazcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2• Any existing domestic wells and/or septic systems within this proyect shall be removed from their domestic service per City Ordinance Section 9-I-4 and 9-4-8. WeIls maybe used for non-domestic purposes such as Landscape irrigation 3. Outside Ughting shaA be designed and placed so. as not to duect illumination on any nearby residential azeas and in accordance with City Ordinance Sections I I.13-4.C. and I2-5 2.M. 4• Two-hundred-fifty and 144-watt, high pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5• A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, I4-1-91) for all off-street parking azeas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6• Off-street pazking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance I I-I3 for use of property 7. All signage in the proposed future commercial Iots shall be in accordance with the standazds set forth in Section I I-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section I2-5.2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXq'I'ION AND ZONING/SUNDANCE SUBDIVISION {AZ-QI-OI2) . • 9• All constncction shall conform to the requirements of the Americans with Disabilities Aet. I0. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. l I . Mendsan City Ordinance I2-b sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the Land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. I2. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall require a CUP. 'T'he office uses aze allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. I3. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACRD as follows: i 4• ~ Dedicate 48-feet of right-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other xequired permits), whichever occurs first. 15. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a ~varranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 16. Construct the main entrance off Ustick Road, located approximately 900-feet east of the ,vest property line, as proposed. Construct the main entrance with one inbound segment 2i-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-Feet wide to total a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GR.ANTTNG AI'PLTCATTON FOR ANNEXA'T'ION AND ZONTNG/SUNDANCE SUBDIVISION (AZ-OI-012) ! ~ minimum of a 100-square foot area. The applicant shall be required to dedicate suffaent right-of-~vay for the street section plus the additional width of tie median. 17. Construct a center tum lane on Ustick Road for the main entrance/Usticlc Road intersection. Provide ~a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 18. Construct a 5-foot wide concrete sidewalk on Ustick Road located twa- feet `vithin the new right-of--way. Coordinate the location and elevation of the sidewalk with District staff. 19. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. 20. Construct the main entrance off Meridian Road, located approximately 1,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125-feet fmm the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Raad. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet dvide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-tivay for the street section plus the additional width of the median. 21. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGiSUNDANCE SUBDIVISION (AZ-OI-012) ~ ~ 22. Construct a 24 to 30-Foot tivide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 23. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-ofway. Coordinate the location and elevation of the sidewalk with District staff. 24. ~ Broadwater Way shall be designated as a residential collector street with no front on housing, because the antiapated traffic volumes wiIi exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District polity requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Pazking shall be prohibited on these street segments. Coordinate the signage plan with District staff. 25. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of--way. 26. Construct the turnarounds to provide a minimum turning radius of 45- feet. 27. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE°. Coordinate the sign plan for the stub street with District staff 28. Construct a stub street to the east property line between Lot 13, Block S, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub sweet is not required. Install a sign at the terminus of the roadway stating that, '"THIS ROAD WILL BE EXTENDED 1N THE FUTURE°. Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1? AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (A,Z-OI-012) 29. Provide a $30,000 deposit to the Public Rights-of--Way Trust Fund for the cost ~of constructing one-quarter of the traffic signal at the intersection of Ustlck Road and Meridian Road. 30. Any proposed Iandscape islands/medians `vithin the publicright-of-way dedicated by this plat shall be owned and maintained by a homeowners .. association. Notes of this shall be required an the final plat. 3 I • Relocate any irrigation facilities or utilities outside of the new right-of way. on Ustick Road or Meridian Road. 32. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 33. Comply with aII of ACHD's Standard Requirements (9) listed within their letter dated July 9, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34, All Uniform Fire Codes shall be met. 35. That afire-flow of I,000 gallons per minute be available to service the entire project. Flre hydrants shall be placed an average of 400' apart. 36. Operational f re hydrants and temporary or permanent street signs are required before combustible construction begins. 3 7. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water q~~''- 38. Fue approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. , 39. All radii shall be 28' inside and 4$' outside iadius. 40. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFC. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page I $ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZOIVING/SUNDANCE SUBDNISION (AZ-OI-OI2) C Adopt the Recommendations of the Nampa SL Meridian Irrigation District as follows: 4Z. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the Distritt, concerning the installation of the pressure system. 42. FiII out and ~etum the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Counal taken at their February 19, 2002 meeting as follows: 43. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvemerns in the North Meridian Planning Area sooner, rather than later, especially as it respects to lazge developments, the (h~mer/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shaII faithfully perform the terms of such agreement or agreements. 44. There shall be a hold harmless agreement executed by the .Applicant and• agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. " 4• The City Attorney shall prepaze for consideration by the City Counal FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page I9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNE~CATION AND ZONING/SUNDANCE SUBDIVISION {AZ-OI-OI2} ~ ~ the appropriate ordinance far the annexation and zoning designation of the real property which is the subject of the application to (R 8) Medium Density Residential District, and Meridian City Code § 1 I-7-2. 5. Subsequent to the passage of the Ordinance provided far in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11.21.1 in accordance with the provisions of the annexation and zoning ordinance. N4'1`ICE ~F FIlVAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-652I an affected person is a person who has an interest in real property which maybe adversely affected by the issuance or denial of the annexation and zoning and who 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. By action of the City Council at its regulaz meeting held an the ~~ day of ~ ~'~~ ~ , 2002. ROLL CALL COUNCILMAN KEITH BIRD ~ VOTED~~=- FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA'T'ION AND ZONTNGISUNDANCE SUBDIVISION (AZ-0I -012) • • ..~ . COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLL~M L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER} DATED: ~ /~-Q 2, MOTION: APPROVE PROVED:- VOTED VOTED VOTED~GQ, VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the CityAttorney. By~ City Clerk Dated: -~''Jt"f~ 2 Zc\WcrtSlMlMeridinnlMeridian lS360M1Sundsrtce Sub A7-01-OIL PPO1-0i5 FINDINGS OF FACT AND CONCLUSIONS OF LAW =Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-01-Q 12 } r . ;. ., 6~~_ ._., k..'J e~ `L~q+. ~ ~' CITY OF ~. %~~l eYlG~1 -.. . ~`~ G~"YI ~ IDAHO YI. f'Mrr=>t o /'~ Trzensur~ V,~Y 903 MAYOR ~ July 27, 2006 Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Tim Mokwa Joseph W. Borton Toothman-Orton Charles M. Rountree 9777 Chinden Blvd. Shaun Wardle Boise, Idaho 83714 .] 9 ~UL 3 1 2006 CITY DEPARTMENTS RE: Preliminary Plat Approval: Sundance Subdivision lvo. 5 (PP-06-014) City Attorney/HR 703 Main Street Dear Mr. Mokwa: 898-5506 (City Attorney) 898-5503 (HR) This letter is to confirm that the City of Meridian's City Council approved the Fax 884-8723 Preliminary Plat application for the subject property at their July 18, 2006 Fire meeting. Per Unifzed Development Code 11-6B-7, approval of a preliminary 540 E. Franklin Road 888-1234 /fax 895-0390 plat, combined preliminary plat and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the Parks & Recreation a roval o t 11 W. Bower Street PP f he preliminary plat or one (1) year of the combined preliminary 888-3579 /fax 898-5501 and final plat or short plat. Planning 660 E. Watertower Lane Any request for an extension must be filed with the Planning Director prior to suite 202 the termination of the period in accord with 11-6B-7A of this section; the 884-5533 /fax 888-6854 Director may authorize a single extension of time to record the final plat not Police to exceed eighteen (18) months. Additional time extensions up to eighteen 1401 E. Watertower Lane (18) months as determined and approved by the Cit Council b d 888-6678/fax 846-7366 y may e grante . Public Works The applicant, Director, or a party of record may appeal this decision or a 660 E. Watertower Lane condition of approval by requesting City Council review of this decision All suite zoo 898-5500 /fax 898-9551 . requests shall be filed in writing with the Planning Department within fifteen B l (1 S) days of the date of this letter and comply with the provisions of UDC 11- - ui ding SA-6B 660 E. Watertower L' ane . Suite 150 887-2211/fax 887-1297 - Wastewater Sincer ly, 3401 N. Ten Mile Road 888-2191 /fax 884-0744 / - Water C 2235 N.W. 8th Street Anna Borchers Canning, AICP 888-5242 /fax 884-1159 planning Director CITY I-IALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 588-4218 FINANCE & UTILI'CY BILLING - FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper ~ ~ CPA 05-001 August 4, 2006 MERIDIAN CITY COUNCIL MEETING August 8, 2~6 APPLICANT South Eagle Rd 8~ Victory Rd Property Owner ITEM NO. 5'V REQUEST Resolution -Request to Amend the future Land Use Map of the Comp Plan for Approximately 50 acres from Medium $~ Low Density Residential to mixed use rec_~ional -northeast $< southeast comers of S. Eagle Rd. 8~ Yctory Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY EIRE 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 Soe t-Itached Resoluflon Wr' ~ OTHER: Contacted: ~ Date: "~ ®4 Phone: Emalied: St In tials: Mater~is preaeMed at public meetings still become properly o! the CHy of Medan. CITY OF MERIDIAN RESOLUTION NO. d6~,~25 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE SOUTH EAGLE ROAD AND VICTORY ROAD AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-3 82; and WHEREAS, the Mayor and City Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the South Eagle Road and Victory Road Area; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDL~N, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE -SOUTH EAGLE/VICTORY ROAD AREA -CPA OS-001 Pagel of 2 .] ADOPTED by the City Council of the City of Meridian, Idaho, this ~~ day of ~- , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ day of ~ , 2006. APPROVED: 1~1111111~ \`\```,~.a~`'' /'~~'Ar JT de Weerd ~~ ATTEST: ~ ~ ~~`~~,~~ <~, = ~~~~ By. ~ ~® William G. Berg, Jr., Ci Cl~k~ ~ ~$,~ ~ <~` Hitl4ilil COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE -SOUTH EAGLE/VICTORY ROAD AREA -CPA OS-001 Paget of 2 • ~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, The State Tax Commission of the State of Idaho and Other Concerned Parties I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No.06-1250, approved by the City Council of the City of Meridian, on the 8th day of August, 2006, is a true and correct copy of the original of said document which is in the4~,,,,,,,,11j1~ care, custody and control of the City Clerk of the City of Meridian. *\`\o~,~.~~ '~~,,,~'r~9 ~ ~~ ~d ~ ~ ~ ' ~ ~.H i ~ lJ ~~ r ~~~ WILLIAM G. BERG, JR., CIT'~ CL K ~ ~ ~ rs~ , ,~~ ~~sy,//~'llflfi111 flii14441t°~~``,,``~ STATE OF IDAHO, ss. County of Ada, ) On this ~i ,. _ day of August, in the year 2006, before the undersigned, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) ~I' (GUl ~l E~VVt.~~l~ Notary Public of Idaho Residing at: rYY7,~. ~.% ~ Commission Expires: j0 -/S-t( Ordinance # 06-1250 -Certification of the City Clerk Page 1 of 1 • August 4, 200b MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~6 APPLICANT ITEM NO. S-V REQUEST Lease Agreement with Xerox new Copy Machine in City Clerk's Office AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at pub8c meeHnps shntl became properly of fhe CHy of Meridian. ' ~ LEASE 1~G ENiEI®IT Full Legal Name Customer Name (Bi71to) MERIDIAN CITY DBAMame Overflow Street Address 33 E IDAHO Box#/Routing City, State MERIDIAN, ID Zip Code 83642-2631 Tax ID# x Customer Name (histall) 1~IERIDIAN CTTy DBA/Name Overflow (if req'd) Installed at Street Address 33 E IDAHO Floor/RoottdRouting City, State MERIDIAN, ID Zip Code 83642-2631 County Installed In ads ~~' Requested Install Date 07252006 ~~ ~, Check all that apply ^ Assoc./Coop. Name: Negotiated Contract #:07144fi703 ^ DSA Contract #: - ^Value Added Services: ^ Attached Customer P.O. #s: Supplies: Lease: State or Local Government Customer .~~~ Int. Rate: % Total Int. Pa le• $ V ReplacementlModificahon of Pnor Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby ^ modified ^ replaced Effective Date: Comments: Lease Information Lease Term : 60months ©Supplies included in Base/Print Charges ^ Refin, of Prior Agrmt.: ^ Xerox (95#): ^ 3rd p Amt Refin: $ Int Rate: % Total Int Payable: $ ~ ~ (with serial number, if in place equipment) Purchase Down Prev Fin'1 Mln. Lease pA• ~*ent Fr ~ WC7665P WC 7665P hon Pa ent Install Intern (pawdac, ex°tudmg ~~ meta chffigesl 1 IFAXLINE 1 STDSCAN 1 D250STPLR FMV $ ^ Monthly ^Quarterl Y 1 ISFAXKTf 1 OBOVR 1 NETACT ^Seroi-Annual ^Annual 1)PCSNCNTL 1)VI{K 1)VKM $ ^ ~~, $ 610.40 : NIDVIM[11VI LEASE PAYMENT (excl. of applic. taxes) Price Information ^ Adiustmen4 Pa.:,.a Periodic Base C e ~ ' " "" ^ - ""1VJ• rurecrea: - $ 610.40 Periodic Base Charge Prmt Charge Meter 1: Print Charge Meter 1: Prints 1 - 10000 $ ~ ,Prints 1 _ Prints 10001 - + $ 0.0060 Prints _ & Prints _ e _ . Print Charge Meter 2: Print Charge Meter 2: Prints 1 - + ' 0.0890 Prints 1 _ Prints _ $ Prints _ Periodic Min.# of Prints Periodic Min.# of Prints (based on Meter 1 Print Charges) 10000 (based on Meter 1 Print Charges) ^ Purchased Sup lies ^ Cash ^ Fin'd 0 Ap Reorder # Qty Description 'ce Software 0 Trade-Ln Allowance Modell uw. rwuwance = Total Allowance Applied to: ^Trade-In Equip. Balance: Mln. Lease Payment Mode ^Advance ^ prteats Periodic Base Charge Print Charge Meter 1: Prints 1 _ Prints _ Print Charge Meter 2: Prints 1 _ Prints _ Periodic Min.# of Prints ..(based on Meter 1 Print Charges) Software 'tial License Fee ~'° Total burial License Fees = ^ K-16 Billing Final Allowanoe Suspension lent #: (check 1 as required) 1,000.00 Momhs affected $ ^ June only ^ July only 1,000.00 ^ August only ^ June -July ©Pnce of Replcmnt Equip.: 1,000.00 ^ July -August Agreement Presented By: CUSTOMER ACts'1V0 Xerox Name: Michelle Barsness Phone:(2081384-5954 [=0R AUTIIpRIZED NQ INTERNAL USE ONLY': AGREEMENT (CONSIST Aoseptzcl: Auth. Signer Name: Aerox Co .ration By: den {Srd aatraa e of.9aattaori;ed Sieraerj Signature: Titla• L1ate: signs ~ 'VJorl:sheet: D261.4t l[nit: 7 725;?006 13:06:5& Auth. Signer Title: E-Mail: W W W.XBIOX. COIIl Tax Exem t d ~Mircr hard Xerox Form# 51860 (052005) ice. Fee Additional potions (check all that anolvl ^ Run Length Plan OFixed Price Plan ^ Per-Foot Pricing ^ Extended Service Hours: Description: / $ 0 mo. ©Attached Addenda: 51860-1(1); 52168 ^ Other Addenda: Name of. ~~= hone: ( 8~ 33 -_ m ~ ,i ~ - Tax x'~'rapPlor ;ficate) ~~ ~~ ~ 1 7252006 ~~~ C.f'~ii-~~'~'~~~ P IIEASE AG ~~+~~' (ADDITiONRODUCTS) Full Legal Name Customer Name (Br71to) MERIDIAN CITY DBA/Name Overflow Date of Customer Signature on Attached Agreement Customer Name (Install) MERIDIAN CITY DBA/Name Overflow (if req'd) Installed at Street Address 33 E IDAHO Floor/Room/Routing City, State MERIDIAN, ID Zip Code 83642-2631 County Installed In ada Customer Requested Install Date 07/25/2006 1 (with serial number, if in place equipment) Purchase tion Anal Services $ M20I $ : NIINIMUM LEASE PAYMENT (excl. of applic. taxes) Price Information n . _„_ _ _ ~_~ ~ ,, - Check all that apply ^ Attached Customer P.O. #s: Supplies: Lease © State or Local Government Customer Int. Rate: % Total htt. Pa ble: $ ^ Replacement/Modification of Prior Xerox Agreement Agreement coveting Xerox Equipment Serial# (or 95#): is hereby ^ modified ^ replaced Effective Date: Comments: Lease Information Lease Term : 60 months Supplies included in BaselPrint Charges ^ Refin. of Prior Agrmt : ^ Xerox (95#): ^ 3rd P Amt Refin: $ ~ ~' Int Rate: % Total Int Payable: $ ~~ Mln. Lease Payment Frea Prey Fin'I (penod~c, exclndmg ~~ ~~ che+sa) Pa ent Install htterm ^ MontlilY ^Quarterl x Y X ^Seori-Annual ^Annual ^ Other Min. Lease Payment R1 de ^Advance ^ ,~~ Periodic Base Charge $ - .a •~.. r, - ivros..vn ecteri: Periodic Base Charge Print Charge Meter 1: Print Charge Meter I Prmts 1 - $ Prints 1 _ Prints - Prints - $ Prints - $ Prints Print Charge Meter 2: `Print Charge Meter 2: Prints 1 _ Prints 1 Prints - Priors _ Periodic Min.# of Prints (based on Meter 1 Print Charges) Periodic Min.# of Prints (based on Meter 1 Print Charges) ^ Purchased Supp lies ^ Cash ^ Fin'd R P„mt ~ n... ^ ApAI ^ Trade-In Allowance Manufacturer ~ ~~ rwowance = Total Allowance Applied to: ^Trade-In Equip. Balance: ^Price of Replcmnt Equip.: F012 AUTI-IOR[ZED lid INTERNAL tJSE ONLY: Worl:shzet: unit: W W W.XeiOX. Coln Periodic Base Charge $ Print Charge Meter 1: Prints 1 _ $ Prints _ Prints _ -~ Print Charge Meter 2: Prints 1 _ $ Prints _ Periodic Min.# of Prints (based on Meter 1 Print Charges) Software _tial License Fee ual Renewal Fee t otat Initial License Fees = ^ K-16 Billing ti Allowance _ Susuension #' (check 1 as required) $ Months affected ^ June only ^ July only $ ^ August only ^ June -July ^ July -August Additional Options (check all that anoly) ^ Run Length Plan ^ Fixed Price Plan ^ Per-Foot Pricing ^ Extended Service Hours: Description: / $ mo. ^ Attached Addenda: Xerox Form# 51860-1 (05/2005) 7/25/2006 Page 2 of 8 n U GENERAL TERMS: The following terms apply to all lease transactions 1. PRODUCTS. The tens "products" shall refer collectively to all equipment (the "Equipment"), software, and supplies ordered under this Agreement. You represent that the Products are being ordered for your own business use (rather than resale) and that they will not be used for personal, household or family purposes. 2. NON-CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND IT CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND YOUR OBLIGATION TO MAKE ALL PAYMENTS DUE OR TO BECOME DUE SHALL BE ABSOLUTE AND UNCONDTI'IONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-0FF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON ~'VHATSOEVER, IRRESPECTIVE OF XEROX'S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER. ANY CLAIM AGAINST XEROX MAY BE ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION. 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY . A. The lease term for this Agreement shall commence upon installation of the Equipment; Provided however for cust i , , omer- nstallable Equipment, the lease term for this Agreement shall commence u on deliv f h p ery o t e Equipment. B. Invoices are payable upon receipt and you a ree t g o pay Xerox each Minimum Lease Payment, all print Charges and all other sums due as follows: (i) if the i i nvo ce displays a due date, payment is due and must be received by Xerox on or before said due date or (ii) if the in i d , vo ce oes not display a due date, payment is due and must be received by Xerox no later than thirty (30) days ~~. the invoi ce date. Restrictive covenants on insttuments or documents submitted for or with Payments you send to Xerox will not reduce your obligations. C. You shall be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you rovide f f p proo o your tax exempt status "Taxes" shall mean any tax, assessment or charge imposed or collected by an y governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the a t moun s payable to Xerox by you for the billing of Products, Print Charges, services and maintenance of any kind; Taxes i nclude, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes, plus any interest and/or penalty thereon but , excluding any personal property taxes and taxes on Xerox's net income. If a taxing authority determines that Xerox did t no collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. You, to the extent required by applicable law, authorize Xerox (or its agent) to obtain credit reports make such other credit i i i , nqu r es as Xerox may deem necessary at any time, furnish payment history information to credit reporting agencies, and release to prospective assignees of this A greement or any rights hereunder credit- related information Xerox has about you and this Agreement. 4. BASIC SERVICES. As a mandatory part of a lease, Xerox (or a designated servicer) will provide the following Basic Services unde thi r s Agreement (unless you are acquiring Equipment for which Xerox does not offer Basic Services; such Equipment to be designated as "No Svc."): A. REPAIItS & PARTS. Xerox will make repairs and adjustments necessary to keep Equipment in good working order (includin h g suc repairs or adjustments required during initial installation). Parts required for repair may be new , reprocessed, or recovered. B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox's standard working hours (excluding Xerox-reco nized h g olidays) in areas within the United States, its territories, and possessions open for re ai i p r serv ce for the Equipment at issue. You agree to give Xerox reasonable access to the Equipment. Basic Services shall cover repairs and adjustm~ required as a result of normal wear and tear or def t i ec s n materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options accessories or oth c , , er connected products not serviced by Xerox, as well as any non-Xerox alterations, relocation, service supplies or , , consumables). you agree to use Equipment in accordance with, and to perform all operator maintenance procedures for Equipment as set forth i th e applicable n, manuals provided by Xerox. C. INSTALLATION SITE & METER READINGS. The Equipment installation i s te must conform to Xerox's published requirements throughout the term of this Agreement. If applicable, you agree to provide meter re di i P a ngs n the manner prescribed by Xerox. h you do not provide Xerox with meter readin gs as required Xerox may estimate them and bill you accordingly. D. EQUIPMENT REPLACEMENT L° Xerox is unable to maintain the Equipment as described above Xerox as l o X , Y°w exc usive remedy for Xerox's ~ le failure to provide Basic Services ~ t ~ q, , an identical product ~ or, at Xerox's option, another product of ualp o ~ t replacement product is provided pursuant this Section there will not be an d Xerox Form# 51860t&c (05/2005) 7l25/200f • additional charge for the replacement product and, except as set forth in the section of this Agreement titled "n'IAINTENANCE COMPONENT PRICE INCREASES", there will not be an additional charge for Basic Services during the then-current term during which Basic Services are being provided. E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for Equipment utilizing cartridges designated by Xerox as customer replaceable units, including copy/print cartridges and xerographic modules or fuser modules ("Cartridges"), You agree to use only unmodified Cartridges purchased directly from Xerox or its authorized resellers in the United States and the failure to use such Cartridges shall void any warranty applicable to such Equipment, F. PC/WORKSTATION REQUIREMENTS. In order. to receive Basic Services and/or Software Support for Equipment requiring connection to a PC or workstation, you must utilize a PC or workstation that either (1) has been provided by Xerox or (2) meets Xerox's published sp~ifications. G. DELIVERY AND REMOVAL. Xerox will be responsible for all standard delivery and removal charges. you will be responsible for any non-standard delivery or removal charges incurred. 5. WARRANTY DISCLAIMER & WAIVERS, XEROX DISCLAIMS, AND YOU WAIVE, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. The parties intend this Agreement to be a "finance lease" under Article 2A of the Uniform Commercial Code. Except to the extent expressly provided, herein and to the extent permitted by applicable law, you waive all rights and remedies conferred upon a lessee by said Article. 6. INTELLECTUAL PROPERTY INDEMNTI'Y. Xerox, at its expense, will defend you from, and pay any settlement agreed to by Xerox or any final judgme~ for, any claim that aXerox-brand Product infringes a third party's U.S. intellectual ProP~l' nP~ts, Provided you promptly notify Xerox of the alleged infringement and permit Xerox to direct the defense. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless it preapproves them in writing To avoid irrfiingement, Xerox may modify or substitute an equivalent Xerox-bland Product, refund the price paid for the Xerox-brand product (less the reasonable rental value for the period it was available to you), or obtain any necessazy licenses. Xerox is not liable for any infringement-related liabilities outside the scope of this Section including, but not limited to, infringement based upon aXerox-brand Product being modified to your specifications or being used or sold with products not provided by Xerox. 7. LIMITATION OF LIABILITY, Xerox shall not be liable to you for any direct damages in excess of $10,000 or the amounts paid hereunder, whichever is greater, and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether the chum alleges tortious conduct (including negligence) or any other legal theory. The above-stated limitation of liability shall not be applicable to any specific indemnification obligations set forth in this Agreement. Any action you take against Xerox must be commenced within two (2) yews after the event that caused it. 8. ASSIGNMENT. A. Lf you wish to assign any rights or obligations under this Agreement, you shall provide a written notice to Xerox of such request for consent, with said notice including the name of the proposed assignee. Your request to assign this Agreement will be granted by Xerox if (1) you are not in default under this Agreement or any other agreement with Xerox; (2) the proposed assignee agrees to the section of this Agreement titled "LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the Proposed assignment; (3) the Proposed assignee meets Xerox's then current credit criteria for similar transactions as determined by Xerox in its sole discretion; and, 4) you and the proposed assignee execute a writing, in a form acceptable to Xerox, orrfirming said assignment. Assignment by you requires the written consent of Xerox and may not be accomplished by operation of law. B. Xerox may assign this Agreement, in whole or in part, to a Parent, subsidiary or affiliate of Xerox, or to a person or entity for the purposes of securitizing a pool of assets or as part of a third party financial transaction without prior notice to you; provided, however, any proposed assignment to a person or entity not identified teviously in this sentence shall require your prior written consent In the event of an assignment permitted by the pr~e~g sentence, Xerox, without notice to you, may release information it has about you related to this Agreemern. Each successive assignee of Xerox shall have all of the rights but none of the obligations f Xerox hereunder. You shall continue to look to Xerox for performance of erox's obligations, including the provision of Basic Services, and you hereby aive and release any assignees of Xerox from any such claim relating to or arising from the performance of Xerox's obligations hereunder. You shall not assert any efense, counterclaim or setoff that you may have or claim against Xerox against Page 3 of 8 any assignees of Xerox. In the event of an assignme~by Xerox, you shall remit payments due in accordance with remittance instructions of the assignee. 9. MINIMUM LEASE PAYMENTS. Each Minimum Lease Payment (which maybe billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints. The Minimum Lease Payments, along with any additional Print Charges for prints made in excess of the Minimum Number of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services). 10. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually increase that amount of the Minimum Lease payment and Print Charges you are charged for maintenance of the Equipment (the "Maintenance Component'), each such increase not to exceed 10%. (For state and local government customers, this adjushnent shall take place at the commencement of each of your annual contrect cycles.) 11. TITLE, RISK & RELOCATION. Title to the Equipment shall remain with Xerox until yon exercise your option to purchase it. Until you exercise your option to purchase the Equipment, You agree that: (a) it shall remain personal properly; (b) you will not attach any of it as a fixture to any real estate; (c) you will not pledge, sub-lease or part with possession of it or file or permit to be filed any lien against it; and, (d) you will not make any permanent alterations to it. The risk of loss due to your fault or negligence, as well as theft, fire or disappearance, shall pass to you upon shipment from a Xerox controlled facility. The risk of loss due to all other causes shall remain with Xerox unless and until you exercise your option to purchase the Equipment. Until title passes to you, all Equipment relocations must be arranged (or approved in advance) by Xerox and shall be at your expense. While Equipment is being relocated, you are responsible for all payments required to Xerox under this Agreement. Equipment cannot be relocated outside of the United States, its territories or possessions until you have exercised the purchase Option indicated in this Agreement. If you acquire title to the Equipment, you must comply with all applicable hrws and regulations regarding the export of any commodity, technology and/or software. All parts/materials replaced, including as part of an upgrade, will become Xerox's property. 12. DEFAULT & REMEDIES; LATE CHARGES & COLLECTION COSTS. A. For any payment not received by Xerox within ten (10) days of the due date as set forth herein, Xerox may charge, and you agree to pay, a late charge equal to the higher of five percent (5%) of the amount due or $25 (not to exceed the maximum amount permitted by law) as reasonable collection costs. B. You will be in default under this Agreement if (1) Xerox does not receive any payment within fifteen (IS) days after the date it is due or (2) if you breach any other obligation hereunder. If you default, Xerox, in addition to its other remedies (including the cessation of Basic Services), mat require immediate payment, as liquidated damages for loss of bargain and not as a Penalty, of: (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one-half percent (1.5%) per month (not to exceed the maximum amount pemritted by law); (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (15%) of the amount in (b) above (said amount is available from Xerox upon request); and (d) all applicable Taxes, You ~0 shall either' (1) make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and teaz excepted), together with any related softwaze, or (Z) purchase the Equipment "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE by paying Xerox the Purchase Option and all applicable Taxes. Xerox's decision to waive or forgive a particular default shall not prevent Xerox from declaring any other default. In addition, if you default under this Agreement, you agree to pay all of the costs Xerox incurs to enforce its rights against you, including reasonable attorneys' fees and actual costs. 13. CARTRIDGES. Cartridges packed with Equipment and replacement Cartridges may be new, remanufactured or reprocessed. Remanufactured and reprocessed Cartridges meet Xerox's new Cartridge performance standards and contain new and/or reprocessed components. To enhance print quality, the Caztridge(s) for many models of Equipment have been designed to cease functioning at a predetermined point. 1a addition, many Equipment models are designed to function only with Cartridges that are newly manufactured original Xerox Cartridges or with Cartridges intended for use in the U.S. Equipment configuration that permits use of non-newly manufactured original Xerox Cartridges maybe available from Xerox at an additional charge. Cartridges sold as Environmental Partnership ("EP") Cartridges remain the property of Xerox. You agree that you shall return all EP Cartridges and may return other Cartridges to Xerox, at Xerox's expense when using Xerox-supplied shipping labels, for remanufacturing once such Cartridges cease functioning. Xerox Form# 51860t&c (05/2005) 14. EQUIPMENT STATUS. Unless you are acquiring Previously Installed Equipment, Equipment will be either (a) "Newly Manufactured", which may contain some recycled components that are reconditioned; (b) "Factory Produced New Model", which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product previously disassembled to a Xerox predetermined standard, and contains both new components and recycled components that are reconditioned; or, (c) "Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that are reconditioned 15. LEASE OPTIONS. The following options are available for Equipment subject to this Agreement. A. PURCHASE OPTION. If not in default, you may purchase the IS, WHERE-IS" and WITHOUT ANY W Equipment, "AS ARRANTy AS TO CONDITION OR VALUE: (i) at the end of the lease term for the Purchase Option indicated on the face of this Agreement (i.e. either a set dollar amount or the Fair Market Value of the Equipment at the lease term's conclusion ["FMV"]), plus all applicable Taxes, oror (r~u'~y time during the lease term by Paying: (1) all amounts then due; (2) the g Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (3) a reasonable disengagement fee calculated by Xerox that will not exceed fifteen percent (IS%) of the amount in (2) above (said amount is available from Xerox upon request); (4) the applicable Purchase Option; and (5) all applicable Taxes. B. RENEWAL. Unless either party provides notice at least thirty (30) days before the end of the lease term of its intention not to renew this Agreement, it will be renewed automatically on a month-to-month basis at the same price, temvs and conditions and billing frequency as the original Agreement. During this renewal n h~' either Party mat terminate this Agreement upon at least thirty (30) days C. LEASE TERMINATION. Upon termination pursuant to B. above, and if you have not purchased the Equipment, You shall make the Equipment available for removal by Xerox when requested to do so by Xerox and, at the time of removal, the Equipment shall be in the same condition as when delivered (reasonable wear and teaz excepted), together with any related softwaze. 16. PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its agents to file, by ant permissible means, financing statements necessary to protect Xerox's rights as the Equipme~ Lessor. Xerox, on your behalf and at your expense, may take any action required to be taken by you under this Agreement that you fail to take. 17. REPRESENTATIONS, WARRANTIES & COVENANTS. Each party represents that, as of the date of this Agreement, it has the lawful power and authority to enter into this Agreement, the individuals signing this Agreement are duly authorized to do so on its behalf and, by entering this Agreement, it will not violate any law or other agreement to which it is a party. You are not aware of ~Y~g that will have a material negative effect on your ability to satisfy your payment obligations under this Agreement and all financial information you have provided, or will provide, to Xerox is true and accurate and provides a good representation of your financial condition. Each party agrees that it will promptly notify the other party in writing of a change in ownership, if it relocates its principal place of business or changes the name of its business. 18. NOTICES. Notices must be in writing and will be deemed given five (5) days after mailing, or two (2) days after sending by nationally recognized overnight courier, to the other party's business address, or to such other address designated by either party to the other by written notice given pursuant to this sentence. The term "business address" shall mean, for you, the "Bill to" address listed on the first page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you. 19. FORCE MAJECTRE. Xerox shall not be liable to you during any period in which its performance is delayed or prevented, in whole or in part, by a circumstance beyond its reasonable control, which circcumstanoes include, but are not limited to, the following: act of God (e.g., floc d, earthquake, wind); fire; war, act of a public enemy or terrorist; act of sabotage; strike or other labor dispute; riot; misadventure of the sea; inability to secure materials and / or transportation; or, a restriction imposed by legislation, an order or a rule or regulation of a governmental entity. If such a circumstance occurs, Xerox shall undertake reasonable action to notify you of the same. 20. MISCELLANEOUS. This Agreement constitutes the entire at'x'eement as to its subject matter, supersedes all prior and corrtemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to conflict-of--law principles), you agree to the jurisdiction and venue of the federal and state courts in Mourne County, New York. In any action to enforce this Agreement, the parties agree to waive their right to a jury trial. h` a 7/25/2006 Page 4 of 8 court finds any term of this Agreement to be unenforcezble, the remaining terms electromcemimage~phor~t copy,efa~csimile~of~thismAgreementlwhichcsohalleb admissible in any action to enforce it, but only the Agreement held by Xerox sha be considered an original. Xerox may accept this Agreement either by i authorized signature of by commencing performance (e.g., Equipment delivery initiating Basic Services, etc.). All changes to this Agreement must be made in writing signed by both parties; accordingly, any terms on your ordering documen shall be of no force or effect. The following four sentences control over every oth part of this Agreement and over all other documents now or later pertaining to Agreement. We both intend to comply with applicable laws. In no event Xerox charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Section, be read under any circumstances to allow for a charge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Agreement to the maximum amount allowed under the legal limit. If, in ~Y crrctrmstances, any amount in excess of that allowed by law is charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed under this Agreement, or refunded to you. SOFTWARE TERMS: The following additional temrs apply only to transactions covering Application Software and/or Xerox-brand Equipment: 21. SOFTWARE LICENSE. The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox-brand Equipment acquired hereunder ("Base Software") as well as software specifically set out as "Application Soflwaze" on the face of this Agreement. This license does not apply to any Diagnostic Software or to any software /documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement. A: Xerox grants you anon-exclusive, non-transferable license to use the Base Softwaze within the United States, its territories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you anon-exclusive, non- transferable license to use this software within the United States on any single unit of equipment for as long as you are current in the payment of any indicated software license fees (including any Annual Renewal Fees) you have no other rights to the Base or Application Software and, in particular, may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this softwaze; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual properly rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third early beneficiaries of this Agreement's software and limitation of liability provisions). Base and Application Softwaze may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment Such disabling code may be activated if: (a) Xerox is denied reasonable access to the Base or Application Softwaze to periodically reset such code; (b) You are notified of a default under any term of this Agreement; or, (c) your license is terminated or expires. B. Xerox may terminate your license for any Base Softwaze (1) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment and your first lessee no longer uses or possesses it, or (2) upon the termination of any agreement under which you have rented or leased the Equipment C. L you transfer possession of the Equipment after you obtain title to it, Xerox will offer the transferee a license to use the Base Software within the United States on of with it, subject to Xerox's then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and Application Software will perform in material conformity with its user documentation for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the date of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be flee from errors or that its operation will be uninterrupted. 22. SOFTWARE SUPPORT. During the period that Xerox (or a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) Years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment, Xerox (or a designated servicer) will also provide software support for the Base Software under the following temrs. For Application Software licensed pursuant to this Agreement, Xerox will provide softwaze support under the following terms provided you are current in the payme~ of all Initial License and Annual Renewal Fees (or, for programs not requiring Annual Renewal Fees, the payment of the Initial License Fee and the annual "Support Only" Fees). Xerox Form# 51860t&c (OS/2005) • of A. Xerox will assure that Base and Application Software performs in material conformity with its user documentation and will maintain atoll-free hotline during e standazd business hours to answer related questions. 11 B. Xerox may make available new releases of the Base or Application Softwaze ~ that primarily incorporate coding error fixes and are designated as "Maintenance Releases". Maintenance Releases aze provided at no charge and must be a rmPlemented within six (6) months after being made available to you. Each new ~ Maintenance Release shall be considered Base or Application Software governed ~ by these Software Terms. New releases of the Base or Application Software that ~ are not Maintenance Releases, if any, may be subject to additional license fees at wth Xerox's then-current pricing and shall be considered Base or Application Softwaze governed by these Software Terms (unless otherwise noted). Xerox will not be in breach of its software support obligations hereunder if, in order to implement, in whole or in part, a new release of Base or Application Software provided or made available to you by Xerox, you must procure, at your expense, additional hardware and/or software from Xerox or any other entity. You agree to return or destroy all prior releases. C. Xerox will use r~sonable efforts, either directly and/or with its vendors, to resolve coding errors or provide wor3catounds or patches, provided you report problems as specified by Xerox. D. Xerox shall not be obligated (1) to support any Base or Application Software that is two or more releases older than Xerox's most current release or (2) to remedy coding errors if you have modified the Base or Application Software. E. For Application Software, Xerox may ann»ally increase the Annual Renewal and Support-Only Fees, each such increase not to exceed 10%. (For state and local- govemment customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 23. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively "Diagnostic Software") is embedded in, resides on, or maybe loaded onto the Equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not grant you a license or right to use the Diagnostic Software in any manner', and (b) that unless separately licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take steps to P~'ent unauthorized use or reproduction of the Diagnostic Software. GOVERNMENT CUSTOMER TERMS: The following additional terms apply only to lease transactions with state and local government customers: 24. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT & PAYMENT. A. REPRESENTATIONS & WARRANTIES, you hereby represent and warrant, as of the date of this Agreement, that: (I) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter into, and cagy out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (Z) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws governing open meetings, Public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the lease term only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of your tax or general revenues and any provision that is so construed by a court of competent jurisdiction is void from the inception of this Agreement. B. FUNDING. You represent and warrant that all payments due and to become due doting your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment, and that it is your intent to use the Equipment for the entire lease term and to rnake all payments required under this Agreement In the event that (1) through no action initiated by you your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal yeaz after the first fiscal yeaz and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy 7/25/2006 Page 5 of 8 ` assignee acceptable to Xerox in its sole discretion wi~your general organization who can continue this Agreement, this Agreement may be terminated, To effect this termination, you shall, thirty (30) days prior to the b which your legislative body does not a egrnning of the fiscal yeaz for year, send Xemx written notice statinP~thatte funds for such upcoming fiscal appropriate funds and that you have made the Your legislative body failed to Your notice must be accompanied b ~~~ effort to find an assignee. current year to Xerox under this A payment of all sums then owed through the m greement and must ceiiify that the canceled Equip ent is not being replaced by equipment performing similar, functions during the ensuing fiscal yeah In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal yeaz (with Xerox retaining all sums paid to date). C. TAX TREATMENT. This Agreement bas been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section 103(c) of the Code. You agree to comply with the inf°rmateon reP°~ng requirements of Section 149(e) of the Code. Such compliance shall include, but not be limited to, the execution of 8038-G or 8038-GC Information Returns. You hereby aPP°~t Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed ther'eunder' from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) or its regulateons, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At die time of execution of this Agreement, you shall provide Xerox with a properly prepazed and executed copy of US Treasury Form 8038 or 8038-GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 25. CONSUMABLE SUPPLIES INCLUDED INBASE/PRINT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner (excluding highlight color toner), black developer, copy Cartridges, and, if applicable, fuser ("Consumable Supplies") throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include, as applicable, color toner and developer. You agree that die Consumable Supplies are Xerox's Property until used by You, that you will use them only with the Equipment, that you will return all Cartridges to Xemx for remanufacturing once they have been run to their cease-function point (at Xerox's expense when using Xerox_ supplied shipping labels), and that at the end of the term of this Agreement either (a) you will return any unused Consumable Supplies to Xerox (at Xerox's expense when using Xerox-supplied shipping labeLs~r (b) destroy them in a manner permitted by applicable law. Should your use of Consumable Supplies exceed Xerox's published yields for these items by more than 10%, you agree that Xerox shall have die right to charge you for any such excess usage. When requested by Xerox, you agree to provide meter readings and inventory of Consumable Supplies in your possession. 26. REPLACEMENT /MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will repLice or modify a prior agreement between you and Xerox covering the specified equipment. h: it is a replacement agreement, die prior agreement shall be null and void. if it is a modification, the prior agreement shall remain in effect except that any terms P presented in this modification agreement that conflict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the prior agreement for the baLmce of the Agreement. In addition, modifications requiring a reamortization of your payments may include none-time administradvelprucessing charge that will appear on your first bill under this revised azrangement. 3 27. XEROX AS FINANCIAL INTERMEDIARY. ff this option has been selected, you are leasing specifically identified pmducts dint were selected by you and that P are not sold by Xemx in the normal course of its business. If you have signed a 3 purchase contract for such products, by signing this Agreement you assign your ri rights but none of your obligations under such purchase contract to Xerox. With A regard to these products, you agree dial Xemx is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE, 3 ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTINS be R'HA'TSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED on WARRANTY OF MERCHANTABII,ITy, FITNESS FOR PARTICULAR 37 PURPOSE OR NON-INFRINGEMENT, and (b) ANY ~'~ENTATION OR p WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR da WORKMANSHIP, OR COMPLIANCE WTTIi SPECIFICATIONS OR M APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any warranty Xerox Form# 51860t&c (05/2005) 7/25/2006 nights it has to these products (which rights shall revert to Xerox if you breach this Agreement). You agree (1) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout this Agreement's term; (3) to pay all Personal property taxes related to these products; and (4) to assign to Xemx any rights you have to these products until tide passes from Xemx to you (which, subject to any softwaze licenses surrounding the acquisition of these products, shall occur when you obtain tide to all Xerox-brand Equipment covered by this Agreement). 28. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Soltwaze set forth in this Agreement shall be paid Yo ~L~hoons~ Minimum Lease Payments. If you breach this license or any"of ga regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 29. FINANCED SUPPLIES TOTAL, If this option has been selected, the cost of any supplies You have purchased under this Agreement shall be paid for through Y°m' Mmmium Lease Payments. L`. you breach any of your obligations regazding the ~Pm~t, the full amount of die supply costs shall become immediately due and payable. 30. REFINANCE OF PRIOR AGREEMENT, If this option has been selected, the balance of your prior indicated agreement with Xerox or a third patty shall be paid for through your Minimimi Lease Payments. Lf your prior agreement is with a third party, you hereby acknowledge dint you have the right to terminate the agreement and agree to provide a statement from the thirrl-party identifying the equipment at issue and die amount to be paid off (as well as a statement from you identifying the PaY~ and mailing address for your payoff check). Lf your prior agreement was with Xerox, the use of this refinance option shall render your prior agreement null and void Lf you breach this Agi'een-ent, the full amount of your prior agreement balance shall be immediately due and payable. 31. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Punt Charges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreement; as a result, Youi' rmteal Payment(s) shall be different from those payable during the balance of this Agreement. 32. K-16 BII.LING SUSPENSION. If this option has been selected, the Maintenance Component of your Minimum Lease payment and Print Charges will be suspended each year during the months indicated During these months, you agree that you will not use the Equipment and drat Xerox shall not be responsible for providing Basic Services on it. If Xerox provides Basic Services during die K- 16 Billing Suspension Period, You will be billed at Xerox's then-current Time and Materials ("T&M") rates for such Basic Services. 33. TRADE-IN EQUIPMENT. L this option has been selected, you are providing equipmen to Xemx as part of this Agreement (`°Trade-In Equipment") and the following shall apply: A. TITLE TRANSFER You warrant dint you have die right to transfer title to the Trade-In Equipmenrt and that it has been installed and performing its intended function. Tide and risk of loss to the Trade-In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-hi Equipment is in good working order, has not been modified from its original configuration (other than by Xerox), and has a UL Libel attached You agree to maimw;n the Trade-hr i resent site and in substantially its present condition until removed by Xernoent at its C. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade-In EQuiPm~t (up to and including payment of the Final Principal Payment Number) and to pay all maimenance, administeative, supply and finance charges for this equipment through the date tide passes to Xerox. 4. RUN LENGTH PLAN. Lf this option has been selected, the first ten prints of each original (per run) are recorded and billed on both meters with all subsequent riots recorded and billed on Meter A only. 5. FDGrD PRICE PLAN. Lf this option has been selected, Xerox will forego its ght to increase the Maintenance Component throughout the initial term of this greement. 6. PER-FOOT PRICING. if this option bas been selected, ail print Charges will billed on a per-foot basis, with each linear or square foot, as applicable, equal to e print. EXTENDED SERVICE HOURS. b° this option has been selected, Xerox will mvide Basic Services during the hours indicated, wide the first number establishing the number of eight-hour shifts covered and the second establishing the ys of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., onday through Saturday). The cost of this enhanced service coverage will be Page 6 of 8 billed separately and, as such, is not included in our Minimum Lease Pa • Print Charges. y yment or 38. ATTACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional terms relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement. 39. NEGOTIATED CONTRACT. If this option has been selected, the Products identified m this Agreement are subject solely to the terms contained in (a) either (1) the identified Negotiated Contract for a lease transaction or (2) if there are no such tents in the Negotiated Contract, the terms set forth in this Agreement, and, if applicable and notwithstanding anything to the contrary set forth in the Negotiated Contract, (b) the "Additional Terms" portion of this Agreement for the selected option or options to the extent the subj~t matter of any such selected option is not addressed in the Negotiated Contract. 40. DSA CONTRACT NUMBER If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Agreement. For customer support tools to manage your account online, visit your Account Management link @ wwvv.xeroz.com Xerox Form# 51860t&c (05/2005) 7/25/2006 Page 7 of 8 AG EENT' ADDENDUM ~ ~ -~ . ~ ` COMPETITIVE REPLACEMENT PROGRAM ADDENDUM THIS ADDENDUM ("Addendum") amends the provisions of the agreement (the "Agreement") existing between Customer and Xerox. 1. Customer is acquiring Xerox Equipment hereunder which will be used to replace Customer's non-Xerox equipment (the "Competitive Equipment"). Customer agrees to return the unit(s) of leased Competitive Equipment listed below to Customer's lessor no later than sixty (60) days following the installation of the Xerox Equipment replacing said Competitive Equipment. Xerox may, following the return timeframe set forth herein, request documentation from Customer of such return. 2. Except as specified in this Addendum, the Agreement shall remain as stated. In the event of a conflict between the terms and conditions of the Agreement and this Addendum, the Addendum will control. XEROX CORPORATION CUSTOMER BY .. Title Date: Date: Competitive Equipment Unit Information Unit Number: 1 Model: Serial #: CANON / IMAGERUNNER 5570 faw4t6477686 Xerox Form # 52168 (05/2006) 7/25/06 Page 8 of 8 .~ Davisco Anal st SeYVi y ces Congratulations on your purchase of a new Xerox Digital System. Below is the detail of the network services and costs associated with installing your new Xerox digital System. Xerox Model WCP7665 Account Name Meridian City Hall IT Contact Phone # 888-4433 XPrinting XFaxing xScanning Basic Services Included: 1- Delivery and installation of the unit as a standalone copier is included. 2- Up to 3 hours of network analyst support which includes: a. Installation, in person or via telephone support, of the appropriate Xerox print drivers and associated software on your network. b. Training on the use and implementation of the Xerox print drivers and associated software with one key designated operator or IT manager. This training is intended so the customer can then implement and train as needed in their own office. c. Set up and user training of general print functions, on a maximum of 3 workstations, will be provided within the initial 3 hours. Any additional workstations will be billed at the current analyst rate, regardless of original time used. 3- If scan to file was purchased, 2 additional hours of analyst services is included for the additional training requirements. 4- After initial install by analyst, free Xerox technical support is available toll free @ 1-800- 821-2797. This is a great resource for ongoing technical support and simple questions. It is currently a free service. 5- Return visits by the Davisco analyst after initial install is billable. 6- No cables and or running cables are included. 7- No software code writing or manipulation of customer's proprietary software. 8- All services need to be completed within 30 days of the iiiutial installation date. Customer Requirements: 1- Provide a network drop and all appropriate network cables. 2- Provide a designated person to manage the installation and work with our analyst. 3- All special software applications support unique to proprietary customer software must be provided by the customer at their cost. 4- Customer agrees to have all requirements met within 30 days of initial installation. Effective 5/1/06 ,o • • Other Services Available: 1- Cables and cable installation. 2- Pier to pier network configuration both hardware and software. 3- LAN support and technical repair. 4- Network consulting services. 5- Document management services. 6- General IT support and consulting. 7- All of these are priced on a case by case basis. Ask for details. Costs: 1- Xerox Lease: Basic services described above are included. 2- Cash Sale: $ for the basic services described above (to be billed separately by Davisco). 3- Additional analyst time above the 3 hours included, will be billed at $125 per hour. I !We agree to the above services, descriptions, and costs. Customer Name/Approval Signature Date Michelle Barsness Sales Rep Name/ Signature Date Upon signature of the Systems Consultation Authorization Document presented by the analyst, we agree that all connectivity has been completed according to this agreement. Effective 5/1/06 August 4, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT • August 8, 2006 ITEM NO. 5-~ REQUEST Agreement for Professional Services for Wireless Network Infrastructure Maintenance, Qperation Support, and Repair with Zigl Nefinrork AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public maeib~s shall become property of the CHy of Mertdian. .. ~ • AGREEMENT FOR PROFESSIONAL SERVICES: WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR THIS AGREEMENT, made this 2~`t day of__/ Lzg•Lrs'~ , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Idaho Avenue, Meridian, Idaho 83642, and Solstice Network Group, Inc., doing business as Zial Network, hereinafter referred to as "ZIAL," whose business address is P.O. Box 6529, Boise, Idaho 83707. Scope of Services: ZIAL shall perform all services, and comply in all respects, pursuant to and as specified in the document entitled "Scope of Services" a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. Nothing set forth herein shall bind CITY to engage ZIAL for the performance of services not covered by this agreement. 2• Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on July 31, 2007 unless earlier terminated or extended. 3. Indemnification and Insurance: ZIAL shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or- injury to persons or property and losses and expenses caused or incurred by ZIAL, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. ZIAL shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided. Z1AL covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, ZIAL shall maintain Workers Compensation Insurance, in the statutory limits as required by law. ZIAL shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ZIAL'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, ZIAL shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be Z1AL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 1 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR • submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, Z1AL shall be acting as an independent contractor, and neither Z1AL nor any officer, employee or agent of Z1AL will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. 5. Compensation: ZIAL shall be compensated for professional services set forth herein in the amount of $5,686 per year ($1,421.50 per quarter). Compensation for services not covered by this agreement shall be negotiated separately. Nothing set forth herein shall bind CITY to engage ZIAL for the performance of services not covered by this agreement. 6. Method of Payment: ZIAL will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement on a quarterly basis. CITY will pay all valid invoices within thirty (30) days after receipt. 7• Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Terry Paternoster, TT Manager City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Chris Adams, President Zial Networks P.O. Box 6529 Boise, Idaho 83707 Either party may change its address for the purpose of this ara a h b written notice of such change to the other in the manner herein pro id d.~~g • determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that Z1AL shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights under this Agreement .except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, ZIAL shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ZIAL'S records with respect to all matters covered by this Agreement. Z1AL shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, Z1AL shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: Proposed changes to the "Scope of Services" or "Compensation for Services" documents, including any increase or decrease in the amount of ZIAL's compensation, shall be submitted in writing. 'The party to whom the change is proposed shall have ninety (90) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and ZIAL Z1AL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 3 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR shall be incorporated into this Agreement by written amendment signed by both parties. 17. Termination: If, through any cause, ZIAL, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to ZIAL of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ZIAL may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ZIAL pursuant to and under this Agreement shall, at the option of the CITY, become its property, and ZIAL shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, Z1AL shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ZIAL, and the CITY may withhold any payments to ZIAL for the purposes of set- off until such time as the exact amount of damages due the CITY from Z1AL is determined. This provision shall survive the termination of this agreement and shall not relieve ZIAL of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 4 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REpp~ 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by CITY. ZIAL BY: ~~C~rS~-D~S CITY OF MERIDIAN Attest: ~~ r I WII-LIAM G. BERG, JR., BY: f~~'~'~ \````~~~t~t ~ ~ ~ ~,,,,,~~TAMMY d ERD, MAYOR s, ~\ i.f ~ .0 V `~/K. ~~ `\ / ~`~ ~Y ,~.q~ ~ n v s /~/~+p44tt4tttlt~~,` 8~8-06 ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE S OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR Approved as to Content BY: l' KEIT S, PU SING AGENT Dated: 2 Approved as to Form BY: ~_~ CITY ORNEY Dated: ~ 2 d ~ ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR Department Approval TITLE: _ ~'7- ~~- ~~- Dated: Z PAGE 6 OF 12 EXHIBIT A SCOPE OF SERVICES A. Definitions: For purposes Of this Agreement, the following terms, phrases, words, and derivations shall have the meanings given herein. 1. BENCHMARK SPECIFICATIONS: the acceptable speed and quality of performance of the Wireless Network Infrastructure; specifically: Subscriber Units (per device): an average ping response time of eighteen (18) milliseconds or less, with zero (0) dropped packets, and an aggregate throughput rate of twenty-two (22) fps, Base Stations (per device): an average ping response time of one (1) milliseconds or less, with zero (0) dropped packets, and at an aggregate throughput rate of twenty-two (22) Mbps. Back-Haul (per device): an average ping response time of one (1) milliseconds or less, with zero (0) dropped packets, and a data throughput rate of ninety- (90) Mbps. 2. BUSINESS IIOURS: Time period between 7:00 a.m. and 7:00 p.m. 3. NETWORK ADMINISTRATOR: CITY's Information Technology Manager/ Administrator and/or his designee 4. NON-BUSINESS IIOURS: Time period between 7:00 p.m. and 7:00 a.m. WIRELESS NETWORK INFRASTRUCTURE: Any and all networking devices and support services enabling and/or facilitating point-to-multipoint radio transmissions within CITY's networked communications system. The Wireless Network Infrastructure includes, but is not limited to, all devices and equipment between radios and antennae, all devices and equipment connecting the wireless system to CTTY's Local Area Network (LAN), all software facilitating the operation of such devices, the monitoring and maintenance of such devices and equipment, and appropriate security measures preventing unauthorized use thereof or interference therewith. B. ZIAL's Responsibilities 1. ZIAL shall provide the following services to CITY at any and all times, during business and/or non-business hours: ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 7 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR a. ZIAL shall provide oversight and monitoring of any and all components of the Wireless Network Infrastructure. b. ZIAL shall provide a method by which CTTY's Network Administrator may report any problem with the Wireless Network Infrastructure at any time. c. ZIAL shall provide the name and contact information of personnel to whom CITY may report any problem with the Wireless Network Infrastructure at any time. ZIAL shall, when practicable, notify CITY of any change in such personnel and/or contact information, whether such change be temporary or permanent, at least seven (7) calendar days before the change. Such notification shall include the name and contact information of the replacement personnel to whom CITY may report any problem with the Wireless Network Infrastructure at any time. d. ZIAL shall provide materials and supplies necessary for ZIAL to oversee, monitor, maintain, and repair the Wireless Network Infrastructure, including, but not limited to, antennae coax cable, connectors, fasteners, bolts, and screws, but ZIAL shall first provide actual notice to CTTY's Network Administrator where the installation of such enumerated or additional equipment is or may be necessary to maintain or repair the Wireless Network Infrastructure or restore service and shall obtain approval of the Network Administrator before making such installation. e. ZIAL shall provide CTTY's Network Administrator forty-eight (48) hours actual notice of any scheduled, non-emergency outage, interruption of use, or foreseeable degradation of the Wireless Network Infrastructure. Scheduled, non-emergency outages shall occur only when and as agreed by CITY. f. ZIAL shall work with CTTY's Network Administrator to provide the necessary remote access pathways through all firewalls as necessary to reach the http port and ssh port on the monitoring server at the water tower and to otherwise oversee and monitor the Wireless Network Infrastructure. g. ZIAL shall not remove from CITY premises equipment purchased, owned, or otherwise in the possession or control of CITY. h. ZIAL shall comply with and/or use security measures, protocols, and/or equipment put into place by CITY to secure the Wireless Network ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 8 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR Infrastructure, the Local Area Network, and/or any other CITY property or equipment. i. ZIAL shall ensure that the Wireless Network Infrastructure is secure at all times. j. ZIAL shall not be responsible for the cost of replacing Wireless Network Infrastructure components damaged or destroyed by a natural disaster or act of God. ZIAL shall be responsible under this agreement for maintenance, repair, installation of upgrades, and restoration of service and/or connectivity following any such natural disaster or act of God. k. ZIAL personnel shall maintain all certifications necessary to complete ZIAL's responsibilities under this agreement. 1. Z1AL shall address and resolve any and all failures of the Wireless Network Infrastructure to meet benchmark specifications as herein defined, any and all outages of the Wireless Network Infrastructure, and any and all degradations of the Wireless Network Infrastructure as quickly as possible, and/or unless and/or until the problem is determined to be unrelated to the Wireless Network Infrastructure, in which case Z1AL shall communicate the problem to CITY's Network Administrator. m. ZIAL warrants that all reasonable measures within its resources shall be taken to ensure the performance, availability, and integrity of the Wireless Network .Infrastructure. 2. ZIAL shall provide the following services to CITY during business hours: a. ZIAL shall provide maintenance, operational support, and repair of any and all components of the Wireless Network Infrastructure. b. ZIAL shall evaluate and install Firmware upgrades to the Wireless Network Infrastructure. Such installations shall be scheduled per the instruction of CITY's Network Administrator. If there is a cost for the Firmware by the manufacturer, the CITY shall be responsible for the actual cost of the Firmware. c. Where CITY provides at least two (2) hours actual notice of a change in the Local Area Network which may change the state of connectivity of the Wireless Network Infrastructure, ZIAL shall re-establish connectivity and/or ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 9 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR provide any necessary maintenance, operational support, or repair to the Wireless Network Infrastructure resulting from such change. d. Where, during business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage and/or degradation of the Wireless Network Infrastructure occurs, ZIAL shall provide the following services to CITY: i. ZIAL shall utilize ongoing monitoring systems to detect and determine the source of the problem within the Wireless Network Infrastructure; ii. ZIAL shall contact CITY's Network Administrator by telephone within thirty (30) minutes of the occurrence of the problem to brief the Network Administrator on specific steps that have been and will be taken to resolve the problem and to schedule access to a component of the Wireless Network Infrastructure where necessary; "- iii. Where physical access to a component of the Wireless Network Infrastructure is required to resolve the problem, ZIAL shall arrive on site within two (2) hours of the conclusion of the contact with CTTY's Network Administrator; and iv. ZIAL shall continue monitoring via SNMP polling at one-minute intervals. b. Where, during business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage or degradation of the Wireless Network Infrastructure occurs, ZIAL shall resolve the problem that day, regardless of whether such resolution is completed by 7:00 p.m. Where maintenance or repair is initiated during business hours, ZIAL shall continue such maintenance or repair until resolution is achieved, even where such maintenance or repair extends into non-business hours. Where ZIAL initiates such maintenance or repair during business hours and continues such maintenance or repair into non-business hours, all terms of this agreement shall apply. CITY shall not incur non-business rates or other costs in such situation; rather, such situation is covered by this agreement. 3. ZIAL shall provide the following services to CITY during non-business hours: a. Where, during non-business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage or degradation of the ZIAL PROFESSIONAL SERVICES AGREEMENT PAGE 1 O OF 12 WIRELESS NETWORK INFRASTRUCTURE MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR ~ ~ Wireless Network Infrastructure occurs, CITY may engage any service provider of CITY's choosing to resolve the problem. Such service provider maybe or include, but shall not necessarily be, ZIAL. In the event that CITY engages ZIAL to conduct maintenance or repair of the Wireless Network Infrastructure during non-business hours, CITY shall negotiate terms and compensation with ZIAL separately from this agreement. Nothing set forth herein shall bind CITY to engage ZIAL for the performance of services not covered by this agreement. b. Where, during non-business hours, the Wireless Network Infrastructure fails to meet the benchmark specifications, and/or an outage or degradation of the Wireless Network Infrastructure occurs, ZIAL shall initiate the following protocol at 7:00 a.m. on the morning following such problem: i. ZIAL shall utilize ongoing monitoring systems to detect and determine the source of the problem within the Wireless Network Infrastructure; ii. Z1AL shall contact CITY's Network Administrator by telephone by 7:15 a.m. to brief the Network Administrator on specific steps that have been and will be taken to resolve the problem and to schedule access to a component of the Wireless Network Infrastructure where necessary; iii. Where physical access to a component of the Wireless Network Infrastructure is required to resolve the problem, ZIAL shall arrive on site within one (1) hour of the conclusion of the contact with CTTY's Network Administrator; and iv. ZIAL shall continue monitoring via SNMP polling at one-minute intervals. C. CITY's Responsibilities 1. CITY shall provide the name and contact information of CTTY's Network Administrator, which person shall serve as Zial's contact for communications with CITY at any time. CITY shall, where practicable, notify Z1AL of any change in the Network Administrator and/or contact information, whether such change be temporary or permanent, at least seven (7) calendar days before the change. Such notification shall include the name and contact information of the replacement personnel with ZIAL may communicate at any time regarding the Wireless Network Infrastructure. ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 11 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR t ~ ~ 2. CITY shall maintain CITY's Local Area Network so that the operation thereof does not compromise the performance or integrity of the Wireless Network Infrastructure. 3. CITY shall provide support to City of Meridian employees in using the Wireless Network Infrastructure. 4. CITY shall provide ZIAL with at least two (2) hours actual notice of a change in the Local Area Network which may change the state of connectivity of the Wireless Network Infrastructure. 5. CITY shall work with Z1AL to provide the necessary remote access pathways through all firewalls as necessary to reach the http port and ssh port on the monitoring server at the water tower and to otherwise oversee and monitor the Wireless Network Infrastructure. 6. CITY's Network Administrator may secure remote access pathways established to facilitate ZIAL's oversight and monitoring functions by changing access codes and passwords at his discretion. CITY's Network Administrator shall notify Z1AL at least twenty-four (24) hours prior to making such changes, except where such changes are immediately necessary to secure the Local Area Network. 11. Wireless Network Infrastructure Performance. ZIAL warrants that the Wireless _. Network Infrastructure is and shall be capable of meeting benchmark specifications as defined herein. ZIAL PROFESSIONAL SERVICES AGREEMENT WIRELESS NETWORK INFRASTRUCTURE PAGE 12 OF 12 MAINTENANCE, OPERATIONAL SUPPORT, AND REPAIR August 4, 2r~6 Department Reports MERIDIAN CITY COUNCIL MEETING August 8, 2r~6 APPLICANT Police Department -Chief Bill Musser ITEM NO. 6-A-1 REQUEST Budget Amendment for K-9 Training Facility AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: See attached CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~L/ CITY PARKS DEPT: , V MERIDIAN SCHOOL DISTRICT: ^o tf ADA COUNTY HIGHWAY DISTRICT: ~ /~/D~ "~ 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: MateNais presented at public rrreetings sl~l become properly of the CHy of Meridian. i v~ i F. .® O Q a N "" U O d > c aNi y C ti ~ ~ :o° ~° .o c ~ p, m ~ , •~ U NQ ~ ~ ~ ~ ~ ~ •O ~. c v N .L~. '~ 'O N ~ t .. Z r-. ~ C •~ ~ cc L .~+ ,~ L -fl N Q- N !0 C 3 ~ N N .F- N ~ ~' ~ ~ C O m 'O O YO cII f0 p ~ ~ ~ j v R~~ m~ c~ m c W ~ ~ ~ ~ ~ .N N ~ U O N ~ y ~ C ~ y ~ ~ ~ ~ •°C•~n:?~ E~ m ,a ~ ~ = _a m d N ~ C ~ C X ~ ~ ~ ~ U p°p .c o y 3 a~ ~ ~ ~ °• v o ~ c 'O U ~ C ~' 3 U T xax o ~ _ ~ c pco W r N Q .~.. «~ U 1-- Z zz W D Q~ 0 Z W W ~ ~ owa ~ '~ ~ H ~ ~ m c~moi-. rn C ~,ofII a,o ~ ~ O C ~ C ~ U ~> N p I4 ~ .'..' ~ ~ ~ - w, O p y~ C~ •' ~~ ~ 3 •' ~ r w y N .O ~. H- V f0 z +t' C ~-+ ~~ N y h~ O ~~ m ~ cI- ~_~ a.~ N U ~ C 30 fQ ~ ~ fq fII !~ C~ C ~~~ .O N 'O U f0 O Q x ~ w C~" n' c0 (Q d m o °€° 3 c o m ~ o p E ~ a° y m ~ ° ~° ~°o ~ , a~ c Eco m am o. - ~ .n c 4' m ~ ~ a~ m~ Oo ~ s o >w 2~~- m m a~~ O ~w U N C m0 X O p "p ~ p 0> O O X O 'O U O N C ;p `~ _O U j N d 3 ~ °~~~m> ~ .~ ~ N > . c ~ m >t.'.' N~ N.O~.O O C +r O ~ O ~ U ~ fA N~ U O C~ O. ~ C O N = O~ O~ ~ U U C ' ~ ~ ~ O N *" 'O U ~ N C a f0 O y'}~ `U ~ ~ L U m ~ ~ c N ~ i.i p y > 0 0 a~ ` ~a a W D Q Z W W m Q 2 Z W z W Q f-' 0 W ~ W ~ (~ n. Q ~' Q J ~ Q ~ Z W Q 0 _Z Ll. ~ W ~ Ua ~W W~ O~ OZ ~- W ZZ ~ W F- Q ti= W W C7 m~ F- ~ ~ 00 ~} ~ -~ }_ d~ Oz U~ OY WV ZW C7 ~ U ~ ~ August 4, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 200b APPLICANT Fire Department -Ron Anderson ITEM NO. 6-8-1 REQUEST Rehab of Old Fire Truck AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: f CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 5ANffARY 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 preaeMed at pubUc meetht~s shall become properly of the CNy of Meddtan. • • ~-- Refurbish Engine-311 ~. ~;. ,~ =~ v ,_ _~~. 1982 Platte Arrow Fke Ermine 42,000 m0es Upgrades to Include 4 ^ Enclose & Raise Roof on Crew Cab ^ Rebuild all major Pump Components ^ Hydraulic Ladder Racks ^ Additional Compartments on Passenger Side of Apparatus ^ Replace Steel Water Tank with Poly ^ Replace wiring harness from Cab Back ^ NFPA upgrades to Emergency Lighting ^ Add Engine Brake and Re-core Radiator Council Action Requested Does Refurbishing make -~ , Sense? Expected to add another 10 :years to the life of the vehicle ~_ ~ Motlon authorizing the Mayor to sign a n agreement to proceed with work to refurbish the 1982 Pierce Flre Engine with a not to exceed amount of $175,000 August 4, 2~6 Depaartment Reports MERIDIAN CITY COUNCIL MEETING AU(~" USt 8, 206 APPLICANT Planning Department -Steve Siddoway ITEM NO. 6-C.~ REQUEST Discussion on gateway boulevards AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ~,Qj~- f CITY SEWER DEPT: ~ I ~~ 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: Phi: Emailed: Staff Initials: Mater~fs presented at pub8c meetbtps shag Isecome properly of ifie Cry of Merldtmr. J~ C AUG 0 ~ 2006 i edian Landscape Maintenance ~;~ty ®"IVieridian City C$erk Office Sample Costs: Parkcenter Blvd $21,283 3.8 acres Curtis Road $23,672 5 acres Federal Way $23,900 2.59 acres Harrison Blvd $19,813 Vista $18,000 5 islands Costs Include: Fuel, staffing, administration, backflow testing, maintenance per standards, etc. Biggest influence on cost is turf vs. shrubs/~ Meridian Parks current costs for park maintenance: $2, 000--$4, 000/acre. i ~- ~ s f W U is .9 'r Y-a- ~ r ~` ~~: I ~ x ~ ~ ~ ;., ~' __ ~_ _ ,~ ~. ~~ . - - -- --- -- ~~.Sd- ' ,.~~ x~;' '~4trtFi' '.f14'' ~ s 3. P ~ ~ ~ w ,>t~ ~ ~^ i~k,~. .. ~s_. .. ~ ,.,~ ~' '~ wF. ._ _ r - C i _.__• ~ 'frt. H { i ~ ~~~{ c~ r f ~, ;~'' ~a~ i r?h ~-~ a m, ,-~, ~ ~~ ; ~' t' = ~ ~~ ~` ' t ~, I -`- _ ~ 7a~ _..~_ ! I • L___J August 4, 2~6 MERIDIAN CITY COUNCIL MEETING APPLICANT McMillen Engineering See a9tached Email from Morton McMillen REQUEST Final Plat approval for 73 single-family residential building lots and 12 common lots on 26.58 acres in an R-4 zone for Reflection Ridge Subdivision No. 1 - 4275 S. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Si~ait Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: ITEM No. g Phone: Materials presented at public meetings shall become property of the City of Meridian. FP 06-033 August 8, 2006 i ~ BEFORE THE MERIDIAN CITY COUNCIL C/C August 8, 2006 IN THE MATTER OF THE ) APPLICATION OF MCMILLEN ) ENGINEERING FOR FINAL PLAT ) APPROVAL FOR 73 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 12 COMMON LOTS ON ) 26.58 ACRES IN AN R-4 ZONE ) LOCATED AT 4275 SOUTH ) LOCUST GROVE ROAD WITHIN A ) PORTION OF THE N % OF THE SE ) OF SECTION 30, T. 3N., R. lE. ) CASE NO. FP-06-033 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 8, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 8, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT I5 HEREBY ORDERED THAT: 1 • The Final Plat of "PLAT SHOWING REFLECTION RIDGE SUBDIVISION NO.1 LOCATED WITHIN A PORTION OF THE N %2 OF THE SE % OF SECTION 30, T. 3N., R. 1 E., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION NO. 1 / (FP-06-033) Page 1 of 4 ~ ~ HANDWRITTEN DATE: 06/09/06, SHEET 1 OF 7, FOX LAND SURVEYS, INC.", MCMILLEN ENGINEERING, Developer, is Conditionally Approvedsubfect to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 8, 2006, listing 24 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 14 GENERAL REQUIREMENTS a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from McMillen Engineering, a true and correct copy ofwhich is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 8, 2006 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain ORDER OF CONDITIONAL, APPROVAL OF FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION NO. 1 / (FP-06-033) Page 2 of 4 ~ ~ current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2• The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1 • The Plat dimensions are approved by the City Engineer; and 2• The City Engineer has verified that all ofF--site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of ofF site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION NO. 1 / (FP-06-033) Page 3 of 4 ~ ~ Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, 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. By action of the City Council at its regular meeting held on the day of ~ ®~ l ~ , 2006. J ~~~~~y~~~~ •~~~~~ ATTEST: `,~~'~~ ~~ ~~' AMMY de WEERD ' ' ~~ ~ ~~s~~ _ WILLIAM G. BERG, JR., C CIS ~ ~ ~ ~' \\` Copy served upon Applicant: / P1° ~®~* Publ c°j~t~rk549~~eparhnent City Attorney By Dated:_ ~- ~ 1- ®~ City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR REFLECTION RIDGE SUBDIVISION NO. 1 / (FP-06-033) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: August 8, 2006 Transmittal Date: August 3, 2006 Mayor & City Council Sonya Wafters, Assistant City Planner ~~~~~'~""`~` ~,~,lv~s~-~ ~' t Michael Cole, Development Services Coordinator ~ C Reflection Ridge Subdivision No.l Request for Final Plat Approval of Reflection Ridge Subdivision No. 1 Consisting of 73 Single-family Residential Building Lots and 12 Common/other Lots on 26.58 Acres in an R-4 Zone by McMillen Engineering (File# FP-06- 033). - _~~ F~ c~t-~° a~~, ~~ a ~1 ~ ~ -: ®_ ~~ ~, ie.~a-sc~ ~ ~~ t, ~~~ ~. ~~~ t ~:t <-- We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, McMillen Engineering, has applied for final plat approval of 73 single-family residential building lots and 12 common other lots on 26.58 acres in an R-4 zone for Reflection Ridge Subdivision No. 1. The proposed gross density of this phase of the development is 2.75 dwelling units per acre. The proposed net density is 3.94 dwelling units per acre. Reflection Ridge Subdivision No. 1 is located at 4275 S. Locust Grove Road, approximately 1/4 mile north of Amity Road, west of Locust Grove Road, in the N. % of the S.E. 1/4 of Section 30, T.3N., R.IE. This property has not been previously platted. A Conditional Use Permit/Planned Development (CUP-OS-046) was approved on this property, which allowed for reductions to lot size (from 8,000 square feet to 6,250 square feet), lot frontage (from 80 feet to 47 feet on straight-aways and 35 feet measured as a chord measurement on cul-de-sacs or curves), and front setbacks (from 15 feet to 10 feet for alley-loaded lots). The final plat submitted for this phase substantially complies with the approved preliminary plat. Staff recommends approval of Reflection Ridge Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS Applicant is to meet all terms of the approved annexation (AZ-OS-045), conditional use permit (CUP-OS-046), development agreement instrument #106108230 and preliminary plat (PP-OS-048) for this subdivision. 2. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Perimeter fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. FP-06-033 Reflection Ridge.FP.doc Exhibit "A" PAGE 1 CITY OF MERIDIAN PLANNING AND PUBLIC WO RKS DEPAENTS STAFF REPORT 3. Preliminary plat condition 3.8 required that, "To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %2 the diagonal measurement of the full development." This site shall be limited to 50 building permits unless a secondary emergency access is approved by Joe Silva of the City of Meridian Fire Department. 4. Remove any structures spanning lot lines or not meeting the dimensional standards of the UDC prior to signature on the final plat by the City Engineer. 5• No manholes or water valves shall be allowed to be placed in the landscape islands. If sewer or water mains are to be routed underneath them, then no trees will be allowed in the islands. The applicant shall coordinate with the Planning Department to meet this condition while still complying with all City Ordinance regazding landscaping. 6. Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 7. Include the CP&F number for the True Point of Beginning on the face of the plat. 8. Include the instrument number of the storm easement shown on page 2 of the plat. 9. Revise or add the following note(s) on the face of the plat dated 6/9/06, prepared by Fox Land Surveyors and signed by, Timothy J Fox, prior to signature on the final plat by the City Engineer: 4.) Include Lot 1, Block S and Lot 23, Block 4 as common lots. 14.) Lot 1 Block 4 is not a buildable lot. Revise note to indicate which lots aze restricted to access the alley. *•) Add note: "Fencing on the rear property lines of Lots13 17 and 7 11 Block 4 and Lots 2 4 Block 3 that abuts the common azeas shall be in coin Hance with the most recentl a roved Fencin Standazds of the Ci of Meridian." '~•) Add note: "This plat is subiect to a development agreement recorded as instrument number 106108230 of Ada County Records " 10. The Landscape Plan, prepared by The Land Group, and dated 6/15/06, shall be revised as follows: a. A 5-foot wide landscape strip is required on the south side of the regional pathway between the pathway and the fence. Revise plan to reflect this requirement. b. Include landscaping on the east side of the detached sidewalk along Locust Grove Road. c. If existing trees were removed from the site, provide mitigation information in accordance with UDC 11-3B-1OC.5 in the calculations table. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City EngineeY 11. The applicant has indicated that Nampa and Meridian Irrigation District maintain the pressure irrigation system within this development. ThereforeIDa) lettler of plan approval from NMID shall be submitted prior to scheduling of apre-construction meeting. 12. The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer FP-06-033 Reflection Ridge.FP.doc Exhibit "A" PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORK S DEPA~ENTS STAFF REPORT shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 13. Graphically depict on the face of the plat an 8-foot wide Public Utilities, Drainage and Irrigation easement along all interior lot lines in which a pressurized irrigation main is being installed. The extra width is needed to ensure the irrigation districts desire for 5-feet of easement past the centerline of pipe. 14. Sanitary sewer service to this development is proposed via extensions of mains in Locust Grove Road. The applicant shall install sewer mains to and through this development. The applicant shall coordinate with the City of Meridian Public Works Department, main size and routing, to be in conformance with the City's Master Sewer Plan. The applicant shall execute standard forms of easements for any mains that are required to provide service. 15. The applicant shall be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department, the design shall include at a minimum the following: a. Communication capabilities that are consistent with the City of Meridian's SCADA system. b• A minimum storage of 150-gallons per ERU. c. Odor control. If new information arises from ongoing modeling exercise or other subsequent sources, then this condition may be rescinded by the City Engineer. 16. Water service to this proposed development is being proposed via extensions of mains in Locust Grove Road. The applicant shall install water mains to and through this proposed development, and coordinate main size and routing with the Public Works Department. The applicant shall execute City of 1Vleridian standard forms of easements for any mains that are required to provide service. 17. The applicant shall be required to install 12-inch water mains in the following streets as depicted on the fmal plat dated 6/9/06, West Wrightwood Drive, Dazzle Way, and Luminous Way. 18. To comply with the City of Meridian's "to and through" policy the applicant is required to install water mains to the edge of their property line, which would include to the center line of the Ridenbaugh Canal in the proposed stub street to the north. Due to the impracticality of installing this improvement, the applicant shall install the water main to the end of the road and, prior to signature on the fmal plat, provide the Public Works Department with 110% half of the cost of the water line crossing of the canal. 19. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 20. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 21. Applicant shall construct a 10-foot wide multi-use pathway along the south side of the Ridenbaugh Canal (as shown on the landscape plan) so that it can be extended in both directions in the future. The applicant shall work with the City Parks Department and NMID to acquire the necessary approvals through the City's Master Pathway Agreement with NMID. The applicant FP-06-033 Reflection Ridge.FP.doc Exhibit "A" PAGE 3 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEP AENTS STAFF REPORT shall conform to the Pazk's Department's standazds for construction of the pathway. All landscaping adjacent to the pathway must be maintained by the Homeowner's Association. The Applicant shall contact Bryce Farris of Ringert Clark Chartered Lawyers (or the current attorney for Nampa Meridian Irrigation District) at 342-4591 to initiate the License Agreement process for the public multi-use pathway. The License Agreement is required under the Master Pathway Agreement between the City of Meridian and NMID, dated December 19, 2000. It is the developer's responsibility to initiate the License Agreement request and provide all information required by NMID's attorney. Z2• A permanent public pedestrian easement shall be recorded, in favor of the City of Meridian, for the pedestrian pathway along the Ridenbaugh Canal prior to certificates of occupancy being issued for this phase. The easement shall be sufficient width to cover the 10-foot wide pathway shown. The hazd surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. 23. All azeas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space aze subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area.. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction 24. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, development agreement, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Ridenbaugh Canal, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer 2. Street signs aze to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4• All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. FP-06-033 Reflection Ridge.FP.doc Exhibit "A" PAGE 4 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DE PA~ENTS STAFF REPORT 5• A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6• Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7• Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. ~• Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9• Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be r laced b additional trees, being the equivalent number of caliper inches of trees that were remtoved. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Com an . contractor shall obtain design and' P Y The street light permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Reflection Ridge Subdivision (FP-06-033) with the above stated comments and conditions. FP-06-033 Reflection Ridge.FP.doc Exhibit "A" PAGE 5 _.. . ~.. J- 1~ICh1II;~~ ~~ ~E~IYGiNEERiNG AugusG9,2Q06 Citydf i+~ericiian Aunt Sonya ~V~tt~rs 66U.E. Waterto.~ver_I,arie. Suite ~0~- Metidian, Iciahv 8362 Re: ReflectionRizlge Subdre~ision Dear A4s, titJattets I Final i?~at Staff Report ~~ hai~e received a copy of the staff report foz ttie n;fetenced prgj ect. V~~e agree: wiitt all of~the catiataents ab~~coaclitioriS.&ni~ appreciate City ofivieridian's staff:zeconuneadation f°r aplarQVal of ~iha:pr~ject. If ytit~ ha~re any comments or questipns please call meat 342- 4214; c~atension 301. Sincerelyr Mvrtgn D; ivTcNiillen, P.E. Project ARariaget• 9 it) Msiht Street,.~iite 258. Doise. IdaAo 53702 plmne(2(-bJ8.42-~2i4 fa~t2U8}3a2~{?[6 Exhibit "]3" August 4, 2~b MERIDIAN CITY COUNCIL MEETING FP 06-034. August 8, 2006 APPLICANT Heron River Development, LLC REM NO. 9 REQUEST Finat Plat approval for 53 single-family residential building lots and 6 common lots on 16.83 acres in an R-8 zone for Crossfield Subdivision No. 3 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See afF®ched Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See affached Comments 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 sha0 become propertyr of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C August 8, 2006 IN THE MATTER OF THE ) APPLICATION OF HERON RIVER ) DEVELOPMENT, LLC FOR FINAL ) PLAT APPROVAL OF 53 SINGLE- ) FAMILY RESIDENTIAL BUILDING ) LOTS AND 6 COMMON LOTS ON ) 16.83 ACRES IN AN R-8 ) ZONELOCATED AT 955 WEST ) USTICK ROAD IN THE S % OF ) THE NW % OF SECTION 1, T. 3N., ) R. 1 W. ) CASE NO. FP-06-034 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 8, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 8, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1 • The Final Plat of "PLAT SHOWING CROSSFIELD SUBDIVISION NO. 3 LOCATED IN THE S %z OF THE NW '/a OF SECTION 1, T. 3N., R. 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO. 3 / (FP-06-034) Page 1 of 4 DATE: 06/29/06, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", HERON RIVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 8, 2006, listing 15 SITE SPECIFIC REQUIltEMENTS/FINALPLRT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Engineering Solutions, LLP, a true and correct copy of which is attached hereto and marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 8, 2006 meeting as follows, to-wit: 1.1 Adopt the action of the City Council take at their August 8, 2006 meeting as follows: Approve per applicant's response letter dated August 8, 2006 (see Exhibit "B"). 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION N0.3 / (FP-06-034) Page 2 of 4 ~ ~ central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION N0.3 / (FP-06-034) Page 3 of 4 ~ ~ request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, 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. By action of the City Council at its regular meeting held on the ~' day of P11~c~as~- , 2006. \e`~~~~~i J~i`~~~~ ,,,\`'~.`°~ ~ OR de WEERD ATTEST: ;`~ C~' ~, '', ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO. 3 / (FP-06-034) Page 4 of 4 ~® j~~ d WILLIAM G. BERG, JR., CL ~ .,~~~ Copy served upon Applicant: ~~ Ply' ~'°~ e~~' /' Public~l~9l~partme~t City Attorney B ' Dated: ~- ~.~-py City Clerk's Office CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~ENTS STAFF REPORT ,~ STAFF REPORT: TO: FROM: SUBJECT: Hearing Date: August 8, 2006 Transmittal Date: August 3, 2006 Mayor & City Council k fr e'fB`6';9~ i~~~I;~~ ;t "~; 1 ~~~ ~~~ ~.~~ ~ ~.: ~,~F ~ ~° '~g'e.~ We have reviewed this These conditions shall Meridian City Council: Sonya Wafters, Assistant City Planner ~ ' Michael Cole, Development Services Coordinator ~ C Crossfield Subdivision No. 3 Request for Final Plat Approval of Crossfield Subdivision No. 3 Consisting of 53 Single-family Residential Building Lots and 6 Common/other Lots on 16.83 Acres in an R-8 Zone by Heron River Development, LLC (File# FP-06-034). submittal and offer the following comments and conditions of the applicant. ~e considered in full, unless expressly modified or deleted by motion of the APPLICATION SUNIlVIARY & LOCATION The applicant, Heron River Development, LLC, has applied for final plat approval of the third phase of Crossfield Subdivision which consists of 53 single-family residential building lots and 6 common/other lots on 16.83 acres in an R-8 zone. The gross density for this phase of the subdivision is 3.15 dwelling units per acre. The net density is 5.09 dwelling units per acre. Crossfield Subdivision is located on the south side of W. Ustick Road, approximately 1/2 mile east of Linder Road, in the NW % of Section 1, Township 3 North, Range 1 West, Boise Meridian. The site has not been previously platted. This subdivision was approved as a planned development, which allowed for reduced frontages of 50 feet for detached products, 40 feet for attached products, 34-feet for alley loaded products and 15 feet for cul- de-sac lots. Also, reduced lot sizes were approved to 6,380 square feet for detached dwelling lots, 5,000 square feet for detached patio home lots, 4,200 square feet for detached alley loaded lots, and 3,950 for attached lots. The final plat for this phase shows one building lot less in Block 10, and an increase in open space in Block 11, than was approved with the preliminary plat. As a result of losing a building lot in Block 10, the open space on Lot 18 was increased. In Block 11, the street configuration changed, which affected the lot configuration and increased the open space. Staff has no concerns with the proposed change because the resulting density stills falls within the target density desired in the Comprehensive Plan and the overall open space is slightly greater than what was approved with the preliminary plat. The submitted final plat still substantially complies with the approved preliminary plat. Staff recommends approval of the final plat for Crossfield Subdivision No. 3 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-OS-015), conditional use permit (CUP-OS-022) and preliminary plat (PP-OS-017) for this subdivision. Exhibit "A" FP-06-034 Crossfield Sub3 FP PAGE 1 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPAI~IENTS STAFF REPORT Z. A majority of this site is within an AE flood zone. The applicant shall be required to comply with one of the two alternative listed below. a) Prior to signature on the fmal plat, the applicant shall submit a Letter of Map Revision, that proves that the flood plain has been removed, to the City Engineer. b) The applicant shall add a plat note stating that the property is within an AE Flood Plain, include map number. Additionally all lots within the floodplain shall be required to submit "Base Flood Elevation" certification prior to issuance of building permits. 3. The applicant has indicated Nampa and Meridian Irrigation District (NMID) will own the pressurized irrigations system in this proposed development. Therefore a letter of plan approval from NMID shall be submitted prior to scheduling apre-construction meeting. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant has indicated that the primary source will be Five-Mile Creek which is a year round source. Therefore, asingle-point connection is not required. If, in the future asingle-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the fmal plat by the Meridian City Engineer. 5. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Permanent perimeter fencing (or temporary construction fencing) as shown on the landscape plan shall be installed prior to release of building permits for this phase. 6. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B- 11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 7. Sanitary sewer service to this site is being proposed from mains installed in previous phases. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from fmish grade to the top of the pipe. If cover is less than three feet from the sub-grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. It appears to staff that Lot 6, Block 17 contains a portion of the existing sanitary sewer easement. Prior to signature on the final plat the applicant shall confirm this information and graphically depict on the fmal plat that portion of the sewer easement that lies within said lot. 9. Water service to this site will be from main line extensions installed in previous phases. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Exhibit "A" FP-06-034 Crossfield Sub3 FP PAGE 2 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~ENTS STAFF RFPnuT 10. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 11. Applicant shall construct a 10-foot wide multi-use pathway along the Cresson Lateral from the east to the west property line (as shown on the landscape plan) so that it can be extended in both directions in the future. The applicant shall work with the City Parks Department and NMID to acquire the necessary approvals through the City's Master Pathway Agreement with NMID. If NMID will not allow the Creason Lateral pathway to be placed within their easement (because the lateral is open), then the applicant shall construct the pathway in a common lot outside of NMID's easement. The applicant shall conform to the Park's Department's standards for construction of the pathway. All landscaping adjacent to the pathway must be maintained by the Homeowner's Association. The Applicant shall contact Bryce Farris of Ringert Clark Chartered Lawyers (or the current attorney for Nampa Meridian Irrigation District) at 342-4591 to initiate the License Agreement process for the public multi-use pathway located on Lot 18, Block 10 and Lot 18, Block 11. The License Agreement is required under the Master Pathway Agreement between the City of Meridian and NMID, dated December 19, 2000. It is the developer's responsibility to initiate the License Agreement request and provide all information required by NMID's attorney. 11. A permanent public pedestrian easement shall be recorded, in favor of the City of Meridian, for the pedestrian pathway along the Creason Lateral prior to certificates of occupancy being issued for this phase. The easement shall be sufficient width to cover the 10-foot wide pathway shown. The hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within this phase of the subdivision. 12. The landscape plan, prepared by Harvest Design and dated 6/22/06, shall be revised as follows: a. Fencing adjacent to micro pathways and common open space shall not exceed 4 feet in height if closed vision fencing material is used. A 6-foot tall fence is allowed if constructed of open vision material. Revise plan accordingly. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer 13. Revise or add the following note(s) on the face of the plat dated 6/29/06, prepared by Engineering Solutions, LLP, prior to signature on the final plat by the City Engineer: (1.) Revise note to read, "...over the ~{~A) fourteen and a half (14 %zl feet adjacent..." The extra width is needed to ensure 10 feet of easement past the edge of sidewalk. (10.) Revise note to read, "Fencine adiacent to Lot 18 Block 10• Lots 14 & 18 Block 11 • and Lots 1, 3, and 8, Block 17 shall be in compliance with the most recently approved Fencros Standards of the City of Meridian " 14. Complete the Certificate of Owners and accompanying acknowledgement. 15. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. Exhibit "A" FP-06-034 Crossfield Sub3 FP PAGE 3 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~IENTS STAFF REPORT GENERAL REQUIREMENTS 1. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit "A" FP-06-034 Crossfield Sub3 FP PAGE 4 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~IENTS STAFF RRP(lRT 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, maybe considered for final approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Crossfield Subdivision No. 3 (FP-06-034) with the above stated comments and conditions. Exhibit "A" FP-06-034 Crossfield Sub3 FP PAGE 5 NGINEERIN~ planning and eng~neenr~ communities for the !;!tare o~vr~anrs«p August 8, 2006 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: CrossGeld Subdivision No. 3 Final Plat File No. FP-06-034 Dear Mayor and Council: ISO East Aikens Slrcc(. Suite B Eaglc,lD x3GIG Phone: (20x) 93x-09x0 Faz: (20x}93x-U9~1 E-snail: es-beck}'m~ii?ywesl.nel We have reviewed the staff comments prepared for the Meridian City Council meeting of August x, 2006, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply, with the exception of the Creason Lateral and Five Mile ~~ / Creek, which were approved to remain open during the preliminary plat process. C:~llowntents send SettinGsallens`I,oval Settings~'CrntTx>rary lntern.'t File''s101,KG01iR~csR¢sponv¢.do.: Exhibit "B" Mayor and City Council August 8, 2006 Page 2 11. The applicant will comply. 1 1(B) The applicant will comply 12. The applicant will comply 13. The notes will be revised as requested. We would like to add to the end of Note 10 "...at the time of construction." l4. The applicant will comply. I5. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. Noted. C:',llocun~cnts and Scuin~.rallcns~Loc.~al ScUings`.T~•mporary Lriernel Files~OLh601 R.rrsRrzponsc.duc F.ahibit 'B" Mayor and City Council August 8, 200b Page 3 We appreciate staff's favorable recommendation of our request. Thank you. Sincerely, engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. R. Craig Groves C:.Ik~u~m~~tvs and Settings~aflzns`J,oc.d Sellings'remporar)~ Inttrnet Files•dN,1~6U1 RecsRespo~nr.doc E.~hibit "B" August 4, 2006 MERIDIAN CITY COUNCIL MEETING C, J FP 06-032 August 8, 2006 APPLICANT Hightower, LLC ITEM NO. 10 REQUEST Final Plat approval for 107 single-family & townhome residential building Pots, 23 common lots, 3 commercial building lots 8~ 2 other lots on 22.95 acres in C-C, R-8, 8~ R-15 zones for Hightower Subdivision - SWC of Jericho Road & Chinden Boulevard AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: No Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANSPORTATION DEPT: See attached Comments OTHER: See attached Email from Phil Hull Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Ctty of Mer(dlan. August 4, ~6 FP Ob-035 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2OO6 APPLICANT Winston Moore ITEM NO. 11 REQUEST Final Plat approval for 23 commercial lots and 1 common lot on 31.37 acres in a C-G zone for Centre Pointe Subdivision - NWC of E. Ustick Rd. and N. Eagle Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Staff Commends No Comment See attached Comments No Comment Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. ~~ BEFORE THE MERIDIAN CITY COUNCIL C/C August 8, 2006 IN THE MATTER OF THE APPLICATION OF WINSTON MOORE FOR FINAL PLAT APPROVAL OF 23 COMMERCIAL BUILDING LOTS AND 1 COMMON LOT ON 31.37 ACRES IN A C-G ZONE LOCATED ON THE NORTHWEST CORNER OF EAST USTICK ROAD AND NORTH EAGLE ROAD IN THE E % OF THE SE 1/a OF SECTION 32, T. 4N., R. lE CASE NO. FP-06-035 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on August 8, 2006, and the Council finding that the Administrative Review is complete from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 8, 2006, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING CENTREPOINTE SUBDIVISION LOCATED IN THEE % OF THE SE'/ OF SECTION 32, T. 4N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 07/10/06, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION / (FP-06-035) Page 1 of 4 ~ ~ SHEET 1 OF 2, QUADRANT CONSULTING, INC.", WINSTON MOORE, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Wafters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: August 8, 2006, listing 14 SITE SPECIFIC REQUIREMENTS/FINALPLAI and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from W.H. Moore Company, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their August 8, 2006 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION / (FP-06-035) Page 2 of 4 • that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more 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. 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION / (FP-06-035) Page 3 of 4 ~ ~ in real property which may be adversely affected by this decision 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. By action of the City Council at its regular meeting held on the ~ day of ALIq~.IS~. , 2006. By: `we~~euuurrrrpy~YO ~/ MY de WEERD ATTEST: e°°~e e,`°O®i -' ~ ~~`® i~~` ~ ~ -` WILLIAM G. BERG, JR., ITY CLF~K s`~~ - ~ ~~ Copy served upon Applicant: / P~~ ' ~~ ~~~,Q®'` /' Pub°~ ~ City B ity Clerk's Office Dated: ~-~ ~} P~ (O ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CENTREPOINTE SUBDIVISION / (FP-06-035) Page 4 of 4 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~'fENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: August 8, 2006 Transmittal Date: August 3, 2006 Mayor & City Council ,~ ,r ~ °.~ e ~~w nr ~~ ~ ~l ~~ ~ ~- ~_.. ~F Sonya Wafters, Assistant City Planner Michael Cole, Development Services Coordinator ~ C Centre Pointe Subdivision Request for Final Plat Approval of Centre Pointe Subdivision Consisting of 23 Commercial Building Lots and 1 Common/other Lot on 31.37 Acres in a C-G Zone by Winston Moore. (File# FP-06-035). submittal and offer the following comments and conditions of the applicant. ie considered in full, unless expressly modified or deleted by motion of the APPLICATION SUNIlVIARY & LOCATION The applicant, Winston H. Moore, has applied for final plat approval of 23 commercial building lots and 1 common/other lot on 31.37 acres in a C-G zone (the 8.33 acre Kohl's site is not part of the subject plat.) The proposed common/other lot will be dedicated to Settlers Irrigation District for operation and maintenance of the irrigation pump station. Centre Pointe Subdivision is located west of N. Eagle Road, and north of East Ustick Road in the E 1/2 of the SE % of Section 32, T.4N., R.1 E. This property has not been previously platted. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Centre Pointe Subdivision with the comments and conditions stated in this report. SITE SPECIFIC CONIlVIENTS 1. Applicant is to meet all terms of the approved annexation (AZ-03-025), development agreement (Inst. #105048793), and preliminary plat (PP-06-020) for this subdivision. 2. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and comply with the previous requirements for fencing along the western boundary of this site. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing is not installed, prior to release of building permits. Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 4. Revise or add the following note(s) on the face of the plat dated 7/10/06, prepared by Quadrant Consulting Inc., prior to signature on the final plat by the City Engineer: Exhibit "A" FP-06-035 Centre Pointe FP.doc PAGE 1 CITY OF MERIDIAN PINING AND PUBLIC WORKS DEPA~IENTS STAFF REPORT (3.) Include instrument number. The Landscape Plan, prepared by The Land Group and dated 7/7/06, shall be revised as follows: a. Graphically depict the location of the detached sidewalk along E. Ustick Road. b. Include landscaping details for the 10-foot wide buffer along the west property boundary and the 35-foot wide buffer along Ustick Road, west of N. Centrepoint Way in compliance with UDC 11-3B-9 and 11-3B-7. c. Include a calculations table with all information required on the final plat application checklist. d. Include tree class in the plant schedule. e. One tree is required every 35 lineal feet within the landscape buffer adjacent to N. Centrepoint Way. There are some trees missing on the west side; if this is a storm drainage area, note this on the plan. Submit three copies of the revised landscape plan to the Planning Department prior to signature on the final plat by the City Engineer. The applicant has indicated that the Settlers Irrigation District will own and maintain the pressure irrigation system within this development. If the system is to be owned and maintained by Settlers Irrigation District, a letter of plan approval from Settlers shall be provided to Public Works prior to scheduling of apre-construction meeting. (See Final Plat order Exhibit "B'). 6. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the. payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 7. All future development on the subject lots shall be required to obtain Conditional Use Permit approval. Further, each building proposed on a lot adjacent to Eagle Road and Ustick Road shall also be subject to Design Review approval. 8. Sanitary sewer and water service is currently being installed on this site. Site improvements were approved with the Kohl's application. 9. Prior to the City Engineer's signature on the final plat, provide the City with a copy of a recorded cross parking/cross access agreement for the proposed driveways and parking areas. Prior to signature on the final plat by the City Engineer, a copy of a recorded cross-access/ingress-egress and parking maintenance agreement should be provided to the City. 10. The 30-foot wide City of Meridian Fire Department ingress/egress easement shown on the plat east of N. Centrepoint Way to Eagle Road along the northern property boundary is required to have an improved surface, a minimum of 20 feet wide, and shall be able to accommodate an imposed load of 75,000 GVW. 11. Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 12. Depict a 10-foot wide landscape buffer easement on the face of the plat along both sides of North Centrepoint Way. Exhibit "A" FP-06-035 Centre Pointe FP.doc PAGE 2 CITY OF MERIDIAN PL~NING AND PUBLIC WORKS DEPA~IENTS STAFF REPORT 13. No subdivision identification signs are approved with this application. All proposed signs will require approval of a separate sign permit. 14. Staff's failure to cite specific ordinance provisions, or terms of the approved annexation, development agreement, or preliminary plat does not relieve the applicant of responsibility for compliance. GENERAI. REQUIItEMENTS All irrigation ditches, laterals or canals, exclusive of the Lemp Canal, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to fmal plat signature. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. Sewer, water, pressurized irrigation, and any life safety development improvement shall receive fmal approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 4. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Compaction test results must be submitted to the Meridian ]Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Exhibit "A" FP-06-035 Centre Pointe FP.doc PAGE 3 CITY OF MERIDIAN PL~ING AND PUBLIC WORKS DEPAI~IENTS STAFF REPORT 12. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 13. Approval of the preliminary plat shall become null and void if the applicant fails to record the fmal plat within two years of the approval of the preliminary plat per UDC 11-6B-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for fmal approval without resubmission for preliminary plat approval per UDC 11-6B-7B. STAFF RECOMMENDATION Staff recommends approval of the final plat for Centre Pointe (FP-06-035) with the above stated comments and conditions. Exhibit "A" FP-06-035 Centre Pointe FP.doc PAGE 4 • ~ V~J.~-I.. MtJL~RE C O M P A N Y Fleal Estate Development 7ELEPHONf 12081323-1919 (FAX 323-1523 EI Oarado Business Campus 1940 S. Bonito Way, Suite 180 Meridian, Idafio 83642 P.O. Bax8204 Boisa, Idaho83 7117-22 0 4 Date: August 7, 2006 To: Sonya Watters, Assistant City Planner Meridian Planning & Zoning From: Jonathan R. Seel Subject: Final Plat Approval of CentrePoint Subdivision (FP-06-035) We have reviewed the staff report for the above referenced final plat application and offer the following continents: Site Specific Conditions: Item 4 has a subsection (3), but no (1) or (2). Was this simply a clerical error or have the first two been left off? ~u-'~-~'~rp{~'rr ~ r1ci~ ~. 3 * Item 5 Originally Settlers Irrigation District was to manage the pressurized irrigation system. However, Settlers has advised us they are no longer taking on management of PI systems. Therefore, it will be privately managed. General Conditions * Item 4 Requires a certification of completion shall be prepared by our landscape architect. To properly provide a certification of completion, a professional architect must be on site every day. We question the need for this requirement and ask that it be reconsidered. G7r~~~n~nc~ rP~,,~rc'.ru~i~f-- * Please note, to our knowledge item 4 was not included in the conditions of approval for the preliminary plat, otherwise we would have addressed this during the initial review process. !-!~ net ~~ r~¢i. z~' fi~;r r'/; ~-~yt~~ t~~ That concludes otu comments on the staff report. CC: City Clerks Office, Meridian r..n;h;~ °13,. r: August 4, 2~b VAC 06-010 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~b APPLICANT Hightower, LLC ITEM NO. ~ Z REQUEST Vacate a portion of Jericho Road north of W. Hightower Drive and south of State Highway 20126 for Hightower Subdivision - SWC of Jericho Road 8~ Chinden Boulevard AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: Cfl'Y WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: IDAHO TRANPORTATIQN DEPT: See attached Comments OTHER: See attached Email from Phil Huli Contacted: Date: Phone: Emaiied: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. August 4, 2~b VAC 06-~?4 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 APPLICANT Dave Evans Construction ITEM NO. 13 REQUEST Continued Public Hearing from June 27, 2006 -- Request for a Vacation of the existing utility easements on the interior lot lines for Lots 21,22, 25 and 26, Block 7 Sundance Subdivision No. 3 Sundance Subdivisiono No. 5 - nec of Ustick & Meridian AGENCY COMMENTS e~ -e CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See previous Item Packet /Minutes See attached Memo See attached CommerrFs Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. August 4, 2~6 AZ Ob-019 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~b APPLICANT Gemstar Development, LLC ITEM NO. 14 REQUEST Continued Public Hearing from June 27, 2~b -Request for Annexation and Zoning of 10.59 acres from RUT to R$ zones for Southwick Subdivisin - 1255 West 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 WIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See previous Item Packet /Minutes Date: Phone: _ Staff Initials: Materials presented at publk meetings shall become properly of the City of Meridian. August 4, 2006 PP 06-018 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~6 APPLICANT Gemstar Development, LLC ITEM NO. 15 REQUEST Continued Public Hearing from June 27, 2~6 -Request for Preliminary Plat approval of 42 building lots and 6 common lots on 10.59 acres in a proposed R-8 zone for Southwick Subdivision - 1255 West 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 previous Item Packet /Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings sha0 become properly of fhe City of Meridian. s ~ August 4, 2~b AZ Ob-015 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~b APPLICANT Fatwest, LLC ITEM NO. ~ 6 REQUEST Continued Public Hearing from July 11, 2~6 -Request for Annexation and Zoning of 182.60 acres to R-8, TN-R, and C-N zones for Tanana Valley Subdivision - southeast corner of Meridian Road and Victory Road AGENCY COMMENTS _~_ ~_ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Farwest See previ®us Item Packet J Minutes Contacted: Date: Emailed: Phone: Tarr mm®is: Materials presented at public meetings shah become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C August 8, 2006 IN THE MATTER OF THE APPLICATION FOR RECORDING THE FINAL PLAT FOR BUICH SUBDIVISION LOCATED AT 2150 W. CHERRY LANE IN THE SE 1/ OF SECTION 2, T.3N., R.1W , MERIDIAN, IDAHO BY: RGJ Cherry Lane, LLC APPLICANT CASE NO. TE-06-014 ORDER GRANTING AN ADDITIONAL ONE YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT This matter coming on regularly before the City Council on August 8, 2006, upon the Applicant's time application for an additional one year extension within which to record the Buich Subdivision Final Plat ,which was originally approved on July 6, 2004, as provided in § 11-6B-7C, and good cause shown. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted an additional one year extended period of time until July 6, 2007, of this Order within which to record the Final Plat for the above entitled subdivision application. By the action of the City Council at its regular meeting on the ~~' day of t~ 2006. ORDER GRANTING AN ADDITIONAL ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR BUICH SUBDIVISION (TE-OS-014) Page 1 of 2 ~ ~ DATED this ~," day of A UQ ~C~ 2006. By: ,`,®a\`~®`\a~a~~iii -rrrrr~YO de WEERD ATTEST: ~ v' ~~ WILLIAM G. BERG, JR , C CL~ ~~~ ~~, ~' v ~~~ Copy served upon Applicant: ~ /~ ~ $~~ ' o*` ~v /' Pu e~,inent /City A°tt°dit~t-ie6~¢aeaa By: City Clerk's Office Dated: g = a 1- alp ORDER GRANTING AN ADDITIONAL ONE (1) YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR BUICH SUBDIVISION (TE-OS-014) Page 2 of 2 • August 4, 200b TE 06-015 MERIDIAN CITY COUNCIL MEETING AUgUSt $, 2006 APPLICANT RGJ Cherry Lane, LLC ITEM NO. 2~ REQUEST Public Hearing -Approval of a one-year Time Extension to commence the Conditional Use Permit for Buich Subdivision - 2150 W. Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aMached Staff Commer>ts CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL C/C August 8, 2006 IN THE MATTER OF THE APPLICATION FOR AN ADDITIONAL TIME EXTENSION ON COMMENCING THE CONDITIONAL USE FOR BUICH SUBDIVISION LOCATED AT 2150 CHERRY LANE, MERIDIAN, IDAHO BY: RGJ CHERRY LANE, LLC APPLICANT CASE NO. TE-06-015 ORDER GRANTING A ONE YEAR TIME EXTENSION FOR COMMENCING THE CONDITIONAL USE This matter coming on regularly before the City Council on August 8, 2006, upon the Applicant's time application for an additional one year extension within which to commence the Buich Subdivision conditional use permit, which was originally approved on February 10, 2004, as provided in § 11-SB-6F4, and good causing appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above name Applicant is granted an additional one year extended period of time until July 26, 2007, of this Order within which to commence the conditional use permit Buich Subdivision for the above entitled subdivision application. By the action of the City Council at its regular meeting on the ~~ da of Y ~~ -'' 2006. ORDER GRANTING AN ADDITIONAL ONE YEAR TIlVIE EXTENSION FOR COMMENCING THE CONDITIONAL USE FOR BUICH SUBDIVISION (TE-06-015) Page 1 of 2 C~ DATED this ~ day of /~, 2006. i `~~~~`~,~ ~ ;OR T de WEERD ATTEST: ;,.~ ~'` ~ >% F~ ~~ ` - ~aa WILLIAM G. BERG, J C>~ ~ ,~~' ~~r ~ ~ ~ ~~ ~ A*~1 `° - ~ ~1a Copy served upon Applicant: / ~~ ~ Pub~f~i~q;~~w~~parhnent ~ City Attorney ~, ity Clerk's Office ORDER GRANTING AN ADDITIONAL ONE YEAR TIME EXTENSION FOR COMMENCING THE CONDITIONAL USE FOR BUICH SUBDIVISION (TE-06-015) Page 2 of 2 August 4, 2006 RZ 06-003 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~6 APPLICANT Monterey, LLC ITEM NO. 21 REQUEST Ordinance -Request for a Rezone of 3.13 acres from R-4 to L-O zones including modifications to the existing Development Agreement for Lochsa Falls Subdivision for Hastings - 2300 West Everest Lane 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 aHaehed Ordinance ~ 0~ /'v¢6 ~.,onTacrea ~~~; a w ~~ Date: Phone: Emailed: er~~,~,~`,Q,~q~ ~j~ Staff itials: V Materials presented at pubic rneetfngs shall become properly of the City of Meridian. Aux GUUNTT RECORD J. DAVID NAVARRO AMOUNT .00 5 ~ BOISE IDAHO 081171 7 pM DEPUTY PamTho III I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RECORDED-REQUEST OF City of Meridian 1 Eta i.~ s~#~ ~ CITY OF MERIDIAN ORDINANCE NO. ~~ ° ~ ~'4'~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT MONTEREY, LLC, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-003 -HASTINGS) FOR REAL PROPERTY BEING LOTS 46 AND 47, BLOCK 49 OF LOCHSA FALLS SUBDIVISION NO. 12, AS SAME IS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 92 OF PLATS AT PAGE 10958 OF ADA COUNTY RECORDS, LOCATED IN THE NW 1/ OF THE NE 1/ OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE- ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (MEDIUM-LOW DENSITY RESIDENTIAL) TO L- O(LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal 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 sad property, to-wit: Monterey, LLC. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Medium-Low Density Residential) to L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE ORDINACE OF HASTINGS - RZ-06-003 Page 1 of 3 • • SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCII. OF THE CITY OF MERIDIAN, IDAHO, this ~y~ day of /~~~~~'~~ , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this gam' day of /~~~~~r~ , 2006. ~, G MAYOR T de WEERD RE-ZONE ORDINACE OF HASTINGS - RZ-06-003 Page 2 of 3 • • ' ~~l`l~ltlll111111/~~~`` ATTEST: °.°° C~ o~'% ~~, -; L ~ / .FdS~ WILLIAM G. BERG, JR., CITY CL ~ ~~ ~-~ ,'° ,,e lflt89 ttffH~ STATE OF IDAHO, ) ss. County of Ada ) On this ~' day of AL(k ~.~{ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •• •. (SEAL) • 'S~ ~ ~ • • ~ ••j ' r~O ~` `~•• '~~;~; i i ,` rry , • ~~``~~. -1\.% s N TARY PUBLIC FOR IDAHO RESIDING AT: ~'~ j ~~ ~ p MY COMMISSION EXPIItES: ld-1 t-Il RE-ZONE ORDINACE OF HASTINGS - RZ-06-003 Page 3 of 3 • • Legal Description u s.~se • •L11O77*l117rt9S~ I.LC' N. r ~'ti 5vite 1~ t~~. w.w. Project iVo. OS-~OSB-Ot (~ 97&9ibQ ~ F~ (2a8) ~.76r55S4 Bata: Marot> ]S, 2006 LOCBSA FA~H,Ii,S SLiB~D~MS~idN N0.12 .i.i7~i'S d6 A-I~TD 47, 49 1.~ZUNE ~ESCRIlr1`IdN A t~l of Tend 'Il.ots s~',setid dT, Bloat 49 ofta Fe~le Sut~ivisi 1Jo. saato 3e sbt-a+n oa flag plst ttteaoof cecot+dOd fn t3ook 92 of P1atB ai. ~ ~ as ds,.located •ia flte NW U4 oCt6e NB W4 ofSocflon 26, T. 4 Nom, R t tfi-e BJVt:. Mai ~„ Ada f~o„~y, raelzo, ~ Ty d~ws'6ed sa tatla~+s; Commaatcittg sr t4s saction aotaer oum~on to Bastions 23, 24.25 and 26 of mid T. 4 N., R. 1 W.; Tl~ Natdi 89°3820" liVoat, 2530.~.~t oa tl~ ~ Gaon to said 5cctioaa 23 sad Z6 to ft>Q 114 eaclioo a~zr ~orit to m~ $ Z3 eod Z6; Titeoce i+oYe~ing dusctioa, South 89°38'Ztl" $~ T99..79 ~ tae l~vi'~ egfd.oa lists South d10°21,'4tY' V~o~;103.p0 foal to tits catnsc of Lot .4y, Hioclt 49 of Maid Caches Fa>~ 5ttbdit~on No. t2, ttmd poi bsin8.thaX~AC. >E'02ttiT' OF $$t~fi11y111T(",; 7~ace''9ouRlt 89°38'Z~' ~; 440.00 fast a:t tiej nosi5atty lce ifmo oFesid T,pt®47 tvcd,4a ~ the nauthariy ~t aoaser.~ tuts 4•S and'46, 81adc 49 ofsatd Snbdiv3~on; Theaea South OQ'2l'4tY.' Wegt, 310.t2 feat oa eha lot lino common to said Lots 45 and 4ti tq tlm qty lot ece~,r ~m~a4t•ta said Wu 4S~and 4d; Thet~e Nott>~ 89°38'20°' ~6-eet,440.0tt foot au Poo soutltmdy (~ liaa of said Lots 46.attd 47 to the eq o!'safd Lot 47; Ttae»co Notdt Ob°ZT'40" 110.13 fax on tlie'westady tat line of said Cat 47 W the ~ 1~ °f Said peal ooh 3.13 arras t~e~a ~ Imes, P>~PAREIDIiiX: 7~RNoreltwaq it a ~"'~.~.'°r~' James R. ~1-+aaltbaia, p~~~ P-~ c i ~ ~"~*t~•dm ~t.~r~ (• ~• ~~ ~~ ~ ~ ' odor ~~aNn • ~g. vi 4i ~ ~~'• = ~ ~ ~~~~~ ~ ti ~ sst oic a~~.oos ~~ ~~ ea i ~~ .~ s ~ ~~ ~ ~ ~ ~ .. ~ ~, _ ~ ~ ~~ ~ ~ ~ q f ~, .OO iOl .~t'0~£ 3.Ot~1~L00N V !U 4 0 ` Pj r r G "~ s 7 d , G ~' NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06--¢~~_ PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for being Lots 46 and 47, Block 49 of Lochsa Falls Subdivision No. 12 as shown on the Plats at Page 10958 of Ada County Records, located in the NW 1/ of the NE 1/ of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 3.13 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Ave e, Meridian, Ic~~~l"' '"' ~fdi~ance shall become effective on the ~ day of ~ ~ >*'~° ~,°~ 'r`te •® ~,~ ~, ~, ~~ ~' Mayor and City Council of e C' of l~[eri ian ~~ By: William G. Berg, Jr., City Clerk ~ ~ ~ First Reading: ~ '~ ~~~ Adoe ~ ~,~iy suspension of the Rule as allowed pursuant to Idaho Code 50-`9~id : ~~''~ NO Second Reading: ~g+R~~,r~g; STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- f Z¢6 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. 06- ~ ~ 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 2006. '~ William. L.M. Nary, City ORDINANCE SUMMARY - RZ-06-003 -HASTINGS Page 1 of 1 r August 4, 2006 AZ 06-023 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2~6 APPLICANT ACRD ITEM NO. ~ REQUEST Ordinance -Request for Annexation and Zoning of 1.0 acres from RUT to R-2 zones for Martin Annexation - 1120 South Locust Grove 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 SCWOOL 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 Ordinance ~6, ~~~ OTHER: Contacted: ~ Date: ~ dtP Phone: ~~? G ,a.?~ Emailed: ~ a, t (,Gg' Staff Initials: Materials preaeMed at pubpc rrteefinps shoo become property of the Ci y at McBdian. ~'`~ ADA COUNTY RECORDE~VID NAVARRO AMOUNT .00 BOISE IQAHO 08/17/06 M QEPUTY Pafd Thompson II I I ~ II II I II I I II II I II I I'I'I I I II III III RECORQED-REQUEST OF Ciiy of Meridian 1E~~ 1.~:'~#~,t CITY OF MERIDIAN ORDINANCE NO. ®6-!Z ~7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-023 MARTIN ANNEXATION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SW 1/ OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO A5 DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TOR 2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Ada County Highway District. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-2 (Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-023 MARTIN ANNEXATION Page 1 of 3 ~ ~ r"~ SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CI7CY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~J ~~ day of _ j~~7/LG- l ~- , 2006. APPROVED BY THE MAYOR OF THE Cl[TY OF MERIDIAN, IDAHO, ~~ ~ ~~ ~4 ~~ it9i 4ttii31~~~,'+o``` ANNEXATION OF AZ-06-023 MARTIN ANNEXATION Page 2 of 3 this ~~ day of _ /~?r+G~.~~ , 2006. STATE OF IDAHO, ) ss. County of Ada ) ( • On this $~ day of N S* 2006, before me, the undersigned, a Notary Public in and for d State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~SE~•• SARA .~•• s ,. ~ ~ ~ ;t~J: ~[n B ~~~...,,,,,,aaa Y ~ I~a O~ t ~ ~ • ~~ ~+ ~ ~ ~~ i' ~ I ..lD~Q ,• ••. . • TARY PUBLIC FOR IDAHO RESIDING AT: ~~~~ MY COMMISSION EXPIRES: IQ-t ~- li ANNEXATION OF AZ-06-023 MARTIN ANNEXATION Page 3 of 3 `(~ (~ Boundary Description for: Ada County Highway District Ada County Assessor Parcel Numbers S 1117325600 & S 117325650 A parcel of land situated in the Southwest quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Begining at apoint on the section line which bears South 0°18'50" West, 1028.45 feet from the quarter -section comer common to Sections 17 and 18, Township 3 North, Range 1 East, Boise Meridian, said point being the POINT OF BEGINNING; Thence continuing South 0°18'50" West, 100.00 feet along the section line to a point; Thence North 89°50'50" East, 435.00 feet to a point; Thence North 0° 18' S0" East, 100.00 feet to a point on said section line; Thence South 89°50'50" West, 435.00 feet along said section line to the Point of Beginning. Said described parcel contains 43,500 Square feet or 1.00 Acres. Said parcel is subject to easements of record or in use. This description was prepared by the ACHD survey section from that Quitclaim Deed, filed as instrument number 98092165, records of Ada County, Idaho. 8 APR 2 2006 Meridian Public Works Dept. r~ SKETCH FOR: NO SCALE W 0 a C9 U O J ACHD PARCEL ~ S1117325600 & ~ S117325650 S,18~ S.17 1/4 CORNER 0 ,°~ o ~ o c o ° - - -.....~.... ( rHUt b1 • LOCATED IN. SW1 /4 S. 17, T3N, R 1 E, B. M. ADA COUNTY, IDAHO PREPARED BY. ACHD SURVEY 4/21/06 589'50'SO~. 435.00' N89'S0'S0°E x35.00' r~ ,°~ o m o .- oc o° z • • NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- /Z~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the SW % of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.00 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian~,Id ` °" de ~ S~rc~.~dinance shall become effective on the -~" day of ~'~ ,> ~ .~, ~ 'sP ~~ ~~ ~ ~,/ e ~C) Gov(/G~-+` :~' Mayor and City Council of e ity o~M ian - By: William G. Berg, Jr., City Clerk ~ ~ ~ .: ~,~ ~ aq~. First Reading: ~ ~~ ~®~ Addp~ st~eadmg by suspension of the Rule as allowed pursuant to Idaho Code 50-~~~t~rot ~~~ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- ~Z47 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. 06- !~~ 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 2006. William. L.M. ary, Ci ey ORDINANCE SUMMARY - AZ-06-023 MARTIN ANNEXATION Page 1 of 1 August 4, 2006 MERIDIAN CITY COUNCIL MEETING AZ 06-7 August 8, 2006 APPLICANT Providence Development Group, LLC ITEM NO. 23 REQUEST Ordinance -Request for Annexation and Zoning of 59.88 acres from RUT to R-8 zones for Solitude Subdivision -south of East McMillan Road and east of North Meridian 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 aNached Ordinance ~6~~za Contacted: `~tiR~ Date: ? D Phone: Emaiied: Staff niflals: ~~ MaFerlab presented at pubOc meefinga sfmU become properly of the City of Metidtan. (,J~tj ADA COUNTY RECORDER J. DA YARRO AMOUNT .00 5 BOISE IDAHO OB/24/06 01:51 RECORDEDa REQUEST OF ~~~ ~~~~~~~~~~~~~~IIIIIIIIIIIIIIIII ~~~ City of Meridian 10~ 137Ei~~ CITY OF MERIDIAN ORDINANCE NO. ~ ~ - lZ BY THE CITY COUNCII.: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ-06-007 SOLITUDE SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN GOVERNMENT LOTS 1 AND 2, AND THE NE 1/ OF THE NW 1/ AND THE SE % OF THE NW 1/ OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: SteineY Development, LLC. SECTION Z. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION OF AZ-06-007 SOLITUDE SUBDIVISION Page 1 of 3 f t SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CI7CY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~ , 2006. APPROVED BY THE MAYOR OF THE Cl[TY OF MERIDIAN, IDAHO, this ~ ~ day of /~yi,G~~"~ , 2006. ~.,~` ~~ ~ de WEERD ~ ~~ iv ATTE T: `'' ~``~ ~' O a ~d~l6N ~ '®~, `~ WILLIAM G. BERG, JR., CITY~L Apr' „q~ ~ ~ ~w~ yy~~/~~d7r/! 9 h~a1®a~*$q~ ANNEXATION OF AZ-06-007 SOLIT~SU~B~~VISION Page 2 of 3 • STATE OF IDAHO, ) ss. County of Ada ) ~~ On this ~ day of~~ ~- 2006, before me, the undersigned, a Notary Public in and fors d State, personally appeared TAMMY de WEERD and WII.,LIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •~~®~~e•e~• i e~':'" O T ~ ~~~ . ~ . • . ,,, a` s • ~~~ IC '=o.~~ ~~~ ~0 NOTARY PUBLIC FOR IDAHO RESIDING AT: Ctl 1 t ~ ~ 1D MY COMMISSION EXPIRES: 10-1 t-11 ANNEXATION OF AZ-06-007 SOLITUDE SUBDIVISION Page 3 of 3 • • Legal Description IDAHO 1450 ~~~'~~ s~ SURVEY Suite 150 Meridlan,ldaho 83642 GROUP Phone (208) B46-8570 - Fax (208) 884-5399 January 12, 2006 Proposed Solltude Place Subdivision A parcel of land located in Government Lots 1 and 2, and the NE '/. of the NW %. and the SE %, of the NW '/., of Section 31, T.4 N., R.1 E., B.M., Ada County, Idaho, more particularly descn~bed as follows: Commencing at the NW comer of the said Section 31, the REAL POINT OF BEGINNING; Thence along the North boundary of said Section 31 North 89°59'25" East, 1423.56 feet; Thence Soutlt 00°23'56" West, 1994.73 feet to the SE comer ofthe W %z of the NW '/. of the SE ;; of the NW %, of said Section 31; Thence along the SouU~ boundary of said W % of the NW '/, of the SE %, of the NW %., and oFGovemment Lot 2 of the said Section 31 South 89°57'50" West, 1418.57 feet to a point on the West boundary of said Section 31; Thence along said West boundary North 00°15'20" East, l 150.10 feet; Thence South S9°49'50" Easl, 4$4.45 feet; Thence North 00°10'22" East, 467.59 feet; Thence North 89°49'50°' West, 483.77 feet to a point on the West boundary of said Section 3l; Thence along said West boundary North 00°15'20" East, 377.37 feet to the POINT OF BEGINNING. Containing 59.88 acres, more or less. This description written from data of record without benefit of a field survey. R yy APPt~OV gY . JAN 17 ?CC6 M W ORK~ p~P11G Professional Land Surveyors f f ~~ m o~ a ~Q z ~~ -~ ~ ,,, ~ y ~ IV 'ti ,~ :, A z i ~ • g s i D--~$r b 60L1TiTA$ p7.~,CB 8'U.BIII9ISION :. r~+oaos~onoa ~. ®oe ar, ca ea n ~~~~ mm~ 1~ /pip J~9 ip F emn www ,®~.. • ~~ $~ a» n • • NOTICE AND PUBLISHED SUNIlVIARY OF ORDINANCE PURSUANT TO I.C. § 50-901 A) CITY OF MERIDIAN ORDINANCE N0.06- ~- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in Government Lots 1 and 2, and the NE '/ of the NW '/ and the SE I/ of the NW 1/ of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 59.88 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian ~l}~Q; This ordinance shall become effective on the ~~' day of ~ ~~~~`'"i~ ~-~~; ''`'1~,, 2006. ~~` ~ yy~ ~ '% ~A t~ ~~ `A Mayor and City Council of thg Ci of By: William G. Berg, Jr., CitgCl ~ ~ ~` FirstReadin -'~"d~ ~' ~ g: ~ ® Adopted after first reading by sup ~ ~ °~ Rule as allowed pursuant to Idaho Code 50-902: YES_ C NO ~''%, ~z®"`~ Second Reading: - Third Reading. -- ~ ` $~~t ~~"'a'~~~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- /~i~~ 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. 06- /2 ~~ 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 , 2006. .~ William. L.M. ary, City Atto ey ORDINANCE SUMMARY - AZ-06-007 SOLITUDE SUBDIVISION Page 1 of 1 August 4, 200b RZ 06-001 MERIDIAN CITY COUNCIL MEETING August 8, 2006 APPLICANT Dave Evans Construction ITEM NO. $4 REQUEST Ordinance -- Request for a Rezone of 5.40 acres from R-$ to L-O zones for Sundance Subdivision No. 5 -northeast comer of Ustick Road and Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING pEPT: 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: QTHER: COMMENTS See at~oched Ordinamae ~6~ I v~~ Contacted: ~1~ ~, Date: ~ Phone: Emailed: Staff Initials: -~ Materi~a presented aii publk meeflnQs become properly of the CCily of Meridian. w~~~ f ~~ G w ADA COUNTY RECORDER J. D NAVARRO AMOUNT .00 ° ~ BOISE IDAHO 08117/06 0 DEPUTY PatO Thompson III I' II'I' II I I II I' I II I I'I II I I" III'll RECORDED-REQUEST OF iQ61~?~F~,~: City of Meridian CITY OF MERIDIAN ORDINANCE NO. ~!~ - l2 ¢~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT GARY L. VOIGT, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-001- SUNDANCE SUBDIVISION COMMERCIAL ADDITION) FOR REAL PROPERTY BEING SITUATED IN THE SW 1/ OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, MERIDIAN, ADA COUNTY, IDAHO, BEING A PORTION OF SAID SW 1/ AND A PORTION OF LOT 19 AND ALL OF LOTS 20-26, BLOCK 7 OF SUNDANCE SUBDIVISION N0.3, A5 FILED IN BOOK 88 OF PLATS AT PAGES 10025 AND 10026, RECORDS OF ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL) TO L-O (LIlVIITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal 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: GARYL. VOIGT. SECTION 2. That the above-described real property is hereby re-zoned from R-8 (Medium Density Residential) to L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE OF SUNDANCE SUB CONIlVII;RCIAL ADDITION- RZ_06-001 Page 1 of 3 (' ,~'~ SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of ~lir~~~ , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of `~~y~~~ , 2006. MAYOR T de WEERD RE-ZONE OF SUNDANCE SUB COMIVVICRCIAL ADDITION- RZ-06-001 Page 2 of 3 • ATTEST• /.~ v WILLIAM G. BERG, JR.; STATE OF IDAHO, ) ss. County of Ada ) t~ e,,1,,~p~t~~r~i~rirrrr; ,,. '+~ ~9' ~~~'' x l Mfr ~~ ~ ~~~ - ~~``~~ /,J`~l~~iiiiif@@ i@41iR84~~~~a~4~s~ On this day of f~~ ant +~~} , 2006, before me, the undersigned, a Notary Public in and for skid State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL' ; ~'~l~~T,q f ~ ~ ~ • ~~. ~~x. . . ~' • I~i - • ~~~~; IDAHo •'~~ +.^^.• ~~~~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: ~~d, ~1 1, l p MY COMMISSION EXPIRES: i ~~ l RE-ZONE OF SUNDANCE SUB COMMERCIAL ADDITION- R~06-001 Page 3 of 3 1 • EXHIBIT A Legal Description f~ ToaTr~l~Alv.o~roly 1uNGINTERINC col~iPAIVY CONSULTING $NUtNPEtl,S. SURVEYORS .ANt1 PLp~iPt~ 9fi aJ-IINDFN RCYl11EVAfp BtlLSF, ftJAHO83r'lq-2Qp8 2a)8-.;23.2285 * FA:~ Ztk9-323>3'19 buiga ~ca~an~rv-a.ccm Project: U5I61 lame: F~elzniaars= I, ~oC16 Page: tat' 1 Land Dcscripiian for Re-zone to L-n ~ parcel al' Ittnd situated. in the S~"/ of Se~ctibn 31. `Cawn~lup ~1 North, Range i East, Boise Me~idian,.City of Meridian,.Ada ~aivtt}°, Idalta, being a Pc,rtion ol'said S1~' ~,~< and a portion of Lat 19 ttrtd all of Lots Zp thTaugh ?6., Black 7 of Sundsttae Subdivision Na.,3, as fled in Book 8R of Flats at Pages 1 t)fl'?5 and I OUi?6, Records of.Ada C'auniy, Idaho, described as follows: B1?.G11YIVT-1lG at an altuninum cap; tunrkidg:t},e cntncr conatnan W Section 31 f'1`avntship ~ North, Range 1 East; Section 36, "I'brlmchip 4 M~rtlt, Range 1 t~resr, Section I. Township 3 ?~latth, Range 1 Wesi; and Section 6•'I°awnsltip 3 North, .Range 1 l:~ist, all 13oi5e Meridian, Ada Countti~, Tdaho, from which a brass cap. marking the. ?~.~ tamer common to said S~st;tians 31 and 36 bears 1~'.t)0°Sl"54"L, 2650.[19 feet;.thence, along, than line contman to said Sectitms 31 Itrtd 36 and the cacnterline of N. Meridian Road, 1~ N,tN1°S1°~~"E.,.494.46 feet; thence, along the not~therl}' line o1"saiil Lat 2t4 and the westcrly.gralangati.on t)aereof, 2) S.89°OS'Id~"L., 477.13 feet to the nortlteasttn-ly tamer ol'said Lot''ti; tlienee, clang the easterly line of wid Lots Zb and 25 and the scrutltGrly proiongatian thcreaf, 3) S.CIQ°53'S(1"1V.,, 49G.$4 feet to the ceritarrlirie.n!'E, [rsticlc C(aad turd the Section line'cammon fo said Sea;tians 31 and ~; tltenec, along said-line, 4j 'd.89°34'17"~r+'., 477.14 feat to the PtIINT nF BEG:U~~P+iCT. CC3NTAin`1NG: S,4t1 accts, msrre ar less. S(i)3JEGT Till: all C.ow•cnttnt5, Rights, Rights-af-1~'ay. Easements of Recdrd aar:l amw' Ern:tunbeances. ' ('This description was prepared from record iniontration rrn the oifiit7al plat oP Sundance Subdi~tision Na. 3, retards of Ada Counts, ldaho5 REIj . V gPPRt~ BY' rd,':i?iGIhIV F'~BT~G li'~S16ii1~jsfi6x~tp3161t1e-tctt~~cdra: ~~d~~' B(315E GOE1Jk d:~Y6 - C:'tGDN'ELL • r~ Py7L_:~ .:".Jfi-_ NppO~rp~, u/y~~fA~ Cry~E~~~~:~wFi6BL1G 1511!_+`1 ~1 1V YY IY IJ LVORKS L1EK`T- a ~oarloN of ~UNdANCE SUBdIVISiON NO RE-ZONE BOUND RY SAP ~ 30 1D0 2~ 300 Toar~a~x-o~rrorr ~vc~urQ ca. ENGINE'$Rg SURVEYORS PINVNER3 9rn criu~Ea a~~xv. • . ~ro as~ia-zoo PHONE: -323-2286 FA><; 208-323-3399 E-Rd; K1~1611Ra-;vnc m~.d~9 pUf: k~03 ~~t5167 (~ ~~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.06- /~~?.~~ PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for being land situated in the SW % of Section 31, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of said SW % and a portion of Lot 19 and all of Lots 20 through 26, Block 7 of Sundance Subdivision No. 3, as filed in Book 88 of Plats at Pages 10025 and 10026, Records of Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 5.40 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached as exhibit "B" and is not based on an actual field survey. A full text of this ordinance is availab~~,~c~n aa~pection at City Hall, City of Meridian, 33 East Idaho Avenue, Merid~~'ci `drliinance shall become effective on the S ~ day of ~ ~-.~'` ~ '~,, °°•,, .: ~~ iz~~ e ~ Mayor and City Council of e ity~f 'di ' ~~ _ By: William G. Berg, Jr., City Clerl~ ~ ~ ~ First Reading: ,~ ~~ "®~ A°~ s~'~;~ing by suspension of the Rule as allowed pursuant to Idaho Code i~9 rf 41 ~~ `~` NO Second Reading: Thirc~~eading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06-~d~~ 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. 06- /Z~ 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 f~JV , 2006. ~ '~. , ~ William. L.M. Nary, City Att ORDINANCE SUMMARY - R~06-001 SUNDANCE SUB COMMERCIAL ADDITION Page 1 of 1 ~ M August 4, 2(106 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 200b APPLICANT ITEM NO. ZS REQUEST Ordinance -Exchange of Certain City Owned Real Property Located at 55 East Broadway Avenue in the City of Meridian 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 Sea+ attached OrtNnance b6~~~D Contacted: Date Phone: Emailed: Staff In'rrtials: Matertala presented at pubic meei~ shill become properly of ~e Cliy of Medd~n. CITY OF MERIDIAN ORDINANCE NO. ~~ ~~ ~® BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE AUTHORIZING THE EXCHANGE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED AT 55 EAST BROADWAY AVENUE IN THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS LOT 20 OF BLOCK 1 OF THE MERIDIAN TOWNSITE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council of the City of Meridian has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that the property be offered for exchange, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, exchange any city-owned real property for real property of equal value pursuant to terms which shall be a matter of public record; and, WHEREAS, the proposed transaction would exchange the city-owned Lot 20 for the privately owned Lot 22 so that the City can join Lot 21, currently in City ownership, with the future City Hall site at the former Meridian Creamery; and, WHEREAS, on the 13th day of December, 2005 the Meridian City Council approved Resolution No. OS-495 declaring the intent to exchange the real property and further instructed the City Clerk to establish and notice a public hearing to consider the exchange; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on January 10, 2006 and at the conclusion of such hearing, the City Council moved to approve the exchange in concept, subject to certain terms and conditions, and directed staff to prepare an exchange agreement setting forth those terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed exchange was held at the January 10, 2006 Meeting of the Meridian City Council. ORDINANCE AUTHORIZING EXCHANGE OF PARKING LOT Page 1 of 2 ~ ~ Section 2. That the City Council determined. after the public hearing that the proposed exchange is in the City's best interest and that Lot 20 of Block 1 of the Meridian Townsite is currently underutilized and should be exchanged for property of equal value, to wit: Lot 22 of Block 1 of the Meridian Townsite. Section 3. That the City Council has reviewed and approved the Agreement for Exchange of Real Property, attached hereto and incorporated herein, and the real property exchange is expressly conditioned on the terms contained in the attached Agreement. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the exchange agreement, deed, and any other documents necessary to complete the exchange authorized by this Ordinance. Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this c~~' day of - ~ 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this S~ day of ~ 2006. ATTEST: ~~~•`"'~'~~ `'~'~ 1 ~~~ 1 ~ - CITY CLERK ~ ~ ~ '~, ~_ ~, ems, ORDINANCE AUTHORIZING EXCHANGE OF PARKING LOT Page 2 of 2 (• COMNNJ~RCIAL/INVESTMENT REAL ESTATE PURCHASE-SALE-EXCHANGE AGREEMENT THIS Agreement is entered into for the purposes stated herein, this ~r day of 2006, by Dave and Karen Buich, husband and wife ("BUTCH"), and the City of Meridian ity ("CITY"), collectively referred to herein as "the parties." WHEREAS, Buich owns or controls certain real property located in Ada County, Idaho more particularly described as Lot 22 of the Amended Plat of Block No. 1 of the townsite of Meridian located in the SW %a of Section 7, T3N, Rl E, Ada County, Idaho (the "BUTCH parcel" or "Lot 22"); and, WHEREAS, CITY owns certain real property located in Ada County, Idaho more particularly described as Lot 20 of the Amended Plat of Block No. 1 of the townsite of Meridian located in the SW 1/4 of Section 7, T3N, R1E, Ada County, Idaho (the "City Parcel" or "Lot 20" ;and, WHEREAS, the parties desire to enter into a real property exchange agreement whereby BUTCH will convey Lot 22 to CITY in exchange for CITY conveying Lot 20 to BUTCH. WHEREAS, the laws of the State of Idaho require that the City of Meridian exchange city-owned real property for property of equal value; and, WHEREAS, Lot 20 and Lot 22 are of equal size and are located on the same City block. City desires to own Lot 22 to add to the new City Hall site at the former Meridian Creamery, and Buich desires to own lot 20 to add to the Buich parcel at the northeast corner of the block; and, WHEREAS, the City Council of the City of Meridian has declared that Lot 20 and 22 are of equal value at this time as long as the City receives assurances of the continued availability of the public parking lot currently on lots 20 and 21 until such time as either of the adjacent parcels develop; and, WHEREAS, Buich has agreed to execute a parking lot easement in favor of the City of Meridian to fulfill the condition of the exchange requiring continued availability of public parking while plans for development for the Buich and City Hall parcels are being completed. NOW, THEREFORE, in return for good and valuable consideration, including the agreement set forth herein and the parties' proceeding to their respective approvals and to the closing of the property exchange contemplated hereby (the "Closing"), the receipt and sufficiency of such consideration being hereby acknowledged, the parties do hereby enter into this Agreement and the terms and conditions set forth below. REAL ESTATE EXCHANGE AGREEMENT - 1 - ~ ~ 1. IDENTIFICATION OF EXCHANGE PARCELS. The parcel that BUICH intends to exchange to City under the terms of this agreement is legally described as Lot 22 of the Amended Plat of Block No. 1 of the townsite of Meridian located in the SW 1/4 of Section 7, T3N, RlE, Ada County, Idaho. The parcel that CITY intends to exchange to BLTICH under the terms of this Agreement is legally described as Lot 20 of the Amended Plat of Block No. 1 of the townsite of Meridian located in the SW 1/4 of Section 7, T3N, R1E, Ada County, Idaho. 2. "AS-IS" SALE. The parcels are sold "as-is" and are sold without any water rights. 3. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES. The closing of this transaction is contingent upon written satisfaction or waiver of the following conditions: A) BUICH shall obtain good and marketable title to the BUICH parcel. B) BUICH shall execute and place into escrow the Parking Lot Easement attached hereto as exhibit "A" and incorporated herein by this reference. The easement shall provide for the continued operation of the existing public parking lot on lots 20 and 21 until such time as City's adjacent property or BUICH's adjacent property develops. The closing agent shall be provided with written instructions to record the easement document at closing. C) BUICH acknowledges that this agreement will be executed by BUICH before CITY executes the agreement and that the execution of the agreement by the CITY is contingent upon ratification of the terms and conditions of this agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this agreement on behalf of the CITY. REAL ESTATE EXCHANGE AGREEMENT - 2 - c1 .t 4. ACRD CIRCULATION EASEMENT. At such time that the Development Plans for Buich's adjacent property are ready to be implemented, City agrees to work with the Ada. County Highway District to remove the blanket access easement from lot 20 and limit the location of the access easement to the City-owned Lot 21. The timing of the relocation of the blanket easement shall be concurrent with the termination of the Parking Lot Easement referenced in Section 3 (B) of this agreement. 5. TITLE COMPANY/CLOSING AGENCY. A) The parties agree that First American Title Company of Ada County shall provide any required title policy and preliminary report of commitment. B) The closing agency for this transaction shall be First American Title Company of Ada County. C) Each party agrees to pay one-half (1/2) of the closing agency's fee. 6. TITLE INSURANCE. A) Each Party shall pay for standard coverage owner's title insurance policy on the respective properties which it conveys to the other parry under the terms of this Agreement. The face value of the policy for each parcel shall be Ninety Thousand Dollars ($90,000.00). The cost of additional title insurance and endorsements, if desired by a parry on property received under this Agreement, shall be paid by the receiving party. The Title Company is to provide all parties to this Agreement with a preliminary Title Report as soon as possible after execution of this agreement. The parties shall have five (5) days to object in writing to the condition of the title as set forth in the report, unless said time period is extended pursuant to this Agreement. In the event that a party makes written obj ection to the title, the other party shall have a reasonable time to cure any defects of title or provide affirmative title insurance coverage, and in the event the other party cannot cure said REAL ESTATE EXCHANGE AGREEP~ENT - 3 - ~M ~i defects or is unwilling to cure said defects or provide affirmative title insurance coverage, the objecting party may elect, as its sole remedy, to either (i) terminate this A Bement ii cure the gr' , (..) defects at the objecting party's expense, or (iii) proceed to closing, taking title subject to such defects. If the parties do not so object, the parties shall be deemed to have accepted the condition of the title. B) The final Title Insurance policies shall be delivered to the parties by the Title Company as soon as possible after closing. 7. CLOSING DATE AND TITLE CONVEYANCE. A) On or before Closing, the parties shall deposit with Escrow Holder all instruments necessary to complete the exchange contemplated under this Agreement. B) Closing shall occur no later than August 10~', 2006. Closing shall occur on the date on which the deeds to all properties are recorded in satisfaction of the requirements of this Agreement. C) The deeds for all properties shall be recorded concurrently, and neither party shall be obligated to authorize the Escrow holder to convey a parcel if the Escrow Holder is not irrevocably committed to record the deeds for all properties identified in this Agreement. D) Title to the properties identified under this agreement shall be conveyed by Warranty Deed and shall be marketable and insurable with the exception of any other liens, encumbrances or defects allowed herein or otherwise approved by the receiving party. REAL ESTATE EXCHANGE AGREEIMENT - 4 - c~ ~~ 8. POSSESSION/PRORATION. The parties shall be entitled to possession of their respective properties on the day of closing. Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserve on liens, encumbrances or obligations assumed and utilities shall be prorated as of the day of closing. 9. DEFAULT. In the event that a party does not perform in accordance with the terms and conditions of this agreement then the .other party shall have any recourse under the law to enforce this contract. 10. ATTORNEY FEES. In the event of default by either of the parties in their performance of the terms or conditions of this agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the non-defaulting party and in the event of suit the prevailing parry shall be entitled to its reasonable attorney fees and costs. 11. CONDITION OF PROPERTY AT CLOSING/MAINTENANCE AFTER CLOSING. The parties shall maintain their respective properties until the closing in their present condition, ordinary wear and tear excepted. After Closing, each party shall be responsible for maintenance of the parcels that they receive under this Agreement. 12. REPRESENTATIONS AND WARRANTIES. Each party represents and warrants to the other regarding their respective properties: A. The party has received no notice from any governmental agency that the properties are in violation of any statute, law, ordinance, rule, regulation, or deed restriction affecting the Properties. B. The parties have good, marketable title to their respective parcels. At the time the deeds are placed into escrow, no other party shall have any right, title, or interest in the subject property. REAL ESTATE EXCHANGE AGREEMENT - 5 - (~ f~ C. There is no pending or threatened litigation or condemnation proceedings affecting the Properties and there are no governmental assessments or local improvement district assessments on the Properties nor are there any agreements to convey any portion ofthe Properties to any other party. D. Each party has disclosed to the other party the presence of all hazardous substances or storage tanks that the disclosing party is aware of on their respective properties. "Hazardous Substances" means any hazardous, dangerous or toxic substance (including petroleum products) as defined under federal, state and/or local law, including all regulations promulgated under such laws. 13. ENTIRE AGREEMENT. This Agreement, including any addendum or exhibits, constitutes the entire Agreement between the parties, and no warranties, including any warranty of habitability, agreements or representations have been made or shall be binding upon either party unless herein set forth. 14. TIME IS OF THE ESSENCE IN THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. THE PARTIES EACH REPRESENT THAT THEY HAVE HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL REGARDING THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE INSTRUMENTS REFERRED TO HEREIN. 15. SURVIVAL OF TERMS. All the terms and conditions hereof and all instruments referred to herein and contemplated hereby shall survive closing and the transfer of title and shall remain in full force and effect in accordance with their terms. 16. CONSTRUCTION OF TERMS. All times provided for in this Agreement or any instrument referred to herein will be strictly construed, it being agreed that time is of the essence of REAL ESTATE EXCHANGE AGREEMENT - 6 - ~ ~• this Agreement. Whenever the context requires, the singular includes the plural and vice versa, and each gender includes each other gender, or the neuter, as the case may be. 17. BINDING ON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 18. IDAHO LAW. This Agreement shall be construed and governed in accordance with the laws of the State of Idaho. 19. HEADINGS. Headings preceding the text of the several Articles and Sections hereof, and the table of contents, are solely for convenience or reference and shall not constitute a part of this Agreement or affect its meaning, construction or effect. 20. EXECUTION IN COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. REAL ESTATE EXCHANGE AGREEMENT - 7 - 1~ ~ (~~ IN WITNESS WHEREOF, the parties have executed and attested this Agreement as of the date and year first above written. KAREN BUICH ~t ~cc~-~ THE CITY OF MERIDIAN ~~~ Tammy rd, MAYOR ~, ATTEST: ~~ ,~~` '~ ~ m~~ _ i c CITY CLERK %„~ ° ~ ~~~ y$-~ , ~° ~, ,,~ ~ ~,< REAL ESTATE EXCHANGE AGREEA'IENT - 8 - r~~ STATE OF IDAHO ,~ ss. County of Ada ) On thi day of ~ in the year~~~ , before me, a notary public in and for said state, personally appeared Dave Bui h, known or identified to me to be the person who executed the said instrument, and acknowledged to me that he/she executed the same. ®hwsaen~Aa IN WITN~E~F,.~I have hereunto set my hand and affixed my official seal the day and year first above writq~ ~®~~m~ ~ `>, °°® °~ ~-~~ . y is®Taq,~~ ~ ~ 9 e ~ ~~ ~ ~ TARY P LIC FOR IDAHO (SEAL) i ~ ~'tjB ~t~ ~ °altesiding at: D!~ I o °~ ~' ~• °° My Commission expires: 0 Pl/~ STATE OF IDAHO 1®®®•••~~ ~F. I®~~o®~'~~ ss. County of Ada ) On this day of in the yea~'C~~ ,before me, a notary public in and for said state, personally appeared Karen Bui h, known or identified to me to be the person who executed the said instrument, and acknowledged to me that he/she executed the same. _®a~,~~~~~~s~na.,,.. IN WI ~RTQF';9I have hereunto set my hand and affixed my official seal the day °~ and year first above ° ~••~ ~'~&®9 r ~, b ° ~®~'~'~J° $ _ _ (SEAL) ®~ ~g ~ ~ B LAC ~ ~ OTARY P LIC FOR IDAHO ~•~d ~, ~ ,~ a Residing at: dyt I o `~•~'~'„~ q~~ e~tl® o~_ a~. My Commission expires: 0 Q ®bt4rd®6lNgbU~O STATE OF IDAHO ) ss. County of Ada ) On this ~~day of ~ 200 before me, a no tary public in and for said state, personally appeared Tammy de Weerd and Will Berg known to me to be the Mayor and City Clerk of Meridian City, Idaho, who executed the within instrument, and acknowledged to me that Meridian City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written- (SEAL) REAL ESTATE Notary Public for Idaho Residing at Meridian, Idaho My commission expires: ~ ®~ s-~ ~ ~ - 9 - ~~ ~~ EXHIBIT "A" PUBLIC PARKING LOT EASEMENT THIS PUBLIC PARKING LOT EASEMENT (the "Easement"), is made and entered into this~I day of ~~ , 2006, by and between Dave and Karen Buich, husband and wife, hereinafter referred to "Buich" or "Grantor" and THE CITY OF MERIDIAN, an Idaho Municipal Corporation, hereinafter referred to as "City" or "Grantee." WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Recitals. 1.1 Grantor owns the real property located in Ada County, Idaho more particularly described as Lot 20 of the Amended Plat of Block No. 1 of the townsite of Meridian located in the SW '/a of Section 7, T3N, R1E, Ada County, Idaho (referred to herein as "Lot 20"). Lot 20 is currently developed and used as the easterly portion of a public parking lot located at 55 E. Broadway Avenue, Meridian. 1.2 City operates a public parking lot on Lots ZO and 21, open for the use of the general public. Pursuant to the terms of a Public Right of Way easement (Ada County Instrument Number 106083740) the public parking lot also acts as a traffic circulation link between the terminus of an adjacent alley to the south of the parking lot and Broadway Avenue to the north. 1.3 As a condition of approving a real property exchange agreement between City and BUICH, City desires to obtain an easement from BUICH over and across Lot 20 so that Lot 20 will remain open to the public for parking lot and circulation purposes until such time as either adjacent property develops. SECTION 2. Grant and Authorized Use• Non-exclusive Easement• Relocation. 2.1 Grantor hereby grants to CITY a perpetual easement in gross upon, over across and through Lot 20 for pedestrian and vehicular ingress, egress, and vehicle parking for the benefit of the general public. 2.2 The easement on Lot 20 is intended to be used in conjunction with the balance of the parking lot on Lot 21, owned by City. 2.3 Walls, buildings, curbs or other temporary or permanent structures will not be constructed on Lot 20 that would in any material way restrict or limit the easement granted herein for the purposes set forth herein. Parking Lot Easement, page 1 (~ SECTION 3. Improvements• Repair and Maintenance ~~~ 3.1 CITY acknowledges that the improvements on the Servient are sufficient for the purposes of this easement and that no additional construction shall be required by Grantor as a condition of this Easement. 3.2 City agrees to maintain and repair the improvements at its sole cost and expense. SECTION 4. Indemnification. Subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act, CITY shall indemnify and hold harmless Grantor from and against all claims, actions or judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by Grantor in defense thereof) for damages, injury or death caused by or arising out of the public's use of the Lot 20 for the purposes set forth in this Easement. Grantor shall indemnify and hold harmless CITY from and against all claims, actions or judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by Grantor in defense thereof) for damages, injury or death caused by or arising out of the public or private use of Grantor's adjacent real properly. SECTION 5. Attorneys Fees and Costs In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 6. Term• Extinguishment The term of this Easement is perpetual, unless amended or terminated by mutual agreement of the parties. However, this Easement shall automatically terminate in the event that either adjacent property develops (triggered upon the approval of a building permit) because the current configuration of the public parking lot will no longer be required and the essential purpose of this Easement shall no longer exist. The "adjacent properties" referred to in this section of this agreement are commonly known as the Buich parcel at the northeast corner of Main Street and Broadway, and the City Hall site on the Creamery parcel to the west of Lot 22. SECTION 7. Covenants Run with the Land . Throughout the term of this Easement, it shall be a burden upon Lot 20 and shall for the benefit of the general public, and shall run with the land. Parking Lot Easement, page 2 SECTION 8. Notices. All notices given pursuant to this Easement shall be in writing and shall be given by personal delivery, by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, addressed to the appropriate party at the address set forth below. Grantor: Dave and Karen Buich 82 East State Street, Suite "B" Eagle, ID 83616 CITY: City of Meridian, Attention City Clerk 22 East Idaho Avenue Meridian, Idaho 83642 SECTION 9. Recordation. This Easement shall be recorded in the Official Real Property Records of Ada County, Idaho. Grantor covenants to CITY that the general public shall enjoy the quiet and peaceful possession of the Lot 20 for the purposes granted herein; and, (b) Grantor warrants to the CITY that Grantor is lawfully seized and possessed of the Lot 20 and has the right and authority to grant this Easement to CITY, or that such right and authority shall exist at the time this Easement is recorded in the Official Real Properly Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. [END OF TEXT) Parking Lot Easement, page 3 ~~ ~ ~~ ~~ Grantee CITY OF MERIDIAN \\\\\„~, 4~ 4 4 ~ u ~,,,, ~ \\~,~~~ .~`~ C~' ~ ~~ ~ ~..~:~~ ~ ~~' tt~ 4`\O\ s \~\ 'y,'~~`'f 9~/1 i t i 911 11114 j 4 \\ rd, Mayor ~ C,d~j ~n~..~ City Clerk ~-2'~~' Parking Lot Easement, page 4 KAREN BUICH (~ State of Idaho ) County of Ada) ss. On this ~ day of /,jS~ in the year 20(j~, before me, Notary Public in and for the State of Idaho, per ovally appeared Dave Buich known or identified to me to be the person who executed this instrument and acknowledged to me that he executed the same. IN W] day and year i ~. ~~® ~~ ~ ~o`•~o~ CyF~ ~~ ~°~`~ State of Idaho ) County of Ada) ss. ~F, I have hereunto set my hand and affixed my official seal the rst above written. d, s~ '°a s /' s /Wl s ~ No Public f the State of Idaho ~~: Residing at OK ,Idaho ,i My Commission expires U 0 O this ~ / day of ~ /~$~ in the year ZOQp before me, a Notary Public in and for the State of Idaho, personally appeared Karen Buich known or identified to me to be the person who executed this 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 certificate first above written. ,'~ e~e~~~RAb ~,,~~~'° .+'®~!° ~~' ', No Public the State of Idaho ~' ~®T~~~ ~ '~ Residing at O/l ,Idaho . t .•..~ My Commission a pines /0 U Q ~- '~+~d! ., ~~H ~.1~ ~~ Parking Lot Easement, page 5 c~ ~~ State of Idaho ) County of Ada) ss. On this ~ ~~' day of (,(.~ ~ in the year 2006, before me, ~ ~ +'YL~ ~ a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William Berg, know or identified to me to be the Mayor and City Clerk of the City of Meridian, Idaho, the persons who respectively executed and attested this instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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. 0 Notary Public for the State of Idaho Residing at "~'YZ,~. L~~ , ,Idaho My Commission expires /Q~-/~ (/ Parking Lot Easement, page 6 ~~ ~• .~~x .,~F~*~ -r ~ ,, ~. ~~. ~~f FirstAmerican rt/e Company ofldaho National Commercial Services 7311 Potomac Drive, ,Boise, Idaho 83704 ESCROW INSTRUC'PIONS To: First American Title Company of Idaho, Inc. File No.: NCS-247981-BOI (rmr) National Commercial Services Escrow Officer: Ruth M. Rubel Re: 0000 Broadway Avenue, Meridian, ID 83642 Date: August 07, 2006 I hereby agree to purchase the hereinafter described properly located at 0000 Broadway Avenue, Meridian, ID 83642, for a total consideration of $90,000.00, and will on or before August 10, 2006 hand you said consideration which is payable as follows: Earnest Money Deposit $ 0.00 New Loan to file $ 0.00 Balance in cash at closing (closing costs are additional) I will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for me: executed Warranty Deed in favor of the undersigned and sufficient funds to close the subject transaction and when you can issue your Extended coverage form policy of title insurance with liability of $90,000.00, on the property described as follows: Lot 22 in Block 1 of the Townsite of Meridian, according to the Amended plat thereof, filed in Book 2 of Plats at Page 61, Records of Ada County, Idaho. A.P.N. a portion of R-5672-00-0006 SHOWING TITLE VESTED IN: City of Meridian, a municipal corporation FREE OF ENCUMBRANCES EXCEPT: 1. Exceptions numbered 7-15, inclusive, as shown in the title commitment dated July 20, 2006, issued in connection with this escrow, a copy of which has been reviewed. 2. Other: N/A OTHER INSTRUCTIONS: All conditions of the Commercial/Investment Real Estate Purchase-Sale-Exchange Agreement, dated August 3, 2006 and any Addendum's thereto have been satisfied and met. PRORATE AND/OR ADJUST THE FOLLOWING AS OF August 10, 2006 Page 1 of 4 r "~i ~~ First American Title Company of Idaho, Inc. National File No.: NCS-247981-BOI (rmr) Commercial Services Date: 08/02/2006 1. Taxes based on the amount of the last tax statement of the Tax collector issued prior to close of escrow. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow.) Seller to forward to Buyer any present or future tax bills on property herein. Buyer and seller agree and instruct First American Title that the estimated 2006 tax bill shall be calculated as follows: 2006 estimated tax bill for APN 85672000006 in the amount of $10,934.17 divided by 2.06 acres equals $5,307.85 per acre; multiplied by 0.10 acres equals estimated 2006 estimate of Lot 22 only as $530.78 per year. Because City of Meridian is a tax exempt entity the prorated amount through the date of closing will be paid to Ada County Treasurer directly, rather than credited to the City of Meridian to be paid when the annual tax bill is due. 2. Interest on any existing trust deeds, improvements, assessments and/or bonds taken over by Buyer. 3. Rental or Lease, per rent or lease statement handed you. 4. Charge the Buyer and credit the Seller the amount of any funds held in an impound account, if any, in connection with an existing loan. I hereby agree to pay any charges including usual Buyer escrow fees and any advance and expenses that are properly chargeable to me regardless of the consummation of this escrow. At the close of escrow, you are to deliver all documents, etc., to the persons entitled thereto. Then you are instructed to disburse deposited funds pursuant to the Escrow Settlement Statement examined and approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be disbursed by your check payable to the respecfive parties, and your checks and documents may be mailed to the addresses set forth in these instructions. When all documents have been signed and you have received all necessary funds, you are authorized to record the necessary documents, disburse funds collected in accordance with these instructions, and have the title insurance policy issued. Adjustments may be made on interest, unusual recording fees, and approved payment of bills and rents received after the signing of these instructions. You are authorized to pay any additional interest due on loan payoffs to lender after closing. * Buyer and Seller acknowledge and instruct First American Title Company that irrigation assessments reflect estimated charges for the 2006 tax roll and further that Nampa Meridian Irrigation reflected no charge for the Project O&M. As such, there shall be no proration for the Project O&M and any charges assessed after close of escrow will be addressed by parties outside of escrow. GENERAL PROVISIONS All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of Idaho and may be transferred to any other general escrow account or accounts. Upon specific instructions from all parties to this escrow, you may hold funds as otherwise instructed herein. The expression 'close of escrow' means that date on which instruments referred to herein are filed for record and funds disbursed, unless otherwise indicated in these instructions. Page 2 of 4 ~ ~ ~7 First American Title Company of Idaho, Inc. National File No.: NCS-247981-BOI (rmr) Commercial Services Date: 08/02/2006 You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attomey or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or properly deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parses hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver to escrow agent a written notice to the other party and escrow agent shall hereupon become cancelled. When the written notice is delivered to escrow agent by the party so electing to cancel escrow agent shall within flue days thereafter send a copy of said notice to the other party in the manner proved by law and the usual practices of this escrow agent. In the event said other party shall fail within said ten day period to comply with all of the terms hereof, .these instructions shall become cancelled and escrow agent is thereupon authorized: (a) first, to pay to the party electing to cancel any money deposited hereunder by said other party, after deducting any charges; (b) second, to pay to the party electing to cancel, any money deposited by said party, after deducting any charges remaining unpaid; and (c) third, to return all documents deposited hereunder to the party who delivered the same except documents executed by more than one party, which shall be marked 'cancelled' and retain in the files of escrow agent. Both Seller and Buyer acknowledge by their signatures hereon the following: We/I have been spedfically informed that First American Title Company (hereinafter designated as First American) is not licensed to practice law and no legal advice has been offered by First American or any of its employees. We/I have been further informed that First American is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature of the instruments utilized and that it has not done so. We/I have not been referred by Frst American to any named attomey or attorneys or discouraged from seeking advice of any attomey, but have been requested to seek legal counsel of our/my own choosing at our/my own expense if we/I have doubt concerning any aspect of this transaction. I further declare all instruments to which I am a part, if prepared by First American, have been prepared under the direction of my attomey or myself and particularly declared that copying legal descriptions from title reports onto forms of deeds, etc., or reforming of legal descriptions or agreements is, or will be solely at my direction or request. I have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer identification numbers in tax returns to a residential real estate transaction involving seller-provided finanang. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and that First American Title Company of Idaho, Inc., is not rendering an opinion concerning the effect of this law on this transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. Page 3 of 4 ~~ First American Titie Company of Idaho, Inc. National Commercial Services ~~ File No.: NCS-247981-BOI (rmr) Date:08/OZ/2006 To facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Company of Idaho, Inc., to release any party(ies) taxpayer identification number to any requesting party who is a party to this transaction. The requesting part shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Company of Idaho, Inc., harmless against any fees, costs, or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers. PENALTIES Penalties for failure to comply will most likely be assessed against the individual taxpayers for failure to provide the information. Any amendments of and/or supplements to any instructions must be in writing. If any Earnest Money Agreements, Receipt and Agreements to Purchase or the like are attached to these instructions and one or more terms of said agreements conflict with or vary from these instructions, these instrucfions shall nevertheless control. The Seller agrees to sell and the Buyer agrees to buy the property herein described upon the terms hereof. BUYER(S): City of Meridian, a municipal corporation By: Tammy a erd, Mayor +'PP;991 aV11Y1;~~ a I/We approve of the foregoing instructions, agree to be bound thereof, and agree to sell and will deliver to you papers, instructions and/or funds required from me within the time limits specified herein, which you are authorized to deliver when you can issue your policy of title insurance as set forth above. You are instructed to use the money and record the instruments to comply with said escrow instructions and to pay all encumbrances of record necessary, without further approval including prepayment penalties to show title as herein provided. I agree to pay your usual sellers escrow fee, drawing of documents and such other charges which are advanced for my account regardless of the consummation of this escrow. I also agree to pay the policy of title insurance premium and recording fees which are properly chargeable to me. At the close of escrow, you are to mail any documents and your check or checks payable to: SELLER(S): David Buich ~ T~~ - ~`~a ~ ~ __ ~~~ Karen Buich Page 4 of 4 `„¢t AalBq~s' .,. FirstAmerican Title Company ofldaho, Inc. National Commercial Services L~ 7311 Potomac Drive • Boise, ID 83704 Buyer's Estimated SettlementStatement Property: 0000 Broadway Avenue, Meridian, ID 83642 File No: NCS-247981-BOI Lot: 22 Officer: Ruth M. RubeUrmr New Loan No: Settlement Date: 08/10/2006 Disbursement Date: 08/10/2006 Buyer: City of Meridian Print Date: 8/7/2006, 12:03 PM Address: 33 East Idaho Avenue, Meridian, ID 83642 Seller: David Buich, Karen Buich Address: 3100 N. Glen Stuart Lane Eagle, ID 83616 Char a Desc tion Consideration: B er Char e B " er Credit Total Consideration 90 OOO.QO Ad ustments• • Lot 20 Exchan e Value 90 000.00 Proratious• Est. Tex Ro112006 to Nam a Meridian Irri . Ol/01/06 to 08/10/06 114.99/ 69.62 Title/Escrow Char es to: Closin -Escrow Fee -First American Title Com an of Idaho Inc. National Commercial Services Policy-Extended ALTA 1992 Owner's -First American Title Company of Idaho, Inc. National Commercial Services 250.00 285.00 Record Warranty Deed -First American Title Company of Idaho, Ino. National Commercial Services q 00 Record Public Parking Lot Easement -First American Title Company of Idaho, Inc. National Commercial Services 21.00 Cash (X From) ( To) Borrower 495.38 Totals 90,565.00 90,565.00 Notice - Thia Estimated Settlement Statement ie subject to changes, corrections or additions at the time of final computation of the Settlement Statement. BUYER(S7: \\'`~t~t~ttt~ a t,r;~~ City of Meridian, a municipal corporation ~~~~~ ~{ ~ 1~1. ~~i ~ ['~ ~ By: Tammy de erd, Mayor ~. ~ _ - ~ ~ - l~~ V ~P~ ~~ p t~ • `~ ~j~r~ ~~ G1- ~ ~ ,~ ~ ~, ~,, ~, i Page 1 of 1 c ~ ~~ ~ .p, ~~ ~ ~~~ FirstAmerican Tit/e Company oflda/io National Commercial Services 7311 Potomac Drive, ,Boise, Idaho 83704 ESCROW INSTRUCTIONS To: First American Title Company of Idaho, Inc. File No.: NCS-247971-BOI (rmr) National Commercial Services Escrow Officer: Ruth M. Rubel Re: 0000 E. Broadway Avenue, Meridian, ID 83642 Date: August 07, 2006 I hereby agree to purchase the hereinafter described property located at 0000 E. Broadway Avenue, Meridian, ID 83642, for a total consideration of $90,000.00, and will on or before August 10, 2006 hand you said consideration which is payable as follows: Earnest Money Deposit $ 0.00 New Loan to file $ 0.00 Balance in cash at closing (closing costs are additonal) I will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for me: executed Corporate Warranty-Deed in favor of the undersigned; Public Parking Lot Easement Agreement; and sufficient funds to close the subject transaction and when you can issue your standard coverage form policy of title insurance with liability of $90,000.00, on the property described as follows: Lot 20 in Block 1 of AMENDED PLAT OF TOWNSITE OF MERIDIAN, according to the plat thereof, filed in Book 2 of Plats at Page 61, records of Ada County, Idaho. A.P.N. R-5672-00-0140 (affects additional property) SHOWING TITLE VESTED IN: David Buich and Karen Buich, husband and wife FREE OF ENCUMBRANCES EXCEPT: 1. Exceptions numbered 1-15, inclusive, as shown in the title commitment dated July 20, 2006, issued in connection with this escrow, a copy of which has been reviewed. 2. Other: Public Parking Lot Easement Agreement OTHER INSTRUCTIONS: All conditions of the Commercial/Investment Real Estate Purchase-Sale-Exchange Agreement, dated August 3, 2006 and any Addendum's thereto have been satisfied and met PRORATE AND/OR ADJUST THE FOLLOWING AS OF August 10, 2006 Page 1 of 4 ~~ ~~~ First American Title Company of Idaho, Inc. National File No.: NCS-247971-BOI (rmr) Commercial Services Date: 08/02/2006 1. Taxes based on the amount of the last tax statement of the Tax collector issued prior to close of escrow. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow.) Seller to forward to Buyer any present or future tax bills on property herein. 2. Interest on any existing trust deeds, improvements, assessments and/or bonds taken over by Buyer. 3. Rental or Lease, per rent or lease statement handed you. 4. Charge the Buyer and credit the Seller the amount of any funds held in an impound account, if any, in connection with an existing loan. I hereby agree to pay any charges including usual Buyer escrow fees and any advance and expenses that are properly chargeable to me regardless of the consummation of this escrow. At the close of escrow, you are to deliver all documents, etc., to the persons entitled thereto. Then you are instructed to disburse deposited funds pursuant to the Escrow Settlement Statement examined and approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be disbursed by your check payable to the respective parties, and your checks and documents may be mailed to the addresses set forth in these instrucctions. When all documents have been signed and you have received all necessary funds, you are authorized to record the necessary documents, disburse funds collected in accordance with these instructions, and have the title insurance policy issued. Adjustments may be made on interest, unusual recording fees, and approved payment of bills and rents received after the signing of these instrucctions. You are authorized to pay any additional interest due on loan payoffs to lender after closing. Buyer and seller agree and instruct First American Title Company that, because the City of Meridian is exempt from paying any assessments for Real Properly Taxes and City of Meridian Assessments, there shall be no prorations of any items other than Nampa Meridian Irrigation. GENERAL PROVISIONS All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of Idaho and may be transferred to any other general escrow account or accounts. Upon specific instructions from all parties to this escrow, you may hold funds as otherwise instructed herein. The expression 'close of escrow' means that date on which instruments referred to herein are filed for record and funds disbursed, unless otherwise indicated in these instructions. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parries hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. Page 2 of 4 ~~ (~~ First American Title Company of Idaho, Inc. National File No.: NCS-247971-BOI (rmr) Commercial Services Date: 08/02/2006 If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver to escrow agent a written notice to the other party and escrow agent shall hereupon become cancelled. When the written notice is delivered to escrow agent by the party so electing to cancel escrow agent shall within five days thereafter send a copy of said notice to the other party in the manner proved by law and the usual practices of this escrow agent. In the event said other party shall fail within said ten day period to comply with all of the terms hereof, these instructions shall become cancelled and escrow agent is thereupon authorized: (a) first, to pay to the party electing to cancel any money deposited hereunder by said other party, after deducting any charges; (b) second, to pay to the party electing to cancel, any money deposited by said party, after deducting any charges remaining unpaid; and (c) third, to return all documents deposited hereunder to the party who delivered the same except documents executed by more than one party, which shall be marked 'cancelled' and retain in the files of escrow agent. Both Seller and Buyer acknowledge by their signatures hereon the following: We/I have been speafically informed that First American Title Company (hereinafter designated as First American) is not licensed to practice law and no legal advice has been offered by First American or any of its employees. We/I have been further informed that First American is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature of the instruments utilized and that it has not done so. We/I have not been refened by First American to any named attorney or attorneys or discouraged from seeking advice of any attorney, but have been requested to seek legal counsel of our/my own choosing at our/my own expense if we/I have doubt concerning any aspect of this transaction. I further declare all instruments to which I am a part, if prepared by First American, have been prepared under the direction of my attorney or myself and particularly declared that copying legal descriptions from title reports onto forms of deeds, etc., or reforming of legal descriptions or agreements is, or will be solely at my direction or request. - I have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer identification numbers in tax returns to a residential real estate transaction involving seller-provided finandng. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and that First American Title Company of Idaho, Inc., is not rendering an opinion concerning the effect of this law on this transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Company of Idaho, Inc., to release any party(ies) taxpayer identification number to any requesting party who is a party to this transaction. The requesting part shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Company of Idaho, Inc., harmless against any fees, costs, or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers. PENALTIES Penalties for failure to comply will most likely be assessed against the individual taxpayers for failure to provide the information. Page 3 of 4 ~~ First American Title Company of Idaho, Inc. National Commercial Services ~~ File No.: NCS-247971-BOI (rmr) Date: 08/02/2006 Any amendments of and/or supplements to any instructions must be in writing. If any Earnest Money Agreements, Receipt and Agreements to Purchase or the like are attached to these instructions and one or more terms of said agreements conflict with or vary from these instructions, these instructions shall nevertheless control. The Seller agrees to sell and the Buyer agrees to buy the property herein described upon the terms hereof. BUYER(S): David Buich Karen Buich I/We approve of the foregoing instructions, agree to be bound thereof, and agree to sell and will deliver to you papers, instructions and/or funds required from me within the time limits specified herein, which you are authorized to deliver when you can issue your policy of title insurance as set forth above. You are instructed to use the money and record the instruments to comply with said escrow instructions and to pay all encumbrances of record necessary, without further approval including prepayment penalties to show title as herein provided. I agree to pay your usual sellers escrow fee, drawing of documents and such other charges which are advanced for my account regardless of the consummation of this escrow. I also agree to pay the policy of title insurance premium and recording fees which are properly chargeable to me. At the close of escrow, you are to mail any documents and your check or checks payable to: SELLER(S): City of Meridian, a municipal corporation ~~~.c ~ .: ,; ~, ~~ ~- ~~ r ,- ~~° -. 0 8~ _ ~ ,, ~= Page 4 of 4 ~~ AFTER RECORDING MAIL T0: David Buich and Karen Buich 3100 N. Glen Stuart Lane Eagle, ID 83616 CORPORATE WARRANTY DEED File No.: NCS-247971-BOI (rmr) ~~ Date: August 02, 2006 For Value Received, City of Meridian, a municipal corporation, a corporation duly organized and existing under the laws of the State of Idaho, Grantor, does hereby grant, bargain, sell and convey unto David Buich and Karen Buich, husband and wife, Grantee, whose address is 3100 N. Glen Stuart Lane, Eagle, ID 83616, the following described real estate, to wit: Lot 20 in Block 1 of AMENDED PLAT OF TOWNSITE OF MERIDIAN, according to the plat thereof, filed in Book 2 of Plats at Page 61, records of Ada County, Idaho. APN: Portion of R-5672-00-0140 SUBJECT TO current years taxes, irrigation district assessments, public utility easements, subdivision and U.S. patent reservations. TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, and that Grantor will warrant and defend the same from all claims whatsoever. IN WITNESS WHEREOF, the Grantor, pursuant to a resolufion of its Board of Directors has caused its corporate name to be hereunto subscribed by its i/I Bf~` this day of ~t.iaocd~ 20 !~6 '\\\~~~~}}}~}t ra rr 99fJf~~f~`Jp City of Meridian, a municipal corporation \~~,~ ~~ C~ %ff ~e ~,~ Bs" <` e &~~ _ By: Tammy d e d, Mayor = ~ , ~i ~ <~~ ~~: PageyA~ +~ ~ '~~flIf3991 I~il}'~~~t~•• 4f APN: STATE OF Idaho ) ss. COUNTY OF Ada 1 (~ Warranty Deed Flle No.: NCS-247971-BOI (rmr) - conttnued Date: 08/02/2006 On this ~`~'~ day of August, 2006, before me, a Notary Public in and for said State, personally appeared Tammy de Weerd, known or identified to me to be the Mayor of the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~l~ ~~~~ Notary Public for the State of Idaho Residing at: ~~ ~~R,, ID My Commission Expires: /Q ~S=/( Page 2 of 2 >r ~ ~~ FirstAmetican Title Company ofldaho, Inc. .~ National Commercial Services ~ _ ~.L~ 7311 Potomac Drive • Boise, ID 83704 Seller's Estimated Settlement Statement Property: 0000 E. Broadway Avenue, Meridian, ID 83642 Lot: 20 Buyer: David Buich, Karen Buich Address: 3100 N. Glen Stuart Lane, Eagle, ID 83616 Seller: City of Meridian Address: 33 East Idaho Avenue, Meridian. ID 83642 File No: NCS-247971-BOI Officer: Ruth M. Rubel/rmr New Loaa No: Settlement Date: 08/10/2006 Disbursement Date: 08/10/2006 Print Date: 8/7/2006, 12:12 PM Char a Descri tion CousideraHon: Seller. Char a Seller Credit Total Consideration 90 000.00 Ad ustments: Lot 22 Exchan a Vatue 90000.00 Proratioas• Tax Roll 2006 to NM Irri 'on 848-1-20 01/01/06 to 08/10/06 24.67 14.94 Title/Escrow Char es to: Clasin -Escrow Fee -First American Title Com an of Idaho Inc. National Commercial Services Policy-Standard ALTA 1992 Owner's -First American Title Company of Idaho, Inc. National Commercial Services 250.00 570.00 Cash ( To) (X From) Seller 834.94 _ Totals 90,834.94 90,834.94 Notice -This Estimated Settlement Statement is subject to changes, corrections or additions at the time of final computation of the Settlement Statement. SELLER(5): City of Meric3is~a,r~municipal corporation By: Tammy de ee ayor ,~ ~ ~ ' ': ~~. O =_ ~~ _ ~O ~ g s .. ~'~``/ft~/dl6BiPt tt1151\ti~~,y`\,l, Psge 1 of 1 GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT August 1, 2006 City of Meridian City Attorney 703 Main Street Meridian, Idaho 83642 ATTN: Ted W. Baird, Deputy City Attorney Dear Ted, AUK ~ 1 200~s City Of li3eriaian City Clerk Office Enclosed are two signed and notarized originals of the Construction Management Agreement for the City Hall Project. As discussed with you it is our understanding that Section 10.2.1(1) shall be the subject of a Change Order. To wit, the three year renewal requirement for the Errors and Omissions Liability Insurance shall be changed to a renewal requirement of two years so as to correspond to the statute of limitations for the professional services being rendered. Respectfully yours, Pat Kershisnik 9056 W. BLACKEAGLE DR. ~ BOI'SE, ID 83709 ~ PHONE: (208) 323-4500 FAX: (208) 323-4507 WWW.PETRAINC.NET RCE-1875 August 4, 2~6 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST • August 8, 2(~6 ITEM NO. Z6 Approve 2007 Fecal Yecir Tentative Budget AGENCY COMMENTS CITY CLERK: See arttached 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: MateriQla presented at pubpc meeting shop become property of the Cfly of Mertdtan. .~ m 9 a W Q V ti O O O N a m ~ W ~. ~"' dr ~ ~ .~ F N '~ a N Cal V 00'1 O ~ CD ~ V C9 E9 EA H! CO SIT O m N t? O O I~ r O 1H O O A r CD d! 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R T P N ~ lh N POl V W V ~ O 1n O O 1C1 A O N pp 0 O N O N f0 eD O 0 O O O O 0 0 O A (fl ~ a O O O O O O O O A O A to a0 O O O A N H tCl ~O ~p p1 f tM0 C00 N 100 l'7 N ~ } 1+! ~~ O ~ ^ P M N m~ ~ p O N P N n N C'7 1D 10 w W N 1p A O O O O O ~ e ~? ~ v_ W A ~ o ~ ~ O N 0 0 0 O O O N P o O 0 a ~~ 0 N 1+ 1 O W tf ~ C pAp ~ N OI pO 1y7 IIVV + pO {y 'R N pO N O O e~~ N eO0 pip} ~ N O 0p1 t0 a- A 1 ! ~tf V N 1~ N tD N V A m y 10+1 ~ 1ff A" CD 1 ~ off e- O oOp {7 ya m t9 - O N N a0 N Di N ~ O (+j m ~ A H N DS C ~ a p pj~ A Z r CD 1q r m `~ r N ~ N ~tl V ~ N 117 17 P t 0 V 1+1 O a O w Z aa tNq ~ 'Q a ~ O 1p 1~ Qp v CD ~ 1A O O LL O COO ~ 10f1 N Q~ N Cp p1 N (t) ~ ~ ~ ~ U ~ n _ ~l1 O M m N ~ N ~ M ~ ~ to pCAp M aD 17 M M ~ 1p A a- 7 M 7_ O r ~ 0 (O N 'V' CO ( O CD W LL O ~ W ~ v W o ~ O N O .- N m o a rnm ~ ~' ~ o~ N o CO ~ a , r i A O OO p p ppCC ~ ~ O f0 CD C ~ ~ ~ N ~1Opp C CO ~ ~ ~ pM~ ~ M lh N N ~ ~ ca~O ~ ~ v P V~ IL l0 `~ G Z LL .- P .-~ c ~ GG ti d E a ~ m a ~~ W L' ~ C L O Z a I F O rz W E~ m cv~ O ~ O E E cm3 ~ z w LL e' o p w ~ ~LL~" ~ N° ~ a~U S,i w to m O O ~ m c W J W y 3 K c ~ ? W ~~ ~~ ~ O C c p ~ m ~ y ~ a W Q m vW ~a dda ' d ~ ~ ~~ gp ~ ~a~m3~ D f- W ~ O Ll U V a V W a O to C1d~~ m rn m 7 Q Q O N C\7 i • GENERAL FUND Council FY2007 Budget Summary °""~"~ Revenues Reserved Fund CapitalFurM FY2008 General Fund Revenues: 15,447,063 1,264,400 FY2007 Proposed Revenues Genera( Fund S 16,zs9,733 S 2,os5 00o s eo,ooo marl( 5.0% Department PERSONNEL OPERATING FTE's TOTAL Adman 932,572 429,008 220 1,381,580 7888 Police 6,045,581 1,484,262 83.0 7,528,843 Flre 4,550,343 503,915 48.5 5,054,258 Parks 762,819 492,940 125 1,255,759 25pp merit Increase 378,294 378,294 TOTAL BUDGET BASE 12,869,609 2,910,125 166.0 S 15 579 734 less GENERAL FUND Available Balance S 2,719,999 Capital Replacements: § 335.410.00 2,384,569 Enhancements: PERSONNEL OPERATING 1 flme Oos CAPITAL II mT Flnam 1 Aecountaid HR 1 AapheOn Retallrer R 1 Disaster Recovery R 2 Network Speclallst R 3 Help Doak Technician R 4 Database Applieaflon Develp IT 5 EthenretFag-Over 5 112 Flnance,HR,R to Enterprise Clerk 1 Department Speclatist 25 % Clerk to P8Z 1 Mayor Meridians Promise Mayor profasslonat budget Connell profeaslonal budget 2 Mayor asalstaM 3 Mayor Youth Council 4 Mayor State of Cpy Address Hlatorleal Preservatlon Clly Hap PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD fire fire fire fire fire fire fire fire 1 Patrol Offlcere - 8(8approved) 2 Patrol Staff Sergeant 3 Evidence Tracking 4 Crime Scerre Investigator 5 Victim Witness Coord (2) 8 Records Clerks (2) 7 CID Sergeant 8 Animal Control (2) 8 Volunteer Coordinator 10 Code Enforcement Supervisor Coda Enforcement Supervisor 13 Community Services Copier 12 Training Equipment 13 Crash Reeonstreetlon Equip 14 Polygraph Equipment 15 Building Maintenance Teeh 16 K-9 Offleer 17 Narcofles Offleer 18 CSD Honor Guard 19 Animal Shelter E:pension ;~] 60,812 4,330 - 4,000 69,885 3,025 - WTHDRAWN 69,885 3,025 - WITHDRAWN (100,291) (7.100) 48,777 875 (12.194) (168) - 8,000 5,000 (5,000) 80.838 2,800 - 5,000 - 10,000 - WTHDRAWN - 1,450 51,223 1,850 123,742 (55,718) 88,853 3,080 - WITHDRAWN - WTHDRAWN 25,445 1,375 57,748 5,300 (57,748) (5,300) - 1,950 • WITHDRAWN - WITHDRAWN - WTHDRAWN 82,730 2,710 - WTHDRAWN - 3,500 900 72,000 1,900 1,900 (38,350) 1,850 (403) 120,000 2,800 2,800 8,200 1,300 - 8,000 - 7,000,000 AL addrlrevenue 87,742 72,000 124,000 n,eto 77,610 57,502 (12,828; 8,000 5,000 (s,ooo~ 84,838 5,000 10,000 &000 7,000,000 11,350 - 12,800 2,700 1,600 57,373 4,850 3,260 78,134 2,200 3,300 97,433 - - 26,820 2,550 1,800 67,198 (2,550) (1,600) (67,198; • - 1,950 2,800 2,800 13,150 13,150 6,235 20,025 II 111,700 - 140,000 143,500 3,000 10,000 7,000,000 140,000 2 Flre Inspector approved to reel - - ~ - 3Video Conferencing 2,400 - 5,800 8,300 1,411 4 Training Tower - Withdrewn (Rua - - 5 CAD Zone Software - - 8,500 8,500 1,445 8 SUF1 the dining room - - 8,000 - 6,000 1,020 7 Vansfer to FlreTruek Fund - - - 150,000 150,000 25,500 8 0 _ - _ 8/3/20068:43 AM GENSUMMARYorginal • PERSONNE ------••--•••-••-• L OPERATING 1 time Ops CAPITAL TOTAL addt'I revenue Parks i Recreation Program Expand 38,120 4,700 - - 42,820 25,000 - Parks 2 Park Land Purchase - - - 550,000 550,000 550,000 Parks 3 Active Net Software - 800 - 800 Parks 4 Messina Meadows Park 16,000 - 170,500 186,500 170,500 Parks 5 Heros Park - - 127,600 127,600 127,600 Parks 6 Maxlcom Irrigation System - 700 - 12,300 13,000 Parks 7 Settlers Park Maint Building - 500 - 59,000 59,500 59,000 Parks 8 Large Mower - 1,300 - 44,000 45,300 Parks 9 Adventure Island - 7,000 - 100,000 107,000 100,000 Parks 10 18 ft Tandem Azle Trailer - 4,200 - 4,200 Parks 11 Recreation Brochure Software - - 1,000 1,000 Parks 12 Picnic Shelter Seasons Park - 300 125,500 125,800 125,500 Parks 13 Ball Field Groomer - _ Parks 14 Settlers Village Square - - - 100,000 100,000 . 100,000 Parks 15 Park Maint Utility Vehicles - 250 - 6,000 6,250 . Parks 16 Settlers Park Plcnlc Shelter - 800 123,000 123,800 123,000 Parks 17 Downtown Tree Replacement - - 25,000 - 25,000 . Parks 18 Mcdermott/Cherry Ln Park - - 10,000 70,000 10,000 Parks 19 Soccer Goals - - 3,000 3,000 Parks 20 8th Street Bridge 8 Pathway - - - 72,600 72,600 Parks 21 Pathway Broom _ . Parks 22 Lighted Softball Fields - - 200,000 200,000 capital improvt 200,000 Parks 0 Cameras @ Chateau & Settlers - - 5,000 - 5,000 Parks Parks TOTALS ~ 38,120 31.550 39.00 1.7 0.500 1 ano 17n P5 n n 65 500 20 0 less TOTAL ENHANCEMENTS 1,101,929 51,913 177,753 9,278,285 S 10,608,880 63,155 1,385,800 7,340,000 TOTAL EXPENDRURES 13,771,537 2,872,038 177,753 9,613695 ZB 535 023 1,386,100 7,347,500 CARRYFORWARD from FY06 twd etFY08 ca to FY07 1 1 1 20 7 7 7 7 7 7 7 7 1 55 CARRYFORWARD TOTAL 8,877,588 6,229,760 8!3/20068:43 AM S IProed ACRD roads 1,283,819 gpl,g2p Gatewa art road 36.000 36,000 rkland purohase 100,000 100.000 Dru Seiwre funds 8,000 5852 park lend purchase 570,157 45p,p00 Adventure Island 242,444 240,000 ~~~ 209,846 61,483 Se01ere oath baseball 1,446,215 1,356,626 FOvrania ~~ 3.783 343,827 Hero's rk 674,769 380,848 Chem ion rk 185,058 156,870 Season's rk 370,897 88,834 Meridian's Promise dona0ons C Hagconstructlon 4,500,000 2,100,000 GENSUMMARYorginal RESERVED REVENUES - - --•---•--- 2,085,000 80,000 Increase or(deerease) Fund Balance I S 543,464 S 716,800 S (9,357,500) Development Service Fund and/or Special Service Fund Council FY2007 Budget Summary FY2006 Special Service Fund Revenues 4,380,793 FY2007 Proposed Revenues S 6,137,000 ao.1% 5.0 % Department PERSONNEL OPERATING 1z E7(PENSE: CAPRAL #ot FTE's #of Vehicles TOTAL 1910 P8Z 698,384 289,755 10.5 2 966,139 1920 Code Enforcement 148,513 13,675 3.0 3 162,388 1940 Building Dept 314,744 1,930,033 6.0 1 2,244,779 1930 Economic Development 100,301 - 100,301 1860 Street Llghtlng 203,000 203,000 merit Increase 46,099 48,091 1910 Clerk transfer from GF 2,926 93,498 96,424 1910 Legaltransferfrom GF 4,329 128,281 132,610 TOTAL BUDGET BASE 1,212,908 2,738,744 19.5 6 $ 3,951,732 SPECUU_ SVC FUND Available Balance $ 2,185 288 7252 Computer for Building 9/1/2001 1,800 1291 replace server 12/01/99 8,000 Capital Replacemenffi: 9,400 $ 9400 2,175,868 Enhaneemenffi: PERSONNEL 1 Principal City Planner 69,861 2 Medical District EconomicDevelopment 3 10 Mile Suburban Design Guidelines 4 10 Mlle Plan Market Analysis 5 Stall Training 8 East 3rd Street Exffinsion 7~Ortlrophotography Clerk 25 % Clerk to P8Z Police Valley Regional Transit Increase Consultant plan for districts Valley Initlathe for Pr~perity Annualized PC&OE 73,552 5,000 800 12,828 92,278 83,048 30,000 25,000 8,Qt46 38.850 30,950 1,686,992 249,176 PING 1 tlme exp 3,005 3,100 30,200 20,300 10,100 5,000 20,150 900 need to Increase base for digital mapping 12,929 Included 547001ncrease In base 30,000 25,000 2 Dept Specialist flnartce Irrcluded this position in the base PW PYy Transfer for GIS Progran 38,850 1 TOTAL 78,352 30,200 20,300 10,100 5,000 20,150 800 12,826 ~ n ~ n,aza 1 1 67,198 30,000 25,000 9 122,998 150,000 1 36,850 9 _ 5aA a~.a less TOTAL ENHANCEMENTS 186,485 82,711 68,400 153,300 3 1 488,876 Planning prof~slonal sve earryfonaard 200,080 ezeess to be transferred to CapNai Improvement Fund 1,470 992 8/3/20068:41 AMSUMMARY FY2007 SpecSVCSum ENTERPRISE FUND Council FY2007 Budget Summary Operetlng Assessments FY2007 Proposed Revenues S 11,806,415 S 14073585 E 25,880,000 merit 5.0% Department PERSONNEL OPERATING FTE's TOTAL Public Works 1,304,401 319,670 20.0 1,624,071 MUBS 284,988 252,210 8.0 537,178 Water 1,107,513 3,283,775 20.0 4,371,268 25,000 WWTP 1,878,373 2,920,180 28.0 4,598,533 48,080 LATECOMERS 600,000 600,000 600,000 mark Increase 176,785 178,785 General Fund transfer 501,051 501.051 less TOTAL BUDGET BASE 4,552,038 7,856,866 74 0 I S 12 408 904 I (11 743 904) S (665 000) ENTERPRISE Descretlonary Revenue S 82,511 E 13408 585 less Capkal RePlacemerda: S 101.870.00 39,159 Enhancements: PERSONNEL OPERATINGi 1 time Ops CAPITAL TOTAL Annualized PC&OE PW 1 Vehicle - WRHDRAWN - - PW 2 GIS Data 7,000 - 7,000 7,000 PW 3 GIS Programmer 71,700 2,135 4,800 2,500 81,135 81,135 73,835 PW 4 AutoCad Software - 8,000 - - 8,000 6,000 8,000 PW 5 GPS Sofhvare Maint 1,500 - - 1,500 1,500 1,500 PW 8 Copier/Seanner/Prlnter - 1,200 - 35,000 38,z6o 36,200 1,200 PW 7 Plotter - - - PW 8 Safety 12,000 - - 12,000 12,000 - 12,000 PW 8 Data Conversion Temp Labor GIS - 27,500 - 9,700 37,200 37,200 27,500 PW 10 Printer - - - 2,500 2,500 2,500 PW 11 GIS On-Call Service 5,000 - - 5,000 5,000 5,000 PW 12 Safety DUPLICATE of #8 - PW 13 Advertlsing - 2,500 - - 2,500 2,500 2,500 PW 14 PW Transfer for GIS Programmer to C (38,850) - - (38,850) (38.850) (38,850) PW 15 g - - - PW 18 - PW Subtotals 32,850 57,835 11,800 48,700 952,185 152,185 80,685 MUBS Credit Card Payment Processing - 51,400 350 - 51,750 51,750 51,400 1/2 GF 112 Flnance,HR,R to Enterprise 107,481 38,350 _ 145,831 145,831 107,481 0 BS & GF tans r ubtota s 158,881 38,700 197,58 197,581 158,88 Water 1 Water Service Coordinator 28,820 840 1,900 1,700 34,260 34,260 30,860 Water 2 Water Operator II 54,027 3,340 2,700 20,700 80,767 80,787 57,387 Water 3 Office Facility Improvements - - - 500,000 500,000 500,000 Water 4 Water Rights Consulting - - 30,000 - 30,000 30,000 Water 5 Well #27 • additional costs - - 250,000 250,000 250,000 . Water 5 Well # 28 -additional costs - - - 250,000 250,000 250,000 . Water 5 Well #29 - 250,000 250,000 250,Otb Water 6 Ground Reservoir Design - 500,000 500,000 600,000 . Water 7 Retrofit Radio Read - - 375,000 - 375,000 Water 8 Well Rehab - 100,000 100,000 100,000 Water 8 Remote Fiil Station _ - - Water 10 Waterline Extensions - - - 500,000 500,000 ~,~ _ Water 11 Safety Program _ - _ Water 12 Water Main Replacement - - 75,000 75,000 75,000 Water 13 GIS Program - 2,500 7,500 10,000 10,000 Water 14 Urban Renewal - - 150,000 150,000 150,000 . 0 0 - 0 0 - 8/3/2006 8:31 AM SUMMARY FY2007 ENT SUMMARY Enhancements: PERSONNEL OPERATING 1 time Ops CAPRAL TOTAL PCB:OE WWTP 1 WWTP Operator 56,588 700 300 - 57,588 57,588 57,298 WWTP 2 WWTP Mechanic - WITHDRAWN - WWTP 3 LabAnalyst 61,405 700 300 - 82,405 62,405 - 62,105 WWTP 4 Pretreatmantlnspector - WITHDRAWN - _ - - WWTP 5 WWTP Upgrade Phase 2 - 15,000 - 250,000 265,000 265,000 _ 15,000 WWTP 6 Black Cat Sewer - - - 1,200,000 1,200,000 1,200,000 WWTP 7NorthBlackCatTrunk - WWiP 8 Flva Mile Metering Station - - 250,000 250,000 250,000 _ WWTP 9 Safety _ _ _ _ WWTP 10 Biosolids - - 10,000 - 10,000 10,000 . _ WWTP 11 WWTP Equipment - - - 10,000 10,000 10,000 W WTP 12 #3 Digester Valve Replacement moved to replacement capital outlay _ _ _ , WWTP 13 Centrifuge Pre-screen - WWTP 14 #1 DAFT Upgrade _ _ - - - - WWTP 15 GIS - - 20,000 - 20,000 20,000 WWTP 16 MaindPretreatnrentsoftware - - 10,000 - 10,000 10,000 . WWTP 17 Sand Filter Replace Study _ _ - - - WWTP 18 Ordor Control Study _ - - WWTP 19 RV Dump and Design _ _ - WWTP 20 South Area Trunk and Lift SWUon - - - 2,000,000 2,000,000 2,000,000 - W WTP 21 travel for John to PCNWA - 5,000 - - 5,000 5,000 - 5,000 WWTP 22 Mereury Fish Tissue Sampling 5,400 - - 5,400 5,400 - 5,400 WWTP 23 Public Education - 2,500 - - 2,500 2,500 2,500 WWTP 24 Power Point _ - WWiP Subtotals 117,983 29,300 40,600 3,710,000 3,887, 83 182,8 3 3,7 5,000 14 , 3 TOTAL ENHANCEMENTS 234,690 250,188 503,200 8 364 800 7 352,686 782,686 8,215,000 484,866 TOTAL EXPENDITURES 4,786,728 8,172,082 503,200 6,486,270 18,928,2 this excess will be funded by Enterprise retained earnings $ (801,84 $ 7,183,585 Cartyforwa-d 38,461,580 this ki retained earnings at FY2005YE less FY08 budget of furM balance 11,800,000 TOTAL EXPENDITURES 58,389,850 (801,845) 98,783,585 Fumi Balance arm Carryforward from FY2008 ra,, usn ,....,e,.,,..,;,.., BudgetFY06 Carry to FY07 3410 33103 waterconsultantln $ 292,000 $ 210,000 3490 3490 91000 92000 Well land Waterbuil ' $ 100,000 $ 1,592.400 $ 100,000 $ 1,500.000 3410 93310 urbmrenewal $ 198,000 $ 184,000 3410 93010 wells' vemeafs $ 88,532 $ 3490 93010 Well' vetneats $ 78,853 $ 3490 %120 Well #20b $ 448,830 $ 2O,Opp 3490 96140 Waterline extensions $ 917,125 $ 619,624 3490 3490 %130 %138 Well #23 Well#27 $ 6,837 $ 432,189 $ $ 385,485 3490 %166 Well #28 $ Spp,Opp $ 500 Opp 3490 %168 Well Rehab $ 164,100 $ 42,127 3500 3590 3500 33103 91000 92100 W WTP refurbish biosolids veMcle WWTPwnsultin WWTPIand WWTPbI vements $ 80,000 $ 242,000 $ 1,200,000 $ 200,000 $ 50,000 $ 150,000 $ 1,200,000 $ 200,000 3510 3590 3590 92100 93000 93304 WWTPbId vemeets WWTF Sewer Extensions $ 60,000 $ 100,000 $ 512,062 $ 80,000 $ $ 112,672 3590 93310 urbeoresewel $ 200,000 $ 197,100 3520 %109 Five Mile Creek 'ect $ 100,000 $ 100,000 3590 %144 Lift Station $ 400,000 $ 284,841 3590 %139 Centnue Basin $ 523,837 $ 83,739 3590 %162 BlackcatTnmk $ 9,249,578 $ 7,163,202 3590 %163 Bh,ckcat Lift Station $ 1,741,104 $ 874,300 3590 %163 N Slou Sewer Tnmk $ 278,518 $ 5,000 3590 3590 %131 96170 PreDesi of 'ecis WWTPe 'oa $ 1,541,294 $ 20,328,858 $ 1,541,294 $ 16,598,208 Ca rward from FY2006 $ 48,089,913 $ 38,481,590 8/3/2006 8:31 AM SUMMARY FY2007 ENT SUMMARY LJ August 4, 2006 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2006 APPLICANT ITEM NO. Z7 REQUEST Executive Session per Idaho state Code 67-2345(1)(x) 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: Mdteda~ pre~nted at pubec meettnpa shall becawne properly of fhe CHy of Meridian.