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HomeMy WebLinkAbout2006-10-24CITY COUNCIL REGULAR eY1G�IG�"17', MEETING AGENDA IDAHO Fre City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 24, 2006 at 7:00 p.m. CITY OF T�� V IN "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: _X Shaun Wardle Joe Borton K Charlie Rountree Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: ('�ti,_; 3. Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: Tre .C;G,v14-f cJ, 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 19, 2006 City Council Regular Meeting: ; wo;'V-(�Ck B. Approve Minutes of September 26, 2006 City Council Regular Meeting:,V-C ,L C. Approve Beer and Liquor License Transfers from Susan Goodwin dba EI Tenampa to Jake Jones dba Jakers of Boise at 906 N. Main St.: ,V'P a. b -'L A D. Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District:��� (. Meridian City Council Meeting Agenda — October 24, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY COUNCIL REGULAR eY1G�IG�"17', MEETING AGENDA IDAHO Fre City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 24, 2006 at 7:00 p.m. CITY OF T�� V IN "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: _X Shaun Wardle Joe Borton K Charlie Rountree Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: ('�ti,_; 3. Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: Tre .C;G,v14-f cJ, 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 19, 2006 City Council Regular Meeting: ; wo;'V-(�Ck B. Approve Minutes of September 26, 2006 City Council Regular Meeting:,V-C ,L C. Approve Beer and Liquor License Transfers from Susan Goodwin dba EI Tenampa to Jake Jones dba Jakers of Boise at 906 N. Main St.: ,V'P a. b -'L A D. Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District:��� (. Meridian City Council Meeting Agenda — October 24, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 E. Water Main Easement Agreement for Walareen's by GRH Ten Mile & Halker Properties: TY -G v� C( F. Water Main Easement Agreement for Jakers Restaurant by Vintage Properties, LP: t G. Approve Agreement for Stenoaraphic Services with MD Willis, Inc.: H. Resolution No. - 53CPA 06-003 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to extend future land uses within the City of Meridian south to Colombia Road, west to Meridian Road and east to Eagle Road and to modify some of the existing land use designations on the Map along Amity Road, between Meridian Road and Eagle Road for Southeast Comprehensive Plan Amendment by Bailey Engineers - between Meridian Road and Eagle Road & between Columbia Road to'/ mile north of Amity Road: 1. Resolution No. L,--' : CPA 06-002 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation for approximately 12.37 acres from Medium Density Residential to Mixed Use Community for Ustick Comprehensive Plan Amendment by Thomton Oliver Keller - 1515 West Ustick Road and 3195 North Linder Road: J. Renewal of Contract for Prosecution Services with the City of Boise: 4 :�-�,� C-� K. Contract for Expedition Technical Assistance to set up Biosolids Improvement Project with CI -12M HILL:��vti , L. Agreement for Professional Services with Civil Survey Consultants. Inc. for Construction Staking for Water and Sewer Improvements Associated with ACHD Locust Grove, Franklin to Fairview Proiect:.4pp L -c ci-, M. Public Works Change Order No. 1 for the Blackstone LS Abandonment with Star Construction, LLC:�� N. Contract for the Sewer Modeling Technical Assistance with CI -12M HILL: c� Meridian City Council Meeting Agenda — October 24, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. 0 Department Reports: A. Mayor's Office B. C. .7 1. Presentation by Mayor's Anti -Drug Coalition: ?reRn-kei 2. Reappointment of Larry Lipschultz to Meridian Development Corporation: f 4o C _ 2_v I ( Park's Department - Doug Strong 1. 2. and Real Property Conveyance Agreement: -rov-c Legal Department -Ted Baird 1. Request from Petra to Place Job Trailer / Project Office on 6 Parking Spaces in City Owned Parking Lot: ,,W nr 2. Discussion / Approval of Contract for Decommissioning Wells on New City Hall Site: y�l, 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from October 17, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: 0 61-,A p' k : 0 lvot , 9, 2 -cob, 9. Continued Public Hearing from October 17, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust - 2180 East Amity Road: c, -,_4. p i k -I-v N,� x, 8, 2 cv L 10. Continued Public Hearing from October 17, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: C P )1+ . P/ l°, +u /V�V , 1,�, 2ct:�, 11. Continued Public Hearing from October 17, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood - 2135 East Amity Road: Meridian City Council Meeting Agenda — October 24, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. Public Hearing: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC — 2475 South Meridian Road: 13. Public Hearing: PP 06-040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC — 2475 South Meridian Road: 14. Public Hearing: �l 06-008 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-025) by removing a provision requiring all future development to be subject to a site specific Conditional Use Permit or a Planned Unit Development for the entire property for Blue Marlin by W.H. Moore Company — Northwest Comer of Ustick Road and Eagle Road: Q, l>-.c. 15. Public Hearing: VAC 06-012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No. 7 by Brighton Corporation —1037 West Bacall Street: , c ��. LA -6-cYAcL, &,.1V 16. Public Hearing: VAR 06-022 Request for a Variance from UDC 11-2A-6 that requires a 4 foot interior side setback in the R-8 zone to allow a 3 foot side setback on the east side of Lot 16, Block 12 of Paramount Subdivision No. 7 by Brighton Corporation —1037 West B,acall Street: 17. Ordinance No. /2--1 I AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: 18. Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation): C c(,� �1,�� l l ; �,, Meridian City Council Meeting Agenda — October 24, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. „l f(A e 4iSV6 �Lwkc N Chef — �l a CITY OF Fc e SIM CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 24, 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: 3. Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 19, 2006 City Council Regular Meeting: B. Approve Minutes of September 26, 2006 City Council Regular Meeting: C. Approve Beer and Liquor License Transfers from Susan Goodwin dba EI Tenampa to Jake Jones dba Jakers of Boise at 906 N. Main St.: D. Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District: Meridian City Council Meeting Agenda — October 24, 2006 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • E. Water Main Easement Aareement for Walareen's by GRH Ten Mile & Halker Properties: F. Water Main Easement Agreement for Jakers Restaurant by Vintage Properties, LP: G. Approve Aareement for Stenographic Services with MD Willis, Inc. H. Resolution No. : CPA 06-003 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to extend future land uses within the City of Meridian south to Colombia Road, west to Meridian Road and east to Eagle Road and to modify some of the existing land use designations on the Map along Amity Road, between Meridian Road and Eagle Road for Southeast Comprehensive Plan Amendment by Bailey Engineers — between Meridian Road and Eagle Road & between Columbia Road to % mile north of Amity Road: I. Resolution No. : CPA 06-002 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation for approximately 12.37 acres from Medium Density Residential to Mixed Use Community for Ustick Comprehensive Plan Amendment by Thornton Oliver Keller — 1515 West Ustick Road and 3195 North Linder Road: J. Renewal of Contract for Prosecution Services with the City of Boise: K. Contract for Expedition Technical Assistance to set up Biosolids Improvement Project with CI -12M HILL: L. _Aareement for Professional Services with Civil Survey Consultants. Inc. for Construction Stakina for Water and Sewer Improvements Associated with ACHD Locust Grove Franklin to Fairview Project: M. Public Works Chance Order No. 1 for the Blackstone LS Abandonment with Star Construction, LLC: N. Contract for the Sewer Modeling Technical Assistance with CI -12M HILL: Meridian City Council Meeting Agenda — October 24, 2006 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 6. Department Reports: A. Mayor's Office 1. Presentation by Mayor's Anti -Drug Coalition: 2. Reappointment of Larry Lipschultz to Meridian Development Corporation: B. Park's Department — Doug Strong 1. Budget Amendment for Kiwanis Park Development: 2. Kiwanis Park Development, Impact Fee Reimbursement. and Real Property Conveyance Agreement: C. Legal Department — Ted Baird 1. Request from Petra to Place Job Trailer / Prosect Office on 6 Parking Spaces in City Owned Parking Lot: 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from October 17, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust — 2180 East Amity Road: 9. Continued Public Hearing from October 17, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust — 2180 East Amity Road: 10. Continued Public Hearing from October 17, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood — 2135 East Amity Road: 11. Continued Public Hearing from October 17, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood — 2135 East Amity Road: Meridian City Council Meeting Agenda — October 24, 2006 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 12. Public Hearing: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC — 2475 South Meridian Road: 13. Public Hearing: PP 06-040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC — 2475 South Meridian Road: 14. Public Hearing: MI 06-008 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-025) by removing a provision requiring all future development to be subject to a site specific Conditional Use Permit or a Planned Unit Development for the entire property for Blue Marlin by W.H. Moore Company — Northwest Comer of Ustick Road and Eagle Road: 15. Public Hearing: VAC 06-012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No. 7 by Brighton Corporation —1037 West Bacall Street: 16. Public Hearing: VAR 06-022 Request for a Variance from UDC 11-2A-6 that requires a 4 foot interior side setback in the R-8 zone to allow a 3 foot side setback on the east side of Lot 16, Block 12 of Paramount Subdivision No. 7 by Brighton Corporation — 1037 West Baca ll Street: 17. Ordinance No. AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprinas Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: Meridian City Council Meeting Agenda — October 24, 2006 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Mak pos"� 0 CITY OF MERIDIAN NOTICE OF PUBLIC MEETING Wastewater Treatment Plant Facility Plan Update NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian City Public Works Department will hold a public meeting at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Monday, October .30, 2006, for the purpose of reviewing and commenting on the City of Meridian's Draft Wastewater Treatment Plant Facility Plan Update. The update includes population projections and planned improvements at the Wastewater Treatment Plant to accommodate growth and improve treatment reliability. The improvements are planned within the boundaries of the existing plant site, located at 3401 N. Ten Mile Road, Meridian, Idaho. A copy of the Facility Plan Update document is on file at the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Interested parties can call the Meridian Public Works Department at 898-5500 for further information. Any and all interested persons shall be heard at said public meeting, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the meeting. However, written comments will be accepted until November 7, 2006. The City intends to issue the final Facility Plan Update in November of 2006. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodations for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public hearing. DATED 25th of September, 2006 WILLIAM G. BERG, JR., PUBLISH 2nd and 16th of October, 2006 Meridian City Council Meetina October 24, 2006 A meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, October 24, 2006, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Keith Bird, and Charlie Rountree. Members Absent: Joe Borton Others Present: Ted Baird, Sharon Smith, Anna Canning, John Overton, Ron Anderson, Len Grady, Doug Strong and Dean Willis. Item 1: Roll -call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X O Joe Borton X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the meeting to order. Welcome this evening. It is Tuesday, October 24th. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Mrs. Smith. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge by Susie Bryant. If you will all rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: De Weerd: Susie, I do have a pin for you to thank you for leading us tonight. Thank you so much. Item No. 3 is our Community Invocation. Tonight we will be led by Pastor Darrell Taylor with Cherry Lane Christian Church. If you will, please, all join us in the invocation or take this as an opportunity for a moment of silence. If you will step up to the microphone, please. Taylor: Gracious Father in Heaven, we are so thankful for these men and women that are here and, Father, we just ask your blessing upon this meeting. Father, we ask for your guidance and your wise counsel as this meeting progresses. And, Father, in all things we just thank you for this time that we can come together and discuss matters that need resolution and we just ask this in Jesus' name, amen. Meridian City Council • October 24, 2006 Page 2 of 67 De Weerd: Now, Pastor Taylor, I believe this is your first time at a City Council meeting. Taylor: It is. De Weerd: I would like to present you with a pin as well and thank you for joining us. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4, Council, is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, Item H resolution number is 06-538. 1 is 06-539. On the regular agenda Items 8 and 9 has been asked to be pulled until November 8, 2006. And the applicant asked for that. And we have to pull 10 and 11 until November 8th, 2006, because of the annexation. And Item No. 17 ordinance number is 06-1271. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of September 19, 2006 City Council Regular Meeting: B. Approve Minutes of September 26, 2006 City Council Regular Meeting: C. Approve Beer and Liquor License Transfers from Susan Goodwin dba EI Tenampa to Jake Jones dba Jakers of Boise at 906 N. Main St.: D. Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District: E. Water Main Easement Agreement for Walareen's by GRH Ten Mile & Halker Properties: Meridian City Council r October 24, 2006 Page 3 of 67 F. Water Main Easement Agreement for Jakers Restaurant by Vintage Properties, LP: G. Approve Agreement for Stenographic Services with MD Willis, Inc. H. Resolution No. 06-538 CPA 06-003 Request for a Comprehensive Plan Amendment to modify the Future Land Use Map to extend future land uses within the City of Meridian south to Colombia Road, west to Meridian Road and east to Eagle Road and to modify some of the existing land use designations on the Map along Amity Road, between Meridian Road and Eagle Road for Southeast Comprehensive Plan Amendment by Bailey Engineers — between Meridian Road and Eagle Road & between Columbia Road to'/ mile north of Amity Road: I. Resolution No. 06-539 CPA 06-002 Request for a Comprehensive Plan Amendment to change the Future Land Use Map designation for approximately 12.37 acres from Medium Density Residential to Mixed Use Community for Ustick Comprehensive Plan Amendment by Thornton Oliver Keller — 1515 West Ustick Road and 3195 Forth Linder Road: J. Renewal of Contract for Prosecution Services with the City of Boise: K. Contract for Expedition Technical Assistance to set up Biosolids Improvement Project with CH2M HILL: L. Agreement for Professional Services with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements Associated with ACHD Locust Grove, Franklin to Fairview Project: M. Public Works Change Order No. 1 for the Blackstone LS Abandonment with Star Construction, LLC: N. Contract for the Sewer Modeling Technical Assistance with CH2M HILL: De Weerd: Item 5. Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 24, 2006 Page 4 of 67 Bird: I move we approve the Consent Agenda, which includes resolution 06-538, 06- 539, and for the Mayor to sign and the Deputy Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mrs. Smith, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Presentation by Mayor's Anti -Drug Coalition: De Weerd: Okay. Item 6 under department reports. We have a presentation for you tonight that we tried to show last week and I apologize for the technical difficulty. I'm very non-technical. But we have tested it before tonight's meeting, so it will work. Just a little background. The Mayor's Anti-drug Coalition partnered with KTVB Channel 7 to provide a video that we could steam on our website as well to present to our citizens and our civic community and presentation as to our challenges with meth in this valley, as well as in our community, and so this is the presentation that was the end product. (Video shown.) De Weerd: This week is Red Ribbon Week and it is a week that we celebrate good choices that our young people are making to stay drug free and to stay away from drugs. This, again, was made in partnership with Channel 7, KTVB, and we appreciate their involvement. We have a powerful message to send and meth is an issue in our community and so, Council, that is something that we will have on our website that people can click onto and, hopefully, gain a message from, as well we will be available to present to civic organizations to help spread the word. We did have Myrna Camarena, she is the sister of KiKi Camarena, the DEA agent that was killed in Mexico, the whole reason Red Ribbon Week started. She came and spoke at the Boys and Girls Club last week as our guest and we are doing a multi -faceted approach to keep this high profile in front of people to make better choices. So, John, do you have anything you would like to add? Overton: Madam Mayor, Members of the Council, I don't think there is anything I can add on top of what we just watched. I mean I have talked to Shelly Oldham personally, I have seen her scars. They are real. It tells the tail. And, you know, I think one of the things we recognize is we probably have one of the most outstanding programs statewide right now in addressing this and we just need to keep it rolling. Meridian City Council • October 24, 2006 Page 5 of 67 De Weerd: Thank you. Council, any questions? Bird: Madam Mayor. Just a thank you and hope everybody takes this to heart and know that we don't want the problem, so we need to work on it real hard to make sure we don't have the problem. Thank you very much for presenting it. De Weerd: Thank you, Mr. Bird. Rountree: Thank you. 2. Reappointment of Larry Lipschultz to Meridian Development Corporation: De Weerd: Okay. Item No. 2. You probably have seen this somewhere before. I had this in front of you last week or the week before. Under Idaho Code you cannot -- you want to avoid reappointing more than two board members at any given year and I am asking that Council would consider extending Larry's seat to a four year term and his would, then, expire in September 2011. So, I would need a motion to have that new date. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we appoint Lary Lipschultz to the Meridian Development Corporation for a term to expire September 2011. Rountree: Second. De Weerd: Okay. Thank you. I have a motion and a second to reappointed Lary to the 2011 date. All those in favor say aye. Okay. All ayes. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Park's Department — Doug Strong 1. Budget Amendment for Kiwanis Park Development: De Weerd: Item 6-13 is our Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. To start with the budget amendment that you have before you, that you have had the opportunity to review since last week, I thought it would be useful to go back and look at how this project has evolved over time and why we are where we are with the project today, because of the opportunity that came to us somewhere early in the summer with a donation of an Meridian City Council • October 24, 2006 Page 6 of 67 additional two plus acres to the property and the opportunity to get the project further along. As you may recall that early on the boundaries of the park did not include this additional acreage that you see going to the north and to the west. There is another -- about 30 feet on the side of the pathway that goes down this direction and the pond size -- the original pond size was about where this line is here and as the acreage was added to the park and we went through some redesign work to take advantage of being able to develop the entire park — or the entire area, including the additional two acres that was proposed to be donated to the city, it caused some redesign work and, of course, some additional cost. The developer that is participating in this project with us agreed at that time to pay the cost of the green up, which includes the grassy -- the earth work that allows all the grassy areas to be planted, completion of the irrigation system, and as you recall we already had the pump station installed. Pump house. The original excavation of the pond was complete. In the contract they expanded the pond for additional water and, then, they also agreed to complete this pathway connection here that will take the pathway all the way out to where it connects to the existing pathway that goes out to Eagle Road. So, what we ended up with was, essentially, an expanded scope of work from what we had planned for and budgeted to that point. So, the budget amendment that you're looking at is to cover the cost of that expanded scope of work. And also it shows the 275,000 dollar donation from the developer and contribution toward the green up of the park. So, with that much of an introduction, I would certainly be happy to entertain any questions. I might add that this week sometime the parking lot will be paved out at the park. So, progress is continuing towards completion of the construction. De Weerd: Thank you, Doug. Council, any questions? Bird: I have none, Mayor. Rountree: Not me. De Weerd: Okay. Thanks, Doug. You need a motion I imagine? Strong: I do. As proposed at the bottom of the budget sheet that was presented to you. There is actually -- and we need an amendment for the additional impact fees to complete the project and for the developer contribution amount. De Weerd: Okay. Council? Bird: I'll make a motion as soon as I find the amount. Have you got it, Charlie? Rountree: 561. Bird: 561,000? Or 61,000? Strong: The amount is at the bottom of the page in red. Meridian City Council • October 24, 2006 Page 7 of 67 Wardle: I have got it. Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I move that we approve budget amendment for Kiwanis Park development in the amount of 561,592 dollars, to include developer contribution of 275,000 dollars. De Weerd: Okay. Do I have a second? Bird: I'll second that. De Weerd: Okay. I have a motion and a second. Any discussion? Mrs. Smith, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. 2. Kiwanis Park Development, Impact Fee Reimbursement, and Real Property Conveyance Agreement: Strong: Thank you, Madam Mayor, Members of the Council. The second item is the Kiwanis Park Development and Impact Fee Reimbursement and Real Property Conveyance Agreement, which I believe you have a copy back to you signed by the development company; is that correct? Bird: Yes. De Weerd: So, I'll open it for any questions. Any questions I can't answer I will rely on Mr. Baird to answer. De Weerd: Council, any questions for Mr. Baird? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: Mr. Baird, I understand that we had some discussions about the conveyance of the property and some terms. Have those all been resolved to our standard city conveyance agreement? Baird: Madam Mayor, Members of the Council, that's correct. We were trying to put a limitation in years on the deed restrictions and we were able to reach agreement on Meridian City Council • October 24, 2006 Page 8 of 67 that, so that the proposed deed is very similar, if not identical, to deeds that you have accepted in the past. De Weerd: Okay. Any further questions? Bird: I have none. Rountree: None. De Weerd: Okay. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: With that I would move that we approve Kiwanis Park development impact fee reimbursement and real property conveyance agreement and for the Mayor to sign and the Deputy Clerk to attest. Bird: Second. De Weerd: Okay. We have a motion and a second approving the item in front of you. Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Legal Department —Ted Baird 1. Request from Petra to Place Job Trailer / Project Office on 6 Parking Spaces in City Owned Parking Lot: De Weerd: Item 6-C under our legal department. Mr. Baird. Baird: Thank you, Madam Mayor, Members of the Council. The first item is a request from Petra, our Construction Manager on the City Hall project. They are requesting to place their job trailer on the city's side of the public parking lot that's adjacent to the work site. That portion of the lot is actually a part of the future City Hall plaza, but it's currently outside of the fenced area. So, the reason that this is being brought to you is because it will affect the availability of public parking during the job. If you find this an acceptable use, we will forward their request onto the planning department where they will go through a CZC for the trailer and, basically, we are looking for any questions, input, and a motion. De Weerd: Thank you, Ted. Any questions, Council? Meridian City Council • October 24, 2006 Page 9 of 67 Bird: I have none. Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: No questions, I move that we go ahead with the request to place the job shack -- or job trailer -- De Weerd: I hope it's not a shack. Bird: We used to call them shack. Job trailer on the city's side of the public parking lot. Rountree: I'll second the trailer. De Weerd: Okay. I have a motion and a second. Just to be on the safe side, I will ask for roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Discussion / Approval of Contract for Decommissioning Wells on New City Hall Site: De Weerd: Thank you. Okay. Mr. Baird -- oh, is this yours or Len's? Baird: Madam Mayor, I will go ahead and handle this, unless Len -- it's, actually, very simple. What's being brought before you tonight is the first phase of a two phase project to assess the current status of the wells on the former creamery site and after assessment you will be brought back a separate contract with specifics on how they will be decommissioned. So, all you're approving tonight is something that, actually, the Mayor could have approved herself. It's 3,840 dollars for, basically, the assessment where they will pull out the pumps and inspect the casings and determine what needs to be done to properly decommission those wells. If you have got technical questions I will direct you over to Len. If you have legal questions I'd be happy to respond. De Weerd: Okay. Any questions for Ted or Len? Rountree: I have none. Bird: I have none. Meridian City Council October 24, 2006 Page 10 of 67 Grady: Just a comment. We are required to abandon those wells. So, it's not something that's optional. So, that's why we are proceeding with the abandonment, so - De Weerd: Thank you. Okay. I will need an approval of the contract. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the contract for the decommissioning of the wells on the New City Hall site in the amount of 3,840 dollars. Bird: Second. Rountree: And authorize the Mayor to sign. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you for a contract. Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Council, before we move from department reports, I think you probably all saw a copy of the check that's out in the lobby from Albertson's to the Meridian Food Bank. That was a project from the Mayor's Youth Advisory Council. They had a food drive this weekend and they got a commitment from Albertson's and the check was presented on Saturday for 5,000 dollars to the food bank. As one of their efforts, the additional effort they had was they raised between -- we still don't have the final numbers, but somewhere between 1,600 and 1,800 pounds of food on Saturday they collected. So, I think they went out and made a difference and it was quite the event. And so I do want to bring that to your attention and appreciate the community activity of Albertson's and we took a tour of the food bank, which is across the street. Signs Etc. now has donated a sign, so you can actually see where the food bank is. Before they had a sign on their glass door. But they serve a great number of families in our area, as well as the valley. So, I will tell you that they did a great job on Saturday. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Continued Public Hearing from October 17, 2006: AZ 06-042 Request for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for Meridian City Council October 24, 2006 Page 11 of 67 Cottswold Village Subdivision by Cherie A. Dalton Living Trust — 2180 East Amity Road: Item 9: Continued Public Hearing from October 17, 2006: PP 06-044 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.18 acres in a proposed R-8 zone for Cottswold Village Subdivision by Cherie A. Dalton Living Trust — 2180 East Amity Road: Item 10: Continued Public Hearing from October 17, 2006: AZ 06-044 Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision by Dan Wood — 2135 East Amity Road: Item 11: Continued Public Hearing from October 17, 2006: PP 06-046 Request for Preliminary Plat approval of 48 residential lots and 8 common lots on 19 acres in a proposed R-4 zone for Whitebark Subdivision by Dan Wood — 2135 East Amity Road: De Weerd: Items 8 and 9 have been requested to continue to November 8th. I will need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 8 and 9 and 10 and 11 until November 8th. Wardle: Second. De Weerd: Okay. We have them all in one big swoop. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Public Hearing: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC — 2475 South Meridian Road: Item 13: Public Hearing: PP 06-040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC — 2475 South Meridian Road: De Weerd: Okay. Items 12 and 13 are public hearings on MI 06-004 and PP 06-040. 1 will open these two public hearings with staff comments. Meridian City Council • October 24, 2006 Page 12 of 67 Canning: Madam Mayor, Members of the Council, this is the Shepherd Creek project. It is located on the west side of Meridian Road approximately a half mile south of Overland. You can see it here. It is annexed and zoned within the city. And it is surrounded by primarily R-4 developments. This is the proposed plat. The applications before you tonight are a development agreement modification and a preliminary plat. I'm going to start off with the development agreement modification. The DA is with the Nazarene Church and that was approved at the time of annexation. That development agreement allows for the construction and development of a church and a multi-purpose facility. It does not allow for the construction residences. The Comprehensive Plan designation on the property reflects that annexation and that development agreement, even though the church has not yet completed construction and the designation is public -quasi public, similar to the other churches around the city. You're now being asked to modify that agreement to allow for the residential development on the west side of this property. Similar to a request for annexation, it is at Council's discretion as to approve or deny that request for the DA modification. The preliminary plat approval is for 55 single family residential lots, seven common lots, and, then, the one church lot. All that on 32.45 acres. Twelve acres would be for the residential development and, then, 22 acres are to be retained by the Nazarene church. The applicant is proposing to set aside .78 acres or 6.5 percent of the property for open space and that would be micropaths, a tot lot, and seating area with benches. Their residential lots range in size from 5,092 square feet to 14,866 square feet. Over half, 58 percent of the lots, are smaller than 6,600 square feet. The average lot size is about 66 or 67 hundred square feet. Also, on the church -- I mean also on the site is the church. They have received conditional use approval for a 45,575 square foot facility, so -- and there are room and plans for expansion of that facility as well. Currently as proposed by the applicant there are no roadway connections from the church to the proposed residential development or the Bear Creek community. All the traffic from the church would head south through the Strada Bellissima development immediately to the south. I do have some elevations, but it's just of the tot lot, so I'll go through that later. I don't have any for the church or for the proposed residences. The Commission did recommend approval of this application to you at their September 21st hearing. Matt Schultz and Joel Hammer spoke in favor. Kimberly Newell LeMaster and Karen McGorton testified in opposition. Also commenting was Leslie Madsen. The key issues of discussion by the Commission were the need for a collector roadway out to Meridian Road and I'll explain that in a moment. The minimum house sizes, proposed lot sizes, the transition and street sections and sidewalks between Bear Creek, Strada Bellissima, and the subject development and the traffic calming at some of the intersections. The key Commission changes to staff recommendation were to leave all lots as proposed which currently meets the R-8 designation, not the R-4 designation as proposed by staff. And, again, I'll explain that as part of the outstanding issues before Council. They did require at least a 1,400 square foot minimum house size in the development and they required landscaping streets and sidewalk to transition into match the existing stub streets. And now I'm going to go into the outstanding issues before City Council. There are primarily two things. One is the collector roadway and density. Okay. I'm sorry. Before I do that, I wrote outstanding issues twice on my sheet, so let me go to one more thing. We Meridian City Council 10 is October 24, 2006 Page 13 of 67 have received quite a bit of written testimony for this project and wanted to read that at least into the minutes. Prior to the Planning and Zoning Commission we received written testimony from Troy Johnson, Tracy Tatem, Carolyn Smith, Kimberly Newell LeMaster, the Bear Creek Homeowners Association petition with approximately 234 signatures. Michael and Shannon Steege. Patrick Robinson. Since the Planning and Zoning Commission and prior to tonight's hearing we have also received written testimony from Tammy and Steve Carlson, Elizabeth Casey, Melissa and Chad Whipple, Lea McCurdio, Kelly James, Angela Kinniston. And I apologize in advance if I have butchered your name. Please forgive me. So, now moving onto the outstanding issues before Council. They basically center on the collector road and density. Let me tackle the collector road first. The conditional use approval for the church required that they be part of this plat application. That is the only reason the church is included on this plat is because it was a requirement of the conditional use. At the time the church was approved staff had questions about whether or not it would be in the best interest of the city to have a connection to Meridian Road to serve the church, as well as to serve the residents of Bear Creek and the residents of the proposed Shepherd Creek Subdivision. This is approximately the half mile mark and as you know our Unified Development Code allows connections at the half mile mark and it also encourages collectors as a way to funnel -- to channel traffic, so -- to arterial roadways from within the -- within the section. So, staff wanted to make sure that the City Council had the opportunity to at least comment on whether or not they wanted a collector roadway out this half mile location. Currently we have Calderwood to the north of here, but ITD has stated that that will never be signalized, because it's too close to Overland Road. So, to provide some opportunity of a signal between Overland Road and Victory Road, staff wanted to at least get this before Council to have a say in whether or not you wanted a connection there and eventually a signal. So, that's some of the background of why the church is included in this application and also why you see this road dotted in here as -- I think it's currently labeled as contested collector roadway. It was not by the choice of the applicant, it was required as part of the conditional use approval for the church. ITD has stated that they would support the collector road connecting at the half mile location and future signalization at that location as warranted and as funding allows. Staff is concerned that this may be, again, our only opportunity to get that connection and possibly signalization. There is some misconception in the written testimony that you have received that somehow we would be requiring collector road status the full length of the roadway connection going to Stoddard. It would come down Kodiak, you would make -- you tum south, you tum back north, you come through a stub street and it would connect back up with this property, but we have only ever said that we just wanted that collector status to this road somewhere on the church property and that's just because our UDC requires that the connection to the state highway facility not have -- that it be a collector type facility. So, that's why we have called it that. We understand that it won't necessarily meet the warrants of a collector street, but we wanted to limit any access to that, because it is connecting to the highway. The surrounding property owners are opposed to the Meridian Road connection. We anticipate that you will hear a lot of testimony tonight about how the proposed residential lots need to have access to roadways that are not part of the Bear Creek Subdivision. Staff agrees that it's important for all of the properties in this half section, Meridian City Council October 24, 2006 Page 14 of 67 including the Bear Creek residents, Shepherd Creek residents, and the Nazarene church members to have safe travel routes. The primary direction of travel is to Meridian Road. A signalized approach to Meridian Road would provide a safe connection. Counsel may recall that this area previously was approved for a local street connection just north of what used to be the church property as part of the Kodiak Subdivision. So, originally, you'll note that the Comprehensive Plan has a small sliver of medium density residential just north of -- if you squared off the church property and that was to reflect the proposed density of the Kodiak Subdivision and that did have a connection at that half mile point. That was since purchased by the Bear Creek developer and they did a modification with the church to the property lines to create that -- to create what became -- I think it was Bear Creek Seven or something like that that they revised the original preliminary plat to reflect that additional property. Although a local street connection would have been inappropriate because of the volumes of traffic and the folks backing out while coming off of the state highway, we do feel that a collector road on the church property is appropriate. The applicant is also opposed to the collector road connection to Meridian Road. Their concerns, as previously stated, include the opposition by the neighbors and, then, cost associated with the construction of the facility. ACHD, furthermore, has specifically prohibited the connection. So, this gets very complicated. I personally went to ACHD and begged that they leave the option open, so that we can have Council make this decision again. We just felt it was important that Council have the opportunity to comment on this road connection, but they felt that they could not support the roadway connection. The original hearing -- they actually had two hearings. They had a reconsideration, so they did a second hearing. The original hearing they mostly talked about wanting one mile connections to the state facilities, rather than half mile. At the second one that wasn't so much their reasons for decisions, but they talked about access to the facility and they expressed some feelings that they felt it was too late to require this. Again, I think staff is concerned that this is -- this is our one and only opportunity. It's not too late. This is the appropriate time. Okay. Switching over to density. The applicant has proposed lots sizes consistent with the existing R-8 zoning on the property, but this property -- the Comprehensive Plan designation is public -quasi public and we did that amendment recently that said when you have got public -quasi public you need to look at the surrounding uses and the surrounding designations. Now, the property that was formerly Kodiak is shown as medium density, but that's a small portion of the property surrounding this and I can bring that Comp Plan up for you. I don't have it up right now. I forgot. But I can get it up for you. Most of the surrounding properties are designated as low density residential, so staff felt it was important to have the residential lots, even though they are zoned R-8, to have them meet the R-4 standards. The Commission disagreed with that analysis and they have recommended approval of lots consistent with the R-8, but they did put the 1,400 minimum house size. In summary, I think it's clear from the length of my presentation today that there are a lot of outstanding issues and unresolved issues with regard to the development of the property. Those primarily include the proposed density and, then, the connection to Highway 69 and all the complexities of that decision from ACHD to, you know, if we don't have the collector roadway currently, the church has no access even to -- to anything except through Strada Bellissima. There is no connection from the church to the proposed residential Meridian City Council • • October 24, 2006 Page 15 of 67 portion of it even. So, there is a lot of issues there that are yet unresolved. All the requested approvals tonight, though, hinge on that development agreement amendment. So, if the Council feels that the issues could be better addressed at a later date, then, basically, you can deny the -- you have the same authority as you would with the original annexation. It's your choice as to whether the DA modification is in the best interest of the city. And with that I will answer any questions you may have. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Anna, would you put up the site concept. Canning: That one? There is not one that -- the only one -- Rountree: The one you flashed up first. Bird: The church. Rountree: The church. Canning: That one? Rountree: Do we have any information -- does staff have any information of what the concepts are going to be for the remainder of the property that's been identified in the annexed piece a church? It seems to me that this one particular application and potential use has created somewhat of a fever within the neighborhood, what's going to happen when the remainder of that is going to be developed? Do we have a sense of what's going on there? Canning: No, sir. Rountree: And what kind of transportation network, circulation network that might be proposed, what kind of accesses might need to be required? De Weerd: Mr. Rountree, they do have a representative here tonight. Rountree: I just wondered if staff had that. Canning: No. The only thing we have right now is the one access drive that comes down and connects to a stub street in Strada Bellissima and you can see that picks up right here and, then, they could either go out -- this is a right -in, right -out facility to Meridian Road currently or they can come through this residential portion, actually, of Meridian City Council October 24, 2006 Page 16 of 67 Strada Bellissima and, then, make their way out to the light at Victory. And that's the only thing we have right now. Rountree: Thank you. De Weerd: Okay. Any other questions from Council? Bird: Not at this time, Mayor. De Weerd: Okay. This is a Public Hearing. We will ask the applicant to give a presentation on this. He will be allowed ten minutes. We also have the church here on hand as well. They will also be given ten minutes. If the subdivision Bear Creek has a spokesperson, that spokesperson will also be given ten minutes. So, then, any additional testimony after that are minutes in length and we will start with the applicant. Schultz: Good evening, Mayor and Council. My name is Matt Schultz with RMR Consulting, 2127 South Alaska Way in the Bear Creek Subdivision is where I reside and also I'm representing the applicant. It is a joint application of the Valley Shepherd Church of the Nazarene, as well as Shepherd's Creek, LLC. There is a lot to cover in ten minutes, so I will try to do my best to get through it. Just by way of introduction, I have also been involved with Bear Creek Subdivision for the last six years as a project manager. I haven't been working for them for the last couple, but I live there, I have watched every house get built, I have built a couple of stub streets, I have been here for three revised preliminary plats on Bear Creek and so I feel like I have a lot of history on this to maybe add to your decision and I know Mr. Bird and Mayor de Weerd were here as well and -- De Weerd: We saw you a lot. Schultz: Probably more than you liked. De Weerd: Well, I wasn't going to add that. Schultz: Okay. Thanks. If I could just start with the overall map, just to give you some background. Here is the 20 acres that the church has retained. Back in February they obtained a staff level approval to divide off 12 acres, essentially move the lot line that was here to here and create a 12 acre parcel zoned R-8 with a development agreement. We acknowledge that that development agreement gives you full latitude. We aren't hanging our hat that we deserve R-8. We are here tonight to show that we -- it is appropriate. But it was -- that was approved in February and subsequently the CUP for the church was approved. I think the next day. And it went to auction and this was put out to the highest bidder to help the church build their new facility. And subsequent to that I was retained as a consultant to help with this approval process. So, we have been working on it for several months, knowing going in it would be a challenge, because we are the last -- we are the last piece of the puzzle in this area and it's always tough coming in last when everybody is -- when you're surrounded. But I did add in the Meridian City Council October 24, 2006 Page 17 of 67 recently approved Bear Creek West, so everybody could see how that fits in. It's very important to show how that fits in. We have approximately between -- Elk Run, which was done in the mid '90s at Calderwood, which is a collector. Bear Creek, which was done between the year 2000 and they have got one more lot to do -- or two more lots up here, so it's been ongoing for the last six years. Strada Bellissima has come in in the last year or two. There is 555 lots out here right now in this half section. We have a mid mile collector called Stoddard Road. We have Kodiak that's proposed as a mid mile to the quarter mile collector passed the future middle school, Idaho Power, mini storage. There is a community park that's a city -- the city helped put in there. In fact, it is maintained by the city. It's an 18 acre park. So, I wanted to show that there is just over a thousand lots existing or proposed in this section today. Essentially, the section will be built out. There is some existing homes and some stuff that will go probably commercial along Overland, but this is the last piece of the puzzle in this section. Some of the big traffic issues -- obviously, Meridian Road is heavily traveled today. It's overloaded. Everybody in the south end of the valley comes down Meridian Road. Fortunately, Locust Grove overpass is going to get built we hope sometime soon, right? It's been several years, but we hope sometime soon. De Weerd: The bid's been awarded. Schultz: Good. Good to hear. It's been a long time. Hey, I'll tell you what, this signal is going in any day. This was moved up a couple years. ACHD -- and it's very very needed. I think there was an accident yesterday there. So, there is a signal going in at Victory, which is good news. They are widening Overland next year with a signal at Stoddard, which is great news. Ten Mile overpass -- Ten Mile Interchange is just over here another mile. Linder overpass someday. Meridian intersection is getting upgraded hopefully starting next year. So, there is a lot of things coming to help our current bad traffic situation. So, I wanted to start with that overview of where we are at and how we fit into the pieces of the puzzle out here. Can you go to the next slide, please, Anna? The church set aside 12 -- exactly 12 acres for sale. They didn't work with the developer and say here -- what would work for you, let's sell it to you, they said 12 acres exactly. They set that aside and everybody went into the auction knowing that there was an R-8 on it. These days R-8 can be done appropriately. It's not a highly dense -- as long as you're looking at the surrounding neighbors. Bear Creek Six was done at about three and a half to the acre. That was a revised preliminary plat. They did buy the piece that was the Denali plat. I remember that getting denied, because I showed up to help get it denied, because they had a very narrow piece of property, they had some really narrow lots, and that got turned down, so they negotiated with them, bought that, added on those lots at Bear Creek, it came in at an R-8, but it was, admittedly, a very low density R-8. This was done at about three to the acre. Overall it's about 2.6 to the acre in this section. When we add our 55 lots it goes to 2.7 to the acre in the section. Right now there is Strada Bellissima. They coordinated with the church. This shares a property line and ITD at the time -- ITD said, look, we will let you share this right -in, right -out, but that's the only access you get. We won't let you have one at the mid mile. And this was two years ago. So, they said if you do this, this is the only access you get. The church property was approved at Planning Commission level only Meridian City Council October 24, 2006 Page 18 of 67 back in February, using this access and using this to get out. That's what was approved and they are under construction. I don't know if you have been by there lately, but they are well under construction. It's impressive what they have got going on with the building. And what the 12 acres had is three accesses. Not one, not two, but three, which is exceptional. You know, one access would have handled the traffic, two would have been more than enough, three is exceptional to disperse the traffic. We are saying the majority of the traffic is probably going to come out to Victory Road and not go back through Bear Creek. But some will, but it's all well within the limits of ACHD and we have studied it, this 12 acres keeps — the traffic is well within those limits today and even when Bear Creek West comes it's well within limits, even if they convert Calderwood to a right -in, right -out, which is going to be -- which they could do, we'd still be within the limits of the traffic. There is no justification for the collector from a technical standpoint. If you can go to the next slide, please, Anna. One more, please. Thanks. So, when we looked at laying this site out we put -- this thing's kind of -- got my backup here. These R-4 lots, 14,000, 9,000, 8,000. We are kind of limited on depth from what we bought. It's a hundred acres -- I mean, excuse me, 100 feet, 50 feet, 100 feet, 100 feet, 50 feet, 97 feet. We didn't have the luxury of depth in those lots, so what it comes down to is what width do you want on those lots. To meet the R-8 we did 80 foot wide lots. We felt it appropriate to do a nice mix, a nice transition of the eight thousands, seven thousands, we have some fives and six thousands, then, we go to 5,200s backing up to the church. It's not shown on here, but Planning Commission caught it and we didn't catch it, there is some detached sidewalk that we are going to transition in here and here. It was attached up here. Our open space -- it's hard to believe, but if you take the park away from Bear Creek, this is the biggest usable common lot between Elk Run, Strada Bellissima, and Bear Creek. We are putting a playground in it, we got a pathway, we can get a pathway connected to the church and I think it's important to point out that the church is on five acres, their building and their parking lot. There is another seven and a half acres north that they want to keep open space forever. There is another seven and a half acres south that they don't know what they are going to do with, honestly. And they can speak to that. But that's -- even if they -- they did something with the seven and a half, that seven and a half acres would be -- well, you know, 30 percent of their 20 acres -- just an exceptional amount of open space that we have with this church. So, I think it's important to consider both. The density that we have in this area is around three to the acre -- three and a half to the acre, which is consistent with Bear Creek Eight, on seven of the acres. On five of the acres we actually go to six to the acre, but the blended average is four and a half, which is just over the R-4 limit of four to the acre. We really feel like we have done a good job of transitioning the lots, mixing the lots, then, the Planning Commission added that they would like to see the R-4 minimum home size of 1,400 square feet. We said that's what we were planning anyway. So, that was totally appropriate. So, we don't feel like we are -- we could have got 66 lots in here, if we would have went for a full blown R-8. An R-4 would have been about 43 lots. We are right in the middle. We are at 55 lots. We are right -- we kind of balanced it out. And we think it's a great blend of lots. And our open space meets all requirements. I'm trying to cover a lot real fast as you can tell, but, you know, ten minutes is tough to squeeze all this in, but it's -- I really want to talk about the fact that this is consistent with several subdivisions that have been approved, Meridian City Council October 24, 2006 Page 19 of 67 Tuscany Village, Sutherland Farms, Woodbridge, Messina Meadows, Bear Creek West, Tanana Valley, Reflection Ridge, Jayden Village, Soda Springs -- they all have this same -- this same density and same mix of lot sizes and it is appropriate. De Weerd: Okay. You will need to wrap your remarks up. Summarize, please. Schultz: I want to summarize and say that -- and hold some for rebuttal, because I'm sure I will have plenty -- that this is appropriate, we are not hanging our hat on the R-8. We think R-8 is appropriate and this area is a transition to the church. We think that the collector is not appropriate. There are no warrants. This is the last phase, not the first, and we would ask for your approval without the collector as submitted and I'll stand for any questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It will be for Matt and Anna probably both, but if this were approved, what's the barrier between the residential and the church parking and potentially future commercial? Schultz: Can you go back to the overall preliminary plat? There. Canning: That works a little better. Schultz: Got it. I measured this earlier today. There is, actually, about 100 feet from here to here from the back of the lots to this drainage swale that's probably 30, 40 feet wide into the parking lot. If this ever redeveloped they would have to come back through for a revised development agreement and provide appropriate buffers at that time. Right now there is plenty of buffer in here of 100 feet plus. Rountree: Madam Mayor, follow up. Are you proposing a fence? Schultz: What we are proposing -- there is existing six foot vinyl until you get up to this exiting two acre lot. We will fill in with six foot. There is already six foot here and we put six foot there. We will fill in the gap with six foot vinyl fence. Rountree: Thank you. De Weerd: Okay. Any other questions from Council? Bird: I have none, Mayor. De Weerd: Okay. We will invite you back up at the end for a five minute rebuttal. Meridian City Council October 24, 2006 Page 20 of 67 Schultz: Thank you. De Weerd: Okay. Is the church representative here? If you will, please, state your name for the record. Johnson: Thank you. My name is Dennis Johnson, I live at 4888 River Vista Place. That's in Garden City, Idaho. And I would like to note that I have been a member of the Valley Shepherd Church of the Nazarene here in Meridian for 27 years. Even though we have lived there, we have gone to church here and have been members since 1979, my wife and I have. And so all of our years here in the valley we have really gone to this church and been members of that church. I have been asked tonight to speak on behalf of the church and I know -- I know most all of you very well, because I not only have gone to this church for many years, but about seven years ago we made a decision to move our business, United Heritage, from Nampa to Meridian, and I want to, if I have not had a chance to do this publicly, thank all of you for the cooperation you gave us in that process and also all of you who are on staff, because you are very -- excuse me -- very very helpful in that process and so I appreciate the chance to do that. It's not often that I stand before city councils or anybody, for that matter. My father is currently the pastor of the church and he suggested I dust off my law license and I come and represent the church tonight pro bono and certainly that is what I am doing. De Weerd: Well, congratulations. Johnson: And I'm happy to do that. But, in any event, I just want to reflect on the fact that this church, Valley Shepherd Church of the Nazarene, has been in this community for 90 years. It has been here on the comer of Pine and Meridian Road for I believe all of those years -- most of those years and, in fact, that's the 90 out of the 113 year existence of the City of Meridian and there has been a wonderful partnership in Meridian between Meridian and the business community and Meridian and the faith community. I know you have just had a function with the faith community, Mayor, and we appreciate it so very much. And in this case I'll just point out there has been a wonderful partnership between this City Hall property and the Valley Shepherd Church of the Nazarene in terms of sharing parking and we have appreciated that over the years and one of the reasons the church is moving out there is because of its growth and its need for additional parking and I know that you're expanding your facilities as well. But we want to thank you for the privilege we have had of sharing parking with you over the years. It has been a wonderful partnership and we appreciate it very very much. Well, I would like to reflect also on the property that is before you. It was about 11 years ago that our congregation bought this property. It was 32 acres at the time, it seemed like a pretty good deal at the time and turned out to be a pretty good deal at the time. It has been a terrific property for this congregation to consider to expand to. Thirty-two acres is what was available, 32 acres is what was bought. As you heard from the developer that we have sold 12 of the acres to, a decision was made to sell 12 acres, nothing more, nothing less. And the reason for that is because the church felt it needed 20 acres. When you hear today elementary schools want 20 acres, high Meridian City Council October 24, 2006 Page 21 of 67 schools want 40 acres, why do they want that amount of space? Well, this church wants that amount of space so that it can grow, so it can have future expansion, and so it can truly be a beacon in this community. The church that is being built, reference has been made to it. You have seen it as it is going up. It is truly going to be a cathedral type church. This is going to be a wonderful wonderful entry to the southern part -- to the southern part of Meridian and I think you're going to find that it is just a beautiful beacon as people come into this city. It is the same architect who -- Peter Rockwell, who did the Catholic Church on the comer of Meridian and Chinden and that that also is a beautiful beautiful faith community as you come into this community and this was no accident that he was chosen. There was a competition between architects to come up with a beautiful design and three architects competed and this is the architect that was chosen and he was chosen because of the design and because of beautiful that it will add to this community and I think it will be a tremendous addition to that entire part of the city, including Bear Creek, which I recall when I first started going to church here, was not there. And, in fact, I don't know how much of it was there when we bought our property originally. Well, the real issue, as you have heard from Planning and Zoning, has to do with this road with this street that is coming in or this -- what is called a connector and I want to point out that I got involved in this about a week ago and I have gone back and I have read every public document that I can find. I have read all the transcripts of the Ada County Highway District hearings, I have read the transcripts from Planning and Zoning, I have looked at all of them and it seems to me that one of the issues is there is some question about the definition of a connector and whether this is really a connector. And I also understand that there has been some -- that there has been some change to the Meridian Comprehensive Plan that calls for these types of connectors at every half mile point and the observation I have is that it appears to be that this may be a case in which we are trying to make one size fit all. We are trying to put in half mile connectors, whether it's the right place of not, no matter what, because that's in a change in the Comprehensive Plan. I think it is the change to that Comprehensive Plan that is difficult for the Ada County Highway District to understand. They call it -- they use the term retrofitting and that it is an attempt to retrofit something. And so I really question whether or not this is the right place to do this, although I think the attempt to have connectors is laudable and it is something that is certainly desirable and we certainly understand the need for that. And the Ada County Highway District seems to have a real problem with this as well and there is constant reference to Eagle Road and we have all been on Eagle Road and we all know the difficulty of getting down Eagle Road and what this would call for eventually is another stop light here between Victory and Overland and that I suggest to you is going to create a bottleneck and you have a lot of traffic that is going from Meridian out to Kuna and back, everybody to the freeway, to get to the jobs. And we suggest to you that this is not only not good for the church and maybe not good for the developer, but it is also not good in terms of moving traffic through this valley and taking traffic down that major highway to start putting lights in that middle mile. And we are delighted that there is a light going in at Victory and that there is a light at Overland. I recall when we were moving our business here that we did not have a light off the freeway exit coming over from Nampa and, Mayor and Mr. Bird, you may remember that we as a company suggested that we needed a light there and, in fact, we volunteered that we would help pay for that light Meridian City council October 24, 2006 Page 22 of 67 and we did help pay for the light. So, I understand the need for lights and, frankly, have been involved in helping pay for lights and if we felt this was the right thing, we would raise our hand and do that, but we don't think this is the right place to put this light. Consequently, there is one additional item that we think we should point out and that is as you talk about the use of the property -- and I know that Mr. Rountree has asked what's the use of the additional property. I want to talk about something that is not in the record and I have asked some of the church members why is it not in the record and it has to do with the use of the property on the north side and I'm going to point -- if this works and, if not, I'm going to use my own. De Weerd: It's a good thing you guys come prepared. Johnson: Right up here. Right up here. There is no record on what the church has planned here and so I'm going to tell you what it has planned and I have a couple of documents to also submit regarding that plan. Maybe I can give those. I understand maybe these can be shown on an overhead if I give these to someone. Because when the -- when the church asked me to speak they said, you know, there is something we plan doing there and that is they plan on putting park facilities in there and the park facilities -- in fact, they have talked to church members about donating money to help build that park. But up here -- and you're going to see on one of the drawings that I have submitted -- actually, right in the middle of the proposed road there is a gigantic tree. It's a basswood tree and what you're going to see -- the documents I'm submitting to you on behalf of the church and the three documents, that tree has been designated I think as the largest basswood tree in Idaho, maybe one of the largest in the United States, and it's right in the middle of where this road would go and it needs to be protected and it can't be moved and we are suggesting that that be made into a park and, frankly, the church is suggesting it be made into a park and certainly everybody would have access to that facility, but the church would be paying for that. And another reason why it's not a good idea to start putting a road in there or something we call a collector that I'm not sure that when a road goes like this and like this and like this and all the way through Bear Creek, that that truly meets the definition of a collector. Consequently, we would suggest -- and we will see if we get those -- get this item up. If we don't, I'm going to ask that perhaps Council can look at those before it makes its decision today, but you will see exactly what we are talking about in terms of how that is. We believe that we have appropriate access. This is the north part of the property and that's the tree right there. And so you will see where the -- where the proposed road goes and that's where that large tree is located. If we can go to the next document, we might -- we might find the certificate on it. We will see. The certificate is signed by -- by professors at the University of Idaho. Here it is. Idaho big tree. Valley Shepherd Church is the owner and protector of the following Idaho champion big tree. As of this date the largest of its kind recorded in Idaho. American basswood. And we have these Ph.D.'s from the College of Natural Resources at U of I who stated that. And that's right in that location, therefore, I suggest to you another good reason not to be putting a road there. Finally, I will just say that we certainly appreciate the opportunity to address you tonight. I was at a luncheon yesterday where a very fine author has written a new book about Abraham Lincoln and in her book she points out Meridian City Council October 24, 2006 Page 23 of 67 that Abraham Lincoln was one to say that sometimes he changed his mind and reporters would ask him why did you change your opinion about a certain subject and he would answer and he would say, you know, I would like to think I'm wiser today than I was yesterday. And I think with some of the information you're going to have tonight, we can all look together and nobody's made a mistake in a recommendation or what they have done, but I think that after we have all of this information we are all going to be able to say we are wiser today than we were yesterday in helping make this decision. Thank you very much. I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you very much. Johnson: Thank you. De Weerd: Okay. Does the Bear Creek Subdivision have a spokesperson? Okay. Seeing none, I do have some people who have signed up to testify and before I call those we did receive a number of e-mails today and I will just read the last names. Van Hall. Jagosh. And I apologize if I just mutilated that name. Ortega. Anders. Tennison. And Perkins. Sapps. Hunnicutt. McBride. And the other ones were already called into the record. So, with that said, I do have -- if when I call your name I will also indicate if you're for or against. If you would like to provide testimony, please, come forward at that time. Harold Cluff signed up against. And you will have three minutes. If you will, please, state your name and address. Cluff: Good evening, Madam Mayor and Members of the Council and staff. My name is Harold Cluff and I reside at 650 West Kodiak Drive in Bear Creek here in Meridian. De Weerd: Thank you. Cluff: I first want to thank you for the opportunity of saying something this evening and I read your sign about concise remarks, but being of the old school, I have a short story that will illustrate what I want to put across this evening. In the late 1800s my grandfather and some of his associates herded cattle in Southwestern Wyoming. Once a month they were given their paycheck and they all went into Laramie where they'd get a hot bath, good meal, and, then, go to the local saloon for some entertainment. On one of these occasions Eli met a young lady there by the name of Miss Katie. She had the most beautiful red flowing hair that he had ever seen. She was the lead singer and dancer in the chorus line. Her teeth were as white as pearls and just as straight as they could be and sing, oh, how she could sing. After the performance was over Eli invited her to come to their table. And before an hour was up Eli asked her to marry him and to everyone's surprise she said yes. The next morning in their hotel room as Eli began to wake up, he looked across at the nightstand and there he saw that beautiful flowing red hair resting on a wig stand. Now, if that wasn't enough, next to it was a glass of water Meridian City Council October 24, 2006 Page 24 of 67 that contained those beautiful straight white teeth. As his bride began to wake up, he said: Sing. For heaven's sakes sing. Well, let me go on. Over ten years ago I retired as a 747 captain flying international routes for Northwest Airlines. Because my trips were 11 and 15 days long, I also received 15 and sometimes 30 days off between trips. To utilize this time, I developed two companies in the east valley next to Phoenix. One was the H.F. Cluff Development Company. The other was H&E Home Builders. I mention this only to let you know that I have some experience in the problems we are talking about. Is that on already? De Weerd: Already we need you to summarize. Cluff: I will summarize. Now that I see the changes that are trying to take place in the high density zoning and the changes to Bear Creek, the road, I find myself in the same position as Eli as I say to you as a Council: Sing, for heaven's sake sing. Let something be real like it was when we first bought that property. Thank you for your time. De Weerd: Thank you, sir. Cluff: Oh, I have a letter from a neighbor that asked me to hand deliver it to you. De Weerd: Thank you. Mrs. Smith, can you, please, read the name into the record? Smith: Thank you, Madam Mayor, Members of the Council. This letter is written by Amanda Olsen, who lives in Bear Creek. De Weerd: Okay. Thank you, sir. Brian Forney signed up against. Good evening. If you will, please, state your name and address. Forney: My name is Brian Forney and I reside a 645 West Kodiak Drive in Meridian. De Weerd: Thank you. Forney: Madam Mayor, Councilmembers, three minutes isn't very long, so I'll -- I'll leave the statements about density and property value and all that to my neighbors. I'm sure they can cover that. I imagine you will be hearing that. But I have a unique perspective. I work from home. I have an upstairs office and it looks down on the end of one of the many walking trails in the Bear Creek neighborhood and what I see from my office is children, parents, dog walkers, old people, sometimes with bikes pulling little ones behind but they are coming down the trail and they are going to the park and, then, later they come back from the park. There is a big stream of people that use those trails to go to the park. So, what I want to talk about is intersections that don't really show up on your map, the intersections between the pedestrian traffic and the roadways, and specifically I want to limit my comments to the collector road. As I watch the children cross they don't always look, they don't always even stop, but it works -- you wouldn't think it would, but it does in our neighborhood, because the cars drive slowly. Our Meridian City Council October 24, 2006 Page 25 of 67 street doesn't really go anywhere. Everyone on it is either a neighbor or someone visiting a neighbor. It's amazing how controlled people are. My concern is if we decide to put a collector road -- or let me be more clear. A through road from the arterial -- from the one mile grid roads through our neighborhood, that that will bring our children in contact with a different type of driver, someone who uses that road just because it will save them a minute to two. The only reason that person is in our neighborhood is because it's faster. So, that's my concern. My concern is -- and I would urge the Council not to put the collector through. The neighborhood really is built up. The walking paths are in place. They are not at comers. They are heavily used and they are used by children. Putting a through road through with all of the traffic pressure we have would cause an undue danger to the people who use those walkways. I would also like to point out that within our one mile grid we have the half mile road at Stoddard. It connects to the mile roads at Victory and Overland and it can easily take the traffic around our neighborhood without putting our children in danger. Thank you. De Weerd: Thank you. Okay. Andrea Puopolo. I'm sorry. Sign up against. If you would like to provide testimony you will need to come up. Okay. We do have you on the record as being against. Okay. Tammy Carlton signed up against. I'm sorry, either you come to the microphone or we just record your -- and I think we have a letter from you as well? Carlton: Yes. De Weerd: Okay. If you will, please, state your name and address for the record. Carlton: I'm Tammy Carlton. My address is 320 West Cub. De Weerd: Thank you. Carlton: I'm brand new to this subdivision. We just moved in three weeks ago. And we came from Kuna. I would like to say to you in Meridian that we are so happy with the warm family feeling that we get from Meridian. That was something that we were scared about leaving in Kuna, because it is very family centered, but I think it's really helped to move to Bear Creek, because as the gentleman said, it is highly family centered. And I would just ask you to make sure that you're making the right decision and thinking about the children that are on these streets. If you have been there at 4:00 p.m., the amount of children is immense and I don't completely know all the structure of the streets yet, because I am new, but I just really hope that you're looking at the effects of this road and potentially where traffic is going to go. The paper that came to our home showed a road pretty much dividing our subdivision in half, starting at Meridian Road and coming down and, then, making a 90 degree tum on and I don't know if this is actually true, because it was pointed out that perhaps it is not meant to go completely through our subdivision, but it is very disturbing to me that perhaps it could make that 90 degree tum onto Cub, which is two houses away from where I live, and, then, make another 90 degree turn onto Kodiak and. I don't think that we should be making a half mile road go through the subdivision. It wasn't built for that and it -- certainly the Meridian City Council • October 24, 2006 Page 26 of 67 children cannot have that all of a sudden brought to them. They are not used to it. Thank you very much for this attention. It really looks like this is being addressed appropriately. Thank you. De Weerd: Thank you. Okay. I have a group that is signed up together. Ivy Smith, Jessica Cason, Hailey Cason, and Carolyn Smith signed up against. Okay. They will need to speak into the microphone. You can pull that down. Yes. Thank you. You will need to, again, read names into the record and give an address. Thank you. I. Smith: My name is Ivy Smith and I live at 2715 South Hibernation Place in Bear Creek. Cason: My name is Jessica Cason and I live at 2893 South Denali Way, Bear Creek. H. Cason: My name is Hailey Cason and I live at 2893 South Denali Way, Bear Creek. C. Smith: We love to go the Bear Creek Park. Currently our parents let us go by ourselves, because there is not much traffic and those who do live there go very slow, because they care about keeping the kids of the community safe. J. Cason: There is no other way for us to get to the park but to cross Kodiak. The street that may become a collector road, our parents expect this road to get quite busy once the middle school is put in as the collector road will lead directly to the school. I. Smith: If you allow Kodiak to become a collector street, our parents will not allow us to walk to the park alone anymore. We know what that means. We will hardly be able to go, because our parents will be too busy to take us. Plus I'm nervous about crossing a busy street anyway. It just doesn't make sense to put a collector street right smack next to a park where lots of kids play when there are other choices available. Please don't allow this to happen. Thank you. De Weerd: Thank you. Okay. Well, you know, I'll really have to -- we don't get very many young people testifying in front of us and so because I have -- I run the meeting, I get to do whatever I want and so I would like to present the three of you with City of Meridian pins. If you guys will come up and get those. I must say, we have been very impressed with how they have behaved during the meeting tonight and thank you so much for your testimony. Okay. We have Ray Schild who has signed up for. I'm sorry, you cannot comment off the record. You need to be on the record. So, if you would like to comment, I would invite you forward. Okay. Thank you, sir. You are on the record as for, though. Okay. Kevin Borger. You can adjust the mike. I don't think you're that short. Borger: Kevin Borger, 169 West Cub Street. And that's in Bear Creek, Meridian, Idaho. I was hoping Ray would follow the kids, so I didn't have to. They gave a very good presentation. My purpose in being here is a lot more selfish than theirs. This picture is from my back patio. You can see the church structure going up there. They have Meridian City Council October 24, 2006 Page 27 of 67 assured me that the dirt piles will be moved and I will have the access to the church that I intended when I bought the property, since I do attend Valley Shepherd and we look very much forward to being in close proximity. If I could have the next slide, please. Next picture. If you can look at that, that's also from my patio out to Meridian highway. The point being the elevations are such that should you decide a road is appropriate, I will be the fortunate recipient of every headlight that turns off of that road. My house is designed, obviously, as most people's is, so that the bedroom and living quarters are at the backside of the house and the elevation just can't be changed. This is telescoped in a little bit. You can see the -- all trees there where it's -- they intend to use as a park. The cars going across there. And the next one is a -- my attempt to try to show the headlights as they zoom passed on the highway there. But you can see the elevation that the lights will be visible from my back patio and, obviously, my bedroom windows. I talked to one of the planners and he assured me that, well, there is going to be a buffer that's going to be 12 feet from my fence to the road and, Mr. Bird, that's less than a false start away from my back fence and that's just not very much. And so I think what I'm trying to say is obvious, that if the road goes in there, either it's needed because of all the traffic, which means every one of those cars will come right by my back fence into my window or it's not needed and let's just not put it in, so I don't have to deal with that. Thank you. De Weerd: Thank you. Okay. Those were the names that signed up to testify. Is there anyone else who would like to provide testimony on this application? Okay. If not, we would ask the applicant to come up to have wrap-up remarks. You have five minutes. Schultz: Thank you, Mayor and Council. Matt Schultz, 2127 Alaska. There is really not a whole lot to rebut. I think the testimony was very light on the density. People don't like something different than them. We do have some lots smaller than what Bear Creek is. But the reason we put those in there was to have a good mix of prices -- in fact, there was some church members that said -- they are older retired that said are you going to have any patio homes? I said, well, we can try. And that's what we are doing. We are trying to give some patio homes back up against the church and that's the only reason we are getting our density over four and we are just -- just four and a half. So, I think the density is -- I hope a minor issue. The bigger issue being the collector road, which it's fairly unanimous that even if it didn't provide an adverse impact to a relatively small site like ours and the church's, it is unnecessarily carving up the church property and, then, you infer from all the Bear Creek neighbors that they are very worried about that going in and I am, too, as a neighbor. I walk out there with my son and we enjoy the interconnectivity and, then, it's quiet. And with the 55 lots it's still going to be quiet. You put that road through there, it's not going to be quiet anymore. You know, the middle school and the park site cut through. I have been saying that for months. We are going to get cut through. It may not happen overnight, but over time people are going to learn that that's a cut through and they are going to use it more and more and more and they are not going to -- like was said -- there was some really good points that were said better than I could have made them as the reasons against the collector. The people that are going to use that road aren't going to care as much and, you know, they are right, they are just not going to care as much. I had a kid run out in Meridian City Council • October 24, 2006 Page 28 of 67 front of me the other day in Bear Creek, but, fortunately, I was driving slow and I was able to stop and he wasn't looking, but it was all right. It's what we have to watch out for and teach are kids not to play in the road if we can do that. Really, what we proposing here is something that fits. It's something that's consistent with what Meridian has approved in other areas. It's a good mix. We are going to have a tough time keeping our home prices under 300,000, even on the smaller lots. It's just kind of where things are at right now. We have got a high end product, we have got good amenities, we'd like to -- we have a traffic study that was done after Planning Commission, because one of the reasons, in my opinion, Planning Commission didn't squash the collector as well was staff brought up what if in 30 years ITD comes back and does a right -in, right -out here? What if? We are surely going to need that collector. And so we went back to our -- Mr. Funkhouser, who is our well respected traffic consultant, who tells us the straight truth, he doesn't make up any numbers, he ran the numbers, then, it's still fine. You know, there is no what if. In a hundred years it's still going to work great. So, I think we just want to make the collector go away once and for all, let our neighbors rest easy at night that they still have the same neighborhood they bought into and I guess with that we will ask for your approval. De Weerd: Okay. Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Since Matt somewhat testified for Mr. Funkhouser and I see him in the back of the room -- Schultz: Have him get up here? Rountree: -- maybe have a few minutes with him. Schultz: Great. Thanks. I called him up and I said get down here. He will be up earlier than we thought. Rountree: Well, you're paying for him, he may as well say something. Funkhouser: Gary Funkhouser, traffic consultant with Stanley Consultants at 1940 South Bonito Way in Meridian. I'll stand for questions. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Gary, Matt indicated you had done a traffic analysis. Give me the 30 second rundown of your -- Meridian City Council October 24, 2006 Page 29 of 67 Funkhouser: We have, actually, done a couple of them for them, because they were concerned themselves as to whether they needed a collector road out of there. So, we counted every intersection around this site to find out which way the traffic is going and how much traffic it was at each one of these intersections and, then, we took the vacant lots and did the projections for the ones that are in the south and that's the Strada Bellissima and the church and the residential of 55 lots and, then, distribute them out to the network to see whether the roadways would violate ACHD guidelines and none of them would. In the collector roadway in itself, again, one reason ACHD didn't like it was they talked about retro fit. In other words, the time to plan a roadway through this area would have been when Bear Creek came in originally, because if you look at it, as everybody's pointed out, what would be the collector roadway is Kodiak, is all front -on lots and it would become a cut through for a junior high or they talk about the redevelopment off of Edmonds and Roslyn where they would bring a new road out there. We don't know what would go in there, whether it be residential or commercial, and you have some 300 lots on the other side of Bear Creek that would use this to cut through to get to -- if there is commercial or whatever on the other side, so -- and they said, well, what happens when the state comes through and makes those right -in, right - outs. So, we looked at that situation. Stoddard is the collector roadway. It actually starts and goes only one mile, because there is no way it's going to go across the interstate and it runs into commercial. It can't go south, because there is already development to the south. So, it's just a short street in there. So, it isn't going to pick up future traffic 30 years down the road. So, we had Compass look at what traffic is going to be in the area. Thirty years from now you will have about 23,000 cars a day on Victory, you're going to have 30,000 cars a day on Overland. You will have a signal very shortly up on Stoddard. Some of the neighbors before were worried about back up now. Well, that's going to be solved with the widening. And the maximum vehicular movement out of this area we see is going to be somewhere around 5,500 up there in the north and about 2,500 in the south, which is way below ACHD's guidelines for collector roadways on the north -south. If you open that up in the middle you run the risk of exceeding their thousand limit on those residential roadways that are in the middle there. The church has testified that they are satisfied with their access and so the conclusion was the only reason would be for it to warrant a traffic signal at sometime in the future, if the other side develops, it could warrant a traffic signal by itself. When you do traffic signal warrants for a minor roadway, you only look at one side, you don't look at both, and since the state does allow signals at the half mile point, you can actually put a signal in as a systems warrant. In other words, to keep the traffic platooned. So, there is a number of warrants that could be met without having to have the volumes. So, the final conclusion was that a collector roadway it really isn't necessary to serve this whole area in here. De Weerd: Okay. Funkhouser: Thank you. De Weerd: Anything else, Council? Meridian City Council October 24, 2006 Page 30 of 67 Bird: I have none. De Weerd: Okay. Thank you. Okay. Anything final from Council? Generally not, but, Council, would you like some rebuttal by the church? Rountree: I have no problem with comments. De Weerd: Okay. And since you have your attorney hat on, I will give you two minutes. No. I -- you can have -- Johnson: Thank you, Mayor. Rebuttal by a church almost sounds anti -religious anyway, so I better put my attorney hat on. Well, thank you and I just on behalf of the church want to thank all of you and the neighbors and those on staff for letting us be here tonight. Just three points I want to make quickly. One is I know that I read in some of the testimony in Planning and Zoning some concern about safety, getting fire trucks and police cars to this part or even other parts of Bear Creek. Our church is open, too, and is working on the possibility of some sort of unique cross -through or easement for fire and public safety. So, that shouldn't be an issue and that shouldn't be something that would bootstrap us into having to do this. We talk about a traffic light. Just with my experience for our business, having helped buy a traffic light -- and we hear it's the last chance, I always try to -- try to figure out what's being said and what isn't being said, and I will tell you the church has some concern that when we hear of last chance and traffic lights and roads, that, then, the next step is who is going to pay for that and the suggestion that maybe the church is going to be required to pay for a traffic light that could cost five or six hundred thousand dollars and pay for a roadway and I just want to say that, because nobody's talked about that and nobody's talked about who pays for it, but I think it's something that needs to be mentioned. And the final thing I want to say -- and I'm going to put a different hat on, Mayor. Last year, as you know, I have acted as chairman of the Boise Metro Chamber of Commerce and we have talked repeatedly about regional cooperation and it seems to me when the Ada County Highway Distinct has one hearing, has another hearing, has input from Planning and Zoning and says, no, we do not want to put a light in the middle of this major traffic way and we talk about regional cooperation between our cities, our highway district, and our transportation folks -- and, by the way, at one time ITD said, no, they didn't want it and, of course, we got a change in leadership there and now they say it would be okay. I suggest just for regional cooperation it would be a good idea to pay attention to the county highway district and not put it in there. Thank you very much. De Weerd: Thank you. Any questions for Mr. Johnson? Rountree: I have none. De Weerd: Okay. Thank you. Okay. Is there any final words out there? Seeing none, Council, any further information needed? Rountree: I have none. Meridian City Council October 24, 2006 Page 31 of 67 Bird: I have none. De Weerd: Staff? Canning: Madam Mayor, Members of the Council -- De Weerd: Just remember no new testimony. Canning: I know. Just that the reason we just always wanted you to be able to make the decision on the collector roadway, but if you decide not to require that, there is an issue that was raised by staff and, then, just raised by the church and that's secondary access from the church. Right now they have one way out through to a light and that is through Strada Bellissima and if you could address if you want some sort of connection to the proposed stub street or the required stub street, actually, from the church parking lot to that. We have not seen any negotiations for secondary access to the fire department. I think the church representative just mentioned that they were working on it, but we -- that is not part of this proposal at this time. De Weerd: Okay. Matt, do you want to comment? Schultz: Thank you, Mayor and Council. Matt Schultz. We have not had direct communications with the fire department, but if Anna can -- can you go to the landscape plan, please. Thanks. We have been showing since day one -- and it says right here fire access, pedestrian path. This would connect to the church parking lot. We have shown, knowing that that was the alternative to the collector. The church got their CUP approved with no connection to any collector. We are totally open to doing that. And it doubles as a pedestrian connection as well. We think that a full access of any sort would promote some cut through. We'd like it to be fire and pedestrian only and, then, the church -- anybody that happens to go to church that lives here would just go around and to the church. It's a short little jaunt, so -- thank you. De Weerd: Okay. Thank you. Okay. Council, anything further? Bird: I have none. Rountree I have none. De Weerd: Okay. If there is no further information -- or no further comments or information needed, I would entertain a motion to close the Public Hearing. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the Public Hearing on Item 12 and 13. Meridian City Council • October 24, 2006 Page 32 of 67 Bird: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 12 and 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Is there any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: It appears to me that the overriding issue here is the -- whether or not there is access through to the state highway to the east from this particular subdivision. We apparently have a resounding no from ACHD that they neither want it, nor do they think it's necessary. We have heard from a traffic engineer that it's not necessarily needed, wouldn't be needed or require a warrant there in the future, unless traffic platooning was necessary to have a light there. It would be a requirement just because of traffic volumes. The applicant did use a mix of lot sizes and, actually, put lots larger than an R-4 requirement, which they are adjacent to -- adjacent to Bear Creek and transition to the smaller R-8 type of lot to the church property, the indication that they would be willing to provide emergency access through the church property to the stub street and at least two pedestrian access points between the subdivision and what may or may not occur to the east. So, you know, having heard what I have heard, by not moving and requiring that particular access connection, it seems to me that most of the issues are resolved. So, at this point I am inclined to be favorable to the request for modification of the development agreement and preliminary plat. De Weerd: Okay. Any other comments? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I would agree with Councilman Rountree in a number of issues and I can understand staffs concern with -- at least considering the access to the state highway and the collector road. I think Anna and her staff have found that the City Council asked staff to get input from the community and the neighbors and I think we have had that today. Resoundingly so in a number of manners. So, I would agree that we can achieve staffs additional goal of safety and public safety through the applicant's mention of a pedestrian path with what I assume is a bollard at the trail head. Density for me is an issue on this particular application. I understand that the mix of lot size is transitioning from the larger lots to what is the church property and, then, potential Meridian City Council October 24, 2006 Page 33 of 67 additional use. So, I can agree that those are appropriate in this application. So, I guess I would be favorable without the addition of a mixture. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, I agree with what -- the other two Councilmen. My one concern is definitely the density, but they did -- they did address it and they did make the lots that back up to Bear Creek larger than R -4s, which I appreciate. And also appreciate staff for bringing this forward with this concern and I, too, can support this project. I think it's very well done. I wish they were all R-4 lots, but when you pay the money you pay for land now days, you got to make the pencil work. Rountree: I have one final comment, Madam Mayor. De Weerd: Okay. Mr. Rountree. Rountree: And this is for Ivy and Jessica and Hailey. Thank you, young ladies, for being here this evening and talking to us. I would very much encourage you, though, to make sure that your parents do have time for you and do have at least one of them accompany you on your trips to the park, please. Bird: That's right. De Weerd: Good message. Okay. If there is no further comments, Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MI 06-004, modification of the development agreement between the City of Meridian and Valley Shepherd Church of the Nazarene and to include all staff, applicant, and public testimony. Rountree: Second. De Weerd: Okay. I do have a motion and a second to approve Item 12. Anna, do you need any clarification? Canning: Madam Mayor, Members of the Council, if you could just state for the record, Mr. Bird, that that would include not providing the collector street, that would be helpful. Bird: That would include not providing a collector road out to -- Meridian City Council is is October 24, 2006 Page 34 of 67 De Weerd: But that would include the emergency access. Bird: The emergency with a bollard or whatever they want to put in there. De Weerd: Okay. Rountree: Protection of basswood tree. Bird: Uh? Rountree: And protection of the basswood tree. Bird: Well, protection of the basswood tree, yes. That tree is already taken care of; right? De Weerd: We have seen the certificate. The tree is protected; right? Bird: We wanted to protect locusts. De Weerd: And there is a park in there. I know that's not on this application, but we like to see parks. Okay. Any further clarification, though? Okay. Any further comments from Council? Rountree: I have none. De Weerd: Okay. I do have a motion and a second. Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 13. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve PP 06-040 to include all staff, applicant, and public testimony and also -- this is the preliminary plat to make sure that there is an emergency access up there at the north end. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. If there is no discussion, Mrs. Smith, will you call roll. Meridian City Council October 24, 2006 Page 35 of 67 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Thank you. And thank you young ladies for joining us and the rest of you as well. We will take a five minute recess, just so we can kind of gain order. (Recess.) Item 14: Public Hearing: MI 06-008 Request for a Miscellaneous application to amend the previously approved Development Agreement (AZ 03-025) by removing a provision requiring all future development to be subject to a site specific Conditional Use Permit or a Planned Unit Development for the entire property for Blue Marlin by W.H. Moore Company — Northwest Comer of Ustick Road and Eagle Road: De Weerd: I'll go ahead and call this meeting back to order. We appreciate those of you who have stayed with us. Item 14, Public Hearing MI 06-008. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Blue Marlin application and it is located on the northwest comer of Eagle and Ustick. It's the CentrePoint property. And this is a request for a DA modification. The applicant is proposing to modify the existing development agreement to basically not require conditional approval to each lot within the subdivision. Instead, they are proposing to add a concept plan to the development agreement as seen here and place some use restrictions on the property. And I will let the applicant go into the details of that. I just want to let you know staff is supportive of that request. We generally find it unproductive to require conditional use approval for properties where it's a principally permitted use in the zone. There is some important information that you need to know that's not included in the staff report and that's the background for why this application is before you. When the city entered into the development agreement the applicant did not have a definitive concept for development of the property. They are now able to provide that concept. So, also when the city entered into that development agreement the City Council was the decision making body on those conditional use permits. So, the intent was that Council would have some understanding of how the property was developing prior to issuance of those building permits. But since that time the authority for conditional use permits is at the Planning and Zoning Commission. Staff, particularly me, has been concerned that the Commission's decisions with -- incremental decisions with regard to the development of this property may -- and, again, just may not be consistent with what the City Council had envisioned for the property. More specifically, I have heard general comments from the Council that they do not desire another Crossroads in town and it's not that Crossroads is bad, it's just acknowledging that Crossroads is an asset to the community, but that one of those was enough, that one large -- sometimes they are called big box strip malls, sometimes they are called power centers, depending on which point of view, but that the one we have is good and that we didn't need another Meridian City Council • October 24, 2006 Page 36 of 67 one. But as these conditional use permits have been coming through, it's clear that what we have going in is similar to Crossroads and I just wanted to make sure Council was aware of that. We talked to the applicant, figured out there was, basically, two avenues to get this concept plan before you. One was to do a development agreement modification, which had the added benefit to the applicant and staff of removing this conditional use requirement if Council was supportive of this concept plan. The other one was for me to appeal some of the planning decisions -- Planning Commission's decisions up to you for your review. I think the applicant and staff are both happy that we have this development agreement modification before you tonight, rather than taking the other route. So, that is the background of why this application is before you. But there is other side benefits to it. The primary purpose is to get this concept plan before you and to make sure that it's consistent with your vision for the community. We -- staff has recommended approval of the development agreement modification. We do have a written response from the applicant to the staff report. I did not have time to contact Mr. Seal regarding these — these modifications. We are in support of some of the things he's outlined in his letter, others we are not. So, we will need to go through those individually with you, unfortunately. I assume you have copies of that letter from the applicant. We have -- this is the site plan and I'll let -- again, let the applicant go through the details of it, but I just wanted you to know we do have some details he sent with regard to the gazebos and the trellis also. The outstanding issues for City Council -- really, it is the proposed concept plan consistent with the vision City Council has for this property. If, yes, are the development agreement modifications that the applicant has proposed acceptable. If no, what actions do you want. If, no, that City Council isn't in agreement with this concept plan, you will need to give us some guidance as to what actions you want us to take to achieve development that is consistent with your vision. I need the next steps if this isn't a concept plan you like. So, given that I would let the — let the details be brought forward by the applicant, but answer any questions you have related to the background of this or moving forward. De Weerd: Thank you, Anna. Any questions for staff at this point? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Mr. Seal. If you will, please, state your name and address for the record. Seal: Certainly will. De Weerd: You know the routine. Seal: I know the routine. Good even, Madam Mayor, Council Members. Jonathan Seal, W.H. Moore Company, 1940 Bonito, Meridian. I think before I get into the presentation, one thing that I did want to mention to you, back on October 23rd we did have a neighborhood meeting on this project. We were instructed that this is not a Meridian City Council • October 24, 2006 Page 37 of 67 requirement of the city, but we felt it was prudent. We had the meeting on the 23rd. In fact, we had it here in this chambers right here. I had one person show up. That was Jeri Hedricks, which is Wally Hedricks' wife. She provided the letter at that point. And if we can go back to the site plan, please. She -- Wally Hedricks lives right over here, but they indicated that they represented the homeowners along here and we have gotten -- I have gotten to know them very well over the course of the last few years, you can well appreciate. She had some requirements as far as a landscape buffer along here, fencing, berm, things of that nature. What you have and should have in your packet, which I did drop off, was a letter from Winston Moore basically agreeing to all of those conditions. We sent that letter to Mr. and Mrs. Hedricks and, as I say, we provided to you -- I think, again, we want to demonstrate that we are trying to work with the neighbors in the area and I think try to be sensitive to their needs. I think, as Anna said, you know, going back to history -- and I know there is some people on this Council tonight that sat in it before, we did come in for an annexation and rezone several years ago and at that point we did not have a concept plan and, hence, the requirement for the CU or PUD and I think it's probably become evident over time that that's probably not the most workable solution. What you have in front of you right here is a concept plan that we think is a pretty good representation of what this project is going to look like when it's done. It's probably difficult in this -- and I believe you also have color copies, but if you look at the square footage that's along here, we have some square footages. These are estimations of what we think the building sizes are going to be. What I do want to emphasize, although this will not change materially, these building square footages might deviate somewhat. So, I think that's important to explain. As far as these buildings, these locations, they are fixed here also, because of our agreement with Kohl's. As far as the pads out here, we don't show any buildings out here, but what we anticipate out here is these are going to be restaurants, banking, and possibly what I guess I would call either drugstore or convenience, such as Walgreen's or those type of similar ones. We are actually talking to several different restaurants right now. We would anticipate that these would also be probably some type of small retail type uses up here and back here we will have probably what will be possible retail, possibly office, service, retail type of uses. Up here in the comer -- and, again, and I know it's very hard to see on this one -- at least for my eyes it is, this is what's called a family center. That is a family operation which would be like -- would be like a bowling alley, there will be arcades, there will be other types of entertainment and we actually met with Sheryl Brown and Bud Henthom a couple weeks ago on this project and explained to them -- I hope I said that right. De Weerd: Well, I didn't know Bud got into economic development. Seal: We drag anybody we can, Mayor. Anyway, Sheryl brought him in. But I think the point that I'm trying to make on this is we explained to them -- and the representatives are here and they can go into more detail on this if you would like, but we talked about what this is going to offer. It's going to be a non -smoke, family type environment. It's going to offer after-school programs and I guess I won't, you know, paraphrase their response, they were positive. They thought this is the type of use that we need within this community for after school events and things of that nature. So, they were Meridian City Council • • October 24, 2006 Page 38 of 67 extremely positive to it. As far as the road here, this is the public road and I will talk a little bit about that in my conditions, too. This public road right now it is completed to this point. We have met with ACHD -- in fact, I don't know if Gary Inselman is here at this point, but they have agreed that this road for right now should end here. It will be blocked off until such time as it connects to Wainwright. But at this point it will be blocked off. But this thing is fairly well cast in concrete I think at this point. As far as developed, as you well know, this is Kohl's department store. We came in front of you, oh, about a year ago for Kohl's. We did a conditional use. They have this about 8.23 acres of land, which includes this. This is under construction right now. Anybody's that's driven down Eagle Road it's going to be hard to miss. G.I. Joe's, which is a major sporting goods store, is located here. Fifty-two thousand square feet. They have got about 40 stores throughout the northwest. We are starting construction of a building here, which has also been approved under CU and we are starting construction of a building here under a CU process right now. We are also talking to a variety of tenants who are interested in these buildings, as well as discussions with these. So far we think it's been a very successful project. Just very briefly, as you also know, along here we are doing the improvements of Eagle Road right now. You have probably seen all the barrels out there for quite awhile. Those will be out of here shortly. But, again, we are improving this with double left-hand turn lanes and stuff. So, Mr. Moore is doing that. I guess what I wanted to say -- and I think what kind of brought this to a head is over the course of the last month, as Anna said, we have -- we have had conversations with the city about the desire to enhance the shopping center. She mentioned the Crossroads. She said we don't want this to be a Crossroads. But what we would like you to do, Mr. Moore, is come in with some amenities or something where we can eliminate the CU in exchange for these things. What we -- what we have presented to staff and to the city is a couple things. One, we are submitting the plan -- the concept plan at this point, which was one of the key items that the city kept saying we need a concept plan. We have to know what you're doing and which, of course, is why the CU. That, to me, was the -- was the underpinnings of why we had to go through that and we agreed to it, we understood it. The other thing we heard a great deal about was pedestrian friendly. Again, the Crossroads. We have heard from certain people up here that it's very difficult to get between the buildings. We want a pedestrian friendly type of shopping center. Again, it's difficult, so bear with me, but you have got up here a walkway, you have got a walkway here, you have got a walkway here, a walkway here, and there is one for Kohl's. That's five walkways, which will allow people from either here or here to easily walk between the two and in my own humble opinion I would call that fairly pedestrian friendly. In addition to it, we also heard about the desire for gathering areas and if you can go to the amenities, Anna, and particularly the covered gazebo. Oh. Thank you. What we have come up with is actually two -- this is one of them. Okay. And there is the other one. We talked a little bit with staff about it and I think our reaction was the same -- if you can flip back to the other one, Anna. We felt that this one is probably the best. One, it allows people to sit underneath it when it's raining or its extremely hot outside or things like that. We think these are very attractive. This is nothing cheap and as I probably said many times -- and, of course, Winston has that reputation, we are going to build quality here. If we can build -- you can go back to the site plan again. In the site plan these things right now we show these gazebos, one here, one here, and Meridian City Council • • October 24, 2006 Page 39 of 67 one here. What we are anticipating -- and we have talked to staff at least there was no objection -- we may move those closer to Eagle Road, possibly over here. One of our concerns is blocking the visibility of the retailers and, obviously, we have to be sensitive from our leasing standpoint to that. So, they may be over here. But there will be three of them located at these three different locations. So, again, we think that that offers the opportunity for the gathering, if people do want to gather out there at the shopping center. So, I think in closing, at least on the presentation, I think what I would say to City Council and to the Mayor is I think what we are providing to you tonight is, one, a concept plan so you understand what this project is going to look like; number two, we are making this what we feel is a very pedestrian friendly project. I think it's very easy to get back and forth. Number three, we are providing you with the gathering areas that we have heard about in the past and that the city has desired. We don't consider this to be the same thing as Crossroads. We think that this is certainly a vast improvement over that, not, again, to take anything away from Crossroads. So, again, we would ask tonight that you do approve the modification to the development agreement to eliminate these CUs. We feel that we are providing the things that give you that justification for that. Now, going through the staff report itself -- and as Anna said, we had not had an opportunity to go through, so I would like to speak to these probably somewhat in general and maybe I can get some clarification on this and, then, Anna can speak to which one. The first one, which is 4.1, to allow smooth face block. What the staff report says -- they don't want any smooth face block. We understand that, but what we are saying is if we can use that as an accent, then, we think that that's not unreasonable. So, we are just asking that as an accent. It also talked about steel type panels. Again, we understand the concern for that. What we are asking for is that steel clad composite panels be permitted as decorative. So, again, it's enhancing the thing. It's -- again, it's trying to get back to the things within the staff report where you want these things to look like attractive buildings. The following one: All freestanding buildings may cross adjacent lines. What they are really talking about is along here, here, and here. What I was explaining to staff -- and I'm not trying to steal Anna's thunder and she can speak -- is it didn't want one large building being stuck out here along Eagle Road. That's not our intention either. One for pure economics. Frankly, it's not going to happen. I know that doesn't cant' a lot of weight with the Mayor or the Council, but, in reality, that's the truth. But what we would like to be able to do is have the ability to cross property lines. I would also state to you that within our reciprocal easement agreement with Kohl's, we do have restrictions as far as 8,000 square feet here and 10,000 square feet here, as far as buildings. So, we do have some restrictions. But we certainly don't anticipate in any way, shape, or form that there is going to be one or two huge buildings stuck up there. So, that's what that's for. Delete the first entry place. We talk about the lots on the west and north. What we did is we agreed to put use restrictions on these lots and these lots along here, because we realize that there is homes along here. But what we did is we are saying is if at some point down the road this gets zoned to say commercial or something like that or there is commercial down here, those restrictions should be eliminated. I mean if this was commercial you wouldn't be applying these use restrictions anyway. 4.1. All we are doing is -- again, this goes back to our use restriction. We are not trying to change use restrictions, we just thought you would -- a little bit more clarification of it. And that's all we did. We are just changing the way it's Meridian City Council October 24, 2006 Page 40 of 67 written and it's that simple, yes. We are not trying to change. Instead of outdoor at the end, we just simply put outdoor at the -- at the beginning to make it clear that we are talking about outdoor facilities, not potentially indoor, plus outdoor. Five point -- 5.13 it talks about the public road. In all due respect to whoever drafted that, I think it's rather convoluted. There is your public road right there. We are showing it on the concept plan. It's constructed to this point. ACHD has said we have to come up to this point. I believe it's fairly well cast in concrete and instead of that language, we would ask that it simply be deleted and it be noted as shown in the concept plan. I mean we are showing where the public road is going to be and we are really showing you where even the private drives are going to be. So, many of these are already in place. Canning: Madam Mayor? De Weerd: Yes. Canning: Mr. Seal, just to save you some breath, we weren't contesting 5-13 -- Seal: Okay. Canning: -- 5-G, or paragraph three. Seal: Okay. So, which ones are you -- Canning: Okay. 5-D, 5-H -- Seal: And I suggest that I can kind of go through these and clarify -- Canning: Okay. Seal: -- for you and, then, if we got any disagreement we can talk. Canning: I'm song. Go ahead. Seal: Thank you. Public pedestrian gathering areas, the requirement was 400 square feet. When we showed the original gazebo, which was about 422, that was kind of a concept plan, but because of parking and restrictions and stuff, we would like to have a range two to four hundred square feet. I mean 400 square feet I think is about a three or four car garage. So, it's a pretty good size seating area. I think 200 square feet is certainly going to be -- or 300 square feet is going to be a reasonable gathering area. We would like to have some flexibility in that. 5-G is just along here these particular buildings right here where there -- those sides where they are kind of drive lanes, for example, here, they are requiring some architectural features. All we are asking for is glass be included as part one. In other words, that could be an enhancement. Again. I don't see that that's a problem. De Weerd: Oh, glass? Are you kidding? Meridian City Council • October 24, 2006 Page 41 of 67 Bird: That's an enhancement. Seal: 5-H -- and I think this may cause a little bit of confusion in here, the issuance of building permits shall be deemed approval. All we are trying to say -- and maybe Mr. Baird can appreciate that -- is the development agreement speaks a lot about design. We have had lenders sometimes, even though a building permit is ready to issue, they will say, wait a minute, you have got a development agreement that's conflicting with it. We are concerned. We are not willing to move forward. We ran into this with Kohl's. All we are trying to say is once you issue the building permit, that satisfies any conditions of the development agreement. And I hope I'm articulating that fairly well. But, in other words, we have run into that with Kohl's, where they hang on something and they just say, no, we are really not sure. So, that's our concern there. Again, we are not trying to change anything. Ownership of record. That's just very recent. Winston Moore just changed it to Blue Marlin Investments, but Winston Moore is still managing partner. And, finally, Kohl's. Kohl's, as you know, is -- owns this parcel right here. They purchased it. They are under a separate CU and they are under construction right now. We would prefer that this not be part of the development agreement. It's going to just make things I think a little bit more confusing. It doesn't make any impact on the balance of the project and we would simply ask it to be removed. And with that I would be glad to answer any questions. Perfect timing. Wow, I'm good. De Weerd: I tell you, Jonathan, you're getting real -- Bird: You're right on -- Seal: Some people say other things, but -- anyway, thank you. De Weerd: Council, questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Jonathan, you mentioned in some of your comments you want to build quality and I appreciate that, because I think that's what we are about as well. But there was an oxymoron in your comments early on when you started talking about the lots on Eagle Road and selling pads to various entities and you used the Walgreen's and that's a hot button for me, quite frankly, because I think Walgreen's is nothing more than a concrete block with metal shades on it and the Council has heard me and so has Walgreen's. So, some of those kinds of stores that have a look that might not necessarily -- a look A that might not necessarily fit with what you're trying to accomplish. I know full well they have a look B and C and D and that is what I'm trying Meridian City Council October 24, 2006 Page 42 of 67 accomplish is to get something other than the look A that's the cheapest and when Wal- Mart puts them out of business there is going to be a lot of concrete boxes around the country that are going to be tough to remodel to make them look like something. Seal: Madam Mayor, Councilman Rountree, I'm glad you brought that up and that probably was not a particularly good example, but I think it will be. Walgreen's actually approached us about this comer down here. Walgreen's is going over here and the reason they are going over there, because Winston Moore didn't want them on that comer in a big box. So, again, I think speaking to your concerns, yes, it -- you know, the old saying, money talks and you know what walks. Yes, I have seen him do it before. He turns down products like that and that is a true case. I think what you will see over here at some point is a Walgreen's. It's probably in their marketing, just for that exact reason, so -- Rountree: Okay. De Weerd: And it was a good example, because it gave you an idea of what he's not looking for. And Meridian's never been in favor of a design review committee. It's an unnecessary step. But I think that this Council has had concerns about what design is and I know what EI Dorado looks like is exactly what we are looking for. So, we appreciate that approach and we hope to capture that detail here, so that we know what is going in there. And I believe that we have met with you and Cornell early on and talking about -- I see straight lines there, but what staff has told me is you want to use accent with your design of the buildings and that sort of thing, elevation differences, will you be encouraging that and a quality look. Seal: Madam Mayor, I think, you know, I have sat here and looked you straight in the eye before and you have mentioned before, Jonathan, these are straight lines here, why it is straight, and I would say to you at the time we are planning on staggering them. You know, we have talked to major retailers out there in the industry. Sinco is one of our partners, which is, in fact, building one in Treasure Valley in Nampa, and they have said staggering the buildings back and forth is a death wish for you. You don't want to do that. But we can -- and as it said in the staff report and we haven't fought with that at all -- in fact, we met with Cornell on it -- we can do it through design. We can do it through relief, the ups and downs, things like that, things that I don't -- I don't have all the terminology, but we can do that through -- and I think we can capture for you what you're looking for and still assure the ability to lease the retail space and be successful. And, obviously, we need both, we need a nice looking project, but we also need a successful project. I mean if it's all empty, even if it's pretty, it doesn't look good. So, we are very sensitive to that and I think with staff we haven't taken any dispute to any of their design requirements. If anything, I think we are trying to enhance it. De Weerd: I appreciate what you have tried to capture and alleviating what is really wrong at Crossroads and -- or is it Crossroads? Family Center? What is it called now? That dates me, doesn't it. But with the pedestrians given a safe crossing. It is a nightmare at that area and there has been some near misses and I know they are Meridian City Council October 24, 2006 Page 43 of 67 I* private parking lots, but we still take our responsibility for safety very serious and it looks like you have tried to identify some of that. Do you have any elevation examples of what you're looking for? And that is what we have seen on both of the south comers that gave us some -- some targeted looks in what they were looking for -- in what they were hoping to achieve and they -- the Council did integrate or adopt into at least the Findings, so everyone new kind of what it was going to look like. Seal: Sure. Madam Mayor, Council, no, at this point we don't and I would be deceiving you to say we could present something up here in front of you and say that's what it's going to be. What we don't -- what we want to do is shoot straight with you. What we can tell you -- and as it says in the staff report, we will go through — I mean if you look at, for example, Building B or Building I, we don't have it here tonight, but I think we have got some nice architectural features. We are working on this, the same thing. Again, it goes back to the fact that, no, we don't want it to look like just a plain box, but we also have to take into consideration what the retailer wants. For example, G.I. Joe's, you know, we worked with them as far as enhancing their building, but we also had to balance that with what they wanted. And so it's a delicate balance between the two. So, to put up a pretty picture and say this is what it's going to look like is probably going to be misleading. I think that's Building C, isn't it? De Weerd: Do you want to get that -- Anna, do you want to put that up? I guess we have been sensitive to the comments that we get about the Crossroads and Meridian has said we want a step up and without a design review committee and that's all we are looking for detail to avoid any miscommunication. So, that's only what I was asking for. Seal: Sure. And, Madam Mayor, I think we are going to strive toward that and, again, this is Building C and I think you can see some of the relief. Cornell would do a better job at using the correct terms on this thing, but, you know, you're not seeing just a straight box type of thing, you're seeing some features -- and this is not a terribly great representation. But, again, it -- go ahead, Cornell, you will do a better job than I would. Larsen: Mayor, Members of the Council, my name is Cornell Larsen, address is 210 Murray Street in Garden City. If Anna could go back to the picture with the gazebo, that might be a little bit helpful. This has got a partial elevation, what's going on in the background. The Kohl's facility has some canopies on it that are very similar to this, so we have tried to duplicate some of the canopies from Kohl's and drag them across into the shops and create some relief of the canopies, as well as add some cornice detail, pop some of these elements of the center operating entryways up and in addition to that we are trying to use a little bit different type of colors on each of these facilities as they go along, so it will have a little bit more of a variety. For example, on Building C, which is in this area of the shopping center, we will have a couple of tower elements here. We will be taking some of the colors of the block from the Kohl's and adding them to those elements on Building C and in addition to that we will probably be changing the colors a little bit, so each one of the facilities as we move along on each one of the store fronts will have a little variety of color to give it a little variation. We are keeping the shops -- these shops are set back about five feet, I believe, from C and from Kohl's, but we also Meridian City Council October 24, 2006 Page 44 of 67 step the facades back out to give it a little more relief as we -- as we move along, as well as pull these canopies out. You can't see, but behind the gazebo this also has another element in here that's very similar to this, without the tension canopy element. Sort of right there. And so that gives it a little bit of variety and a little bit of difference in each one of the facades as they will move along. If we go back to the -- if Anna could go back to the site plan for just a minute. This building is a building that we don't think's been done anywhere in the valley right now and what it is -- the intent is that it will have retail facades on all of the sides, it will have maybe a common corridor down the middle, so that the tenants could, then, utilize the common corridor to access as their back door. The front facades will, then, vary, as opposed to just having a stark building, it is only one sided, typically, in shopping centers, so there will be some relief all the way around this building. It does have a drive -up facility right here, which will be a -- there will be a small coffee shop here in this comer. So, there will be pretty good relief on all of the sides of that, with the intent of three of the sides being store front sides that are -- that are accessible to tenants. In addition to that, we are duplicating that building in this location, again, as we move further up the site to try to gain some variety of style in the buildings as we move through the project. And be happy to answer any questions if you'd like. De Weerd: Jonathan, you were right, he does a much better job. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Cornell, I'll suggest to you my opinion. On those gazebos, I hope you'd integrate both types in there, not just use that one type. Jonathan. I hope both of them go in, because I think they are both very attractive and have, you know, their different looks and I think that does add and, then, we don't look like one continuous box or whatever you want to call it. I think it's a nice looking setup myself. Cornell: Mayor and Councilman Bird, in the case of the gazebos we have kind of strategically located these walkways so that they come across the fronts of these facilities and we have actually put a little more space in front of each one of these -- in front of the north and south side of the building, so that we could have some outdoor tables. We have got about 15, 16 feet of sidewalk in front of those facilities. So, the intent was that there would be able to be some movement from these pads across the fronts of these buildings potentially into these walkway areas as they move from the Eagle Road side back into the shopping center side. De Weerd: Well -- and it might surprise you, but I have heard several people who would like to dine outside even along Eagle Road. You know, there are ways that you can shield the sign of traffic, but it surprised me how many people have said they would love to have outdoor dining in Meridian. They have it at Louie's and that's one choice. Meridian City Council October 24, 2006 Page 45 of 67 Cornell: Actually, Madam Mayor, we just did the same similar thing at Chicago Connection in EI Dorado where we do have some outdoor dining along side of Eagle Road. De Weerd: Well, thank you. Cornell: And it works pretty well. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I know that the staff has been back and forth with the applicant on a number of issues and I'm wondering if — as opposed to us design reviewing every building on the record, if Anna could provide some specific comments or if there is additional testimony. I know staff has some issues and I'm sure the applicant would like to respond to. Cornell: Also, if I might take just a minute. One of the comments we had was the use of some -- potentially some smooth CMU or block on the buildings. The intent there is that you put a whole facade or wall of split face block, it looks like a whole wall of split face block. If you put a whole wall of fluted block, it looks like a whole wall of fluted block. It would be really nice if we could have the ability to put some smooth block in there to create some accent lines or some reveals in the facade. The intent would be to use a textured block most of the time, but it would be nice if we could add some -- some smooth block. I would be happy to answer any questions or sit down and tum it back over to Jonathan. De Weerd: Anna, do you have comments that might be appropriate for Comell to respond to? Canning: I don't think it's necessary. I think he can sit down for now. De Weerd: Okay. Cornell: Thank you. Canning: Sony, Cornell. De Weerd: Well, I'll give you the appropriate wording. Council, any questions for Jonathan? Bird: I have none at this time. De Weerd: Okay. There were a couple of items, Anna, that you had mentioned you had some differences. Did Jonathan answer some of those concerns? Meridian City Council • October 24, 2006 Page 46 of 67 Canning: Some. I need to go through it in detail. If Council was leaning towards referencing this document, I need to go through it in detail with you. It won't take very long. De Weerd: Okay. Council? Bird: Go ahead. De Weerd: Okay. Canning: With regard to the applicant's first -- 4.1.A.3, this is the smooth faced block and the seal clad panels. The language as written, the last sentence says smooth face concrete block, tilt up concrete panels or prefabricated steel panels are prohibited, except as accent materials. And that language is consistent with our UDC. So, that it achieves the same purpose. I think that perhaps they just missed the last sentence there. So, I think we are okay on item number one with the way the development agreement is currently written. I'd prefer to keep the text consistent with the Unified Development Code, so that I only have to interpret things once, rather than twice. With regard to the second one. 4.1.13, all free-standing buildings may cross adjacent property lines. The problem with that one is that the applicant doesn't own all adjacent property lines. It would seem to give cart blanche approval to go onto someone else's property. So, I know that's not what he intended, but it could be read that way. I think that the existing code would allow him to go across the property lines as is, so there is no need to add that clarification at this time. With regard to 4.1.C, we are okay with the -- the language they have proposed. I do want to say -- right now it says adjacent to residential lots. It should say or districts, including the county RUT district, which is a residential district. And I would agree with what they are proposing there. On 4.1.0 the applicant probably doesn't understand that the way those uses are currently written is consistent with our UDC and we would prefer to keep it that way. Seal: Okay. We were just -- Anna, we were just concerned -- it almost implies that it could have been either indoor or outdoor and I know the intent with that and that's why we were a little bit -- I want to say concerned or just wanted that clarification five years down the road or three years or something, so I mean it doesn't say, wait a minute, that can't go outdoor. So, that was the only thing, but if it had -- if it's clear, I think we can -- Canning: I think we are okay with the way it is, because there is specifically one that says indoor, Jonathan, so I think that the outdoor is fine. Seal: Okay. So, one and two. And, then, I -- Canning: Three and four also. I would prefer to keep them consistent with the UDC -- Seal: Well, I think that on number three what we were trying to accomplish here is that, for example -- let's just say up here, this is commercial anyway and let's say that there is a type of service station or something there or something that has an accessory car Meridian City Council • • October 24, 2006 Page 47 of 67 wash, that's all we are trying to do. We don't want to eliminate that. It's just that, you know, accessory car wash. So, in other words, I think if you were — yeah, you don't want something that — a full service type of thing like what you have out here, for example, on Eagle Road, and we don't have an objection to that. We were just trying to add that. De Weerd: Oh, yeah, because she's gotten some -- Seal: Oh, I know, I have heard about it. De Weerd: Okay. Canning: Well, Madam Mayor, Members of the Council, I would be -- I would caution you against allowing vehicle washing facilities as an accessory use, because at this point we don't know where they would go on that. If it's only on one lot or the applicant is willing to restrict it to that one lot as just pointed out, then, that would be -- I don't see a problem with that. But right now it would open it up to any lot, so -- Seal: Okay. That's fair. I like it when we agree together. Canning: So, that would be at the southwest comer lot? Seal: Yeah. Bird: Repeat that loud and clear into it for the public record, please. Canning: The vehicle washing facility would be allowed as an accessory use at the lot located at the southwest comer of the CenterPointe property. Bird: Okay. Thank you, Anna. De Weerd: And that was more of a minor, not a full blown like you see on Pine -- Rountree: As an accessory. Seal: Yes, Madam Mayor. De Weerd: As an accessory. Seal: That's correct. De Weerd: Okay. Seal: So, there would be just that first lot. Meridian City Council • • October 24, 2006 Page 48 of 67 Caning: And number four I think was just a clarification, but the wire -- wireless communication facility is a tower. Seal: Okay. That's fine. Canning: I guess I don't care one way or the other. It is a facility and not faculty. Seal: All right. No, that's not a hill worth dying for. Canning: On 5-G that also references current code, but I think the applicant is correct in that glass can be used to break up that facade and that perhaps it's an omission of the current code, so -- Seal: Anna, what about five -- did we miss something? 5-E? Canning: Oh, yeah. 5-B is fine. We don't have any disagreement with that. Seal: Okay. And 5-D? Canning: 5-D -- what staff was concerned with was just that the generic statement that can be constructed of steel. We would rather reference the -- the elevations provided tonight. Seal: Madam Mayor, Council Members, that -- if we can go back to that -- that amenity with the covered gazebos. That's all we are concerned with. Again, I think it goes back -- Winston certainly would not be constructing something out of just bare steel, but it probably would be some type of steel. If you look at, for example, the arches over at EI Dorado business campus, they are constructed by Boise Metal Works and they are steel. So, what we didn't want is somebody to come in and say you can't do this type of stuff, which I don't think is the intent. So, that's why we included steel. Canning: Yeah. And it's just staff would prefer to reference the actual items they have submitted was all. Seal: Okay. Canning: Now I tum the page. Sony about that. Seal: What -- the square footage is okay? Canning: Yeah. That's fine. Seal: Good. Okay. Canning: On 5-G, the glass is -- staff feels is fine. This is a very odd hearing. On H -- Meridian City Council October 24, 2006 Page 49 of 67 De Weerd: I think probably that's more of a Ted question. Is it? Or do you feel comfortable with it? Baird: Madam Mayor, Members of the Council, I was going to seek some input from Anna with regard to 5-H. I would hesitate to give up any ability to enforce the provisions of a development agreement. However, if the planning director is convinced that at the time of the building permit you have assessed that they do, in fact, meet the restrictions, it's probably okay, but it's your process, Anna, so I think I will let you make the call. Canning: Madam Mayor, Members of the Council, before they can submit for a building permit, they have to go through certificate of zoning compliance approval and during that approval we will check for all the design things. So, they will not even begin the building permit process until they satisfy the development agreement. So, I was okay with that. I reacted to it first, because I thought he was suggesting that the building permit supplant the certificate of zoning compliance approval, but given his explanation tonight, I can -- I understand why they want that and that's fine. Seal: Thank you. Canning: With regard to paragraph three, the ownership, of course, we would want to reflect the current ownership. The Kohl's -- what the applicant has stated is that they don't want this amendment -- the Kohl's to be subject to this amendment. I think what they are asking is that Kohl's be removed from the development agreement completely and that's a different issue, because the -- I don't think we want the old development agreement provisions that say a CU is required to still apply for Kohl's. So, I don't think we want one development agreement for Kohl's and another development agreement for the rest of Centrepointe. So, I mean that's a -- that's a question for Council, but it would seem inappropriate to have two different development agreements, particularly where they share a parking lot and one of the gazebos is not -- no. Okay. None of the facilities are on that property, but -- Seal: If we can go back to the site plan. Canning: It just would seem awkward to me to have two development agreements existing on the property. Seal: Madam Mayor, Council Members, we are really not -- we have an existing development agreement, we already have one addendum or amendment to it regarding landscaping along here that I requested. All we are simply saying is with this one -- because particularly the fact that at Kohl's it's already been approved under a CU that they own this, that there is an existing legal description, legal lot for that, that this be excluded from this one, quite candidly, otherwise, it's going to make it -- it's going to muddy the waters for us, I guess, if you -- you know, to be blunt on it. And so we are trying to keep Kohl's out of this thing, because it's just going to make it more difficult for us. I don't think as far as the intent, if you look at everything that you're doing, whether Kohl's is here or Kohl's is not in here, it's not going to change the spirit of the Meridian City Council • October 24, 2006 Page 50 of 67 agreement. It's -- and we really don't care as much -- even, frankly, the other one -- the other ones talk about a CU. Well, they have already been given a CU. So, it seems like it's a moot point. So, we are simply asking on this -- we are not trying to be cute here, we are just trying to ask that this particular thing -- and we can provide the legal description, which is in your letter, it's excluded from it. It will make life for us much easier. But at the same time it will accomplish what you want. So, you're not giving up anything. So, that's why we are asking for it. We don't think it's an issue. De Weerd: Okay. Mr. Baird. Baird: Madam Mayor, Members of the Council, I guess -- I don't have an understanding for how it muddies the waters, so I'd like to hear more on that. But my concern would be -- heaven forbid the Kohl's doesn't succeed and that portion of the site needs to redevelop, I think you would want these restrictions to apply to any redevelopment of that lot. I think it makes sense to have one consistent the development agreement for the entire development. Seal: Madam Mayor, Council Members, unless I'm missing something, let's say that Kohl's does fail down the road, the existing development agreement is still in place, which is -- as I understand it -- I'm not an attorney, no more than an architect, that essentially, the CU requirement would still apply to this. So, they would have to come back for a CU. So, again, unless I'm missing something here, you're not giving up anything, you're not losing anything in this process, but it -- like you say, it's going to make it cleaner for us, so that's why. Baird: Madam Mayor, perhaps -- again, sticking with the concept of one development agreement, we could specifically call out that that lot shall be subject to the CUP process, if it ever -- if the use ever changes in the future. I'm getting a shaking head from Anna. Canning: Madam Mayor, Members of the Council, it's hard enough for us to follow develop agreements. To have one lot within an annexation that isn't subject to it seems awkward. When you have modified development agreements in the past, you have done some that say for Lot 1 the following will apply and you have modified -- we are going to basically have a full development agreement for the Kohl's property and a full develop agreement for the rest of the property all in one development agreement. I guess it's a matter of who's got the muddy waters. It looks like we are being asked to have the muddy waters at this point and, hopefully, it will never be an issue and maybe it's not an important issue, maybe -- maybe Kohl's could just redevelop under the existing code. Maybe the design regulations in place by the time that that might happen would be sufficient and we could just exclude it, but it would be easier to exclude it than to have two different development agreements going on. Seal: We again -- and, Madam Mayor and Council Members, you know, I may be repeating myself, but, you know, again, you enter Kohl's into it, they are not the easiest group of people to work with and they are going to scrutinize and they are going to ask Meridian City Council October 24, 2006 Page 51 of 67 questions and they are going to come back and it's just something that we are, quite honestly, trying to avoid here. Again, going back, I don't think that you're losing anything. I can appreciate Anna saying -- I think the likelihood of Kohl's going south is slim and none and I would just ask at this point, yes, we are asking for some -- for some willingness or cooperation on the part of the city that they would work with us on this. If it was as simple as walking down the street and have somebody sign it, I wouldn't be sitting up here trying to argue that. We are asking given the circumstances for some understanding and cooperation on this and that right now Kohl's still has this under a CU under the development agreement. You can leave that, that's your protection. I think it's going to be a non -issue for ever, personally. Is there a chance? Yeah, there is always a chance. There is always a chance something will happen, but I don't think it will, so we are asking for -- we are not doing it just because we -- we want to, it's just it really is just going to create some real challenges for us, so -- De Weerd: And I believe that. Seal: With that I thank you. De Weerd: I believe that. Seal: Okay. Thank you. De Weerd: I have seen some of their material. Seal: Yes. So, you can appreciate it -- De Weerd: Uh-huh. Seal: -- so we plead for cooperation. De Weerd: Okay. Seal: How is that? De Weerd: Council, any other questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you, Jonathan. Seal: Thank you very much. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Anyone from the family center? I -- if you met with Bud, I'm sure he has signed you up as a promise partner and, you know, family oriented, smoke free, that's great. Okay. I don't see anyone who would like to provide testimony Meridian City Council • October 24, 2006 Page 52 of 67 on this application applicant? Council, do you need any further information from staff or the Bird: I don't, unless they have got something they want to input that needs to be done in a Public Hearing. Canning: Madam Mayor, Members of the Council, going through the letter, you just need to address the ones that I -- I suppose I wasn't okay with. 4.1.A, 4.1.13, and Kohl's. I think the other one's your thoughts were pretty clear. De Weerd: And, Jonathan, I thought you were -- were you okay with the clarification that staff gave you on the 4.1.A and 4.1.6? Seal: Madam Mayor and Council Members, yes, we -- we don't see a big issue. My only concern with 4.1.13 is -- is I think it's a little bit misleading the way it is right now and that just gives me a little bit of pause. I'm not sure when I met with staff what exactly you meant by all free-standing buildings. So, if there is a way that Anna can kind of clarify that, so, in other words, a year or two years from now we are not getting into an argument, wait, we meant this, you meant that type of thing. That's really just my concern and I don't mean to nitpick, I know it's late and everybody's tired, but I also know in a year later memories fail -- or fade. Mine does. And so I just -- yeah, that's all I'm trying to strive for. De Weerd: Okay. Seal: If that makes sense. De Weerd: Okay. Anything else, Council? Canning: I can address that. The applicant has -- I believe in their application stated that there would be freestanding buildings on those lots. So, as you are seeing them now, they don't -- unlike the rest of the concept plan, they are not showing building envelopes for them and all that we did was pick up the language in the application that said that they would be freestanding buildings and put that in the development agreement as well and I guess we are just concerned that you would have a very large structure. We are anticipating a building that takes up perhaps the center half of those lots as proposed, so -- Seal: Madam Mayor and Council Members, we will live with it, then. I kind of understand where you're coming from and I think we can get it worked out. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I think it's -- I think we have addressed all the issues, except for the Kohl's property and I look to legal staff for some additional clarification. While I welcome the business to the community and think that things are going to be great and Meridian City Council • October 24, 2006 Page 53 of 67 0 they are going to good economic stimulus, I also remember that there is big box retailers in east Boise that are currently vacant and empty in a short period of time. So, I just want the city to be protected in the event that -- that the property needs to be redeveloped. Mr. Baird is there -- do you need some time to address that issue or -- I know I'm putting you on the spot. Baird: Madam Mayor, Members of the Council, I think your choice is clear. The planning director has to administer these development agreements. Once it's drafted legal staff is probably not going to see it, unless somebody from the planning staff picks up the phone and ask us to help them interpret it. So, I think you need to look for -- to your planning staff for what they are recommending and that appears to be that one development agreement should apply to the entire project. De Weerd: But, Mr. Baird, I guess that wouldn't be retroactive to a CUP that's already been approved. Baird: That would be correct. The approved Kohl's is, in essence, grandfathered and it would only apply on redevelopment of that particular portion in the future. De Weerd: Is that clarity enough? Seal: Well, I guess, again -- and I know I'm probably repeating myself -- what we just really want to do is keep Kohl's off of this amended development agreement and I -- maybe I'm looking at it very simple here, but I just see that you have got a development agreement with a CU that still applies to Kohl's. If they go south you can still apply that. The condition right now would not apply to Kohl's, because it talks about the design of the other buildings. I mean Kohl's is there. I don't think you're going to knock a 95,000 square foot building down if they do go south, so the design and everything is there, it was acceptable then, I would think it would be acceptable in the future. So, again, I guess I'm just asking for understanding of the planning director in the city on this to assist us in this, because, otherwise, like I say -- and you made the comment, you have seen some of the documentation, it's very challenging for us and I would just rather not go down that road or over that cliff if I don't have to. So, again, I'm just -- I know I'm kind of beating a dead horse here, but I don't know how else to say it other than please. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Anna, the CUP protects the city to the point that if they come back in they would have to adhere to the new development agreement, am I right, wrong, or indifferent? Canning: If the parcel were broken out and it kept the old development agreement and somehow we were able to remember that and find that when that redeveloped, then, they would have a CU requirement. I just I guess -- our ability to -- I think that the conception will be that Kohl's is part of this development agreement and -- it's bad. I'm Meridian City Council October 24, 2006 Page 54 of 67 assuming we will fail, basically. And perhaps that's not good, but I just really doubt our ability to keep track of that one lot, especially since it's -- it's not even a lot, it's a parcel, it's not part of the subdivision, it's its own parcel and -- but I wonder if the applicant's concerns would be addressed if we amended that, rather than saying this amendment shall not apply to the Kohl's parcel. If we said something like shall only apply to the Kohl's parcel described on attached Exhibit A upon redevelopment of the property. Does that help you or is the problem that they -- Seal: I think it's just where ever -- and, again, maybe you can help out -- I'm sorry. It will be the signature block. As long as it's Winston Moore, Blue Marlin Investments, LLC, however you want to put it, I think we are fine with that. That's what we are -- the bottom line is that's what we are trying to avoid. We don't want to see three signature blocks, one for Kohl's and one for us. So, if there is a way of accomplishing that, I'm thrilled. And that's really all we are -- quite honestly, that's all we are trying to avoid here, so -- so if there is a way of putting it in there or something -- Baird: Madam Mayor, Members of the Council, I don't think you can avoid two signature blocks, because the current application involves both property owners. So, your approval tonight, whether you have separate standards for Kohl's or not, they are going to have to sign it. Seal: Well, I guess if that's the case, then, there is -- De Weerd: You need to speak into the microphone. Seal: Oh, I'm sorry. I'm fading. I guess if there is no way to avoid it -- I'm certainly not a legal expert, I'm just trying to apply some -- yeah. Thank you. My common sense. So, if there is a way -- Baird: We will be having a side bar here, see if we can resolve your problem. Seal: Sony to beat one item here. De Weerd: Okay. Council, is there any other items outside of -- Rountree: That's the only one that I -- Bird: That's the only one -- yeah. That's the only one I -- Seal: I think that was signed -- De Weerd: We are trying to -- Seal: I appreciate it and I apologize for making this night longer than it has to be. Meridian City Council October 24, 2006 Page 55 of 67 11 De Weerd: They do have long memories, so -- this has been an unusual Public Hearing. Canning: Madam Mayor? De Weerd: Okay. Anna. Canning: Members of the Council, what we can do is we will put a reference in this development agreement that this doesn't include the Kohl's one and that there is a separate development agreement for Kohl's and we will separate them out. I think that Council's direction the last year has clearly been that we need more stringent design review than what's proposed in this development agreement and I think that you will find that the need to have the provisions of this development agreement apply to the Kohl's property -- I suspect you will want me to take care of that before the year end -- fiscal year end, so I think that those provisions will probably address the concerns for the Kohl's property. Baird: Madam Mayor, if I might add, as this development agreement is going to reference the existing one that applies to Kohl's, I would like to somehow process at least an addendum to the Kohl's one that cross-references to what you're creating tonight, so that they reference each other and I think that's going to require any signature from Kohl's. It's our best shot at being able to track it down the road and I think everybody can be happy with that. Seal: Thank you very much. Bird: Is that agreeable? Seal: Yes. Thank you. De Weerd: Okay. Is there any further testimony? Boy, you're highly paid, Winston, and so, you know, they brought you with them. Do you have any comment? Okay. Council, if there is no further comment -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close MI 06-008. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Item 14. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council • October 24, 2006 Page 56 of 67 De Weerd: Do I have a motion or discussion? Bird: Madam Mayor, if there is no discussion, I'd move that we approve MI 06-008 and to include all staff, legal and zoning, and all applicant's and public testimony within this revised development agreement. De Weerd: Mr. Bird, do you know -- Bird: I'm not going to sit here and list it out. That's what we take minutes for. That's what we got a tape for. Canning: Madam Mayor, the maker -- De Weerd: No discussion. Canning: Oh, you need a second. De Weerd: Do I have a second? Rountree: I'll second for discussion. De Weerd: Okay. Discussion. Canning: Madam Mayor, if the maker of the motion could reference the October 20th letter from Mr. Seal and the revisions made thereto, that would help us in -- Bird: I reference the letter from Mr. Seal and I would reference the public testimony that Mr. Seal and our planning director had regarding that letter and the agreements they made. De Weerd: Okay. Mr. Bird, if you will allow me at least to see if we are on the same page by nod of staff and applicant. 4.1.A and 4.1.13 are to remain as is. And 4.1.0 was fine with as the applicant commented in the letter. No? It was the other way around. Okay. Well, we appreciate everyone's agreement on that. With a -- no, the Public Hearing is closed, but I will muddle through this. We have 4.1.C.3 as an accessory use on the southwest comer lot. Bird: Yes. De Weerd: 5-13 was okay. 5-D was fine. It did reference the elevations that were provided by the applicant. Staff was fine with 5-G. 5-H, the applicant was okay with -- no. Staff was okay with the comment. And we found an agreement that -- don't ask me to repeat on paragraph three about Kohl's. Correct? Bird: I agree with that one hundred percent. Meridian City Council October 24, 2006 Page 57 of 67 De Weerd: I was close. Canning: Close, Madam Mayor. De Weerd: Okay. Anna. 0 Canning: On 4.1.0 we were going to add residential lots or districts including the county RUT district. De Weerd: Okay. Canning: And on paragraph three, that wasn't the tissue, it was the following paragraph that begins exclude Kohl's parcel. And that was the one that we came up with a solution about the -- modifying the existing development agreement. De Weerd: Okay. Well -- yeah. Okay. Paragraph three was okay as per the letter. And the Kohl's parcel has been discussed ad nauseam. Okay. Okay. With that clarification, the motion and second are still in agreement. Rountree: Second agrees. De Weerd: Okay. Is there any further discussion? Okay. Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: Public Hearing: VAC 06-012 Request for a Vacation of 2 feet of the required 5 foot side drainage and irrigation easement on the east side of Lot 16, Block 12, of Paramount Subdivision No. 7 by Brighton Corporation —1037 West Bacall Street: Item 16: Public Hearing: VAR 06-022 Request for a Variance from UDC 11-2A-6 that requires a 4 foot interior side setback in the R-8 zone to allow a 3 foot side setback on the east side of Lot 16, Block 12 of Paramount Subdivision No. 7 by Brighton Corporation — 1037 West Bacall Street: De Weerd: Thank you. Okay. Items 15 and 16 are public hearings on VAC 06-012 and VAR 06-022. Mr. Baird, I can open these two public hearings at the same? Is that appropriate? Baird: Actually, Madam Mayor, there may be some news from the planning director that might not make that -- require that. Anna, do you have anything to announce? De Weerd: Okay. Meridian City Council • October 24, 2006 Page 58 of 67 Baird: Or should we go ahead and open them? Canning: I think we better. Baird: Okay. I think you can go ahead and open them both. • De Weerd: I will open these two public hearings, then, Items 15 and 16, with staff comments. Canning: Madam Mayor, I get very articulate after the -- uh. Sorry. This is the Paramount Subdivision No. 7. You have two requests before you tonight. One is a variance and one is a vacation. What Mr. Baird was alluding to is that the variance may not be needed, but I think it would be safer to go ahead and let you know what that variance is for and have the applicant withdraw it if it -- if it isn't needed, because I only got a chance to talk to them briefly. The issue at stake -- here is the proposed -- or the subject property and it is located on Bacall Street, I think, in Paramount No. 7 highlighted there. And the house is built and it is built three feet from the property line. The five foot setback, this dark shaded area, is where the -- the building is encroaching into the five foot setback. We do allow these small architectural appurtenances to pop into the setback. In this case it ends up being about ten inches between the property line and that pop out. So, the variance is for the setback. What's shown here is the five foot drainage easement. It actually has a four foot structural setback. These are some photos that the neighbor provided and you can see that it's getting pretty close. Yeah. So -- De Weerd: I want to see one of our firefighters get between that house. Canning: You got to be -- so, that's -- there is a variance request and there is also a vacation request for the drainage and irrigation easement and that's the five foot easement that you see depicted on that -- that plan as well. We haven't -- actually, they have not shown the four foot structural setback. So, my understanding is that they have come to an agreement with the neighboring property owner to move their property over -- the fence over and the property line over one foot. Therefore, they would meet the four foot setback, so that variance would no longer be required. The adjoining property owner's house is about 16 feet from the property line. So, there is ample room to work with there. We are not encroaching into their side setback at all. But they are still asking to vacate the -- the two feet of -- no, it's -- yeah. Be two feet, yes, of the drainage and irrigation easement on this site. So, the ultimate irrigation and drainage easement will be eight feet, not ten feet, as required by code. So, the variance may -- there is some question as to where the variance would still apply just to the -- reducing that vacation easement. So, that's the situation as it stands, but my understanding -- they have been going back and forth with the neighbor, but my understanding is that tonight they do have a signed agreement between the two parties with regard to a future lot line adjustment. Do I need to point out that one of the proposals -- or one of the requests by Brighton is that -- that -- if they are looking for immediate occupancy Meridian City Council • October 24, 2006 Page 59 of 67 permits before the resident. The staff report was written for denial of the variance request. Therefore, the vacation request recommended denial based on the variance request. So, we don't need the variance, but we do need the vacation. So, you do have conditions of approval with regard into the property. Basically, it would be to put a French drain in that area to collect the water more efficiently than the -- because there is less area that needs to handle a little more capacity right there where the instructor is. So, there are conditions with regard to that. Public Works would like to see those facilities installed before they release occupancy as a whole. So, I think that gets to all the issues, but I can understand if I have confused you. And, please, ask me questions if I need to clarify something. Or ask somebody else questions that need to be clarified, one or the other. De Weerd: No. I think your comment about what Public Works is asking actually answered what I have, so -- Canning: Okay. De Weerd: -- Council, any questions? Bird: I have none at this time. De Weerd: Okay. Would the applicant like to come forward? If you will, please, state your name and address for the record. Allen: Thank you, Madam Mayor, Members of the Council. My name is Gary Allen. My address is 601 West Bannock in Boise. I'm here tonight representing Brighton Corporation and we are pleased to have reached an agreement with the neighboring property owners over this this evening that is signed. You received a copy -- you should have in your packet or at least we gave one to the staff of the conditions that -- for that approval -- or the substantive conditions. So, with those stated, we are -- well, I think I - - maybe for a moment I can walk through how this would work from our point of view and what we would ask the Council to do tonight. So, we are asking for approval of the easement vacation for two feet of the easement that actually sits under the house. Secondly, we are willing to withdraw the variance in exchange for acceptance by the city of -- that the actions that -- in the letter that we -- we gave to the staff and that you may have seen, to allow the certificate of occupancy to be issued immediately and so, essentially, the property line would move over one foot and the fence would be moved and landscaping replaced, etc. I believe we are -- we are fine with the condition to place a French drain in that area, but what we would ask is to be able to bond that condition, rather than having to wait until we actually have that installed before we got -- were given a certificate of occupancy. So, with that small change, I think we would be willing to withdraw the variance request and we do want to make sure it's clear that when this is all over the easement would be eight feet from one property to the other, so that when we come in with the lot line adjustment for the -- to move the lot line over a foot, that's not going to move the easement over another foot onto the neighbor's property, so that it doesn't reduce the build -able area in their property. And our Meridian City Council October 24, 2006 Page 60 of 67 understanding is that the staff was -- that was acceptable to them and would allow for any irrigation or drainage facilities that might be required in there. And I believe that is all that I had and be happy to answer any questions for you. I know this was a little bit convoluted how it came together and we were still scribbling on it in the hallway this evening. So, I want to make sure that you are comfortable with the way we are moving forward. De Weerd: Okay. Council, questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: In my opinion, these kinds of things are getting to be more frequent than they should be. And my question to you -- and I'm not asking for blame, I'm asking for how does this happen and what can we do to stop it? Because I'm really not inclined to be real favorable to these kinds of errors. It's really not that hard to find property pins and somebody made a mistake that has professional liability insurance out there and it shouldn't be that the neighbors have to resolve this amongst themselves. So, I guess my question to you is how does it happen and what can we do to keep it from happening in the future. Allen: Right. Madam Mayor, Councilman Rountree, as I understand what happened here, there was a mistake as to where the foundation contractor measured from the -- I think he was measuring from the back of sidewalk, as opposed to from the pin and that created a one foot error. You know, I -- if I had to point fingers I think that was the main error. This was not caught on the city inspection when the city came out to do it. So, therefore, the house -- you know, that would have been the point at which it would have been easy to fix, relatively speaking, and so, you know, after that the house was constructed on top of it and by the time that my client knew about it, it was really too late to do anything about it at that point. There still may be discussions with the contractor and we are still talking with insurance companies about how to resolve it. I wish we -- we knew and, you know, we were -- and I don't want to point any fingers of the city, there is some -- you know, we kind of expect that those inspections will catch things like that, too, and, you know, there is -- I have heard long stories from a number of -- you know, from all over here and nobody feels like they are blameworthy, particularly, but it should have been caught there early on and wasn't and, you know, I think probably there are a number of steps there where you could say, well, shoot, just a phone call here or there would have -- would have fixed that and we -- you know, it just didn't happen, unfortunately, here. Now, there are -- both David Turnbull and Jay Walker are here in the room who may know more details about it than I do, but that's my understanding of what happened. Rountree: Thank you. Meridian City Council October 24, 2006 Page 61 of 67 De Weerd: Len, do you have anything you want to add? E Grady: Madam Mayor, Members of the Council, we did do a little bit of research on this issue and the applicant is somewhat correct, there was a change in code in how setbacks were measured and it was right about the time where that -- that house was being constructed. It used to be from the property line and, then, it moved to the sidewalk and right in that period that sidewalk difference is exactly the shift that that house is offset. Our inspector did go out and field measured from the sidewalks and also verified with the -- the contractor on site, that the house was property located. They did have a large dirt pile over the west side of the property, so he was unable to verify the other side -- basically, in the interest of customer service, he did what verification he could, relied on the contractor, who said that he had located the pins and the house was located property. So, at least I'm convinced that our inspector did what he could with the situation, you know. Of course, the other extreme is we could hire surveyors and require surveys and that type of stuff, but we are really trying to speed things along and do the best inspection we can with the resources, so -- short story is measuring from the sidewalk there was a change in code and that's where the shift in the house is. Rountree: I guess, Madam Mayor, a question for Len. Do we not require our contracted inspectors to carry professional liability. Baird: Yes, we do. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While Len's there, do you have any problem with the bonding on the drainage? Grady: No. Not at all. We'd like to have some -- some input into that and, then, also there is an issue of the eaves. That was part of the staff report also that part of those conditions are that the -- not let the -- you know, that he remove some of those eaves, because it's really right on the property line. Allen: That condition's acceptable, Madam Mayor. De Weerd: Anything else from Council for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Grady: Madam Mayor, one final thing that I feel I should mention. All over it says applicant is responsible for the location of all property lines. We put that over all of our Meridian City Council October 24, 2006 Page 62 of 67 documents, everything we can give the contractors, developers, basically it is their responsibility. Our hopes to pick those up and he does verify it, so — De Weerd: Thank you. Allen: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Any final comment from the applicant? Any additional needed from Council? Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: We have heard testimony from the applicant that there has been an agreement reached and still some work in the hall and I'd just like to hear from the property owners that they are in agreement with the -- I didn't mean to put you on the spot Carlson: No problem. I'm Eric Carlson. Address 1011 West Bacall Street, Meridian, Idaho. 83646. We are the adjacent property owners and we have come to agreement tonight with Brighton Corporation, all the terms have been accepted. We signed and we agree with everything that's been set forth to basically approve this -- the easement or vacation, excuse me. So, any questions for me? De Weerd: No. Thank you. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I guess I just want to express my appreciation to you folks for coming to agreement. I'm sure that everybody involved appreciates your willingness to be -- or offer concession in this particular sticky situation, so thank you. Carlson: Thank you, Mr. Rountree. Anymore questions for me? De Weerd: No. I think the sentiment is shared. Carlson: Okay. Thank you. Bird: Thank you very much. De Weerd: Thank you. Okay. Any final comments before we close the Public Hearing? Council, are you -- what is your desire? Meridian City Council is October 24, 2006 Page 63 of 67 Bird: Madam Mayor? De Weerd: Mr. Bird. • Bird: I move we close the Public Hearing on VAC 06-012 and VAR 06-022. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 15 and 16. All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we remove from the docket the agenda after -- after the applicant asked to be withdrawn, I don't know if we need a motion, but I will make one that we withdraw the VAC 06-012 from the agenda. We don't need -- De Weerd: No, you need VAC, but you don't need the VAR. Bird: VAR. I'm sorry. I was one step in -- VAR 06-022, 1 would move that we remove that down -- remove that, then, we will do the vacation. Or do we need to do the vacation first? Wardle: Second. Baird: For clarification, the motion is basically to accept the withdrawal. Rountree: Accept the withdrawal. Bird: And that don't have to be done before the vacation. De Weerd: Okay. So, your motion was to accept the withdrawal for -- Bird: Withdrawal of the vacation -- of the -- De Weerd: VAR. Bird: Of the variance. VAR. De Weerd: Okay. And that was the second; right? Wardle: I agree. Meridian City Council • October 24, 2006 Page 64 of 67 De Weerd: Okay. I will ask for a roll call on that. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Okay. Item 15 on VAC 06-012. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 15, VAC 06-012 pursuant to applicant's comments, agreement entered into the record, and the property owner's agreement. Bird: Second. De Weerd: Okay. And that would include the conditions placed on by the Public Works Department. Wardle: Specifically regarding bonding on additional construction, yes. De Weerd: Okay. So, you would approve the bonding? Wardle: Madam Mayor, the motion is to approve the bonding with Public Works. De Weerd: Okay. And second agrees? Bird: Second agrees. Rountree: Madam Mayor, discussion? De Weerd: Yes, Mr. Rountree. Rountree: For the maker of the motion, does that also include the request for occupancy permit? Wardle: Yes, it does. Bird: Second agrees. De Weerd: Okay. Any further discussion? Rountree: No. Meridian City Council October 24, 2006 Page 65 of 67 De Weerd: Mrs. Smith, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Ordinance No. 06-1271 AZ 06-029 Request for Annexation and Zoning of 10.39 acres from RUT to an R-4 zone for Silversprings Subdivision by Reed Kofoed — south side of McMillan Road and west of Locust Grove Road: De Weerd: Okay. Thank you. And thank you. Item 17 is Ordinance No. 06-1271. 1 will ask the Deputy City Clerk to, please, read this ordinance by title only. Smith: Thank you, Madam Mayor, Members of the Council. We have Meridian City Ordinance No. 06-1271, an ordinance CUP 06-029, Silversprings Subdivision for annexation of property being a portion of McMillan Road right of way and Lots 1 and 2 of Crestwood Subdivision No. 1 as shown in Book 28 of Plats, on pages 1757 and 1758, records of Ada County, Idaho, said parcel being in the north half of the north 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 territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate city limits of the City of Meridian, as requested by the City of Meridian, establishing and determining -- tape run out. Sorry. Need to read a little faster. -- establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low Density 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 the law, and providing for a summary of the ordinance and providing for a waiver of the reading of rules and providing an effective date. De Weerd: Okay. You have heard the reading of Ordinance 06-1271. Is there anyone who would like to hear it read in its entirety? Seeing none, Council? Wardle: Madam Mayor? De Weerd: Yes. Wardle: I move that we approve Item 17 for Ordinance No. 06-1271, with suspension of rules. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. Mrs. Smith, will you call roll. Meridian City Council October 24, 2006 Page 66 of 67 Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation): De Weerd: Thank you. Item 18 is an Executive Session per Idaho State Code 67- 2345(1)(f). May I have a motion to adjourn into Executive Session? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adjourn into Executive Session as Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: Okay. I have a motion and a second. Mrs. Smith, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Rountree: Move to adjourn. Bird: Second. Meridian City Council October 24, 2006 Page 67 of 67 De Weerd: All those in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) MAYOR TAr DE WEERW: k TTESI' ON � ILIA /17 ( A-- / DATE APPROVED G. BERG .R., CITY CLERK • • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of September 19, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 • APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of September 26, 2006 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. 5-C REQUEST Approve Beer & Liquor License Transfers from Susan Goodwin dba EI Tenampa to Jake Jones dba Jakers of Boise at 906 North Main Street 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 at public meetings shall become property of the City of Meridian. • 0 October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. REQUEST Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached ADA COUNTY RECORD DAVID NAVARRO AMOUNT I BOISE IDAHO Ili 106 2 pM 00 5 DEPUTY kby RECORDED Use REQUEST Or: ��� IIIII��III��I�IIIIIlII�I���! I,� I elk of Meridian 106173228 SANITARY SEWER EASEMENT THIS INDENTURE, made this � day of October, 2006 between the Western Ada Recreation District, a body politic and corporate of the State of Idaho, the party of the first part, hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, a municipal corporation, the party of the second part, hereinafter called the Grantee; 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 Grantee; 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 Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHMIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. SANITARY SEWER EASEMENT Page 1 of 3 M.�C.m Y • 0 THE GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first herein above written. GRANTOR: WESTERN ADA RECREATION DISTRICT Of Walt Morrow, Chairman ttestPd+b)e'Gyl , adys Ingrai Secretary Approved by its Board of Directors on: STATE OF IDAHO ) . ss. County of Ada j 0—a-0(op On this f! y of c7 vh 'L-) , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared WALT MORROW and GLADYS INGRAM, known or identified to me to be the Chairman and Secretary, respectively, of the Western Ada Recreation District, and acknowledged to me that the Western Ada Recreation District executed the same. IN and year fi (SEAL) SANITARY SEWER EASEMENT , I have hereunto set my hand and affixed my official seal the day NOTARY PUBLIC FOR IDAHO Residing at: Lam. jd Commission Expires: f o ~ 1 J l 1 Page 2 of 3 Paso Q of ) GRANTEE: CITY OF MERIDIAN TarnAe We;�ayor BEAL Attest by William G. B g, elty Clerk -r, Approved By City Council On: r\y STATE OF IDAHO, } . ss. County of Ada ) On this_day of C;- O GYk , 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) & h • ��, NOTARY PUBLIC FOP, IDAHO Residing at: TLO�-.. 0''t. jo� " 1 " Commission Expires • SANITARY SEWER EASEMENT Page 3 of 3 Psoas 3 of • SIT "A" DESCRIPTION FOR CITY OF MERIDIAN SANITARY SEWER EASEMENT BUCKEYE PLACE SUDDIVISION GRANTOR: RiESTERN ADA RECREATION DUTRICT August 23, 2006 A CITY OF MERIDIAN SANITARY SEWER EASEMENT LYING IN THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MEMIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, MAHO; THENCE S 89°40'23" E 1322.58 FLET ALONG THE NORTH SECTION LINE TO THE NORTH 1/16 CORNER, THENCE CONTIIWING S 89040'23" E 1.11 FEET TO A POINT; THENCE S 00°01'16" W 44.93 FEET TO THE NORTHWEST CORNER OF PINTAIL POINTE SUBDIVISION AND THE NORTHEAST CORNER OF BLACKSTONE SUBDIVISION; THENCE ALONG THE COMMON BOUNDARJES OF SAID SUBDIVISIONS S 00'0116" W 621.09 FEET TO THE SOUTHWEST CORNER OF SAID PINTAIL POINTE SUBDIVISION; THENCE S 001D01'18" W 656.50 FEET TO THE SOUTHWEST CORNER OF PROPOSED BUCKEYE PLACE SUBDIVISION; THENCE S 89°2746" E 302.33 FEET ALONG THE SOUTH LINE OF SAID PROPOSED BUCKEYE PLACE SUBDIVISION TO THE BEGINNING POINT OF THIS EASEMENT. THENCE CONTIIWING S 89°2746" E 20.47 FEET TO A POINT, THENCE S 1104733" E 44.18 FEET TO A POINT ON A PERMANENT SANITARY SEWER EASEMENT, INSTRUMENT No. 106017064; THENCE ALONG SAID EASEMENT S 21001'06" W 36.91 FEET TO AN ANGLE POINT'IN SAID EASEMENT; THENCE N 11 04733" W 79.57 FEET TO THE BEGINNING P01NT OF THIS EASEMENT, CONTAIN]NG 1237 S.F., MORE OR LESS. WAYNE R. BARBER, 50912-SSase.doc Q.L.S. 8444 .r 1 Erma —. lU O . 0', „ „ EXHIBIT B FIEVISJON, : BY: 1 OF 1 SHEEN' DW OF M OEM UK 10 - E_-_--__-- W1/4MW1D, N. N., R. 1 W., I ELM. I 1 muck ^^� WESTERN ADA __J `^•,�,• 6�IS1R. Na t060170it4 P.O. NK 566 �_ .----- - i 1 I LERM, ED. RM l ---------- CITY OF MERIDIAN swam mc. SANITARY SEWER LASEMENT BUCKEYE SUBDIVISION B R 1 GI EXHIBIT D RAW I N G ENGINEERS PLANNERS SURVEYORS U W. MUM RAID ' WX Ift VM ' (208)344-M mw DAIL. om Nm SCALE: These *-4ng% - avy pw ton thereof, shall nd be um 50912 1 " 150' on ony Pmled or a ,om of feta Prowl �Pt hY 08/23/06 DPM IrrWM aarmm nm fmm Wmm Fnniw^inn b%- 015- E .10233'- A I BEQtIdNG POINT N SyDTNK SEWER EAS171EI4i' I 1 ^^� SANITARr SE»rER FXS�iFM __J `^•,�,• 6�IS1R. Na t060170it4 CITY OF MERIDIAN swam mc. SANITARY SEWER LASEMENT BUCKEYE SUBDIVISION B R 1 GI EXHIBIT D RAW I N G ENGINEERS PLANNERS SURVEYORS U W. MUM RAID ' WX Ift VM ' (208)344-M mw DAIL. om Nm SCALE: These *-4ng% - avy pw ton thereof, shall nd be um 50912 1 " 150' on ony Pmled or a ,om of feta Prowl �Pt hY 08/23/06 DPM IrrWM aarmm nm fmm Wmm Fnniw^inn b%- 015- 0 City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 10/17/2006 Re: Proposed Agenda Items for 10/24/06 City Council Meeting OCT 16 2000 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10/24/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Buckeye Place by Western Ada Recreation District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of October, 2006 between the Western Ada Recreation District, a body politic and corporate of the State of Idaho, the party of the first part, hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, a municipal corporation, the party of the second part, hereinafter called the Grantee; 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 Grantee; 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 Grantee the right-of-way for an easement for the operation and maintenance of a sewer line 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 sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY. UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. SANITARY SEWER EASEMENT Page 1 of 3 THE GRANTOR hereby covenants and agrees that it 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 GRANTOR hereby covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first herein above written. GRANTOR: WESTERN ADA RECREATION DISTRICT Walt Morrow, Chairman I Attest b Gladys Ingr , Secretary Approved by its Board of Directors on: ! 0—/Z-0& STATE OF IDAHO ) . ss. County of Ada ) j' On this day of Ca6R-) , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared WALT MORROW and GLADYS INGRAM, known or identified to me to be the Chairman and Secretary, respectively, of the Western Ada Recreation District, and acknowledged to me that the Western Ada Recreation District executed the same. 1N V and year fisc (SEAL) , I have hereunto set my hand and affixed my official seal the day x it i� NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: SANITARY SEWER EASEMENT Page 2 of 3 • 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 ) to On this day of , 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: SANITARY SEWER EASEMENT Page 3 of 3 • EXHIBIT "A" • DESCRIPTION FOR CITY OF MERIDIAN SANITARY SEWER EASEMENT BUCKEYE PLACE SUBDIVISION GRANTOR WESTERN ADA RECREATION DISTRICT August 23, 2006 A CITY OF MERIDIAN SANITARY SEWER EASEMENT LYING IN THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10 TOWNSHIP 3 NORTH; RANGE 1 WEST, BOISE MERIDIAN, MERMIAN, ADA COUNTY, IDAHO; THENCE S 89°40'23" E 1322.58 FEET ALONG THE NORTH SECTION LINE TO THE NORTH 1/16 CORNER, THENCE CONTINUING S 89°40'23" E 1.11 FEET TO A POINT; THENCE S 00°01' 16" W 44.93 FEET TO THE NORTHWEST CORNER OF PINTAIL POINTE SUBDIVISION AND THE NORTHEAST CORNER OF BLACKSTONE SUBDIVISION; THENCE ALONG THE COMMON BOUNDARIES OF SAID SUBDIVISIONS S 00°01'16" W 621.09 FEET TO THE SOUTHWEST CORNER OF SAID PINTAIL POINTE SUBDIMION; THENCE S 00°01' 18" W 656.50 FEET TO THE SOUTHWEST CORNER OF PROPOSED BUCKEYE PLACE SUBDIVISION; THENCE S 89°27'46" E 302.33 FEET ALONG THE SOUTH LINE OF SAID PROPOSED BUCKEYE PLACE SUBDIVb4I0N TO THE BEGINNING POINT OF THIS EASEMENT. THENCE CONTINUING S 89°2746" E 20.47 FEET TO A POINT; THENCE S 11 04733" E 44.18 FEET TO A POINT ON A PERMANENT SANITARY SEWER EASEMENT, INSTRUMENT No. 106017064; THENCE ALONG SAID EASEMENT S 21 °01'06" W 36.91 FEET TO AN ANGLE POINT IN SAID EASEMENT; THENCE N 1104733" W 79.57 FEET TO THE BEGS KING POIlYT OF THIS 'CASEMENT, CONTAINNG 1237 S.F., MORE OR LESS. WAYNE K. BARBER;, 50912-SSease.doc I-L.S. 8444 ---�` r ^� L� „B" EXHIE31P _ 9 4r4r� _,mom 1,— I 0 7.A 1% — —L — — BASIS OF SEARING s 894M E 1.n• W. CHERRY LME 4i� ----- j IVW 1/4 SECTION 10, N R. 1 W., N &AMTOAF PhW& ------------ -� Ball GRANTOR: I$ WMERK AOA I2 i ROA1+lE I RECREATION INSfRICi g W. THORN CREEL Sr. Q P.0. BOX 566 --------- NJERIONAN, M. 83660 � J i S� I v�zi l(Jlfl I 9.10 I I ! z I I ---------- f � MUM , I `1 lai I / � � Iz rY I IPONS / VY I v < rn (jV z CflkitC CRfEX � YYt U I � I � I I I I 330.23' Li/ S 83 2746 E 30233- — Y M OME20.0 BEGRms PDINT U � SAWWiARY SOO EASE@ffNF Ca(( MPLAMU u ` SAAtffARY SEWER EASEMENT I OUR N0. 105(117064 ' ------J 1 REVtSSON ` BY.- CITY OF MERIDIAN BRIGGS ENGINEERING, INC. SANITARY SEWER EASEMENT BUCKEYE SUBDIVISIONB R t Q Q S 1 OF ? EXHIBIT D RAW I N G ENGINEERS PLANNERS SURVEYORS SHEET 1800 W. OVER M M ' M nW 83105 • (208)3x4-= DWG DATE DWG NO. SCALE: These drawings, or arty portion thereof, shall not be use 08/23/06 DPM 50912 1" = 150' on o, Project or extensions of this Project except by 5(2919—.'3FFSS.riwa wriftrn rarrPmvnt frnm Wmn Prx bwwGnn 1� October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. 5 - REQUEST Water Main Easement Agreement for Walgreen's by GRH Ten Mile & Halker Properties 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 Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORMJ. DAVID NAVARRO AMOUNT 00 ; BOISE IDAHO 1110210 42 pM REOORDEDIEOU RESTOF IIIIIIIIIIIIIIiIIII(IIIIIIIIIIII1!111 ty of Meridian 10617131227 WATER MAIN EASEMENT THIS INDENTURE, made this CIL day of I -t LLC, an Idaho limited liability company, and Balker Properties�� 2006 between GRH Ten Mile company, collectivelythe parties ofthe first LLC' � Idaho limited liability P part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WTI'NESSETH: 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, 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 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 Water Main Easement Meridian Water Main Easement described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Notwithstanding the foregoing, the improvements existing within the easement area as of the date hereof or similar improvements thereto are permitted and not in violation of this easement. 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 he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Water Main Easement f remainder of page intentionally left blank.] Meridian Water Main Easement rPacr a N h 1 • GRANTOR: GRH TEN MILE LLC, an Idaho limited liability company By: G aw ' s Its: Mans HAL,KFR PROPERTIES LLC, an Idaho limited liability company Its: Manager STATE OF IDAHO } ss County of Ada ) E On this _j_ day of QCAC..-- , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Gary R. Hawkins and Colby Halker, known or identified to me to be the Managers, respectively, of the limited liability companies that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set myhand and affixed my official seal the day and year fist above written. (SEAL) _� a �1G OF Water Main Easement — � ;�:[ A NOTARY PUBLIR IDAHO Residing at: $ill i-*- t b Commission Expires: 6- l •Z-Ci1 O 3 Meridian Water Main Easement 'l a • GRANTEE: CITY OF MERIDIAN y Tammy de ayor A LZ Attest by William G. B , City Clerk Approved By City Council On:� pt STATE OF IDAHO ) . ss. County of Ada ) 0 On thisDI day of 0 •'1vVdv t 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 ofMeridian, 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: M tb4Jac' Commission Expires: Water Main Easement 4 Meridian Water Main rEasement parr. �I' 'f —1 DESCRIPTION FOR WATER LINE EASEMENT HAWVJNS COMPANIES 0 1450 EastVYetertovKer.St -Suits f�Q McMian, Idaho 83642. .-O iane (208):846-8570: F %* .(7.W 884-53", April 10, 2006 A water line easement located in the SWI/4 of the SW1/4 of Section 2, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho more particularly described as follows; Commencing at the SW corner said Section 2; thence along the West boundary line of said Section 2 North 00019'07" East, 345.50 feet; thence leaving said West boundary line South 88038'31" East, 36.13 feet to a point on the East right-of-way line of North Ten Mile Road, said point also being the REAL. POINT OF BEGINNING; thence continuing South 88°38'31" East, 86.60 feet, thence South 4404223" East, 31.67 feet; thence South 89°43'20" East, 80.88 feet; thence North 00016'40" East, 20A5 feet; thence South 88038'31" East, 14.00 feet; thence South 00°16'40" West, 20.19 feet;. thence South 89043'20" East, 57.45 feet, thence North 00°19'07" East, 19.11 feet', thence South 88038'31" East, 20.00 feet; thence South 00019'07" West, 49.43 feet, thence South 56045'09" West, 12.71 feet; thence North 52°05'27" West, 29.03 feet; thence North 89043'20" West, 147.02 feet; SAISG Pmject \Hawn Tenmile (05-013)0mumentsUen mAe water EASE DESC.doc ,:,age -5-0c-7 0 i thence North 44°4223" West, 42.64 feet; thence North 89042`23" West, 69.94 feet to a point on the East right-of-way line of North Ten Mile Road; thence along said East right-of-way line North 02012'03" West, 13.87 feet to the REAL POINT OF BEGINNING, containing 6,317 square feet, more or less. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. SVSG PmjsdsXHawklns Tenmile (05-013)0ocumentstgn mile water EASE DESC.doc In w a i; CVo �. O a =gyp � � , � �•t�' � to (' 1, *T- W r r tl • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 10/13/2006 Re: Proposed Agenda Items for 10/24/06 City Council Meeting OCT 16 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10/24/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Wal -green's by GRH Ten Mile & Halker Properties. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Walgreen's by GRH Ten Mile & Halker Properties and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 WATER MAIN EASEMENT 0 THIS INDENTURE, made this day of , 2006 between GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability company, collectively the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the'Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; I 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, 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 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 Water Main Easement 1 Meridian Water Main Easement described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Notwithstanding the foregoing, the improvements existing within the easement area as of the date hereof or similar improvements thereto are permitted and not in violation of this easement. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [remainder of page intentionally left blank.] Water Main Easement 2 Meridian Water Main Easement L.1 GRANTOR: GRH TEN MILE LLC, an Idaho limited liability company By: G R. aw s Its: Mand er HALKER PROPERTIES LLC, an Idaho limited liability company By: Colby fNker Its: Manager STATE OF IDAHO ) ss County of Ada ) r� u On this C1 day of , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Gary R. Hawkins and Colby Halker, known or identified to me to be the Managers, respectively, of the limited liability companies that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 01I @two, (SEAL) d ! * = NOTARY PUBLIGTDR IDAHO o � JBLl i Residing at: _� Ol S.t •• �' Commission Expires: 6- 1 -2.01 e OF VD Water Main Easement 3 Meridian Water Main Easement 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 , 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) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement 4 Meridian Water Main Easement DESCRIPTION FOR WATER LINE EASEMENT HAWKINS COMPANIES 1450 EastWatertower St. Suite ISO Meridian,1*ho 83642. phone (248):846-8570 Fax (208):864-539.9 April 10, 2006 A water line easement located in the SW1/4 of the SWI/4 of Section 2, T.3N., R.1W., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the SW corner said Section 2; thence along the West boundary line of said Section 2 North 00019'07" East, 345.50 feet; thence leaving said West boundary line South 8803831" East, 36.13 feet to a point on the East right-of-way line of North Ten Mile Road, said point also being the REAL POINT OF BEGINNING; thence continuing South 88°38'31" East, 86.60 feet; thence South 44042'23" East, 31.67 feet; thence South 89043'20" East, 80.88 feet; thence North 00016'40" East, 20.45 feet; thence South 8803831" East, 14.00 feet; thence South 00°16'40" West, 20.19 feet; thence South 89043'20" East, 57.45 feet; thence North 001,19'07" East, 19.11 feet; thence South 88038'31" East, 20.00 feet; thence South 00°19'07" West, 49.43 feet; thence South 56045'09" West, 12.71 feet; thence North 52005'27" West, 29.03 feet; thence North 89043'20" West, 147.02 feet; SAISG ProjectslHawklns Tenmlle (05-013)0ocuments\ten mile water EASE DESC.doc thence North 44°42'23" West, 42.64 feet; thence North 8904223" West, 69.94 feet to a point on the East right-of-way line of North Ten Mile Road; thence along said East right-of-way line North 021,12'03" West, 13.87 feet to the REAL POINT OF BEGINNING, containing 6,317 square feet, more or less. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. S:VSG Projects\Hawkins Tenmile (05-013)1Documents\ten mite water EASE DESC.doc W W i W O d - pr \ -O W p] z o�\Zoo m N M o HE 4�X f)~G¢N WN ¢ Li =Z ~ p ¢ A o 0 " w 0 LLJ � W0 o Q O E-4 \ N y U) N Irm �O O � 3^Q tt Ld 0 OREI{ o `a O j 0 • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. REQUEST Water Main Easement Agreement for Jaker's Restaurant by Vintage Properties, LP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS See attached Aopyvt"�- C k, , Materials presented at public meetings shall become property of the City of Meridian. • ADA COUNTY RECORDEfbAVID NAVARRO AMOUNT .00 6 BOISE IDAHO 11/02/06 0 . PM II JJ II DEPUTY Use Irby RECORDED -REQUEST OF CIV of Merldlan 106173226 WATER MAIN EASEMENT THIS INDENTURE, made this I I th day of Octolr, 2 Q6 between Vie Properties L.I'.. the parries of the fust part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WrFNESSETH: 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 waxer 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 the right- of-way ightof-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED .E)CIMIT A and B) The easement hereby granted is for the purpose of construction and operation ofa. water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the fee 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 LINDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or malting subsequent connection to the water We, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement Jakers EASMT WTR MAIN doe THE GRANTORS do hereby covenant with the Grantee that they we 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. OR: ' Executive Management, Inc., General Partner of Vintage Properties L.P., by its Vice President STATE OF IDAHO ) ) ss County of Ada ) On this f day of ---,2066, before me, the undersigned, a Notary Public in and for said State, personally appeared Randall Thgga n . known or identified to me to be the Vice President 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 first above written. (SEAL) 65J�*0-111"It1 Tit %, 4 IT TARy 40040 JOUBL1G ••�'�i.,� OF GRANTEE: CITY OF MERIDIAN Water Main Easemet �& 44—A,4r� NOTARY Pftyc FOR ID O Residing at �e. elf Commission Expires: _ '%, 2va Jakers EA.SMT WTR MAIN.doc ... de Attest by William G. Berg, Approved By City Council On: STATE OF IDAHO, . ss. County of Ada �iifi lttlOrr frrt��r',''rrr erk 3,4 JAN On this _ day of-'."{X:j .20014 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 fust above written. (SEAL) Water Maim Easement SI�10 a? ' 7� 'L1,t NOTARY PUBLIC FOR IDAHO Residing at:Ll e,(. 6 'Aork- Commission Expires: Takers EASMT WTR MAIN.doc • TEALEY'S LAND 2501 Bogus Basin Rd. • Boise, Idaho 83702 SURVEYING (208) 385-0636 Fax (208) 385-0696 •Pro)ect No.: 2992 Date: October 6, 2006 EXHIBIT_ "A,^' DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR JAKER'S, RE RANT] MERIDIAN, IDAHQ A parol of land being a portion of Lots 6 and 7, Block 1, Reagan Subdivision as :on file in Book 92 of Plats at Pages 10880 and 10881 in the Office of the Recorder for Ada County, Idaho, said parcel being situated In the NW 114 of Section 9, T.3N., R.1 E., : B.M., Meridian, Ada County, Idaho and more particularly described as follows: `i COMMENCING at the Southeast comer of said Lot 6; thence along the South ,boundary of said Lot 6 South 90°00'00" West 40.00 feet to a point on the West line of an existing City of ..Meridian water main easement; thence leaving said South boundary and along said West line North 01008'13" East 60.52 feet to the POIDT 0f BEGINNING; thence leaving ,-said West line at right angles . North 88051'47" West 32.00 feet to a point; thence at right angles North 01408'13" East 20.00 feet to a point; thence at right angles South 8805147" East 32.00 feet to a point on said West line of an existing water imain easement; thence at right angles along said West line South 01 °08'13' West 20.00 feet to the POINT OF BEGINNING. Said Parcel Contains 640 Square Feet, more or less. '} : 2882eter ea6ernentdoo- anw EXHIBIT "B" MERIDIAN WATER MAIN EASEMENT EXHIBIT FOR JAKER'S RESTAURANT S11UAU N POR B OF ILU 7388 PORIA OF LOTS 6 MID 4 ALL OF LOT 7, 8L=1, WAGMI SI&AW LYNG IN X N111/4, SECTIQi It TX RIF, B.Y., MERIDIAN, ADA COW, SM I I PARCEL A I ( R.Q.S. 7388 I l f f—>—"EP Ep Ev IR uF I _ N 90°00'00• _ -m I C:YFM I - a -."."...... _........� "."" . PROPOSED JAKER'S RESTAURANT I _. ar SW WCORNERBLOCK 1 M...w.... _....._._.. I LOT PROPOS OF REAGAN ED 20' S 8895147AW- __ _ AEREIAN WATER 00 ti ( J...""....... .......".....�. „w'"-.. ........ W 0 SUBDIVISION EASEAENT f.� N ` " LOT 7 t�1 OT 6" ip I I N 8e0 1471 W I.w. 1 32.00' w I 1a' . . . . ' . i POINT OF I `� BEGINNING j oN I _ c X06 ,_ Z64_ Q7' -s` z "t LO 5 S 90°00100' W 304.08' 4.00' WITNESS-, I I PARCEL C CORNER I I I P.O.S. 7268 EXISTING 20' CRY OF I AERIDIAN WATER NAM EASEAENT. SEE PLAT OF REAGAN SUBDIVISION 0 25 50 100 SCALE IN FEET 10 T 50' VINTAGE PROPERTIES P.O. BOX 1486 BOISE, IDAHO 83701 2992-Water-Sewer-Eosement.dwg 10-06-06 14:50.52 dmorks 4.00' WITNESS CORNER {y I SE CORNER LOT 6. BLOCK I OF REAGAN SUBDIVISION EXHIBIT "B" MERIDIAN NATER MAIN EASEMENT EXHIBIT FOR JAKER'S RESTAURANT S1i1MM'IM IN PALM 0 aF fi.OS. 7=1 PDR= W. LOIS 6 AND IL All. IF LAT 7, RM 1, WABAN 920M 1.= 811101A SEC 01 9. T.3N.. IL E., B.Y., mmm ADA cup, II?AA I I ! PARCEL A r 7388 1 Ld I r f I _ N 90,00.6 314 6' _ o l z «. 19 sW CORNER LOT 8, BLOCK 1 OF R.�E,1A�1�G�ANy SUBDrf 111••1• PROPOSED RSSTALRANT MCI L .� / , " t E. FASEAEff �C 11 mill W\j (u ' WITNESS 0 25 50 b0 SCALE IN FEET I" = 50' VINTAGE PROPERTIES P.O. BOX 1486 BOISE. IDAHO 83701 2892—Waier—Sewer—Eoeemeni.dwg 10-06-06 14:50:52 dmaft N 88iW I 92.00' w L. I I POINT OF I � � _ BEGINNING ! LOT 6 BLOCK i OF REAGAN SUBDIVISION 01 '1 L0 5 $, jOlOO'OO• W 304.08' 4.00' WIiT� I CORNER I I PARCEL C I R.O.S. 7388 EMTNG 20' CITY OF I l FzRNMN WATER lAAN SEE OFREAGAN ! 0 25 50 b0 SCALE IN FEET I" = 50' VINTAGE PROPERTIES P.O. BOX 1486 BOISE. IDAHO 83701 2892—Waier—Sewer—Eoeemeni.dwg 10-06-06 14:50:52 dmaft • City of Meridian Public Works Dept, Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 10/17/2006 Re: Proposed Agenda Items for 10/24/06 City Council Meeting City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10/24/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Jaker's Restaurant by Vintage Pro erties LP. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Jaker's Restaurant by Vintage Properties LP and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this 11th day of October. 2006 between Vintage Properties L.P. the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be 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, 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 said Grantee, ifs 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 waxer 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 he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished_ Water Main Easement Jakers EASMT WTR MAIN.doc 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. OR: P Executive Management, Inc., General Partner of Vintage Properties L.P., by its Vice President STATE OF IDAHO ) ) ss County of Ada ) On this i! day of 4k4e 2066, before me, the undersigned, a Notary Public in and for said State, personally appeared Randall Thompson , known or identified to me to be the Vice President 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 officialseal the day and year first above written. (SEAL) ►� 0' �OTAR�, sr�r+► Ali Bocc, OF GRANTEE: CITY OF MERIDIAN — am NOTARY P L1C FOR AHO Residing at 4� V4" Commission Expires: moi- --'*, W Water Main Easement Jakers EASMT WTR MAIN.doc • Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, SS. County of ,Ada 0 On this day of P 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk, 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 Jakers EASMT WMR MAIN.doc 0 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER MAIN EASEMENT FOR JAKER'S RESTAURANT, MERIDIAN, IDAHO A parcel of land being a portion of Lots 6 and 7, Block 1, Reagan Subdivision as ®n file in Book 92 of Plats at Pages 10880 and 10881 in the Office. of the Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 9, T.3N., R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast comer of said Lot 6; thence along the South boundary of said Lot 6 South 90°00'00° West 40.00 feet to a point on the West line of an existing City of Meridian water main easement; thence leaving said South boundary and along said '.West line North 01'08'13° East 60.52 feet to the POINT OF BEGINNING; thence leaving said West line at right angles North 88051'47" West 32.00 feet to a point; thence at right angles North 01908'13" East 20.00 feet to a point; thence at right angles South 88°51'47" East 32.00 feet to a point on said West line of an existing water main easement; thence at right angles along said West line South 01 °08'13" West 20.00 feet to the POINT OF BEGINNING. Said Parcel Contains 640 Square Feet, more or less. SW CORNER LOT B. BLOCK I OF REAGAN SUBDIVISION EXHIBIT "B" MERIDIAN WATER MAIN EASEMENT EXHIBIT FOR JAKER'S RESTAURANT STOAT® IN PARCEL B OF R.O.S. 7388 PORTIONS OF LOTS 6 AND a ALL OF LOT 7, BLOCK 1, REAGAN STIBDMSION, LYING IN THE NIN 1/4, SECTION 9, T.A. ME, Ilk, MERIDIAN, ADA CWNTY, IDAHO P AF0»L I EP EP EP EP ti " E 314.06' ® zS� N 8875/1'47° W 32.00' } }° s _ POINT OF I m ` BEGINNING I c 1 0 _ -264-07- _ S 90°00'00" W 304.08' 4.00' WITNESOS - PARCEL y CORNER 1 EXISTING 20' CITY OF MERIDIAN WATER MAIN EASEMENT. SEE PLAT OF REAGAN SUBDIVISION } -i : I c N. I 0 25 50 100 SCALE IN FEET I" = 50' VINTAGE PROPERTIES P.O. BOX 1486 BOISE, IDAHO 83701 2992—Water—Sewer—Easement.dwg 10-06-06 14:50:52 dmorks 4.001 WITNESS CORNER ISE CORNER LOT 6. BLOCK I OF REAGAN SUBDIVISION TS EXHIBIT "B's MERIDIAN WATER MAIN EASEMENT EXHIBIT FOR JAIKER'S RESTAURANT SHUMED 61 PAKE B OF P.0-rj, 7388 PIRM IF LOIS 6 AND 4 ALL OF LOT 7, M= 1, WAGM SIJ OK Lyn 0 X w 'A sEc7a It ux Im m mmm MA mm, om PARCEL A R.D.S. 7388 EP EP EP EP EP - Nom" E :314.06' co LOT 8 --CO-T7 14 PROPOSED 1 JAKER'S tit RESTAURANT SW CORNER LOT a. BLOCK I PROPOSED 20' u% OF REAGAN 88*51'47B SUBDWISION AERIDIAN WER i,- I EASEAENTAT.00, LOT 7 --H LOT 6 Co 0 0 N 88. 1347- W 32.00' I INT OF BEGINNING LOT6 z z I -Of 5 S 90.00-00- W 304.08- 4.00 - WITNESS PARCEL C CORNER R.O.S. 7388 EXISTING zo, CITY OF MERMAN WATER ALAN EASEMENT. SEE PLAT OF REAGAN SUBDrMON Af 0 25 50 loo SCALE IN FEET V = 50, VINTAGE PROPERTIES P.O. BOX 1486 BOISE, DANO 83701 2992-Water-Sewer-Easernent.dwg 10-06-06 14.50:52 dmarks 4.001 WITNESS CORNER co 0 0 lu) SE CORNER LOT 6. BLOCK I OF REAGAN SUBDIVISION I i 0 October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. REQUEST AlDorove Aareement fnr StPnnnrrir,hir SAn.ir-=C %A/i+h hAn IA/M;� I -- 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: Yry �,Ft'c� 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. CITY OF MERIDIAN AGREEMENT FOR STENOGRAPHIC SERVICES THIS AGREEMENT, is made and entered into this day of l/GA7 f,- ,, , 2006, by and between the City of Meridian, 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, hereinafter referred to as "City", and MD Willis, Inc., whose address is P.O. Box 1241, Eagle, Idaho 83616, hereinafter referred to as "Contractor". WHEREAS, as part of its records, "City" must produce minutes and verbatim transcripts of hearings; and WHEREAS, "Contractor" is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and WHEREAS, "City" and Contractor" desire to enter into an agreement whereby "Contractor" would fumish stenographic services to the "City". NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties hereto agree as follows: 1. SCOPE OF SERVICES: "Contractor" shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony at hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. "Contractor" agrees to attend four (4) regular City Council meetings each month, and two (2) regularly scheduled Planning and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings so as to produce minutes and verbatim transcripts. "Contractor' will furnish to the City Attorney and the Planning & Zoning Department, within two working days following a given meeting, a rough draft of the transcript. A final transcript shall be furnished to the City Clerk's office with a copy thereof, within 5 working days following the meeting. In the event "City" requires additional stenographic services, beyond the six monthly meetings set forth above, "Contractor' agrees to provide such additional services provided that "Contractor" receives not less than two days notice prior to such meeting or meetings. 2. CONTRACTOR NON-ATTENDANCE — EMERGENCY: In the event that an emergency, or some other event not within "Contractors" control prevents "Contractor' from attending one of the meetings herein, "Contractors" 2007 FY Agreement for Stenographic Services Page 1 of 5 attendance at that meeting shall be excused, and "Contractor" shall prepare the minutes/hearing record from audio tapes furnished by the City Clerk. In that event, "Contractor" shall not be paid the meeting attendance fee, but will be compensated for the actual transcription. "Contractor" shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. 3. TIME OF PERFORMANCE: The services of "Contractor" are to commence on the 1st day of October, 2006, and continue through the 30th day of September, 2007, unless terminated for default, or renewed. 4. COMPENSATION: "City" shall pay to "Contractor" the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attended by "Contractor", and further, shall send an e-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted electronic copy upon request, at SIX DOLLARS ($6.00) per page based upon single spaced page with margins of not more than one inch each on all sides on an 8 Y2" x 11" page with the font to be Arial 12 pitch. "Contractor" shall issue an Invoice to "City" no later than the end of each month, and payment will be due no later than the 15th day of the month following delivery of the Invoice to "City". 5. DEFAULT: If, through any cause, "Contractor" shall fail to fulfill in a timely and proper manner any obligations under this agreement, or if "Contractor" shall violate any of the covenants, agreements or stipulations of this agreement, the "City" shall have the right to terminate this agreement by giving written notice to "Contractor" of such termination, and specifying the effective date thereof, but such notice must be sent to "Contractor" no later than 15 days before the effective date of termination of the agreement. In that event, all finished or unfinished documents, or other notes or drafts prepared by "Contractor" under this agreement, at the option of the "City", shall become "City" property. Nothing shall relieve the "City" from its obligation to pay compensation as set forth above. 6. SUBCONTRACTING: None of the services covered by this agreement shall be subcontracted without the prior written consent of the "City". "Contractor" shall be fully responsible to "City" for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as "Contractor" is for the acts and omissions of persons directly employed by "Contractor". 7. ASSIGNABILITY: "Contractor" shall not assign any interest in this agreement, and shall not transfer any interest in this agreement, whether by assignment or novation, or otherwise, without the prior written approval by the "City„ 2007 FY Agreement for Stenographic Services Page 2 of 5 8. INDEPENDENT CONTRACTORS STATUS: Both "City" and "Contractor' agree that the relationship created by this agreement is that of independent contractor, and not that of employee and employer. "Contractor" is responsible for the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the "Contractor'. "Contractor" is responsible to keep in force all necessary public liability insurance and vehicle insurance with carriers which are satisfactory to "City", and shall hold the "City" harmless from all claims, demands or suits, arising out of the performance of services under this agreement. 9. INSURANCE: "Contractor" will supply "City" with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 10. OPTION TO RENEW: "City" shall have the option to renew this agreement for successive one year periods, provided that "City" notifies "Contractor" no later than thirty (30) days before the end of this agreement, and any extension or renewal thereof, of "City's" exercise of such option. IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. 2006. DATED AND SIGNED this day of &JG/ -w bG.. ' CITY OF MERIDIA amm T y d rd —Mayor ATTEST: pp�roved by City Council--Zy oC,, B - = L William G. Berg, • DTA ! By: 2007 FY Agreement for Stenographic Services Page 3 of 5 STATE OF IDAHO, ss: County of Ada. ) On this A ti"day of O` WoC r- , 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 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. •®8668000 AN - (SE ® Notary Public for Idaho � P 1 m r Residence: ( ct k a w a In ®•°'�'� ®�,��• My Commission Expires: STATE OF IDAHO, ) ss: County of Ada. ) On this 1-1 day of �� � -� , 2006, before me, the undersigned, a N tary P�Wi% in Zind for said State, personally appeared M. Dean Wi '' and �! ��h �/ l LL f S , kno=to to be the I';2S � and of MD Willis, Inc., and who executed the within instrument, an4 acknowledged to me that MD Willis, Inc. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _-`8860._ (SEAL• ® r o 6 p 9 Notary Public for Idaho e •® f�' �' ® Residence: 00 88® s • 2007 FY Agreement for Stenographic Services Page 4 of 5 My Commission Expires: 10, 2007 FY Agreement for Stenographic Services Page 5 of 5 • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 • CPA 06-003 APPLICANT ITEM NO. 5 44 REQUEST Resolution — Southeast Comprehensive Plan Amendment AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacte*-=n43f, Emailed: , Materials presented at COMMENTS See attached Resolution NY�i- Cu _ b Date: 101 C2 (,SIO Phone: SF 00/'13 Staff Initials: 1(1C" shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. OLD - BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO MODIFY THE FUTURE LAND USE MAP TO EXTEND FUTURE LAND USES WITHIN THE CITY OF MERIDIAN SOUTH TO COLUMBIA ROAD, WEST TO MERIDIAN ROAD AND EAST TO EAGLE ROAD AND TO MODIFY SOME OF THE EXISTING LAND USE DESIGNATIONS ON THE MAP ALONG AMITY ROAD, BETWEEN MERIDIAN ROAD AND EAGLE ROAD; 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 02-382; and WHEREAS, the Mayor and City Council have deemed it appropriate to modify the Future band Use Map to extend future land uses within the City of Meridian south to Columbia. Road, west to Meridian Road and east to Eagle Road and to modify some of the existing land use designations on the Map along Amity Road, between Meridian Road and Eagle Road, 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 CI'T'Y COUNCIL OF THE CITY OF MERIDIAN, 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 references. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Cleric. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — SOUTHEAST AREA — CPA 06-003 Pagel of 2 0 • SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 1' G k)(-- � 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 24 day of Cc+ -c �,Cv 12006. APPROVED: Weerd ATTEST: By: GZAL _ William G. Berg, Jr., Ci Clerk a� COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE — SOUTHEAST AREA — CPA 06-003 Page2 of 2 0 October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 0 CPA 06-002 APPLICANT ITEM NO.-� REQUEST Resolution — Ustick Comprehensive Plan Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: J ��^ Lj 3 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: Okvlo Date: �✓ one: ��J V �-'— Emailed: `P (� St ff InitiIs: a Materials presented at public meetings shall become property of the City of Meridian. 0 • CITY OF MERIDIAN RESOLUTION NO. L")& _ 5-3 1 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 USTICK / LINDER ROAD AREA FOR APPROXIMATELY 12.37 ACRES FROM MEDIUM DENSITY RESIDENTIAL TO MIXED USE COMMUNITY; 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 02-382; 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 Ustick / Linder Road Area for approximately 12.37 acres from Medium Density Residential to Mixed Use Community; 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 MERIDIAN, 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 — USTICK/LINDER ROAD AREA — CPA 06-002 Pagel of 2 • ADOPTED by the City Council of the City of Meridian, Idaho, this day of &-t ola&K .92006. APPROVED by the Mayor of the City of Meridian, Idaho, this'f day of r4vtot r- 52006. ATTEST: IM William G. Berg, Jr., APPROVED: 11 gOF xTamp. y y eerd l EINAL it -11, Irl 1111191 tltii COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE - USTICK/LINDER ROAD AREA - CPA 06-002 Page2 of 2 2 3 ts I 9% 2 i gr 9 u NOOMMEMINO te October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 0 APPLICANT ITEM NO. �5- j REQUEST Renewal of Contract for Prosecution Services with the City of Boise 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: Z�IC' MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ti SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: G NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. RESOLUTION 19285 BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION APPROVING ADDENDUM NO.4 TO AN AGREEMENT BY AND BETWEEN THE CITY OF BOISE CITY (LEGAL DEPARTMENT) AND THE CITY OF MERIDIAN FOR THE PROVISION OF LEGAL/PROSECUTORIAL SERVICES TO THE CITY OF MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID ADDENDUM NO. 4 ON BEHALF OF BOISE CITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Addendum No. 4 to an Agreement by and between the -City of Boise City and the City of Meridian, a copy of said Addendum No. 4 marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they -hereby are, authorized to respectively execute and attest said Addendum No. 4 for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise City, Idaho this 10th day of October , 2006. APPROVED by the Mayor of the City of Boise City, this 10th day of October , 2006. ATTEST: E 1A-0-103 I:Legal DivisionTegal Enterprise Di Re." eridianlegalcontract R-389-06 0 EXHIBIT "A" • ADDENDUM NO.4 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1.2002 This addendum No. 4 is entered into 10th day October , 2006 by and between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as "Boise"), for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004 and 2005; and Whereas, Meridian and Boise desire to modify or repeal certain terms of the agreement related to the provision of victim witness and juvenile accountability services; and Whereas, Meridian and 'Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: 1. That section 2.1.13 related to the provision of victim/witness services is hereby deleted in its entirety. 2. That section 2.1.14 related to the provision of juvenile accountability services is hereby deleted in its entirety. 3. That section 2.3.7 of the agreement is hereby modified to read as follows: Provide legal services through Boise's dedicated police liaison attorney (as approved by the Meridian Chief of Police) during normal business hours for not less than sixteen (16) hours per week at such times and locations as determined by the Meridian Police Chief; 4. That section 4 of the agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement' follows: Meridian Addendum No. 3 Page 1 • 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of sixteen thousand six hundred and eighty-three dollars ($16,683) per month, with the annual total cost of two hundred thousand one hundred and ninety six dollars ($200,196). 4. 1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 20th day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5t` of the month, Meridian shall remit payment to Boise by the first business day of the following month. 5. That section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension — FY -2007, attached hereto as Exhibit `B" 6. Except as modified by this Addendum No. 4, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2 and 3, shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 3 on this 10th day of October CITY OF MERIDIAN BY: Mayor T ovcd 6) cr� 2006. 0 QST: 18RAL - •�� .� Gilliam G. Berg, ClYy Clerk 0� Meridian Addendum No. 3 Page 2 C� CITY OF BOISE Mayor David STATE OF IDAHO) ss: County of Ada, ) C� ATTEST: loll p BY: Y e e P. Mooney, City derk On this E`er day of C , �- �Jt ----� , 2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., known or identified to me to be the persons whose names are subscribed to the within and foregoing instrument as the Mayor and City Clerk, respectively, of the City of Meridian, and who acknowledged to me that they executed the same for the .City of Meridian. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. �**sees* (SEAL) ••' (, '•• 1►'4wo '. •i Meridian Addendum No. 3 Page 3 1 Notary Public for Idaho Residing at: {I2a 16 e._ CAU My Commission Expires: J a—!5= f 0 • CONTRACT EXTENSION - FY -2007 Prosecution and Criminal Legal Service for the City of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primary Legal Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police -generated misdemeanor reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: • Access to members of the Public Safety Division for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by the dedicated assigned Police liaison attorney two half -days each week; • Routine review and approval of the MPD's public records requests and property dispositions; • Superior legal training for Block Training and Advanced Academy on search and seizure, trial preparation, investigations; and domestic violence; • Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief; • Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Annual Cost - $200,196 Monthly Installment - $16,683 0 0 October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. I� REQUEST Contract for Expedition Technical Assistance to set up Biosolids Improvement Project with CH2M Hill AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer n �J E C 'VE D �. OCT 19 2006 cityOf Iiiegidi., City C"Ifl office Date: 10/19/2006 Re: Proposed Agenda Items for October 24, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 24 City Council agenda, under Consent Agenda, for Council's consideration: Expedition Technical Assistance. CH2M HILL has submitted a task order and budget for the engineering services and support that is an extension of the agreement that was executed by the mayor in December 2005. They propose to complete the work for an additional $7,500 (total of $17,500). They have provided excellent support on the program and helped immensely with the creation of the forms and documents that we are using to track the Wastewater Treatment Plant Expansion Project and other construction projects through to completion. These additional funds will allow us to setup the Biosolids Improvement Project and keep them available for on-call support on other projects. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3`d of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services and support for the expedition program for construction management at the Wastewater Treatment Plant for the Biosolids Improvement Project. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Expedition Technical Assistance with CH2M HILL for an additional $7,500 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. 0 Page 1 Amendment No. 2 City of Meridian Expedition Technical Assistance This Amendment is part of the AGREEMENT between the City of Meridian, Idaho (City) and CH2M HILL (Consultant) for Expedition Technical Assistance dated 12/21/05. The on-call Expedition Software technical assistance provided by the Consultant per the original AGREEMENT and Amendment No.1 has reached the budgetary limit of $10,000. The purpose of this amendment is to modify the authorized budget in the AGREEMENT as described below. 1. REPLACE the "Project Budget" section of the AGREEMENT in its entirety with the following. Project Budget Due to the nature of the work, the Consultant will invoice for their services on a time and materials basis with a total not -to -exceed amount of $17, 500 without prior approval. Time and expenses will be charged as detailed in Exhibit B. For CITY, City of Meridian, Idaho, dated this Signature: Name (printed): Title: day of 2006, For CONSULTANT, CCH2M HILL, INC. / dated this _/% fj day of � f� ` r 2006 Signature: 12-2'� Name (printed): M &r k- /3 Pam SO,, Title: V= 10 • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. L, REQUEST Agreement for Professional Services with Civil Survey Consultants, Inc. for Construction Staking for Water and Sewer Improvements associated with ACHD Locust Grove, Franklin to Fairview 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: _[1 vCJ (A�' MERIDIAN SCHOOL DISTRICT: , ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 m FINIMINE City Of lVier dian City Clerk Office To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File 2-C11 Date: 10/18/2006 Re: Proposed Agenda Item for October 24, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 24 City Council agenda, under Consent Agenda, for Council's consideration: Agreement for Professional Services with Civil Survey Consultants Inc. for construction staking for water and sewer improvements associated with the ACHD Locust Grove, Franklin to Fairview project Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement for Professional Services with Civil Survey Consultants, Inc. for construction staking for the water and sewer improvements associated with the ACHD Locust Grove, Franklin to Fairview project at a cost not to exceed $10,000 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Len Grady, P.E. City of Meridian 660 E. Watertower Street Suite 200 Meridian, ID 83642 Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 October 17, 2006 Re: Construction Staking — Locust Grove Road (Franklin to Fairview) Water and Sewer Improvements. Dear Len: Our original professional services agreements for the Locust Grove Road Water and Sewer Improvements do not include constructionstaking. We propose to provide construction staking necessary for completion of the water and sewer improvements in this project on a time and materials basis with a not to exceed amount of $10,000.00 without prior approval of the City of Meridian. If the proposed fee estimate is acceptable please sign and return one copy of the enclosed Agreement for Professional Services. Sincerely, Civil Survey Consultants, Inc. `�v 11411'01X✓ Corey Peacock, P.E. 0 0 CIVIL SURVEY CONSULTANTS, INC. AGREEMENT FOR PROFESSIONAL SERVICES Project No. 06042 THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this day of 2006. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct sanitary sewer mains, potable water mains, service lines and appurtenances in Locust Grove Road from Franklin Road to Fairview Avenue as part of ACHD's rebuild of Locust Grove Road, Project No. 503021 RD054, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including•, all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide construction staking services as necessary to construct the improvements. Construction staking will be coordinated for the project through ACHD by their project inspector. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement on a time and materials basis with a not to exceed amount of $10,000.00 without prior approval of the City of Meridian. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. 141'E, W tertower Street, Suite 100 Meridi o 83642 BY. Glenn K. Bennett, President 0 • CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CSC 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. The CLIENT understands that.CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to. this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT -This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Labor: 0 Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2005 Project Manager Chief of Surveys Project Engineer Land Surveyor Design Engineer 1 Design Engineer 2 Design/Survey Technician 1 Design/Survey Technician 2 Direct Expenses: - $ 100.00 per hour - $ 100.00 per hour - $ 85.00 per hour - $ 75.00 per hour - $ 75.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour GPS - $ 40.00 per hour Vehicle 2 -Wheel Drive - $ No Charge Vehicle 4 -Wheel Drive - $ No Charge Outside Printing - Cost Long Distance Telephone - $ Cost Sub -Consultants - $ Cost 9 (208)888-4312 Fax 888-0323 t!► p October 20, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Public Works Change Order No. Star Construction, LLC October 24, 2006 ITEM NO. 1 for the Blackstone LS Abandonment with AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. pity Of Meridian City Clerk Office To: Will Berg; Tara Green Frorrw Clint Dolsby, Staff Engineer CQ Len Grady, City Engineer Date: 10/19/2006 Re: Proposed Agenda Item for October 24, 2006 City Council Meeting The Pubic Works Department respectfully requests the following items be placed on the October 24 City Council agenda, under Consent Agenda, for Councirs consideration: Chance Order No 1 for the Blackstone LS Abandonment Additional work is required for the completion of the Blackstone LS Abandonment that was approved by City Council May 9, 2006. This change order consists of the following work - Grouting the filling of one additional manhole near the Blackstone Lift Station on Black Cat Road south of Cherry Lane. Star Construction, LLC submitted a cost for this change order as summarized below. • Star Construction, LLC $1,777.56 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Blackstone LS Abandonment with Star Consbmcbon LLC for $1,771.56 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. 0 Page 1 r� L Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer C OCTA 0 2006 City Of Meridian City Clerk Office Date: 10/19/2006 Re: Proposed Agenda Item for October 24, 2006 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 24 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for the Blackstone LS Abandonment. Additional work is required for the completion of the Blackstone LS Abandonment that was approved by City Council May 9, 2006. This change order consists of the following work: Grouting the filling of one additional manhole near the Blackstone Lift Station on Black Cat Road south of Cherry Lane. Star Construction, LLC submitted a cost for this change order as summarized below: Star Construction, LLC $1,777.56 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 1 for the Blackstone LS Abandonment with Star Construction LLC for $1,777.56 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. 0 Page 1 DATE OF ISSUANCE CHANGE ORDER NO. 1 • EFFECTIVE DA OWNER City of Meridian CONTRACTOR Star Construction, L.L.C. Contract: Blackstone LS Abandonment Project: Blackstone LS Abandonment OWNER's Contract No. N/A ENGINEER's Contract No. N/A ENGINEER You are directed to make the following changes in the Contract Documents: Description: This change order consists of the following work: No. 1 Grout and fill an additional manhole in Black Cat Road south of Cherry Lane, near the Blackstone Lift Station. Reason for Change Order: Need to fill in an additional manhole as part of the abandonment of the Blackstone Lift Station. Attachments: (List documents supporting change): Estimate from Star Construction L.L.C. CHANGE IN CONTRACT PRICE: Original Contract Price $_18.958.07 Net Increase (Decrease) from previous Change Orders No. 0 to 0 $ 0 Contract Price prior to this Change Order: $ 18 958.07 Net increase (decrease) of this Change Order: $ 1,777.56 Contract Price with all approved Change Orders: $ 20,735.63 RECOMMENDED: By: E By: _ Clint Dolsby, Staff Engineer Date: "11%66 Date: Approved by City Council: ACCEPTED: Contractor CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. _ Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) APPROVED: By: Tammy de Weerd, Mayor Date: ATTEST: By: William G. Berg, Jr. City Clerk Date: EJCDC 191M-13 (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Star Construction,, L.L.C. P.O. Box 157 (208) 286-9198 BILL TO Star, ID 83669 City of Meridian 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 • (HED 9/20/2006 INVOICE # 960 P.O. NO. TERMS JOB Net 10 06-112 De -commission DESCRIPTION QTY UNIT RATE AMOUNT Original Contract Change Order: Grout & Fill One Additional Manhole in Blackcat Rd 1 100% LS 18,958.07 1,777.56 18,958.07 1,777.56 Total $20,735.63 C� • MERIDIAN CITY COUNCIL MEETING October 24,2W6 APPLICANT ITEM NO' 5-N REQUEST Contract for Sewer Modeling Technical Assistance m6th CH2M HILL 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 alfached Date: Phone; Staff Initials. Materials presented at pubft meeflngs shah become property of the city of MeddlaM • To: William Berg, Jr.; Tara Green Fronr. Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer H ?(, OCT � 9 2006 city of Meridiwfl City Clerk Office- To: ffice 10/19/2006 Rem. Proposed Agenda Item for October 24, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 24 City Council agenda, under Consent Agenda, for Council's consideration: Sewer Modelina Technical Assistance. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3`d of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. the sewercollection •d Recommended Council Action: The Public Works Depaftwmt recommends that City Council appnwes the contract for the Sewer Modeling Technical Assistance with CH2M HILL for $10,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 • OCT 2 0 2006 City Of Meridian City Clerk Office To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 10/19/2006 Re: Proposed Agenda Item for October 24, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 24 City Council agenda, under Consent Agenda, for Council's consideration: Sewer Modeling Technical Assistance. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $10,000. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 3`d of January, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides on call support for the development, calibration and ongoing updating of the sewer collection system model. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Sewer Modeling Technical Assistance with CI -12M HILL for $10,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 10/19/06 THU 15:06 FAX 41 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2MHILL CH2M HILL's Office Address: - 322 E. Front Street, Suite 200, Boise, ID 83702 Project Name: Sewer Modeling Technical Assistance CH2M HILL Project: Client: 'Meridian Idaho, City of Address: 33 East Idaho Avenue, Meridian, ID 83642 CLIENT requests and authorizes CH2M HILL to perform the following services: Scope: Per attached Exhibit A (Task Order/Scope of Work for Sewer Modeling Technical Assistance) by CLIENT to CH2M HILL will be on the basis of: Per °Project Budget" section of Exhibit A. Consult will bill for their services using a 3.15 Raw labor Multiplier (applied to staffs current raw rate) plus a computer/communication charge of $5.75/hr. A 5% mark-up will be applied to any outside subconsultant services that are required. Any subconsultant services must be approved by the City in advance. OtherTerms: Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. CLIENT: CH2M HILL, INC Signature Signature Name (printed) Name (printed) Title Title Date Date Foam124 RE%nsm: 7/97 11 002 10/19/06 THU 15:07 FAX 16003 PROVISIONS • 1. Authorization to Proceed Execution of this AGREEMENT by CLIENT will be authorization for CH2M HILL to proceed with the services, unless otherwise provided for in this AGREEMENT. 2. Salary Costs CH2M HILL's Salary Costs, when the basis of compensation, are the amount of wages or salaries paid CH2M HILL employees for work directly performed on the Project plus a percentage applied to all such wages or salaries to coverall payroll -related taxes, payments, premiums, and benefits. 3. Per Diem Rates CH2M HILUs Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work performed on the Project by CH2M HILL employees of the indicated classifications. These rates are contained In the COMPENSATION section on page 1 and are subject to annual calendar year adjustments. 4. Affiliated Companies CLIENT will exercise reasonableness in disputing any bill or portion thereof. No Interest will accrue on any disputed portion of the billing until mutually resolved. 10. Limitation of Liability CH2M HILL's liability for CLIENrs damages will, in the aggregate, not exceed the agreement amount. This Provision takes precedence over any conflicting Provision of this AGREEMENT or any document incorporated into it or referenced by It. This limitation of liability will apply whether CH2M HILUs liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability; or any other cause of action, and shall include CH2M HILL's officers, affiliated corporations, employees, and subcontractors. 11. Severability and Survival Work performed under this AGREEMENT may be performed using 12. labor from affiliated companies of ENGINEER. Such labor will be billed to OWNER under the same billing terms applicable to - ENGINEER's employees. 5. Subcontracts and Direct Expenses When SERVICES are performed on a cost reimbursement basis, a markup of zero percent will be applied to subcontracts and outside services and a markup of zero percent will be applied to Direct Expenses. For purposes of this AGREEMENT, Direct Expenses are defined to include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, mail, shipping, equipment and supplies; (2) CH2M HILL's current standard rate charges for direct use of CH2M HILUs vehicles, laboratory test and analysis, printing and reproduction services, and certain field equipment; and (3) CH2M HILL's standard project charges for computing systems, special health and safety requirements of OSHA, and telecommunications services. If any of the provisions contained in this AGREEMENT are held illegal, invalid or unenforceable, the other provisions shall remain in full effect Limitations of liability shall survive termination of this AGREEMENT for any cause. No Third Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than CLIENT and CH2M HILL and has no third party beneficiaries except as provided in paragraph 10. 13. Materials and Samples Any items, substances, materials, or samples removed from the Project site for testing, analysis, or other evaluation Will be returned to the Prdject site unless agreed to otherwise. CLIENT recognizes and agrees that CH2M HILL is acting as a bailee and at no time assumes titre to said Items, substances, materials, or samples. CLIENT recognizes that CH2M HiLL assumes no risk and/or liability for a waste or hazardous waste site originated by other than CH2M HILL. 14: Assignments Neither party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this AGREEMENT, whether arising In tort, contract or otherwise, without the written consent of the other party, Any unauthorized assignment is void and /All sales, use, value aoaeu, ousrness uansrer, gross receiprs, or unenforceable. other similar taxesmill be added to CH2M HILL's compensation when invoicing CLIENT. 15. Irrte igration S. Cost Opinions Any cost opinions or Project economic evaluations provided by CH2M HILL will be on a basis of experience and judgment, but, since CH2M HILL has no control over market conditions or bidding procedures, CH2M HILL cannot warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. 7. Standard of Care The standard of pre applicable to CH2M HILUS serVices will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time CH2M HILUs services are performed. CH2M HILL will reperform any services not meeting this standard without additional compensation. S. Termination This AGREEMENT may be terminated for convenience on 30 days' written notice or if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, CH2M HILL will be paid for all authorized work performed up to the termination date plus termination expenses, such as, but riot limited to, reassignment of personnel, subcontract termination costs, and related closeout costs. 9. Payment to CH2M HiLL Monthly invoices will be issued by CH2M HILL for ail Services performed under this AGREEMENT. CLIENT shall pay each invoice within 30 days. Interest at a rate of 1-1/2 percent per month will be charged on all past -due amounts. In the event of a disputed billing, only that disputed portion will be withheld from payment, and the undisputed portion will be paid. FORM124 REvwD: 7197 This AGREEMENT incorporates all previous communications and negotiations and constitutes the entire agreement of the parties. If CLIENT issues a Purchase Order in conjunction with performance of the Services, general or standard terms and conditions on the Purchase Order do not apply to this AGREEMENT. 16. Force Majeure If performance of the Services is affected by causes beyond CH2M HILL's reasonable control, project schedule and compensation shall be equitably adjusted. 17. Dispute Resolution The parties will use their best efforts to resolve amicably any dispute, Including use of alternative dispute resolution options. 15. Changes Client may make or approve changes within the general Scope of Services In this AGREEMENT. If such changes affect CH2M HILUs cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. lu/15/ub THU 15:08 FAX Exhibit A = Task Order/Scope of Work .City of Meridian Sewer Modeling Technical Assistance CH21A HILL (Consultant) shall provide the services, as described below, related to providing the City of Meridian (City) technical assistance related to computer modeling of their sewer collection system. Consultant was selected to provide these services via the City's Miscellaneous Wastewater Project Roster that was approved by City Council on January 18, 2005. Scope The Consultantwill provide on-call assistance via Sewer Modeling technical specialists to identify and aid in the resolution of problems and/or completion of work tasks specifically identified by the City. Consultant will communicate with the City via conference calls , web meetings and or visits to the City as needed to gather needed information. If needed, Consultant will arrange and coordinate all associated web and conference call specifics. Work will focus on, but not be limited to, the set-up, calibration, modification and day-to-day upkeep of the City's existing sewer collection model. Deliverables No specific .technical memorandums or other deliverable product. is anticipated unless specifically requested by the City. Assumptions • The City will provide Consultant access to their computer system(s), existing sewer model(s), GIS system(s) and other information and systems as necessary to complete the work Project Management Consultant shall set up internal accounting files and project •number for this work. Consultant's project manager shall coordinate and review work activities of the project team. Consultant shall prepare and submit invoices to the City on a monthly basis. Project Budget Due to the undefined nature of the work, the Consultant will invoice on a time and materials basis with a not -to -exceed amount of $10,000 without prior approval. Time and expenses will be charged as defined in Agreement. October 20, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT Mayor's Office October 24, 2006 Ll Department Report ITEM NO. U -A- I REQUEST Presentation by Mayor's Anti -Drug Coalition AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 October 20, 2006 Department Report MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT Mayor's Office ITEM NO. p_ A REQUEST Reappointment of Larry Lipschultz to Meridian Development Corporation AGENCY COMMENTS CITY CLERK: seee oxtaClrA& CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 Meridian Development Corporation Board Of Commissioners' Terms of Office and Occupant History Action Term Expires In Seat # Name Description Action Date August O 1 Jim Johnson Appointed 28 -Aug -2001 2004 Resigned 1 -Jan -2003 Jonathan Cecil Appointed 15 -Apr -2003 2004 Re -Appointed 3 -Aug -2004 2007 2 Clarence Jones Appointed 28 -Aug -2001 2005 Re -Appointed 1 -Oct -2002 2005 Re -Appointed 13 -Sep -2005 2008 3 Anne Marie Molenaar-Schram Appointed 28 -Aug -2001 2003 Resigned 1 -Feb -2002 Craig Slocum Appointed 2 -Apr -2002 2003 Re -Appointed 13 -Jan -2004 2006 Re -Appointed 22 -Aug -2006 2009 4 Clair Bowman Appointed 28 -Aug -2001 2003 Re -Appointed 3 -Aug -2004 2006 Resigned 13 -Oct -2004 Ron Anderson Appointed 15 -Dec -2004 2006 Larry Lipschultz Appointed 1 -Nov -2006 2009 5 Tammy de Weerd Appointed 28 -Aug -2001 2003 Resigned 1 -Jan -2004 Charlie Rountree Appointed 13 -Jan -2004 2006 Resigned 28 -Feb -2006 Shaun Wardle Appointed 28 -Feb -2006 2006 Joe Borton Appointed 22 -Aug -2006 2009 6 Keith Bird Appointed 28 -Aug -2001 2002 Re -Appointed 1 -Oct -2002 2005 Re -Appointed 13 -Sep -2005 2008 7 Linda Rupe Appointed 28 -Aug -2001 2004 Re -Appointed 3 -Aug -2004 2007 Resigned 1 -Jan -2006 Erik Oaas Appointed 7 -Feb -2006 2007 C� • October 20, 2006 Department Report MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT Park's Department - Doug Strong ITEM NO. Lp-� REQUEST Budget Amendment for Kiwanis Park Development 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 Minutes SS`(,�(� 52,``' oqck . C�t V e b lzo see -attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council r October 17, 2006 Page 8 of 30 • Rountree: Madam Mayor, I understand they need direction. Other than a motion for one way or the other, is there a resolution that needs to be prepared or an ordinance or -- Nary: No. Madam Mayor, Members of the Council, Councilmember Rountree, if you want to -- if the Council moves to approve this agreement, then, you can simply do that, we don't need a resolution. Rountree: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Nary, is there -- that last question seemed a bit odd. Who is the owner of property? Is it Mary Wales? Does she need to come and make this request? Nary: Well, Members of the Council -- or Madam Mayor, Members of the Council, Councilmember Borton, Mary Wales has signed this agreement. She is the current property owner and I didn't know, since he said they were buying it, if that transaction had been completed, so that they should be the appropriate party, but since she currently owns it, we have recorded that document, it applies to all successor parties, so it would be binding on their LLC or if he buys it outright or however that goes. Borton: Okay. De Weerd: Okay. Any further questions? Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor, I move that we approve the agreement for the hook up to the city sewer and water for the property at 2660 East Franklin Road. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Parks Department — Doug Strong: Meridian City Council • October 17, 2006 Page 9 of 30 1. Kiwanis Park Development, Impact Fee Reimbursement, and Real Property Conveyance Agreement: De Weerd: Thank you. Item C is our Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. As you may recall, several months ago we brought forward to your proposal to enter into an agreement with Kenai Development, Park Point Development, to develop Kiwanis Park and for a donation of a little over two acres to the park be a part of that project and participation by the developer in the green up phase of the park. So, in that period of time since we have been working on the agreement, which you have I think a very near final copy of before you tonight. It's -- we are still working on getting things clarified in it clear after 5:00 o'clock tonight. So, I think we are very close to a final agreement. We wanted to give you the opportunity to take a look at that and discuss any questions that you have tonight and bring it back next week for approval. There is a couple of elements in it that are important, certainly the transfer of property that would add the two acres to the existing property and, then, our agreement with the developer to develop the park and the pathway connection out to Eagle Road that we discussed earlier that was not on the table earlier for development, but with this opportunity to partner with the developer is now going to provide us with, essentially, a completed park and a pathway connection to Eagle Road. So, the last two pages of the exhibit show you the contractor's bid for completing that work and, then, the next page is the budget that goes along with what extra things we need to do to finance the completion of the project, which would include installation of a restroom and a playground. The Kiwanis club still wants to build a shelter on the site, but at the completion of this work everything would be, essentially, done, with the exception of the shelter and a basketball court, tennis court, we are still discussing whether we want to look at maybe a little bit different design for a basketball court that might be a tennis court with basketball on the end. Looking at some design opportunity there. So, maybe the first thing would be to discuss the transfer of the property and the deed and what is involved with that and, then, I can -- and I will ask Bill Nary to talk about that part of the agreement and, then, talk about the other part. De Weerd: Okay. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council, you have in front of you a proposed agreement for both park development impact reimbursement and real property conveyance. Mr. Baird from my office has been working with counsel for the developer in this case Richard Andrus from the law firm of Butler & Spink. I think we have got some -- I think we have got this into its final stages. I have gotten a couple of e-mails from Mr. Baird this evening. He has been corresponding with Mr. Andrus on a couple of very minor changes. I think the most significant change that we have reached in this resolution is not having the restrictions on potential transfer in the future and after 30 years they have agreed to allowing of that to be in the city's control in the future. Most of the other things are fairly minor things. Mr. Baird was anticipating getting the last of it cleaned up and have an actual final copy for your approval for next week on their consent agenda and, then, I think we can complete the transaction and there is Meridian City Council October 17, 2006 Page 10 of 30 some issues on the deed and make sure all the language is correct and the property descriptions are correct and we can get all that done after this agreement is signed. De Weerd: Okay. Council, any questions? Doug, anything you need to add to that? Strong: Excuse me. Madam Mayor, Members of the Council, I think the only thing that I know that Mr. Baird and I discussed today was to bring back to you a copy -- a signed copy of the deed from the other party next week. That's typically the way I think you want to receive agreements -- or a signed copy of the agreement, not the deed, so that you will be reviewing and signing a signed copy by the other party. And if there is no more questions about -- De Weerd: Well, Mr. Strong, I guess my question is -- this is something they came and requested of Council a number of months ago; is that correct? Strong: That's correct. De Weerd: And I guess this is a great segway into the next piece I anticipate you covering, is this additional cost. It was my impression that when they came and suggested this donation, it would be green and a lot of this work was included in that donation; is that not correct? Strong: That's partially correct. And maybe I will just dive right into -- De Weerd: Okay. Strong: -- that segment of -- the discussion at the time was the developer would participate in the green up of the park and when you look at the breakdown of the cost for the contractor, the parking lot, the pond, pond liner, we already had the irrigation pump installed, there were other costs outside of what was determined to be green up cost, so that the set donation of 275,000 dollars that's identified in the agreement is to pay for the items that, essentially, define the green up, the irrigation system, seeding the grass, the tree planting. those elements and, then, the additional work along -- green up along the pathway connection, which when we earlier budgeted for the green up of the park it did not include the pathway connection to Eagle Road or to the segment of the pathway that comes in from Eagle Road. So, we have actually had an added benefit that we are able to connect that in the first phase. So, the other elements that are left out are other -- concrete for where the restroom and shelter and play equipment will be, the parking lot, the connection to the pump station, the pond and pond liner, those elements, so -- De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 17, 2006 Page 11 of 30 40 Bird: On your list of expenses I got a question to ask. You're saying 500 dollars for a punch list and final walk through of 400 dollars and O&M's and manuals and stuff -- isn't that done by the -- by the architect or engineers and why would we be putting money out for a punch list and walk throughs? Strong: Madam Mayor, Councilman Bird, this -- this contract was negotiated by the developer. The developer is our construction manager on this project. I have a representative from the developer here tonight that maybe can answer those questions. Bird: I'd like an answer. I have never been paid in my life for a punch list that I was called back on. Strong: This is Joe Atalla from Park Point Development. De Weerd: Thank you for joining us, Joe. Atalla: Thank you. Joe Atalla, 6223 North Discovery Way in Boise. 83713. Madam Mayor, Members of the Council, and Councilmember Bird, to answer your question about the punch list items and the final work through, this Exhibit C here is the proposal that we received from the contractor. We put the project out to bid and this contractor won the proposal based on a lump sum originally and their lump sum number was considerably lower than the next contractor. After that we had them break it down further, so we saw where all the money was going and how much specific items of green up were and these items showed up afterwards. Bird: Okay. De Weerd: Okay. Council, any other questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Doug, the 275,000 donated work to be completed, that has already been completed; is that right? Strong: Madam Mayor, Councilman Borton, that work -- I'm sure that the work that's progressed at the site they have gone beyond the 275,000 dollars that is currently identified to be donated by the developer. When we did our park tour back in August and we looked at Kiwanis Park it didn't look like much had happened there. If you go out there today it looks dramatically different and especially since the development to the north and the earth moving work that's being done there is all the way down to Overland Road it's a dramatically different look today than back in August. So, there has been a Meridian City Council • October 17, 2006 Page 12 of 30 tremendous amount of work accomplished at the site already and it continues uninterrupted as per the commitment from the developer. There has been no stoppage because they have gone over 275,000. So, their commitment has been very true to our earlier verbal agreement. Until the written agreement's in place they -- and they knew at the time, they are committed beyond what they are offering financially to the project. We are very pleased with what we see there to this point. The work has been very well done, even to the point of making extra effort to get the paved pathway connection to the high school in the week that school opened and that was -- that was their first priority, they got right in and got it done and there was only I think two days that there wasn't pavement, but that the pathway connection never was obstructed to distract from students getting to the high school. De Weerd: Thank you, Doug. Any other questions from Council? Bird: I have none, Mayor. De Weerd: Okay. You do have a request for a budget amendment in front of you. Strong: Madam Mayor, I would need to bring that back next week. I have not prepared that and brought it to you and finance yet. This just -- De Weerd: I know. I was going to say I don't remember seeing a form. Strong: No. It's not -- it's not come through yet. So, what I guess I want is guidance from -- if we bring it back and discuss it or we can bring it back on a Consent Agenda for next week, if you have no other questions or any need for any changes there. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Regardless of the form, I mean if it's going to be brought back, I don't know if we -- to determine the particular meetings if it's on an agenda or not. Mr. Nary, is that -- Nary: Madam Mayor, Members of the Council, I think if you want to have it as a discussion item you can certainly direct that we have it as another report for next week. Otherwise, our normal course would be to put it on the Consent Agenda and you can always pull it off for discussion if you needed to. I think all that Mr. Strong was trying to do was just, I guess, give you all the opportunity to have some time to look at this agreement, since you have just seen it today. Again, I think we will have some final tweaks to it, but this is generally the document that you will see next week and if there isn't anything else, we can certainly just put it on for Consent and if you have questions Mr. Strong could be here to answer them. Wardle: Madam Mayor? Meridian City Council • October 17, 2006 Page 13 of 30 De Weerd: Mr. Wardle. Wardle: I guess my preference would be for the agreement portion to bring that forward on the Consent, with the budget amendment in a department report for next week. De Weerd: Okay. Okay. Well, I appreciate your time and thank you, Joe, for joining us. We look forward to seeing this as a completed project next week. D. Mayor's Office: 1. Presentation by Mayor's Anti -Drug Coalition: De Weerd: And now that I have challenged staff, they have been diligently trying to see if we can play this DVD on my computer. And I apologize, Council, I have been at meetings all day and so wasn't around to follow up with staff to make sure that this was set up and it's not -- and I appreciate your effort over there. So, we will go ahead and put it on our agenda for next meeting and I ask your forgiveness for not having that set up. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 06-045 Request for Final Plat approval of 61 single-family residential building lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Village Subdivision by Incline Village, LLC — 1947 and 1923 North Black Cat Road and 5136 West Cherry Lane: De Weerd: So, we will move to Item No. 8, which is FP 06-045. Canning: Madam Mayor, Members of the Council, we don't have the computer reconfigured -- put back together yet, but staff is recommending approval of this final plat application and there was -- the applicant has provided a written agreement with the conditions. They did ask for clarification on condition number 13 and staff agrees with their clarification. It's for Incline Village Subdivision. There we go. Sony. De Weerd: Thank you, Anna. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No. 8, FP 06-045 final plat. 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Park Development, Impact Fee Reimbursement, and Real Property Conveyance Agreement for Kiwanis Park with Tuscany Development, Inc. and Kenai Partners, LLC. Approved by City Council October 24, 2006. PARK DEVELOPMENT, IMPACT FEE REIMBURSEMENT, AND REAL PROPERTY CONVEYANCE AGREEMENT This Park Development, Impact Fee Reimbursement, and Real Property Conveyance Agreement (the "Agreement") is entered into this 2?C day of October, 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, whose address is 33 East Idaho Street, Meridian, Idaho 83642 (the "City"), and the developer of the Gramercy Subdivision, Tuscany Development, Inc., an Idaho corporation, whose address is 660 E. Franklin, Ste. 240, Meridian, Idaho 83642 (the "Developer"), and Kenai Partners, LLC, an Idaho limited liability company, whose address is 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713 (the "Landowner"). RECITALS A. WHEREAS, Developer has agreed to purchase from Landowner certain real property located in City of Meridian, County of Ada, State of Idaho, for the purposes of platting and developing the Gramercy Subdivision; and B. WHEREAS, Landowner will retain ownership of a certain portion of real property in the Gramercy Subdivision consisting of two and four hundredths (2.04) acres more particularly described in a legal description attached hereto and made a part hereof as Exhibit A (the "Property"); and C. WHEREAS, Landowner desires to gift, grant and transfer the Property, and City desires to receive as a gift, have granted and have transferred the Property; and D. WHEREAS, Developer has undertaken at its own expense to construct and develop the Property as a park (the "Park"), adjacent to that existing Kiwanis Neighborhood Park ("Kiwanis Park"), which when completed such Park will be incorporated into and connected with Kiwanis Park; and E. WHEREAS, Developer has undertaken at its own expense to construct and develop additional park improvements to the existing Kiwanis Park; and F. WHEREAS, Developer has agreed to provide the construction, installation and inspection of the improvements necessary to construct the Project strictly adhering to City specifications, the benefit of Developer being completion of the design and construction of the Project at a date earlier than would be possible if City were to undertake such construction, and the benefits to City being the completion of construction of the Project at substantially less cost and expense, resulting in a savings to the citizens and residents of Meridian, and the obtaining of additional park space and improvements for the use and enjoyment of the citizens and residents of Meridian at a date earlier than would otherwise be possible, which benefits to City are determined substantial and in the best interests of City and its citizens and residents; and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 1 0 • G. WHEREAS, Developer desires to donate a portion of the Work on the Project to City as a gift; and H. WHEREAS, City has earmarked and will earmark certain impact fee funds for Work on the Project, and City desires to use those impact fee funds to reimburse Developer for the portion of the Work on the Project that is not donated by Developer; and 1. WHEREAS, City, pursuant to Meridian City Code section 10-7-9, and Idaho Code sections 67-8207 and 8209, has the authority to enter into agreements with developers for the construction of system improvements, including park and recreation facilities, when the same are to be paid by development impact fees; and J. WHEREAS, Developer is entitled to receive reimbursement in the calculation of development impact fees, for the present value of any construction of system improvements of the category for which the development impact fee is being collected, provided that an agreement for such reimbursement is negotiated in good faith; and K. WHEREAS, City agrees that the use of the park impact fee reimbursement will help City achieve its goal of increasing its inventory of neighborhood parks. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and in consideration of the covenants and conditions set forth herein, City, Developer, and Landowner do hereby agree as follows: 1. DEFINITIONS As used in this Agreement, the following words have the meanings herein stated: 1.1 "Ciff'shall mean City of Meridian acting through its Parks and Recreation Department ("MPR"). 1.2 "Construction Documents" shall mean the completed and fully detailed drawings and specifications prepared by and paid for by City, setting forth in detail the requirements for construction of the Work. Upon review and acceptance of the Construction Documents by City and Developer, the same shall be incorporated into this Agreement. The Construction Documents shall become the property of City. Construction Documents must comply with the Program Documents and the design development documents, or with deviations agreed to by City and Developer. 1.3 "Contract Documents" shall mean this Agreement, and any other modifications authorized by Change Order issued pursuant to this Agreement. City shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished under this Agreement. City shall, without additional PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 0 0 compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. In the event of any inconsistencies among the Contract Documents, the documents will first be interpreted as a reasonable whole to assure that the goal of a functional facility is achieved. Should the inconsistency still exist then, the documents will be interpreted as follows: The Construction Documents, the design development documents and then the Program Documents. 1.4 "Design Engineer" shall mean the firm of Pinnacle Engineering, 12552 Executive Drive, Boise, Idaho 83713, and will not be changed without the prior written consent of City. 1.5 "Developer" shall mean Tuscany Development, Inc., an Idaho corporation, 660 E. Franklin, Ste. 240, Meridian, Idaho 83642, Developer of the Gramercy Subdivision. 1.6 "Landowner" shall mean Kenai Partners, LLC, an Idaho limited liability company, 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713. 1.7 "Program Documents" shall mean all of the requirements and minimum quality standards applicable to the Project outlined by City in its standard plans, details, and specifications. City warrants that its design development documents and its complete design of the Project does and will fully satisfy or exceed the requirements of the Program Documents in providing fully functional facilities, unless indicated otherwise in the approved design development documents. If quality levels are not stated in the Program Documents, it shall remain at the same level of quality and workmanship established for the rest of the Project. 1.8 "Project" shall mean both the design and construction of certain park improvements to the existing Kiwanis Park and the design and construction of the new Park with the legal description attached hereto and made a part hereof as Exhibit A (the "Property"), attached hereto and incorporated herein, of Gramercy Subdivision No. 1, consisting of two and four hundredths (2.04) acres, as donated by Landowner and as approved by the Meridian Board of Parks and Recreation Commissioners and the Meridian City Council 1.9 "Project Representative" shall mean the person appointed by City to act on its behalf as to matters indicated under this Agreement. The appropriate Project Representative during the design phase and the construction phase is Doug Strong or his designee. City may employ an additional outside consultant to act with and on behalf of City as an inspector. 1.10 "Work" shall mean all labor, equipment, materials, management services and other services necessary or appropriate to construct the Project. 2. TRANSFER OF THE PROPERTY 2.1 Transfer of Title. Landowner agrees to gift, grant and convey, and City agrees to receive as a gift, to have granted and to have conveyed the Property. City's agreement to accept the gift of real property is conditioned upon the City's review of the condition of title to the Property. City will not accept the gift of real property until City is satisfied through its review of PARK DEVELOPMENT AND PARK IMPACT FEE REEVMURSEMENT AGREEMENT PAGE 0 the state of title that there are no monetary liens or any encumbrances that would cause the Property to be incapable of being used for the purposes contemplated by this Agreement. 2.2 Deed. Landowner shall convey the Property to City by a deed of gift substantially similar to the Deed of Gift attached hereto as Exhibit B and made a part hereof. 2.3 Title Commitment/Title Policy. Landowner makes no express or implied warranties pertaining to the condition of title to the Property. City has chosen to obtain at its own expense a title commitment and/or a title policy on the Property through Lawyers Title of Treasure Valley. 2.4 Gift Date. The transfer of the Property contemplated by this Agreement shall take place on or before December 31, 2007 (the "Gift Date"), at a location and time mutually agreed upon by the parties. The transfer of the Property shall take place through escrow closing at Lawyers Title of Treasure Valley, with costs shared equally by Landowner and City. 2.5 Prorations. All items typically prorated, including, without limitation, taxes, liens and assessments, shall be prorated as of the Gift Date. All prorations shall be final. 2.6 Tax Status. It is understood that Landowner intends for the transfer of the Property to City to represent a gift and to qualify as a tax-exempt contribution to City. In recognition of the gift from Landowner, City will provide information and assistance as necessary for completion of the applicable Department of Treasury Forms and other reasonable documentation as may be required to document such gift. 3. OBLIGATIONS OF DEVELOPER 3.1 Improvements to be Constructed by the Developer. Developer shall complete Work on the Project as described on Exhibit C, attached hereto and incorporated herein, subject to the donation and reimbursement provisions in Section 7 of this Agreement. 3.2 Additional Improvements to be Constructed by Other Parties. Parties other than Developer shall complete Work on the following additional improvements, including, without limitation: (i) picnic shelter; (ii) restrooms; (iii) installation of playground equipment; and (iv) basketball court. The improvements listed in this paragraph are not subject to this Agreement and Developer is not obligated to construct said improvements. 3.3 Plans and Specifications. The Park improvements shall be installed and constructed as shown on the plans, details and specifications that are in accordance with MPR's adopted Master Plan and MPR's standard plans, details and specifications (Contract Documents), as per the technical specifications for the Park paid for by City and submitted by Design Engineer. These Contract Documents shall be approved by the director of MPR and other applicable government agencies prior to development. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 4 0 0 3.4 Work. Developer shall provide all construction supervision, inspection, labor, materials, tools, equipment, and all other Work necessary for the execution and completion of the Project. 3.5 Work Area. Developer shall at all times keep all areas where work is being performed or materials stored, and surrounding areas, free from the accumulation of waste materials or rubbish caused by his operations. Upon completion of the Work or any portions thereof accepted by City for partial occupancies, Developer shall remove all waste and rubbish and all construction tools, equipment, machinery and surplus materials from such areas. Developer will comply with the dust control ordinance. 3.6 Repair and Remodel. City may use the proposal documents, the design development documents and the Construction Documents and modifications thereof for any remodel renovation, addition or repair of the Project or any part thereof. 3.7 Defects. Developer warrants to City that all materials and equipment furnished under this Agreement will be new; that all Work will be of good quality, free from improper workmanship and defect, and, further, that the materials and equipment used in construction will be constructed and installed in accordance with the Contract Documents. Developer shall correct any work that fails to conform to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Completion Date. The provisions of this Agreement apply to work performed by Developer and Developer's subcontractors, consultants, and suppliers. All corrections shall be made at no additional cost and at no increase in the contract price. With respect to latent defects not reasonably discoverable within such one year period of time, such defects shall be corrected by Developer upon written request given within one year from the actual date of discovery of such defect, except that Developer shall not be required to correct latent defects first discovered later than three (3) years from the Completion Date. The foregoing warranties are in addition to and not a limitation of. (i) all other rights and remedies available at law and equity including any specific additional warranties contained elsewhere in the Contract Documents, (ii) such warranties as may be available from manufacturers of equipment, suppliers of materials or other third-parties,(iii) Developer's obligation to complete all Work in strict accordance with the Contract Documents, and (iv) City's other remedies. 3.8 Inspection Certificates. Developer will secure and submit certificates of all inspection, testing, or approvals to the Project Representative. 3.9 Manufacturer Warranties. Developer will collect and submit to City all manufacturers' warranties and all other documents relating to materials and facilities otherwise required by the Contract Documents. 3.10 Other Warranties. Any warranties provided by Developer and of third parties are for the benefit of City. Developer will be obligated and responsible to City to the full extent of any warranties provided by subcontractors, suppliers, manufacturers or others. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 5 0 • 3.11 Insurance. Developer shall provide such insurance as is required in the Section 9 of this Agreement. 4. OBLIGATIONS OF CITY 4.1 Duties of City. City shall provide Developer and Landowner with the following: 4. 1.1 Engineering and architectural designs prepared by City's independent contractor necessary to complete the Project. 4.1.2 Construction Documents of the Project prepared by City's independent contractor and in accordance with the design development documents and all applicable building codes in effect on the date hereof. All design, engineering, architectural, or other professional services that are a part of the Work shall be performed by duly licensed professionals, skilled and experienced in this type of project. 4.1.3 Specifications for the ten (10) foot wide multi -use pathway for the portion that goes through the Park. 4.1.4 Specifications for the pressurized irrigation system and irrigation pond. 4.1.5 Specifications for the Park's pressurized irrigation pump station currently existing at the Park site. 4.1.6 Specifications for the location of the sewer and water stubs to the Park. 4.1.7 Specifications for the location of other utilities for the Park. 4.1.8 Specifications for the PUIS design for the Park. 4.2 Project Representative. The Project Representative shall be acquainted with the Project and shall act on behalf of City with respect to the Project, subject to the limitations upon such authority contained in this Agreement. The Project Representative during the design phase and the construction phase is Doug Strong. If City desires a Project Representative other than Doug Strong, then City shall designate the new Project Representative in writing as provided in Section 11, below. 4.3 Notice of Fault, Defect, or Nonconformance. If City becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, City shall give prompt written notice to Developer. 4.4 Fees, Assessments, and Charges. City shall secure and pay for all necessary approvals, easements, assessments, and charges required for use, or occupancy of the facilities, including any plan check fee required by the Meridian City Building Department. 5. SUBCONTRACTORS PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 6 r 0 5.1 All Work not performed with Developer's own forces shall be performed under written subcontracts. Developer shall submit to City, a list of the names and addresses of all subcontractors, suppliers, and consultants. Developer shall complete Form WH -5 as required by the State Tax Commission. 5.2 No contract or agreement, express or implied, shall be deemed to exist between City and any subcontractor, supplier, consultant or other person acting on behalf of Developer. Developer shall be responsible for the control and direction of all subcontractors, supplies, and other persons participating in the construction of the Project and shall be responsible to City for their acts and omissions, and their failure to perform the Work in strict accordance with the Contract Documents. Developer shall be responsible for the payment of all subcontractors, supplies and other third parties participating in the construction of the Work and shall indemnity, defend, and hold City harmless from any claim, liability, cause of action, or suit relating to or arising out of the acts of such person or failure to make payments due or allegedly due any of such persons. 6. COMPLETION OF THE PROJECT 6.1 Construction Completion. Developer shall substantially complete all Work on the Project by June 7, 2007, weather permitting. Time extensions may be granted hereunder by City in accordance with the provisions of this Agreement. If a time extension is not granted, then in that event if Developer fails to complete construction within the time periods herein stated, Developer shall be in default of this Agreement. 6.2 Completion of the Project. Completion of the Project shall mean the date determined by the Project Representative and Developer when construction is sufficiently complete in accordance with the Construction Documents so that City can fully occupy or effectively utilize the facilities for its intended use. At the time of City occupancy of the Project, City shall direct the Project Representative to execute a written certificate of completion (the "Certificate of Completion"). The date of the Certificate of Completion shall be the "Completion Date." All warranties, including, without limitation, the three (3) year warranty provided in Section 3, shall commence on the Completion Date. 7. REIMBURSEMENTS AND PAYMENTS 7.1 Total Project Budget. The total Project budget is Seven Hundred Fifty Six Thousand, Thirty Seven and No/100 Dollars ($756,037.00), as detailed on Exhibit D, attached hereto and incorporated herein. 7.2 Donation. Developer agrees to donate to City Park improvements and Work in the amount of Two Hundred Seventy-five Thousand and No/100 Dollars ($275,000.00). 7.3 Reimbursement. City shall reimburse Developer for the remaining costs associated with any Park improvements and Work performed by Developer in an amount not to exceed the Total Project Budget as set forth in Section 7. 1, less the amount of the Donation set forth in Section 7.2, said amount being Four Hundred Eighty One Thousand Thirty Seven and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 7 No/100 Dollars ($481,037.00). Developer shall submit to City invoices for any and all completed and uncompensated costs on the first day of each month until such time as Developer completes construction on the Park. City, upon verification of work completed, shall pay Developer in full for each invoice received before the last day of the same month in which City receives the invoice. City shall pay Developer at a rate of eight percent (8%) per annum for any invoices not paid in full by the end of the month in which Developer submitted the invoice to City. 8. CHANGES IN THE PROJECT 8.1 Changes by City. City, without invalidating this Agreement, may order changes within the general scope of the Project consisting of additions, deletions or other revisions. The Completion Date shall be adjusted accordingly. Changes in the Project may be authorized only by written Change Order approved by City. 8.1.1 Change Order ("Change Order") is a written order to Developer issued by City after the date hereof, authorizing a change in the Project or the Completion Date. 8.1.2 City will provide Developer written authorization and direction to make City requested Design Changes. Any City directed Additional Design Changes will be paid by written Change Order. 8.2 Claims for Additional Time. 8.2.1 If Developer wishes to make a claim for an extension in the Completion Date or in an instance where Developer contends it was delayed by an act or omission of City, it shall give City written notice thereof within ten (10) calendar days after the occurrence of the event giving rise to such claim, which claim shall not be unreasonably withheld, conditioned, or delayed. This notice shall be given by Developer before proceeding to execute any Work affected by the event giving rise to such a claim, except in an emergency endangering life or property in which case Developer shall act, at his discretion, to prevent threatened damage, injury or loss. 8.2.2 If it is determined from the claim and notice submitted by Developer that City has delayed Developer, then City shall issue a Change Order and an extension of time shall be granted for the demonstrated period of time lost that is directly attributable to the delay. 9. INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION 9.1 Indemnity. Developer shall indemnify, defend and hold harmless City, its agents, employees, representative, consultants and successors from and against all claims, damages, costs, liabilities, judgments, legal fees, expenses, actions, and suits for personal injury, death, and property damage, arising out of the Project, the Work, or the acts or omissions of Developer, subcontractors, suppliers, agents, consultants, representatives and materialmen, including without limitation the employees of each, caused by any negligent or wrongful act or omission of any of such persons or by any failure to comply fully with any term or condition of the Contract PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 8 r Documents, to the extent the acts, omission, or negligence of City did not cause such claims, damages, costs, liabilities, judgments, legal fees, or expenses. 9.2 Liability Insurance. Developer shall carry the following insurance for Work on the Project: 9.2.1 The primary engineer and all associates and consultants shall carry professional liability insurance with a minimum limit of Five Hundred Thousand and No/100 Dollars ($500,000.00). This insurance shall continue for two years after the Completion Date. 9.2.2 Developer shall purchase and maintain comprehensive general liability insurance with a combined single limit on One Million and No/ 100 Dollars ($1,000,000.00) each occurrence. The policy shall provide coverage for bodily injury and property damage, and shall include broad form property damage (including completed operations), personal injury liability (including coverage for employee acts), blanket contractual liability and products and completed operations. Liability coverage shall be provided for hazards commonly referred to as XCU (explosion, collapse, and underground). 9.2.3 All subcontractors of any tier shall be required to provide comprehensive general liability insurance with combined single limits for bodily injury and property damage of at least One Million and No/100 Dollars ($1,000,000.00) per occurrence, comprehensive auto liability insurance for all owned, non -owned vehicles with combined single limits for bodily injury and property damage of at least One Million and No/100 Dollars ($1,000,000.00) per occurrence or other limits as approved by City. 9.2.4 Developer and its subcontractors shall carry Worker's Compensation Insurance to cover obligations imposed by Federal and State statutes covering all employees, and employers' liability insurance with a minimum limit of One Hundred Thousand Dollars and No/100 Dollars ($100,000.00) per Accident; Five Hundred Thousand and No/100 Dollars ($500,000.00) per Disease Policy Limit; One Hundred Thousand Dollars and No/100 Dollars ($100,000.00) Disease, each employee. 9.2.5 Insurance Policy Requirements: All insurance required in this Section 9.3 shall be endorsed as follows: (a) City, including their respective agents, employees, consultants and representative shall be named as additional insured. (b) The insurance required shall contain a severability of interest clause such that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. (c) All insurance policies shall not be terminated or cancelled without thirty (30) calendar days advance written notice of cancellation to be provided by the insurance company. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 9 0 0 (d) The insurance afforded by Developer shall be primary insurance and any insurance carried by City shall be excess and not contributory insurance to that provided by Developer. (e) Each entity providing insurance shall furnish certificates of insurance that shall specifically set forth evidence of all coverage required above. If required each entity providing insurance will allow the other party to review and copy such insurance provisions contained in the certified policies. 10. TERMINATION OF AGREEMENT AND CITY'S RIGHT TO PERFORM DEVELOPER'S OBLIGATIONS 10.1 Termination for Cause. 10.1.1 If Developer fails to perform any of its obligations under this Agreement City, may upon seven (7) calendar days' written notice to Developer and Landowner take such action as is necessary to perform such obligation either with or without terminating this Agreement. 10. 1.2 In the event of any material breach of this Agreement by Developer, after ten (10) calendar days written notice to Developer, City may, in addition to any other remedies available, terminate this Agreement, take possession of the Project site and the raw materials, equipment, tools, construction equipment and machinery thereon owned or provided by Developer and may finish the Work by whatever reasonable means and methods City may determine necessary or expedient. In such instance Developer relieved from any of its obligations under this Agreement, including obligations assumed under the liability for damages paragraph listed herein. 10. 1.3 As used in the foregoing paragraph, a material default shall include but is not limited to: (a) persistent or repeated failures to provide properly skilled workmen or materials or failure to prosecute the Work according to the progress schedules provided herein; (b) unjustified failure to make proper payments to subcontractors for materials or labor; (c) persistent or intentional disregard of laws, ordinance, rules, regulations or orders of any public authority having jurisdiction; (d) being adjudged to be bankrupt or being subject to any state or federal insolvency proceedings. 10.2 Amendment. In the event City Council determines that this Agreement shall be modified, the terms of this Agreement shall be amended and Developer shall comply with the amended terms. Failure to comply with the amended terms shall result in default. 10.3 Waiver. A waiver by City of any default by Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 10 0 10.4 Plans and Specifications. In the event of any termination, whether if for cause or without cause, City shall have the right to reproducible copies of all design and construction plans and specifications, the ownership of all work in progress, and the right to complete all construction. 11. NOTICES Any and all notices, demands, requests or other communications required under this Agreement, shall be in writing and shall be deemed properly served or delivered, if delivered by hand to the party to whose attention it is directed, or when sent, three (3) days after deposit in the U.S. mail, postage prepaid, certified mail, return receipt request, or one (1) day after deposit with a nationally recognized air carrier providing next day delivery, or if sent via facsimile transmission, when received as determined by the facsimile transmission report related thereto, addressed as follows: To City: Meridian City Clerk 33 East Idaho Meridian, Idaho 83642 With a copy to: Doug Strong, Director, Parks and Recreation Department 11 W. Bower Meridian, Idaho 83642 To Developer: Tuscany Development, Inc. 660 E. Franklin, Ste. 240 Meridian, Idaho 83642 To Landowner: Kenai Partners, LLC 6223 N. Discovery Way, Suite 120 Boise, Idaho 83713 Either party shall give notice to the other party of any change of their address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. 12. DESIGN AND CONSTRUCTION DRAWINGS 12.1 Design. Developer acknowledges to City that Developer and firms working for Developer have been reviewed by City based upon Developer's representations and warranties that Developer has particular skill and experience in construction of park and recreation facilities substantially similar to this Project. Developer shall at all times manage the construction process so as to incorporate all of City's requirements and objectives for the Project as expressed in the Contract Documents, and so as to deliver the Project within the time limits provided in this Agreement. Any instance in which Developer learns of any defect or insufficiency in the Project or any part thereof, or learns that the Work is not proceeding in accordance with City's actual PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 11 objectives and requirements, then Developer shall immediately advise the Project Representative and Developer shall take all necessary action to correct same. 12.2 Building Codes. The Project, as designed and constructed, shall fully comply with all codes and standards applicable at date of this Agreement, including (a) the International Building Code; (b) Current IBC Standards; (c) Americans with Disabilities Act Accessibility Guidelines; (d) Current Uniform Plumbing Code; (e) Current National Electrical Code. Compliance with all of the foregoing codes shall be reviewed and approved by the Meridian City Building Department, where applicable. Plan check fees in connection therewith shall be paid by City. Plumbing and electrical permits shall be paid by City. The foregoing codes are in addition to and not in derogation of any other codes that may be applicable by law or governmental regulation. 12.3 Construction Documents. Developer shall keep at the Project a complete copy of the Construction Documents and shall afford the Project Representative access thereto. All cost resulting from errors, omissions, discrepancies, inconsistencies or ambiguities in the Construction Documents shall be borne by City, including any cost to correct Work already performed or to redesign or otherwise correct such deficiencies. 13. RECORD RETENTION REQUIREMENT: Developer shall maintain all records required by law for the period required. 14. UNFORESEEN CONDITIONS 14.1 Subsurface Conditions. Should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encouraged, the Completion Date shall be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions. 14.2 Site Inspection. Developer acknowledges that it has taken all steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and all local conditions which can affect the Work or its cost, including but not limited to: (1) conditions bearing upon transportation, disposal, handling, and storage of materials, remodel work, tie-ins and existing structures, utilities, security, and existing operations; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the topography and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. Any failure of Developer to take the actions described and acknowledged in this paragraph will not relieve Developer from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to City. City does not assume any responsibility for erroneous conclusions or interpretations made by Developer. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 12 • 0 14.3 Representations of this Agreement. City assumes no responsibility for any conclusions or interpretations made by Developer based on the information made available by City, nor does City assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the date hereof, unless that understanding or representation made concerning conditions which can affect the work by any of its officers or agents before the date hereof is expressly stated in this Agreement. 14.4 Notice of Conditions. Developer shall promptly, before the conditions are disturbed, and in all instances within ten (10) calendar days after the conditions are discovered, give a written notice to the Project Representative of. (1) subsurface or latent physical conditions at the site which differ materially from those which a reasonably prudent Developer could anticipate, foresee, or make provision for this type of Work at such site locations; or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents and which could have been reasonably foreseen and/or anticipated by a prudent developer. 14.5 Duty to Investigate. City shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in Developer's time required for, performing any part of the Work under this Agreement, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Agreement modified in writing accordingly. 14.6 Additional Time. No claim by Developer for additional time shall be allowed if there is no written notification to City as required herein. 15. SUSPENSION OF WORK 15.1 City may order Developer, in writing, to suspend, delay or interrupt all or any part of the Work for such period as may be determined to be appropriate by City. 15.2 If performance of all or any part of the Work is suspended under this Agreement for the convenience of City, an equitable adjustment shall be made to the Completion Date. However, no adjustment in the Completion Date shall be made under this clause for any suspension, to the extent that performance would have been so suspended, delayed, or for which an equitable adjustment is provided for under any other term or condition of this Agreement. 16. NUSCELLANEOUS 16.1 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. 16.2 Date Hereof. As used herein, the term "the date hereof' shall mean the date first set forth above. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 13 0 Idaho. 16.3 Governing Law. This Agreement shall be governed by the laws of the State of 16.4 Entire Agreement. This Agreement represents the entire agreement between City and Developer and supersedes all prior negotiations, representations or agreements. This Agreement may be amended only by written instrument signed by both City and Developer. 16.5 Severability. Should any portion of this Agreement be found to be unenforceable by a court of competent jurisdiction in such determination shall not void the entire Agreement, but will be limited only to those unenforceable provisions. 16.6 Attorney Fees. If either party shall default in the full and timely performance of this Agreement and said default is cured with the assistance of an attorney for the other party and before the commencement of a suit thereon, as a part of curing said default, the reasonable attorney fees incurred by the other party shall be reimbursed to the other party upon demand. In the event that either parry to this Agreement shall file suit or action at law or equity to interpret or enforce this Agreement hereof, the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses, including reasonable attorney fees, incurred by the prevailing party, including the same with respect to an appeal. 16.7 Captions. The captions at the beginning of the several paragraphs and sections, respectively, are for convenience in locating the context, but are not part of the text. [The remainder of this page left intentionally blank.] PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 14 IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year first above written. DATED this 26 'day of Bch 4e-- , 2006. CITY OF MERIDIAN "DEVELOPER" TUSCANY DEVELOPMENT, INC. B �) Mayor T e y c r . ,7,e>°Al rES T� �, By: /e R. Craig Groves, Secretary/Treasurer "LANDOWNER, KENAI PARTNERS, LLC Member By: A'3 R. Craig Groves, Managing Member PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 15 • STATE OF IDAHO ) County of Ada ) ss: On this � day of 0 4D , 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 City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) STATE OF IDAHO ) ss: County of Ada ) i Notary Public for Idaho Residing at: _ L� Commission Expires: On this 23day of OC-kbe-0- , 2006, before me the undersigned, for said State, personally appeared GREGORY B. JOHNSON and R. CRAIG GROVES,known to me to be the President and Secretary/Treasurer, respectively, of Tuscany Development, Inc., who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first ab -ova written (SEAL) Ote�e �'�'S C 40" 1-2 �O ? ; & IOTA k m;e 4 ..." c6' % �® Notary Publi ;foo Idaho Q Residing at:� Commission Expires: PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 16 0 . STATE OF IDAHO ) ) ss. County of Ada ) On this 14 day of OG-tO , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared GREGORY B. JOHNSON and R. CRAIG GROVES, known or identified to me to be the Managing Members of Kenai Partners, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the persons who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year inthOSIficate first above written_ 0 a, ova S•�°1 S CO (SEAL) •oew4+�p °see e®0® �l ° PUBLXC' e %®. °°-q� �~as ' °6606°°°°0 OF Schedule of F.x�9i'M15.00 e; Notary Public or Idaho Residing at: kw, x—n& Commission Expires: i Exhibit A — Legal Description of the Park Exhibit B — Deed of Gift Exhibit C — Elements of Project Improvements Exhibit D — Total Project Budget PARK DEVELOPMENT AND PARK UWPACT FEE REIMBURSEMENT AGREEMENT PAGE 17 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the West 1/2 of the NE 1/4 of Section 20, T. 3N., RIE., S.M., Ada County, Idaho, more particularly described as follows: Combucing at the North 114 comer of said Section 20, from which the Northeast corner .of said section bears North 89046'02" East, 2656.88 feet, Thence along the North-South mid-section line South 00*24'04" West, 1541.32 feet to the REAL pO1NT OF DEG UgNING. Thence South 89035'56" East, 40.00 feet; Thence South 00'24'04" West, 915.87 feet; Thence North 89°54'13" East, 120.08 feet; Thence North 53 °29'51" East, 43.98fit to a point on a curve; Thence 30.20 feet along the arc of a non tangent curve to the left; having a radius 00 of 75 feet, a delta -angio of 23'04'26", and a long chord hearing South 34'30'09" East, 30.00 feet; Thence South 550291St" WM.32.35 feet; Thence South 00°05'47" East,154.82 feet; Thence North 89-54'13" Bast, 1060.00 feet to a Point on the westerly boundary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records ofAda County, Idaho; Thence along the West boundary of said subdivision South 01042'39" West, 15:01 feet to the Southwest cower of said subdivision lying on the North boundary of Thousand Springs Subdivision No. 5; as same is recorded in Book 79 of plats.at Page 8535, records of Ada, County, Idaho; Thence along wilt North boundary South 89054'13' West, 1247.79 feet to the Center of said Section 20; Thence al"' the. North-South mid-section line and the. East boundaryof Resolution Subdivision NoJ, as same is recorded in Book 82 ofPlats at Page 9041, records of,Ada County, Idaho, North 00024'04" East, 1104,23 feet to the Point of Bening. Containing 2.04 acres, more or less. EXHIBIT A - I r 9 EXHIBIT B DEED OF GIFT [RORESENTATION ONLY — ORIGINAL MIST B'S IGNED AND NOTARIZg DEED OF GIFT THIS DEED OF GIFT is made this day of �0._,, twe Kenai Partners, LLC, and Idaho limited liability company ("Grantor" an ) t3' o �:� en '��" ',apolitical subdivision of the State of Idaho whose current address is 33 Eas . ah ends .,,Idaho 83642 ("Grantee"). w WITNESSE AS A GIFT to Grantee, Grantor does hereb `` t and-01ve to Grantee all of the real Property located in the County of Ada, State of Idaho, d . 'b .n Exhibit A, attached hereto and made a part hereof (hereafter, the "Prop)' to be a public park ("Park") . TOGETHER with all and singular th emen ,hereditaments and appurtenances thereunto belonging or in anywise alapertainmg` This conveyance by Gr r to ntee is trade subject to the following exceptions: 1. 3 EXHIBIT B - 1 All es an ORssnnts levied against the Property, including liens and "a irrigation district ("Taxes") for the year in which the cone `` ce "' ade shall be prorated between Grantor and Grantee as of the date flus De f Gift. Taxes levied and assessed for the prior year shall be paid by E ents and rights-of-way for roads, ditches, utilities and other purposes and 1u es which easements and rights-of-way are of record or visible upon ah sical inspection of the Property. p y Exceptions, reservations, terms, covenants and conditions of record; provided, however that Grantee shall not be subject to the Declaration of Covenants, Conditions and Restrictions for Gramercy Subdivision recorded as Instrument No. in the records of Ada County, Idaho; and further, Grantee shall not be a member of the Gramercy Subdivision Homeowners' Association, nor subject to assessments thereof. 0 Section 2. Conditions of Conveyance. TO HAVE AND TO HOLD the Property unto Grantee subject to the following express conditions and covenants which are accepted and agreed to by Grantee as evidenced by Grantee's execution of this Deed of Gift (collectively, "Grantee's Covenants"): 1. City covenants and agrees to use the Property to provide community open space and recreation facilities for the citizens of the City of Meridian. :. aintenance of the Property shall be undertaken by the Grantee, and Grant shal Property and all fixtures and equipment in satisfacto rY paz'k tarn the <-conditi ". 2. Without the prior written consent of Grantor, which ent all b fi: thin the sole and exclusive discretion of Grantor, at no tim d ���er no ��' cumstances shall the Property, or any portion thereof, or th , ark o be �s . cted thereon, be utilized for any residential, commercial, indu ooffi an the use of the Property as a public park. The term of the Grantee's Covenants*afl comrnen the date of recordation of this Deed of Gift and continue thereaft ora od of (30) years following the date of recordation of this Deed of Gift ("Coy - nt T m"). From and after the expiration of the Covenant Term, the Gre's coy u'` _ s all automatically terminate and end and shall be of no further force The Grantee's Cove ss 1 be den on the Property for the benefit of the Grantor, its successors andsi, " d shal Arun with the land. � n: v, Grantee shall be deemed to have accepted and agreed to comply ions set forth in this Deed of Gift. 0 0 IN WITNESS WHEREOF, Grantor has caused its name to be subscribed this ----,200—. GRANTOR: KENAI PARTNERS, LLC By: Gregory B. Johnson, Managing Member x. By. R. Craig Groves, Managing Member STATE OF IDAHO ) ) ss. County of Ada ) On this day of Notary Public in and for said Groves, known or identified i Idaho limited liability compA who executed the instru t acknowledged to me that �. ' day of _ w, 2006, before me, the undersigned, a onally pared Gregory B. Johnson and R. Craig e M aging Members of Kenai Partners, LLC, the a within and foregoing instrument, or the persons of aid Idaho limited liability company, and nited liability company executed the same. I have hereunto set my hand and affixed my official seal the t above written. Notary Public for Idaho Residing at: Commission Expires: 0 ACCEPTANCE CITY OF MERIDIAN, by its execution below, hereby accepts the terms of the foregoing Deed of Gift, and agrees to accept title to the Property subject to the conditions and restrictions set forth therein, and agrees to comply with the same. DATED this day of , 200 . A�' CITY OF MERIDIAN, a i 'callVivion of the State of Idaho By: Mayor T�. 'deer ATTEST:`` 1' G. Berg, Jr., City Clerk On da , 2006, before me, the undersigned, a Notary Public in and for sai nally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., kno me t e th ayor and City Clerk, respectively, of City of Meridian, Idaho, and who ex ted wi . instrument, and acknowledged to me that City of Meridian executed the sam . IN ITNESS 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: EXHIBIT B - 4 EXHIBIT A (Exhibit to Deed of Gift) L F cwq Legal Description A parcel of laW. located. in the West 1/2 of the NE 1/4 of Section 20, T.3N., R.1 E., BM., Ada `County, Idaho, more particularly descnlx d as follows: Commencing at the North /4 corner of said. Section 20, from which the Northeast corner of said section bears North 89°46'42" East, 2656.88 feet; Thencce.along the North-South mid-section line Sautb-000241041* West,1541.32 feet to the .REAL POINT OF BEGMN NG. Thence South 89°35'56" East, 40.00 feet; Thence South 000244'04" West, 915.97 feet; Thence North 89054'13" East,120.08 feet; Thence North 55029151" Hast, 43.98 feet to a point on a curve; Thence 3020 feet along the arc of a non tangent curve to the left; having a radius of 75.00 feet, a deltaangle of 23004'26", ands long chord baring South 34'30'09" East, 30.00 feet; Thence South 55'29'51" West, 32.35 feet; Thence South 00'05147" East, 154.82 feet; Thence North 89'54' 13" Fast, 1066.00 feet to a point on the westerly boundary of Bonito Subdivision, as.same is recorded in Book 86 of Plats at Pap 9783, records ofAda County, Idaho,• Thence alongthe West boundary of said subdivision South 01'42'39" West, 15.01 feet to the Southwest corner of said subdivision lying on the North boundary of Thousand Springs. Subdivision No. 5, as same is recorded in Book 79 of Plats at Page 8 53 5,records of Ada. County, Idako; Thence along said North boundary South .89-54'l 3" West, 1247.79 feet to the Center of said Section 20; Thence along the North-South mid-section line and the East boundary of Resolution Subdivision No. 1, as same is recorded in Book 82 ofPlats at Page 9041, records of Ada. County; Idaho, North 00.24' 04" But 1104.23 feet to the Point of Beginning. Containing 2.04 acres, more or less. EXHIBIT C ELEMENTS OF PROJECT IMPROVEMENTS EXHIBIT C - I 7 TEL l* omm - '' 1 'F� I M ll `" 1 3.. I '.i!: EI ':7 SILT f kr S�! EXHIBIT C - I EXHIBIT D TOTAL PROJECT BUDGET Kiwanis Park Project Budget Landscape Contract $649,174.00 Survey & Staking (allowance) 7,000.00 Contingency 10% 64 000.00 Construction Management 5% 33130.25 Insurance 21732.75 Total Project Bud pt Me 113100 Less: Developer Contribution $275,000.00 Less: Landowner Contribution $ (approx. 2.035 acres) Remaining Project Cost $48� nz� nn Kiwanis Park Budget $340,684.00 Less: Restroom, Playground 140,216.00 Remaining Kiwanis Park budget $ 200,468.00 Unfunded difference $ 280,569.00 Budget Amendment needed $280,569.00 EXHIBIT D - 1 October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT ITEM NO. REQUEST Kiwanis Park Development, Impact Fee Reimbursement, and Real Property Conveyance Agreement AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT:`�`�� CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. PARK DEVELOPMENT, IMPACT FEE REIMBURSEMENT, AND REAL PROPERTY CONVEYANCE AGREEMENT This Park Development, Impact Fee Reimbursement, and Real Property Conveyance Agreement (the "Agreement") is entered into this Z7' day of October, 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, whose address is 33 East Idaho Street, Meridian, Idaho 83642 (the "City"), and the developer of the Gramercy Subdivision, Tuscany Development, Inc., an Idaho corporation, whose address is 660 E. Franklin, Ste. 240, Meridian, Idaho 83642 (the "Developer"), and Kenai Partners, LLC, an Idaho limited liability company, whose address is 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713 (the "Landowner"). RECITALS A. WHEREAS, Developer has agreed to purchase from Landowner certain real property located in City of Meridian, County of Ada, State of Idaho, for the purposes of platting and developing the Gramercy Subdivision; and B. WHEREAS, Landowner will retain ownership of a certain portion of real property in the Gramercy Subdivision consisting of two and four hundredths (2.04) acres more particularly described in a legal description attached hereto and made a part hereof as Exhibit A (the "Property"); and C. WHEREAS, Landowner desires to gift, grant and transfer the Property, and City desires to receive as a gift, have granted and have transferred the Property; and D. WHEREAS, Developer has undertaken at its own expense to construct and develop the Property as a park (the "Park"), adjacent to that existing Kiwanis Neighborhood Park ("Kiwanis Park"), which when completed such Park will be incorporated into and connected with Kiwanis Park; and E. WHEREAS, Developer has undertaken at its own expense to construct and develop additional park improvements to the existing Kiwanis Park; and F. WHEREAS, Developer has agreed to provide the construction, installation and inspection of the improvements necessary to construct the Project strictly adhering to City specifications, the benefit of Developer being completion of the design and construction of the Project at a date earlier than would be possible if City were to undertake such construction, and the benefits to City being the completion of construction of the Project at substantially less cost and expense, resulting in a savings to the citizens and residents of Meridian, and the obtaining of additional park space and improvements for the use and enjoyment of the citizens and residents of Meridian at a date earlier than would otherwise be possible, which benefits to City are determined substantial and in the best interests of City and its citizens and residents; and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 1 0 0 G. WHEREAS, Developer desires to donate a portion of the Work on the Project to City as a gift; and H. WHEREAS, City has earmarked and will earmark certain impact fee funds for Work on the Project, and City desires to use those impact fee funds to reimburse Developer for the portion of the Work on the Project that is not donated by Developer; and I. WHEREAS, City, pursuant to Meridian City Code section 10-7-9, and Idaho Code sections 67-8207 and 8209, has the authority to enter into agreements with developers for the construction of system improvements, including park and recreation facilities, when the same are to be paid by development impact fees; and J. WHEREAS, Developer is entitled to receive reimbursement in the calculation of development impact fees, for the present value of any construction of system improvements of the category for which the development impact fee is being collected, provided that an agreement for such reimbursement is negotiated in good faith; and K. WHEREAS, City agrees that the use of the park impact fee reimbursement will help City achieve its goal of increasing its inventory of neighborhood parks. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and in consideration of the covenants and conditions set forth herein, City, Developer, and Landowner do hereby agree as follows: 1. DEFINITIONS As used in this Agreement, the following words have the meanings herein stated: 1.1 "Ciff" shall mean City of Meridian acting through its Parks and Recreation Department ("MPR"). 1.2 "Construction Documents" shall mean the completed and fully detailed drawings and specifications prepared by and paid for by City, setting forth in detail the requirements for construction of the Work. Upon review and acceptance of the Construction Documents by City and Developer, the same shall be incorporated into this Agreement. The Construction Documents shall become the property of City. Construction Documents must comply with the Program Documents and the design development documents, or with deviations agreed to by City and Developer. 1.3 "Contract Documents" shall mean this Agreement, and any other modifications authorized by Change Order issued pursuant to this Agreement. City shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished under this Agreement. City shall, without additional PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 2 • 0 compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. In the event of any inconsistencies among the Contract Documents, the documents will first be interpreted as a reasonable whole to assure that the goal of a functional facility is achieved. Should the inconsistency still exist then, the documents will be interpreted as follows: The Construction Documents, the design development documents and then the Program Documents. 1.4 "Design Engineer" shall mean the firm of Pinnacle Engineering, 12552 Executive Drive, Boise, Idaho 83713, and will not be changed without the prior written consent of City. 1.5 "Developer' shall mean Tuscany Development, Inc., an Idaho corporation, 660 E. Franklin, Ste. 240, Meridian, Idaho 83642, Developer of the Gramercy Subdivision. 1.6 "Landowner" shall mean Kenai Partners, LLC, an Idaho limited liability company, 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713. 1.7 "Program Documents" shall mean all of the requirements and minimum quality standards applicable to the Project outlined by City in its standard plans, details, and specifications. City warrants that its design development documents and its complete design of the Project does and will fully satisfy or exceed the requirements of the Program Documents in providing fully functional facilities, unless indicated otherwise in the approved design development documents. If quality levels are not stated in the Program Documents, it shall remain at the same level of quality and workmanship established for the rest of the Project. 1.8 "Project" shall mean both the design and construction of certain park improvements to the existing Kiwanis Park and the design and construction of the new Park with the legal description attached hereto and made a part hereof as Exhibit A (the "Property"), attached hereto and incorporated herein, of Gramercy Subdivision No. 1, consisting of two and four hundredths (2.04) acres, as donated by Landowner and as approved by the Meridian Board of Parks and Recreation Commissioners and the Meridian City Council 1.9 "Project Representative" shall mean the person appointed by City to act on its behalf as to matters indicated under this Agreement. The appropriate Project Representative during the design phase and the construction phase is Doug Strong or his designee. City may employ an additional outside consultant to act with and on behalf of City as an inspector. 1.10 "Work" shall mean all labor, equipment, materials, management services and other services necessary or appropriate to construct the Project. 2. TRANSFER OF THE PROPERTY 2.1 Transfer of Title. Landowner agrees to gift, grant and convey, and City agrees to receive as a gift, to have granted and to have conveyed the Property. City's agreement to accept the gift of real property is conditioned upon the City's review of the condition of title to the Property. City will not accept the gift of real property until City is satisfied through its review of PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 3 the state of title that there are no monetary liens or any encumbrances that would cause the Property to be incapable of being used for the purposes contemplated by this Agreement. 2.2 Deed. Landowner shall convey the Property to City by a deed of gift substantially similar to the Deed of Gift attached hereto as Exhibit B and made a part hereof. 2.3 Title Commitment/Title Policy. Landowner makes no express or implied warranties pertaining to the condition of title to the Property. City has chosen to obtain at its own expense a title commitment and/or a title policy on the Property through Lawyers Title of Treasure Valley. 2.4 Gift Date. The transfer of the Property contemplated by this Agreement shall take place on or before December 31, 2007 (the "Gift Date"), at a location and time mutually agreed upon by the parties. The transfer of the Property shall take place through escrow closing at Lawyers Title of Treasure Valley, with costs shared equally by Landowner and City. 2.5 Prorations. All items typically prorated, including, without limitation, taxes, liens and assessments, shall be prorated as of the Gift Date. All prorations shall be final. 2.6 Tax Status. It is understood that Landowner intends for the transfer of the Property to City to represent a gift and to qualify as a tax-exempt contribution to City. In recognition of the gift from Landowner, City will provide information and assistance as necessary for completion of the applicable Department of Treasury Forms and other reasonable documentation as may be required to document such gift. 3. OBLIGATIONS OF DEVELOPER 3.1 Improvements to be Constructed by the Developer. Developer shall complete Work on the Project as described on Exhibit C, attached hereto and incorporated herein, subject to the donation and reimbursement provisions in Section 7 of this Agreement. 3.2 Additional Improvements to be Constructed by Other Parties. Parties other than Developer shall complete Work on the following additional improvements, including, without limitation: (i) picnic shelter; (ii) restrooms; (iii) installation of playground equipment; and (iv) basketball court. The improvements listed in this paragraph are not subject to this Agreement and Developer is not obligated to construct said improvements. 3.3 Plans and Specifications. The Park improvements shall be installed and constructed as shown on the plans, details and specifications that are in accordance with MPR's adopted Master Plan and MPR's standard plans, details and specifications (Contract Documents), as per the technical specifications for the Park paid for by City and submitted by Design Engineer. These Contract Documents shall be approved by the director of MPR and other applicable government agencies prior to development. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 4 3.4 Work. Developer shall provide all construction supervision, inspection, labor, materials, tools, equipment, and all other Work necessary for the execution and completion of the Project. 3.5 Work Area. Developer shall at all times keep all areas where work is being performed or materials stored, and surrounding areas, free from the accumulation of waste materials or rubbish caused by his operations. Upon completion of the Work or any portions thereof accepted by City for partial occupancies, Developer shall remove all waste and rubbish and all construction tools, equipment, machinery and surplus materials from such areas. Developer will comply with the dust control ordinance. 3.6 Repair and Remodel. City may use the proposal documents, the design development documents and the Construction Documents and modifications thereof for any remodel renovation, addition or repair of the Project or any part thereof. 3.7 Defects. Developer warrants to City that all materials and equipment furnished under this Agreement will be new; that all Work will be of good quality, free from improper workmanship and defect, and, further, that the materials and equipment used in construction will be constructed and installed in accordance with the Contract Documents. Developer shall correct any work that fails to conform to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty materials, equipment or workmanship which appear within a period of one year from the Completion Date. The provisions of this Agreement apply to work performed by Developer and Developer's subcontractors, consultants, and suppliers. All corrections shall be made at no additional cost and at no increase in the contract price. With respect to latent defects not reasonably discoverable within such one year period of time, such defects shall be corrected by Developer upon written request given within one year from the actual date of discovery of such defect, except that Developer shall not be required to correct latent defects first discovered later than three (3) years from the Completion Date. The foregoing warranties are in addition to and not a limitation of. (i) all other rights and remedies available at law and equity including any specific additional warranties contained elsewhere in the Contract Documents, (ii) such warranties as may be available from manufacturers of equipment, suppliers of materials or other third-parties,(iii) Developer's obligation to complete all Work in strict accordance with the Contract Documents, and (iv) City's other remedies. 3.8 Inspection Certificates. Developer will secure and submit certificates of all inspection, testing, or approvals to the Project Representative. 3.9 Manufacturer Warranties. Developer will collect and submit to City all manufacturers' warranties and all other documents relating to materials and facilities otherwise required by the Contract Documents. 3.10 Other Warranties. Any warranties provided by Developer and of third parties are for the benefit of City. Developer will be obligated and responsible to City to the full extent of any warranties provided by subcontractors, suppliers, manufacturers or others. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 5 3.11 Insurance. Developer shall provide such insurance as is required in the Section 9 of this Agreement. 4. OBLIGATIONS OF CITY 4.1 Duties of City. City shall provide Developer and Landowner with the following: 4.1.1 Engineering and architectural designs prepared by City's independent contractor necessary to complete the Project. 4.1.2 Construction Documents of the Project prepared by City's independent contractor and in accordance with the design development documents and all applicable building codes in effect on the date hereof. All design, engineering, architectural, or other professional services that are a part of the Work shall be performed by duly licensed professionals, skilled and experienced in this type of project. 4.1.3 Specifications for the ten (10) foot wide multi -use pathway for the portion that goes through the Park. 4.1.4 Specifications for the pressurized irrigation system and irrigation pond. 4.1.5 Specifications for the Park's pressurized irrigation pump station currently existing at the Park site. 4.1.6 Specifications for the location of the sewer and water stubs to the Park. 4.1.7 Specifications for the location of other utilities for the Park. 4.1.8 Specifications for the PUIS design for the Park. 4.2 Project Representative. The Project Representative shall be acquainted with the Project and shall act on behalf of City with respect to the Project, subject to the limitations upon such authority contained in this Agreement. The Project Representative during the design phase and the construction phase is Doug Strong. If City desires a Project Representative other than Doug Strong, then City shall designate the new Project Representative in writing as provided in Section 11, below. 4.3 Notice of Fault, Defect or Nonconformance. If City becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, City shall give prompt written notice to Developer. 4.4 Fees, Assessments, and Charges. City shall secure and pay for all necessary approvals, easements, assessments, and charges required for use, or occupancy of the facilities, including any plan check fee required by the Meridian City Building Department. 5. SUBCONTRACTORS PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 6 5.1 All Work not performed with Developer's own forces shall be performed under written subcontracts. Developer shall submit to City, a list of the names and addresses of all subcontractors, suppliers, and consultants. Developer shall complete Form WH -5 as required by the State Tax Commission. 5.2 No contract or agreement, express or implied, shall be deemed to exist between City and any subcontractor, supplier, consultant or other person acting on behalf of Developer. Developer shall be responsible for the control and direction of all subcontractors, supplies, and other persons participating in the construction of the Project and shall be responsible to City for their acts and omissions, and their failure to perform the Work in strict accordance with the Contract Documents. Developer shall be responsible for the payment of all subcontractors, supplies and other third parties participating in the construction of the Work and shall indemnity, defend, and hold City harmless from any claim, liability, cause of action, or suit relating to or arising out of the acts of such person or failure to make payments due or allegedly due any of such persons. 6. COMPLETION OF THE PROJECT 6.1 Construction Completion. Developer shall substantially complete all Work on the Project by June 7, 2007, weather permitting. Time extensions may be granted hereunder by City in accordance with the provisions of this Agreement. If a time extension is not granted, then in that event if Developer fails to complete construction within the time periods herein stated, Developer shall be in default of this Agreement. 6.2 Completion of the Project. Completion of the Project shall mean the date determined by the Project Representative and Developer when construction is sufficiently complete in accordance with the Construction Documents so that City can fully occupy or effectively utilize the facilities for its intended use. At the time of City occupancy of the Project, City shall direct the Project Representative to execute a written certificate of completion (the "Certificate of Completion"). The date of the Certificate of Completion shall be the "Completion Date." All warranties, including, without limitation, the three (3) year warranty provided in Section 3, shall commence on the Completion Date. 7. REIMBURSEMENTS AND PAYMENTS 7.1 Total Project Budget. The total Project budget is Seven Hundred Fifty Six Thousand, Thirty Seven and No/100 Dollars ($756,037.00), as detailed on Exhibit D, attached hereto and incorporated herein. 7.2 Donation. Developer agrees to donate to City Park improvements and Work in the amount of Two Hundred Seventy-five Thousand and No/100 Dollars ($275,000.00). 7.3 Reimbursement. City shall reimburse Developer for the remaining costs associated with any Park improvements and Work performed by Developer in an amount not to exceed the Total Project Budget as set forth in Section 7. 1, less the amount of the Donation set forth in Section 7.2, said amount being Four Hundred Eighty One Thousand Thirty Seven and PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 7 • 0 No/100 Dollars ($481,037.00). Developer shall submit to City invoices for any and all completed and uncompensated costs on the first day of each month until such time as Developer completes construction on the Park. City, upon verification of work completed, shall pay Developer in full for each invoice received before the last day of the same month in which City receives the invoice. City shall pay Developer at a rate of eight percent (8%) per annum for any invoices not paid in full by the end of the month in which Developer submitted the invoice to City. 8. CHANGES IN THE PROJECT 8.1 Changes by City. City, without invalidating this Agreement, may order changes within the general scope of the Project consisting of additions, deletions or other revisions. The Completion Date shall be adjusted accordingly. Changes in the Project may be authorized only by written Change Order approved by City. 8.1.1 Change Order ("Change Order") is a written order to Developer issued by City after the date hereof, authorizing a change in the Project or the Completion Date. 8.1.2 City will provide Developer written authorization and direction to make City requested Design Changes. Any City directed Additional Design Changes will be paid by written Change Order. 8.2 Claims for Additional Time. 8.2.1 If Developer wishes to make a claim for an extension in the Completion Date or in an instance where Developer contends it was delayed by an act or omission of City, it shall give City written notice thereof within ten (10) calendar days after the occurrence of the event giving rise to such claim, which claim shall not be unreasonably withheld, conditioned, or delayed. This notice shall be given by Developer before proceeding to execute any Work affected by the event giving rise to such a claim, except in an emergency endangering life or property in which case Developer shall act, at his discretion, to prevent threatened damage, injury or loss. 8.2.2 If it is determined from the claim and notice submitted by Developer that City has delayed Developer, then City shall issue a Change Order and an extension of time shall be granted for the demonstrated period of time lost that is directly attributable to the delay. 9. INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION 9.1 Indemni . Developer shall indemnify, defend and hold harmless City, its agents, employees, representative, consultants and successors from and against all claims, damages, costs, liabilities, judgments, legal fees, expenses, actions, and suits for personal injury, death, and property damage, arising out of the Project, the Work, or the acts or omissions of Developer, subcontractors, suppliers, agents, consultants, representatives and materialmen, including without limitation the employees of each, caused by any negligent or wrongful act or omission of any of such persons or by any failure to comply fully with any term or condition of the Contract PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 8 Documents, to the extent the acts, omission, or negligence of City did not cause such claims, damages, costs, liabilities, judgments, legal fees, or expenses. 9.2 Liability Insurance. Developer shall carry the following insurance for Work on the Project: 9.2.1 The primary engineer and all associates and consultants shall carry professional liability insurance with a minimum limit of Five Hundred Thousand and No/ 100 Dollars ($500,000.00). This insurance shall continue for two years after the Completion Date. 9.2.2 Developer shall purchase and maintain comprehensive general liability insurance with a combined single limit on One Million and No/100 Dollars ($1,000,000.00) each occurrence. The policy shall provide coverage for bodily injury and property damage, and shall include broad form property damage (including completed operations), personal injury liability (including coverage for employee acts), blanket contractual liability and products and completed operations. Liability coverage shall be provided for hazards commonly referred to as XCU (explosion, collapse, and underground). 9.2.3 All subcontractors of any tier shall be required to provide comprehensive general liability insurance with combined single limits for bodily injury and property damage of at least One Million and No/100 Dollars ($1,000,000.00) per occurrence, comprehensive auto liability insurance for all owned, non -owned vehicles with combined single limits for bodily injury and property damage of at least One Million and No/100 Dollars ($1,000,000.00) per occurrence or other limits as approved by City. 9.2.4 Developer and its subcontractors shall carry Worker's Compensation Insurance to cover obligations imposed by Federal and State statutes covering all employees, and employers' liability insurance with a minimum limit of One Hundred Thousand Dollars and No/100 Dollars ($100,000.00) per Accident; Five Hundred Thousand and No/100 Dollars ($500,000.00) per Disease Policy Limit; One Hundred Thousand Dollars and No/ 100 Dollars ($100,000.00) Disease, each employee. 9.2.5 Insurance Policy Requirements: All insurance required in this Section 9.3 shall be endorsed as follows: (a) City, including their respective agents, employees, consultants and representative shall be named as additional insured. (b) The insurance required shall contain a severability of interest clause such that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. (c) All insurance policies shall not be terminated or cancelled without thirty (30) calendar days advance written notice of cancellation to be provided by the insurance company. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 9 • 0 (d) The insurance afforded by Developer shall be primary insurance and any insurance carried by City shall be excess and not contributory insurance to that provided by Developer. (e) Each entity providing insurance shall furnish certificates of insurance that shall specifically set forth evidence of all coverage required above. If required each entity providing insurance will allow the other party to review and copy such insurance provisions contained in the certified policies. 10. TERMINATION OF AGREEMENT AND CITY'S RIGHT TO PERFORM DEVELOPER'S OBLIGATIONS 10.1 Termination for Cause. 10.1.1 If Developer fails to perform any of its obligations under this Agreement City, may upon seven (7) calendar days' written notice to Developer and Landowner take such action as is necessary to perform such obligation either with or without terminating this Agreement. 10. 1.2 In the event of any material breach of this Agreement by Developer, after ten (10) calendar days written notice to Developer, City may, in addition to any other remedies available, terminate this Agreement, take possession of the Project site and the raw materials, equipment, tools, construction equipment and machinery thereon owned or provided by Developer and may finish the Work by whatever reasonable means and methods City may determine necessary or expedient. In such instance Developer relieved from any of its obligations under this Agreement, including obligations assumed under the liability for damages paragraph listed herein. 10. 1.3 As used in the foregoing paragraph, a material default shall include but is not limited to: (a) persistent or repeated failures to provide properly skilled workmen or materials or failure to prosecute the Work according to the progress schedules provided herein; (b) unjustified failure to make proper payments to subcontractors for materials or labor; (c) persistent or intentional disregard of laws, ordinance, rules, regulations or orders of any public authority having jurisdiction; (d) being adjudged to be bankrupt or being subject to any state or federal insolvency proceedings. 10.2 Amendment. In the event City Council determines that this Agreement shall be modified, the terms of this Agreement shall be amended and Developer shall comply with the amended terms. Failure to comply with the amended terms shall result in default. 10.3 Waiver. A waiver by City of any default by Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 10 • 0 10.4 Plans and Specifications. In the event of any termination, whether if for cause or without cause, City shall have the right to reproducible copies of all design and construction plans and specifications, the ownership of all work in progress, and the right to complete all construction. 11. NOTICES Any and all notices, demands, requests or other communications required under this Agreement, shall be in writing and shall be deemed properly served or delivered, if delivered by hand to the parry to whose attention it is directed, or when sent, three (3) days after deposit in the U.S. mail, postage prepaid, certified mail, return receipt request, or one (1) day after deposit with a nationally recognized air carrier providing next day delivery, or if sent via facsimile transmission, when received as determined by the facsimile transmission report related thereto, addressed as follows: To City: Meridian City Clerk 33 East Idaho Meridian, Idaho 83642 With a copy to: Doug Strong, Director, Parks and Recreation Department 11 W. Bower Meridian, Idaho 83642 To Developer: Tuscany Development, Inc. 660 E. Franklin, Ste. 240 Meridian, Idaho 83642 To Landowner: Kenai Partners, LLC 6223 N. Discovery Way, Suite 120 Boise, Idaho 83713 Either party shall give notice to the other party of any change of their address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. 12. DESIGN AND CONSTRUCTION DRAWINGS 12.1 Desion. Developer acknowledges to City that Developer and firms working for Developer have been reviewed by City based upon Developer's representations and warranties that Developer has particular skill and experience in construction of park and recreation facilities substantially similar to this Project. Developer shall at all times manage the construction process so as to incorporate all of City's requirements and objectives for the Project as expressed in the Contract Documents, and so as to deliver the Project within the time limits provided in this Agreement. Any instance in which Developer learns of any defect or insufficiency in the Project or any part thereof, or learns that the Work is not proceeding in accordance with City's actual PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 11 0 • objectives and requirements, then Developer shall immediately advise the Project Representative and Developer shall take all necessary action to correct same. 12.2 Building_ Codes. The Project, as designed and constructed, shall fully comply with all codes and standards applicable at date of this Agreement, including (a) the International Building Code; (b) Current IBC Standards; (c) Americans with Disabilities Act Accessibility Guidelines; (d) Current Uniform Plumbing Code; (e) Current National Electrical Code. Compliance with all of the foregoing codes shall be reviewed and approved by the Meridian City Building Department, where applicable. Plan check fees in connection therewith shall be paid by City. Plumbing and electrical permits shall be paid by City. The foregoing codes are in addition to and not in derogation of any other codes that may be applicable by law or governmental regulation. 12.3 Construction Documents. Developer shall keep at the Project a complete copy of the Construction Documents and shall afford the Project Representative access thereto. All cost resulting from errors, omissions, discrepancies, inconsistencies or ambiguities in the Construction Documents shall be borne by City, including any cost to correct Work already performed or to redesign or otherwise correct such deficiencies. 13. RECORD RETENTION REQUIREMENT: Developer shall maintain all records required by law for the period required. 14. UNFORESEEN CONDITIONS 14.1 Subsurface Conditions. Should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encouraged, the Completion Date shall be equitably adjusted by Change Order upon claim by either party made within a reasonable time after the first observance of the conditions. 14.2 Site Inspection. Developer acknowledges that it has taken all steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and all local conditions which can affect the Work or its cost, including but not limited to: (1) conditions bearing upon transportation, disposal, handling, and storage of materials, remodel work, tie-ins and existing structures, utilities, security, and existing operations; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the topography and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. Any failure of Developer to take the actions described and acknowledged in this paragraph will not relieve Developer from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to City. City does not assume any responsibility for erroneous conclusions or interpretations made by Developer. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 12 0 • 14.3 Representations of this Agreement. City assumes no responsibility for any conclusions or interpretations made by Developer based on the information made available by City, nor does City assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the date hereof, unless that understanding or representation made concerning conditions which can affect the work by any of its officers or agents before the date hereof is expressly stated in this Agreement. 14.4 Notice of Conditions. Developer shall promptly, before the conditions are disturbed, and in all instances within ten (10) calendar days after the conditions are discovered, give a written notice to the Project Representative of. (1) subsurface or latent physical conditions at the site which differ materially from those which a reasonably prudent Developer could anticipate, foresee, or make provision for this type of Work at such site locations; or (2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents and which could have been reasonably foreseen and/or anticipated by a prudent developer. 14.5 Duty to Investigate. City shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in Developer's time required for, performing any part of the Work under this Agreement, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Agreement modified in writing accordingly. 14.6 Additional Time. No claim by Developer for additional time shall be allowed if there is no written notification to City as required herein. 15. SUSPENSION OF WORK 15.1 City may order Developer, in writing, to suspend, delay or interrupt all or any part of the Work for such period as may be determined to be appropriate by City. 15.2 If performance of all or any part of the Work is suspended under this Agreement for the convenience of City, an equitable adjustment shall be made to the Completion Date. However, no adjustment in the Completion Date shall be made under this clause for any suspension, to the extent that performance would have been so suspended, delayed, or for which an equitable adjustment is provided for under any other term or condition of this Agreement. 16. MISCELLANEOUS 16.1 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. 16.2 Date Hereof. As used herein, the term "the date hereof' shall mean the date first set forth above. PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 13 16.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 16.4 Entire Agreement. This Agreement represents the entire agreement between City and Developer and supersedes all prior negotiations, representations or agreements. This Agreement may be amended only by written instrument signed by both City and Developer. 16.5 Severability. Should any portion of this Agreement be found to be unenforceable by a court of competent jurisdiction in such determination shall not void the entire Agreement, but will be limited only to those unenforceable provisions. 16.6 Attorney Fees. If either party shall default in the full and timely performance of this Agreement and said default is cured with the assistance of an attorney for the other party and before the commencement of a suit thereon, as a part of curing said default, the reasonable attorney fees incurred by the other party shall be reimbursed to the other party upon demand. In the event that either party to this Agreement shall file suit or action at law or equity to interpret or enforce this Agreement hereof, the unsuccessful party to such litigation agrees to pay to the prevailing parry all costs and expenses, including reasonable attorney fees, incurred by the prevailing parry, including the same with respect to an appeal. 16.7 Cam. The captions at the beginning of the several paragraphs and sections, respectively, are for convenience in locating the context, but are not part of the text. [The remainder of this page left intentionally blank.] PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 14 IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed on the day and year first above written. DATED this 2'D '-day of 4r J e 4e,— , 2006. CITY OF MERIDIAN "DEVELOPER" TUSCANY DEVELOPMENT, INC. B Mayor T e erd vv AfST:�eo�`�� `Il'/, eg0 . 10 Ori, Pre t By: g,uJr., it�y R. Craig Groves, Secretary/Treasurer s 1 "LANDOWNER" KENAI PARTNERS, LLC I ifim I� Member R. Craig Groves, Managing Member PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 15 • 0 STATE OF IDAHO ) ss: County of Ada ) On this ' � day of 0 Ck-ol ,� , 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 City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) STATE OF IDAHO ) ss: County of Ada ) i Notary Public for Idaho Residing at: _ P'W. k a- J cA Commission Expires: j 0 -- / 5 ^ ( { On this ,23' day of 0 C bE.I2 , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared GREGORY B. JOHNSON and R. CRAIG GROVES, known to me to be the President and Secretary/Treasurer, respectively, of Tuscany Development, Inc., who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abgKg,*ritten SEAL °°°S� � 17 e "C' ®� ipo o oe o® a o,icy t.1p 6144 rt��12 &A-Vt , e Q - Notary Publi fob Idaho Q Residing at: Commission Expires: 19k 1I PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 16 0 0 STATE OF IDAHO ) ) ss. County of Ada ) On this 1 day of ®GiDiek , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared GREGORY B. JOHNSON and R. CRAIG GROVES, known or identified to me to be the Managing Members of Kenai Partners, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the persons who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year inAilsmeadificate first above written. (SEAL) 511°SCo���� 4 •. pUB1.lG 6" A&xa�' — Notary Public or Idaho Residing at: /UGtyMAGL. Commission Expires: 1 9 A Exhibit A — Legal Description of the Park Exhibit B — Deed of Gift Exhibit C — Elements of Project Improvements Exhibit D — Total Project Budget PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT PAGE 17 EXHIBIT A LEGAL DESCRIPTION Aparcel of lel located in the West 1/2 of the NE 114 of Section 20, T. 3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the North 114 corner of said Section 20, from which the Northeast corner of said section bears North 89046'02" East, 2656.88 feet; Thence along the North-South mid-section line South 00024'04" West, 1541.32 feet to the REAL ]POINT OF BEGINNING. Thence South 84'35'56" East, 40.00 feet; Thence South 00°24'04" West, 915.87 feet; Thence North 89054'13" East, 120;08 feet; Thence North 55°29'51" East, 43.98 feet to a pointon a curve; Thence 30.20 feet along,the arc of a non -tangent curve to the left, having a radius of 75A0 feet, a delta angle of23°04'26", and along chord hearing South 34630'09" East, 30.00 feet; Thence South 55°29'51" West,.32.35 feet; Thence South 00005147" East, 154.82 feet; Thence. North 89654' 13" East, 1060.00 feet to a point on the westerly -boundary of Bonito Subdivision, as same is recorded in Book 86 of Plats at Page 9783, records ofAda County, Idaho; Thence along the West boundary of said subdivision South 01642'39" West, 15.01 feet to the Southwest corner of said subdivision lying on the North .boundary of ngs Thousand Spri. Subdivision No. 5; as same is recorded in Hook 79 of Plats at Page 9535, records of Ada County, Idaho; Thence along said North boundary South 89654' 13" West, 1247.79 feet to the Center of said Section 20; Thence along the North-South mid-section line and the Hast boundary of Resolution Subdivision Noj, assame is recorded in Book 82 of Plata at Page 9041, records of,Ada County; Idaho, North 00624104" East, 1104,23 feet to the Point of Bening. Containing 2.044 acres, more or less. EXHIBIT A - 1 40 EXIIIBIT B DEED OF GIFT [REPRESENTATION ONLY — ORIGINAL MUST BE SIGNED -AND NOTARIZED] DEED OF GIFT THIS DEED OF GIFT is made this day of 00 , btwe Kenai Partners, LLC, and Idaho limited liability company ("Grantor") an qty o en " apolitical subdivision of the State of Idaho whose current address is 33 Eas : ah F: eridi daho 83642 ("Grantee"). r WITNESSET AS A GIFT to Grantee, Grantor does hereby" t and very to Grantee all of the real property located in the County of Ada, State of Idaho, d ;bedn Exhibit A, attached hereto and made a part hereof (hereafter, the "Prop,'), to be u s a public park ("Park") . TOGETHER with all and singular thereunto belonging or in anywise apperta This conveyance by 1. All 3. EXMrr B - 1 to`Gntee is hereditaments and appurtenances subject to the following exceptions: Fssnnts levied against the Property, including liens and irrigation district ("Taxes") for the year in which the nade shall be prorated between Grantor and Grantee as of the date Gift. Taxes levied and assessed for the prior year shall be paid by and rights-of-way for roads, ditches, utilities and other purposes and h easements and rights-of-way are of record or visible upon a physical of the Property. Exceptions, reservations, terms, covenants and conditions of record; provided, however that Grantee shall not be subject to the Declaration of Covenants, Conditions and Restrictions for Gramercy Subdivision recorded as Instrument No. in the records of Ada County, Idaho; and further, Grantee shall not be a member of the Gramercy Subdivision Homeowners' Association, nor subject to assessments thereof. Section 2. Conditions of Conveyance. TO HAVE AND TO HOLD the Property unto Grantee subject to the following express conditions and covenants which are accepted and agreed to by Grantee as evidenced by Grantee's execution of this Deed of Gift (collectively, "Grantee's Covenants"): 1. City covenants and agrees to use the Property to provide community open space and recreation facilities for the citizens of the City of Meridian. aintenance of the Property shall be undertaken by the Grantee, and Granttain the Property and all fixtures and equipment in satisfactory park condih b . 2. Without the prior written consent of Grantor, which ent . all b ",;* thin the sole and exclusive discretion of Grantor, at no t' d '`_ er no <.' cumstances shall the Property, or any portion thereof, or th ark o be s ' cted thereon, be utilized for any residential, commercial, and o 1than the use of the Property as a public park.: t o 3. T The term of the Grantee's Covenants 1 cowmen , the date of recordation of this Deed of Gift and continue thereaft or a od of (30) years following the date of recordation of this Deed of Gift ("Co "�', nt T, n"). From and after the expiration of the Covenant Term, the Gr e's coven „s all automatically terminate and end and shall be of no further force`rrp ect. The Grantee's Cov s s 1 be den on the Property for the benefit of the Grantor, its successors and,�,4si . d shal run with the land. By its accept ' e with the con and EXHIBIT B - 2 v, Grantee shall be deemed to have accepted and agreed to comply ictions set forth in this Deed of Gift. IN WITNESS WHEREOF, Grantor has caused its name to be subscribed this . 200. GRANTOR: KENAI PARTNERS, LLC I - M- Gregory B. Johnson, Managing Member R. Craig Groves, Managing Member STATE OF IDAHO ) ) ss. County of Ada ) On this day of Notary Public in and for said Groves, known or identified i Idaho limited liability compA who executed the ins t acknowledged to me that .� EXHIBIT B - 3 day of _ ," 2006, before me, the undersigned, a onally pared Gregory B. Johnson and R. Craig s. 5e Maging Members of Kenai Partners, LLC, the ec a within and foregoing instrument, or the persons Of aid Idaho limited liability company, and nited liability company executed the same. I have hereunto set my hand and affixed my official seal the t above written. Notary Public for Idaho Residing at: Commission Expires: ACCEPTANCE CITY OF MERIDIAN, by its execution below, hereby accepts the terms of the foregoing Deed of Gift, and agrees to accept title to the Property subject to the conditions and restrictions set forth therein, and agrees to comply with the same. DATED this day of , 200. CITY OF MERIDIAN, a State of Idaho 14, By: r Mayor Taffy �eerd: s� s� ATTEST: z h G. Berg, Jr., City Clerk STATE OF IDAHO ) ss: County of Ada of the On da , 2006, before me, the undersigned, a Notary Public in and for sai t r pally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., kno ®me t e th ayor and City Clerk, respectively, of City of Meridian, Idaho, and who exe ted wi instrument, and acknowledged to me that City of Meridian executed the 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: r�u: 9 • EXHIBIT A (Exhibit to Deed of Gift) 574Y+' TL,.E CWL,V Legal Description A parcel of land.located in the West 1/2 of the NE 1/4 of Section 20, T.3N., R:.1E., P. I.; Ada"County, Idaho, more particularly descrilml as follows: Commencing at the North 1/4 corner of said Section 20, from which the Northeast corner of said section bears North 89°46'0T' F=t, 2656.88 feet; Thence along the North-South mid-section line South -W24'04" -West, 1541.32 feet to the REAL POINT OF BEGINNING. Thence South 89035'56" East, 40.00 feet; Thence South 0002404" West, 915.97 feet; Thence North 89'54113" East,120.08 feet; Thence North 55°2951" Bast, 43.98 feet to a point on a curve; Thence 3020 feet along the arc of anon tangent curve to the left, having a radius of 75.00 feet, a delta angle of 23°04'26", and a long chord bearing South 34°30'09" East, 30.00 Thence South 55°29'51" West, 32.35 feet; Thence South 00°05'47" East, 154.82 feet; Thence North 89-54-13- Last, 1060.00 feet to a point on the westealy boundary of Botdto Subdivision, as.same is recorded in Book 86 of Plats at Page 9783, records of Ada County, Idaho; Thence along the West boundary of said subdivision South 01 042'39" West, 15.01 feet to the Southwest comer of said subdivision lying on the North boundary of Thousand Springs Subdivision No. 5, as same is recorded.in Book 79 of Plats at Page 8535, records of Ada. County; Idaho;. Thence along said North boundary South.89°54'13" West, 1247.79 feet to the Centerof said Section 20; Thence along the North-South mid-section line and the Ent boundary of Resolution Subdivision No. 1, as some is recorded in Book 82 of Plats at Page 9041, records of Ada County, Idaho, North 00°24'04" Lust, 1.104.23 feet to the Point of Beginning. Containing 2.04 acres, more or less. EXHIBIT B - 5 EXHIBIT C ELEMENTS OF PROJECT IMPROVEMENTS EXHIBIT C - I 'e s' ��% - t k1,}IDY's`i 111}.1rir11@}i� � •}I } Fri ,rs 7a' 77 - �ae+t. prat ar til"e FA-VA-,iE pEwY - HULA 11C-- `n aI tae 'r I ...'m-� Y�:.:tes fir- lilt i6m,1�04MMITIM,;70 - 3E 2 -- ff - sn7: r,i:-- m .. M ,. ".1., t I i EXHIBIT C - I 9 • EXHIBIT D TOTAL PROJECT BUDGET Kiwanis Park Project Budget Landscape Contract $649,174.00 Survey & Staking (allowance) 7,000.00 Contingency 10% 64,000.00 Construction Management 5% 33,130.25 Insurance 2,732.75 Total Project Budget $756.037.00 Less: Developer Contribution $275,000.00 Less: Landowner Contribution $ (approx. 2.035 acres) Remaining Project Cot $481.037.00 Kiwanis Park Budget $340,684.00 Less: Restroom, Playground 140.216.00 Remaining Kiwanis Park budget $ 200,468.00 Unfunded difference $ 280,569.00 Budget Amendment needed $280,569.00 EXHIBIT D - 1 • Meridian City Council October 17, 2006 Page S of 30 Rountree: Madam Mayor, I understand they need direction. Other than a motion for one way or the other, is there a resolution that needs to be prepared or an ordinance or -- Nary: No. Madam Mayor, Members of the Council, Councilmember Rountree, if you want to -- if the Council moves to approve this agreement, then, you can simply do that, we don't need a resolution. Rountree: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Mr. Nary, is there -- that last question seemed a bit odd. Who is the owner of property? Is it Mary Wales? Does she need to come and make this request? Nary: Well, Members of the Council -- or Madam Mayor, Members of the Council, Councilmember Borton, Mary Wales has signed this agreement. She is the current property owner and I didn't know, since he said they were buying it, if that transaction had been completed, so that they should be the appropriate party, but since she currently owns it, we have recorded that document, it applies to all successor parties, so it would be binding on their LLC or if he buys it outright or however that goes. Borton: Okay. De Weerd: Okay. Any further questions? Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor, I move that we approve the agreement for the hook up to the city sewer and water for the property at 2660 East Franklin Road. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the request in front of you. Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Parks Department — Doug Strong: Meridian City Council October 17, 2006 Page 9 of 30 1. Kiwanis Park Development, Impact Fee Reimbursement, and Real Property Conveyance Agreement: De Weerd: Thank you. Item C is our Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. As you may recall, several months ago we brought forward to your proposal to enter into an agreement with Kenai Development, Park Point Development, to develop Kiwanis Park and for a donation of a little over two acres to the park be a part of that project and participation by the developer in the green up phase of the park. So, in that period of time since we have been working on the agreement, which you have I think a very near final copy of before you tonight. It's -- we are still working on getting things clarified in it clear after 5:00 o'clock tonight. So, I think we are very close to a final agreement. We wanted to give you the opportunity to take a look at that and discuss any questions that you have tonight and bring it back next week for approval. There is a couple of elements in it that are important, certainly the transfer of property that would add the two acres to the existing property and, then, our agreement with the developer to develop the park and the pathway connection out to Eagle Road that we discussed earlier that was not on the table earlier for development, but with this opportunity to partner with the developer is now going to provide us with, essentially, a completed park and a pathway connection to Eagle Road. So, the last two pages of the exhibit show you the contractor's bid for completing that work and, then, the next page is the budget that goes along with what extra things we need to do to finance the completion of the project, which would include installation of a restroom and a playground. The Kiwanis club still wants to build a shelter on the site, but at the completion of this work everything would be, essentially, done, with the exception of the shelter and a basketball court, tennis court, we are still discussing whether we want to look at maybe a little bit different design for a basketball court that might be a tennis court with basketball on the end. Looking at some design opportunity there. So, maybe the first thing would be to discuss the transfer of the property and the deed and what is involved with that and, then, I can -- and I will ask Bill Nary to talk about that part of the agreement and, then, talk about the other part. De Weerd: Okay. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council, you have in front of you a proposed agreement for both park development impact reimbursement and real property conveyance. Mr. Baird from my office has been working with counsel for the developer in this case Richard Andrus from the law firm of Butler & Spink. I think we have got some -- I think we have got this into its final stages. I have gotten a couple of e-mails from Mr. Baird this evening. He has been corresponding with Mr. Andrus on a couple of very minor changes. I think the most significant change that we have reached in this resolution is not having the restrictions on potential transfer in the future and after 30 years they have agreed to allowing of that to be in the city's control in the future. Most of the other things are fairly minor things. Mr. Baird was anticipating getting the last of it cleaned up and have an actual final copy for your approval for next week on their consent agenda and, then, I think we can complete the transaction and there is Meridian City Council October 17, 2006 Page 10 of 30 some issues on the deed and make sure all the language is correct and the property descriptions are correct and we can get all that done after this agreement is signed. De Weerd: Okay. Council, any questions? Doug, anything you need to add to that? Strong: Excuse me. Madam Mayor, Members of the Council, I think the only thing that I know that Mr. Baird and I discussed today was to bring back to you a copy -- a signed copy of the deed from the other party next week. That's typically the way I think you want to receive agreements -- or a signed copy of the agreement, not the deed, so that you will be reviewing and signing a signed copy by the other party. And if there is no more questions about — De Weerd: Well, Mr. Strong, I guess my question is -- this is something they came and requested of Council a number of months ago; is that correct? Strong: That's correct. De Weerd: And I guess this is a great segway into the next piece I anticipate you covering, is this additional cost. It was my impression that when they came and suggested this donation, it would be green and a lot of this work was included in that donation; is that not correct? Strong: That's partially correct. And maybe I will just dive right into -- De Weerd: Okay. Strong: -- that segment of -- the discussion at the time was the developer would participate in the green up of the park and when you look at the breakdown of the cost for the contractor, the parking lot, the pond, pond liner, we already had the irrigation pump installed, there were other costs outside of what was determined to be green up cost, so that the set donation of 275,000 dollars that's identified in the agreement is to pay for the items that, essentially, define the green up, the irrigation system, seeding the grass, the tree planting. those elements and, then, the additional work along -- green up along the pathway connection, which when we earlier budgeted for the green up of the park it did not include the pathway connection to Eagle Road or to the segment of the pathway that comes in from Eagle Road. So, we have actually had an added benefit that we are able to connect that in the first phase. So, the other elements that are left out are other -- concrete for where the restroom and shelter and play equipment will be, the parking lot, the connection to the pump station, the pond and pond liner, those elements, so -- De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council • October 17, 2006 Page 11 of 30 Bird: On your list of expenses I got a question to ask. You're saying 500 dollars for a punch list and final walk through of 400 dollars and O&M's and manuals and stuff -- isn't that done by the -- by the architect or engineers and why would we be putting money out for a punch list and walk throughs? Strong: Madam Mayor, Councilman Bird, this -- this contract was negotiated by the developer. The developer is our construction manager on this project. I have a representative from the developer here tonight that maybe can answer those questions. Bird: I'd like an answer. I have never been paid in my life for a punch list that I was called back on. Strong: This is Joe Atalla from Park Point Development. De Weerd: Thank you for joining us, Joe. Atalla: Thank you. Joe Atalla, 6223 North Discovery Way in Boise. 83713. Madam Mayor, Members of the Council, and Councilmember Bird, to answer your question about the punch list items and the final work through, this Exhibit C here is the proposal that we received from the contractor. We put the project out to bid and this contractor won the proposal based on a lump sum originally and their lump sum number was considerably lower than the next contractor. After that we had them break it down further, so we saw where all the money was going and how much specific items of green up were and these items showed up afterwards. Bird: Okay. De Weerd: Okay. Council, any other questions? Bird: I have none. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Doug, the 275,000 donated work to be completed, that has already been completed; is that right? Strong: Madam Mayor, Councilman Borton, that work -- I'm sure that the work that's progressed at the site they have gone beyond the 275,000 dollars that is currently identified to be donated by the developer. When we did our park tour back in August and we looked at Kiwanis Park it didn't look like much had happened there. If you go out there today it looks dramatically different and especially since the development to the north and the earth moving work that's being done there is all the way down to Overland Road it's a dramatically different look today than back in August. So, there has been a Meridian City Council • October 17, 2006 Page 12 of 30 tremendous amount of work accomplished at the site already and it continues uninterrupted as per the commitment from the developer. There has been no stoppage because they have gone over 275,000. So, their commitment has been very true to our earlier verbal agreement. Until the written agreement's in place they -- and they knew at the time, they are committed beyond what they are offering financially to the project. We are very pleased with what we see there to this point. The work has been very well done, even to the point of making extra effort to get the paved pathway connection to the high school in the week that school opened and that was -- that was their first priority, they got right in and got it done and there was only I think two days that there wasn't pavement, but that the pathway connection never was obstructed to distract from students getting to the high school. De Weerd: Thank you, Doug. Any other questions from Council? Bird: I have none, Mayor. De Weerd: Okay. You do have a request for a budget amendment in front of you. Strong: Madam Mayor, I would need to bring that back next week. I have not prepared that and brought it to you and finance yet. This just -- De Weerd: I know. I was going to say I don't remember seeing a form. Strong: No. It's not -- it's not come through yet. So, what I guess I want is guidance from -- if we bring it back and discuss it or we can bring it back on a Consent Agenda for next week, if you have no other questions or any need for any changes there. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Regardless of the form, I mean if it's going to be brought back, I don't know if we -- to determine the particular meetings if it's on an agenda or not. Mr. Nary, is that -- Nary: Madam Mayor, Members of the Council, I think if you want to have it as a discussion item you can certainly direct that we have it as another report for next week. Otherwise, our normal course would be to put it on the Consent Agenda and you can always pull it off for discussion if you needed to. I think all that Mr. Strong was trying to do was just, I guess, give you all the opportunity to have some time to look at this agreement, since you have just seen it today. Again, I think we will have some final tweaks to it, but this is generally the document that you will see next week and if there isn't anything else, we can certainly just put it on for Consent and if you have questions Mr. Strong could be here to answer them. Wardle: Madam Mayor? Meridian City Council October 17, 2006 Page 13 of 30 De Weerd: Mr. Wardle. Wardle: I guess my preference would be for the agreement portion to bring that forward on the Consent, with the budget amendment in a department report for next week. De Weerd: Okay. Okay. Well, I appreciate your time and thank you, Joe, for joining us. We look forward to seeing this as a completed project next week. D. Mayor's Office: 1. Presentation by Mayor's Anti -Drug Coalition: De Weerd: And now that I have challenged staff, they have been diligently trying to see if we can play this DVD on my computer. And I apologize, Council, I have been at meetings all day and so wasn't around to follow up with staff to make sure that this was set up and it's not -- and I appreciate your effort over there. So, we will go ahead and put it on our agenda for next meeting and I ask your forgiveness for not having that set up. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 06-045 Request for Final Plat approval of 61 single-family residential building lots and 8 common lots on 20.01 acres in a proposed R-4 zone for Incline Village Subdivision by Incline Village, LLC — 1947 and 1923 North Black Cat Road and 5136 West Cherry Lane: De Weerd: So, we will move to Item No. 8, which is FP 06-045. Canning: Madam Mayor, Members of the Council, we don't have the computer reconfigured -- put back together yet, but staff is recommending approval of this final plat application and there was -- the applicant has provided a written agreement with the conditions. They did ask for clarification on condition number 13 and staff agrees with their clarification. It's for Incline Village Subdivision. There we go. Sorry. De Weerd: Thank you, Anna. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve Item No. 8, FP 06-045 final plat. Bird: Second. 0 0 Page 1 of 1 Sharon Smith From: Ted Baird Sent: Friday, October 27, 2006 2:08 PM To: Sharon Smith; Michelle Albertson Subject: RE: Kiwanis Park (pact Fee Reimbursement & Real Property Conveyance Agreement Again, I don't want the deed recorded at all, blank or not, unless I strike a line through it and say "SAMPLE ONLY" or something like that. Can you hold this matter until I return on Wednesday? From: Sharon Smith Sent: Fri 10/27/2006 2:04 PM To: Ted Baird; Michelle Albertson Subject: RE: Kiwanis Park Ipact Fee Reimbursement & Real Property Conveyance Agreement I need that page printed again please — not sure it will record struck thru like that. Not sure if it will record with a bunch of blanks in it. The last reimbursement agreement didn't have all those blanks in it. Thanks Ted. 10/27/2006 11 0 October 20, 2006 Department Report MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT Legal Department - Ted Baird ITEM NO. U a REQUEST Request by Petra to Place Job Trailer / Project Office on 6 Parking Spaces in City Owned Parking Lot 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: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 Tara Green From: Ted Baird Sent: Thursday, October 19, 2006 9:46 AM To: Tara Green; Sharon Smith; Will Berg Cc: Bill Nary; 'Wesley Bettis Jr.' Subject: FW: Job Trailer Placement (Item for 10/24 Agenda) Attachments: Site Placement -Job Trailer.pdf Page 1 of 2 Clerks: Please add a Legal Department Report to the 10/24 agenda regarding: Petra request to place job trailer/project office on 6 parking spaces in the City Owned parking lot. If the Council agrees with the request, Petra will then be directed to the Planning Department for any required permits/processes. Please place the attached diagram on the agenda as an item associated with the department report. From: Wesley Bettis Jr. [mailW:wbetds@petrainc.net] Sent: Thursday, October 19, 2006 9:30 AM To: Keith Watts; Keith Bird; Will Berg; Ted Baird; Tammy de Weerd Cc: Jerry Frank; Art Stevens Subject: Job Trailer Placement 10-19-06 Enclosed is a site plan of the existing site (the ALTA Survey) showing proposed locations for the Petra Job Signs, Idaho Power & Qwest sector boxes and the job trailer/project office. Utilizing 6 parking spaces we can bring in either a 56-0 or 44-0 long trailer that will accommodate the on site supervision and provide a space for the weekly progress meetings through the course of demolition and construction that will be large enough for all of the prime subcontractors and suppliers to attend. By utilizing this City Owned property we can leave the trailer in place for virtually the entire project without interfering with the work in progress and have a view of the entire jobsite and the access points. Please let me know if this proposed office location is acceptable so that I may complete my bidding for the trailers and schedule delivery and set-up. wwb Wesley W Bettis, ,Tr. AIC,CPC Sr. Project Manager PE TRA, INC 9056 W. B/ackeag/e Dr. Boise, ID 83709 Phone: 208.323.4500 Fox .' 208 3Z3 4507 E -Mail.' wbe rfisC-ne frainc.ne f 10/19/2006 7 6 Na of A- --_-_-___-_ N. 4"m ST. v o IX go H October 24, 2006 Department Report MERIDIAN CITY COUNCIL MEETING October 24, 2006 APPLICANT Legal Department - Ted Baird ITEM NO. 6-C-2 REQUEST Discussion / Approval of Contract for Decommissioning Wells on New City Hall Site: 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 Contract & Exhibit l -O G4- 3, Sqo Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the day of October in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and McLeran Well Drilling, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1 WORK The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally described as follows: The project includes line -shaft turbine pump removal from three waters wells at the Challenge Creamery site in downtown Meridian. The Project for which the Work under the Agreement is described as follows: Removal of three line -shaft turbine pumping plants from three ground water wells located at the old Challenger Creamery site in downtown Meridian, Idaho. The pumps will have to be removed through the roof hatches of the old pump rooms of the creamery using a cable -tool work -over rig or pump crane. The Contractor may use any means of disassembling the pump columns including torch cutting the columns and shafting. The pump motors will be removed and loaded into a truck but the columns and pumps will be removed from the site by the contractor and scrapped. After the pumping plants have been extracted, the Contractor will arrange for a water supply to clear the water columns in the wells for underwater inspection of the inside walls of the wells by Hydro Logic, Inc. who will camera the wells at its earliest convenience after the wells have been cleared. Contractor will cap each well with a welded steel cap any time the well is left unattended. Standard OSHA -approved safety measures will be observed at all times and hard hats are required on site at all times. All materials and workmanship will meet the City of Meridian Standards for Public Works Projects and use good practices according to the local standard of care. The Contractor should become familiar with the site access and working conditions. Article 2 ENGINEER The City 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 responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Hydro Logic, Inc. will be the Engineer's on-site project manager for scheduling and coordination of the pump removals. Article 3 CONTRACT TIME. The Work will be completed within fifteen (15) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. Article 4 CONTRACT PRICE. 10/24/2006 Page 0 0 OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is Time and Materials but not to exceed $5,000 without prior approval. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit an Application for Payment upon completion of the Work Applications for Payment must be submitted to the Public Works Department after invoices have been reviewed and approved by Ed Squires of Hydro Logic, Inc. Payments. The OWNER will make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15s' day of each month during construction for Applications submitted to the Public Works Department prior to the 1 st 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. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into the Agreement, the CONTRACTOR makes the following representations: 7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work 7.2 The CONTRACTOR has studied carefully all drawings of physical conditions. 7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8 CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement— Exhibit "A" (Unit Price Schedule); Exhibit `B" (DESCRIPTION OF WORK). 8.3 Information For Bidders — N/A. 8.4 Drawings — N/A. 8.5 CONTRACTOR's Quote — October 24, 2006 8.6 1999 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.7 Revisions to the Standard Specifications and Special Provisions. 10/24/2006 Page 8.8 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented by written Change Order. Article 9 MISCELLANEOUS. 9.1 No assignment by a party hereto of any rights under or interest in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Contract Documents. Article 10 OTHER PROVISIONS. None IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. The Agreement will be effective on , 2006 Owner CITY OF MERIDIAN Contractor MCLERAN WELL DRILLING, LLC By: Name: Mayor De Weerd Attest: Name: William Berg, Jr. City Clerk By Name: David McLeran Attest: Name: 10/24/2006 Page 0 EXHIBIT "A" MERIDIAN NEW CITY HALL SITE (CHALLENGE CREAMERY) PUMPING PLANT REMOVAL PROJECT UNIT PRICE SCHEDULE Total Estimated Price: McLeran Well Drilling, LLC X $ 3,840 BID OPENING DATE: OCTOBER 24, 2006 Item Unit Estimated Unit Total No. Item Description Measure Quantity Price Price 1 Mobilization and Demobilization (& L.S. 1 $1,500 $ 1,500 (unit price in words) (numerals) 2 Cable Tool Pump Pull Time (2 man crew) A HR. 18 130 $ 2,340 Total Estimated Price: McLeran Well Drilling, LLC X $ 3,840 EDIT `B" DESCRIPTION OF WORK General requirements for the cable tool cleaning and/or abandonment of the City of Meridian's water supply wells at the old Challenge Creamery site (new City Hall). 1) Mobilization: a. Mobilization includes all travel to and from the well site during the project. b. Mobilization includes delivery/removal of the cable -tool rig and set up over the buildings. c. Mobilization bid item includes delivery/removal of all tools required, fuel, clean up, etc. d. Mobilization bid item includes removal and disposal of the pumping plants from the site. 2) Cable -Tool Rig or Pump Crane Time: a. A cable -tool work over rig or pump crane large enough to set up over a pump house and with a tall enough mast to be able to lean over the building and insert/remove all required tools/ equipment through a roof hatch. b. Includes a minimum of a two-man crew. I e V Sharon Smith From: Brad Watson Sent: Tuesday, October 24, 2006 4:30 PM To: Keith Watts Cc: Ted Baird; Sharon Smith; Len Grady Subject: FW: New City Hall Site Pumping Plant Removal Project 1 Importance: High Attachments: Creamery Pump Removal Contract.doc; Challenger Crea SCHEDULE - 2006.doc Page 1 of 1 Pumping Plant Removals BID Keith, Just now talked to Ted. I've edited the attached agreements to a point wet iink they are OK for presenting to Council tonight. This agreement has been adequate for us in the past. ThE next phase we will have a little more time to use our standard stuff. I believe Ted will present this tonight as it is inder City Attorney department reports. BRW From: Ed Squires [mailto:ed@hydrologicinc.net] Sent: Tuesday, October 24, 2006 8:42 AM To: Brad Watson, P.E. Subject: New City Hall Site Pumping Plant Removal Project 10-24-2006 Importance: High Brad, Here it is, such as it is. Ed 10/24/2006 • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 20( APPLICANT Cherie A. Dalton Living Trust REQUEST Continued Public Hearing from October 17, 2006 and Zoning of 20.18 acres from RUT to an R-8 zone for Cottsw 2180 East Amity Road AGENCY COMM AZ 06-042 ITEM NO. 8 Request for Annexation Village Subdivision — CITY CLERK: See Previou Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials Materials presented at public meetings shall become property of the City of Meridian. • is October 20, 2006 PP 06-044 MERIDIAN CITY COUNCIL MEETING October 24, 200 APPLICANT Cherie A. Dalton Living Trust ITEM NO. 9 REQUEST Continued Public Hearing from October 17, 2006 4 Request for Preliminary Plat approval of 62 residential lots and 9 common lots on 20.10 acres in a proposed R-8 zone for Cottswold Village Subdivision — 2180 East Amity 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: Date: Phone: Emailed: Staff Initials C See Item Packet / Minutes Materials presented at public meetings shall become properly of the City of Meridian. • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 20C APPLICANT Dan Wood ITEM NO. 10 REQUEST Continued Public Hearing from October 17, 2006 - Request for Annexation and Zoning of 19 acres from RUT to an R-4 zone for Whitebark Subdivision -- 2135 East • AZ 06-044 Amity 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: Date: Phone: Emailed: Staff Initials See Item Packet/ Minutes Materials presented at public meetings shall become property o he City of Meridian. 0 October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 20( APPLICANT Dan Wood REQUEST Continued Public Hearing from October 17, 2006 Plat approval of 48 residential lots and 8 common lots on 19 • PP 06-046 ITEM NO. 11 Request for Preliminary in a proposed R-4 zone for Whitebark Subdivision -- 2135 East Amity Road AGENCY COMMENtS CITY CLERK: See Previou Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. s October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2 APPLICANT Valley Shepherd Church & Shepherds Creek, LLC REQUEST Public Hearing — Request for a Modification to to allow a residential subdivision and a church on 32.45 ac • MI 06-004 ITEM NO. 12 Development Agreement for shepherd Creek Subdivision -- 2475 South Meridian Road AGENCY COMMENTS CITY CLERK: See attached PLZ Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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: See attache I Traffic Analysis L ACHD Minutes SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Postings / Letter from Valley Shepherd Church / Leslie Mads Phone: Contacted: Date: Emailed: Staff Initials Materials presented at public meetings shall become properly oi the City of Meridian. • October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 200 APPLICANT Valley Shepherd Church & Shepherds Creek, LLC ITEM NO. 13 REQUEST Public Hearing — Request for Prelminary Plat approval of 55 residential, 7 common lots and 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek 0 PP 06-040 Subdivision -- 2475 South Meridian Road AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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: See attache J Traffic Analysis & ACHD Minutes 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 Valley Shepherd Church / Leslie Madsen Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 20, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT W.H. Moore Coml REQUEST Public Hearing — RE October 24, for a Miscellaneous • h&l[�L�iI�I:? ITEM NO. 14 cation to amend the previously approved DA by removing a provision requiring all future develo nt to be subject to a CUP or PUD for the entire property of Blue Marlin nwc of Ustick & Eagle AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff 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: No Commer t NAMPA MERIDIAN IRRIGATION: No Commer t 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 property o the City of Meridian. October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 2( APPLICANT Brighton Corporation REQUEST Public Hearing - Vacate 2 feet of the required 5 irrigation easement on the east side of Lot 16, Block 12 for P 1037 W. Bacall Street Uvelmz[effi 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 Aff=idavit of Posi • VAC 06-012 ITEM NO. 15 side drainage & Subdivision No. 12 - See attached See attached Staff Comments See attach d Comments See Letter from I Comments Carlson Contacted: Date: Phone: Emailed: Staff Initials Materials presented at public meetings shall become properly of the City of Meridian. n 0 October 20, 2006 VAR 06-022 MERIDIAN CITY COUNCIL MEETING October 24, 200 APPLICANT Brighton Corporation ITEM NO. 16 REQUEST Public Hearing - Variance from UDC 11-2A-6 that requires a 4 foot interior side setback in the R-8 zone to allow a 3 foot side setback on the east side of Lot 16, Block 12 of Paramount Subdivision No. 7 -- 1037 West Bacall Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attache CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attache I Comments NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Lisa Carlson Contacted: Date: Phone: Emailed: Staff Initials Materials presented at public meetings shall become property of the City of Meridian. October 20, 2006 MERIDIAN CITY COUNCIL MEETING October 24, 200 APPLICANT Reed Kofoed REQUEST Ordinance — Request for Annexation and Zoning < to R-4 zones for SIversprings Subdivision — south side of McMill 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 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: Fpqtqt,on =tee See • AZ 06-029 ITEM NO. rl 10.39 acres from RUT Road and west of Ordinance Ka5Ld tl Date: ® Phone: fo.Ss 0 fir,( cf<sor, cc VA I m RM Staff Ini als: /Ij MaterWs presented at pubNc meets shall become properly of he My of Meddle. • ADA COUNTY RE,QRrj&DAVIO NAVARRO AMOUNT .00 BOISE IDAHO 111210 PM DEPUTY Use Irt y RECORDED -REQUEST OF III I'II'IIIII'I'llllll!II�IIII�I City of Meridian 106 173224 CITY OF MERIDIAN ORDINANCE NO BY THE CITY COUNCIL: BIRD, $ORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-029 SILVER SPRINGS SUBDIVISION) FOR ANNEXATION OF PROPERTY BEING A PORTION OF McMILLAN ROAD RIGHT-OF-WAY AND LOTS 1 AND 2 OF CRESTWOOD SUBDIVISION NO. 1 AS SHOWN IN BOOK 28 OF PLATS ON PAGES 1757-1758, RECORDS OF ADA OUNTY, IDAHO, SAID PARCEL BEING LOCATED I THE N %E OF THE '/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, A COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNE G CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, ID O, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; EST LISHING AND DETERMINING THE LAND USE ZONING CLASS ICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSI DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COP ES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COM 4ISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OFT E ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READINGRULES; 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: Lloyd and Marolyn Wutherich & IV Leigh Brinkerhoff. SECTION 2. That the above-described real property is h reby annexed and re -zoned from RUT (Ada County) to R-4 (Low Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the aws 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 not Ging 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 -06-029 SILVERSPRINGS SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the b undaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or pars 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 a 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 r adings 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. e,11 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this T4h day of 0 C+Ohx_;� � , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of (D r±Q 2006. t,``Or „s�esottrraj,,1' ' �YO R T Y de WEERD ATTEST: ' BEAL = WILLIAM G. BERG, A CITY ANNEXATION OF AZ -06-029 SIL GS SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ss. County of Ada ) On this , day of W+0Y- , 200 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMYde WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respec ively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged tom that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year first abBBe gn ten. TA 0 Jula M JA (SEALS '� NOTARY PUBLIC FOR IDAHO • RESIDING AT: • : MYCOMMISSION EXPIRES: j - ►- 1 ANNEXATION OF AZ -06-029 SILVERSPRINGS SUBDIVI ION Page 3 of 3 (i Legal Dela tion Sliversprings Subdivision Annexation A parcel for annexation purposes being a portion of McMillan Road rig -of -way and Lots 1 and 2 of Crestwood Subdivision No. 1 as shown in Book 28 of Plats on Pa es 1757-1758, Records of Ada County, Idaho, said parcel being located in the N % of the NE Y. of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; BEGINNING at a Railroad Spike monument marking the northwest comer of said N'/ of the NE % ('/. Comer), from which a Brass Cap monument marking the nart t comer of said Section 31 bears N 89048'64" E a distance of 2632,45 feet; Thence N 89946'54' E along the northerly boundary of said N % of �he NE % a distance of 880.77 feet to a point; Thence S 0°07'1T W along the extension of and the easterly boundary of said Lot 2 a distance of 664.81 feet to a 5/8 inch diameter iron pin marking the southeast comer of said Lot 2; Thence S 89047'33' W along the southerly boundary of said Cres**d Subdivision No. 1 a distance of 681.53 feat to a point marking the southwest comer of said Lot 1. said point being witnessed by a 5/8 inch diameter Iron pin that bears S 89'47'33" W a nce of 21.29 feet from the point; Thence N 0°11'18" E along the westerly boundary of said Lot 1 a POINT OF BEGINNING. This parcel contains 10.39 acres and is subject to any easements Clinton W. Hansen, PLS Land Solutions, PC May 18, 2006 RV fiY`J ?pR VA�ai1 ' N t, 1C ce of 664.68 feet to the iti g or in use. �p LA lya ST �G 1 118 ow 5la/oc s a rFOF���S� ? _ W v rrjdc)olutlons Sidverspr N5ubodivn SILVERSPRINGS ANNEXATIO� gouNnaRY LOCATED IN THE NE 1/4 OF SECTION 31, T4N, R 1 E, BM, ADA COUNTY'IDAHO. 2006 1/4 raw IN 9'w epw ,m MIM racam� va wo aaua res MV7 "c 'MY4 1 GR" 966 m s POINT OF BASIS OF BEARING WGS84 GEODEAC BEARING BEGINNINGMCMILLAN N 89%1654" E 263245' ROAD 3D 29 mtr ocsz „^� 1951.68' 31 32 xa senns, FA'nm Aw 2 N e94634' E 680 77' 330.28'uv 350.52' ,ate' wPA AS -LAC c n ti CRESTWOOD SUBDIl9SiON NO. 1 S0 "I PARCEL 1 :} PARCEL 2 AREA = 4.80 ACRES AREA = 5.08 ACRS a R1608650010 O PARM BOLLMARY— AS PER hVSr. NO. 96=5=0 R1608650020 O PLA RED LOT LOPE S 89'4733" W 681.53" -- N 8.947'33' E 94555' HAVASU CREEK SUBDMS/ON NO. 4 REVIEWA AL. 8 pUBL JUN 2 2006 WORKS DEPT`D 00 200 -00 O k Fa1Am eBRT 4MAEUMM 24272' PLs 4.� manure ug cnw�p 0.Rf1 CHEIX � 1LIYA9/ OekIIC 916 J N2 J HAVASU CREEK SUBOMSION NO. 3 L LA NO 111180 �j qTF � F NP' cyl�,ati.c�tti� Land Surveying and Consulting Z 1 E. 5TH ST, STE. A M RIDIAN, ID 83642 (208) 288- 2040 1208) 288-2557 fax mA landsolutfons.b¢ U NOTICE AND PUBLISHED St OF ORDINANCE PURSUANT TO I CITY OF MERIDIAN ORDINANCE PROVIDING FOR ANNEXATION AND Z( An Ordinance of the City of Meridian granting anne)i portion of McMillan Road right-of-way and Lots 1 and 2 of shown in Book 28 of Plats on Pages 1757-1758, Records of, located in the N 1/2 of the NE 1/4 of Section 31, Township 4 N Ada County, Idaho, more particularly described in Attachme This parcel contains 10.39 acres more or less. Also, this parcel is SUBJECT TO all easements and i As surveyed in attached exhibit `B" and is not based A full text of this ordinance is available for inspectioi East Idaho Avenue, Meridian, Idaho. This'orclin elshall,pr r 2006. ®.�� of &V.,i, Ci f Meridian =.a Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: r+rrrt n+�� Adopted after first reading by suspension of the Rule as alloN YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS OF ORDINANCE NO. 06- 121' The undersigned, William L.M. Nary, City Attorney hereby certifies that he is the legal advisor of the City an has Ordinance No. 06-1')—'1 \ of the City of Meridian, Ida] and complete and provides adequate notice o the public pur; y DATED this da of - , v MMARY C. § 50-901(A) 10.06- 1,2--1 ( iNING ORDINANCE ion and zoning for land being a -'stwood Subdivision No. 1 as a County, Idaho, said parcel being :h, Range 1 East, Boise Meridian, "A» of record or implied. n an actual field survey. at City Hall, City of Meridian, 33 ;ome effective on the -*day of Flow pursuant to Idaho Code 50-902: ADEQUACY OF SUMMARY 'the City of Meridian, Idaho, -viewed a copy of the attached , and has found the same to be true ant to Idaho Code § 50-901A (3). William. L.M. City Attorney ORDINANCE SUMMARY — AZ -06-029 SILVERSPRINOS SUB Page 1 of 1 E, October 24, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Executive Session r) October 24, Idnhn (c)d,- A7 -91d511 L"i AGENCY COMMENDS 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: Department Report ITEM NO. 18 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. �> C:1'Y'1 !)F �y �i IDAHO MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 Water 2355 N.W. 8th Street 888-5242/fax 884-1159 DELIQUENCY FOR TURN OFF Schedule for October 25, 2006 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pre -termination hearing for October 24, 2006. Users having delinquent utility bills will be shut off on October 25, 2006. The total amount past due is $11,862.14. The number of past due customers is 135. Jaycee Holman CITY MALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CPI'Y CLERK - F.AY 888-4218 CITY ATTORNEY / HR - FAY 884-8723 FINANCE & UTILITY BILLING - FA_K 887-4813 MAYOR'S OFFICE- FAY 884-8116 r • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Oct 24, 2006 05:24pm Current Period: 11/05/2006 - Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}880000001 Customer. Bill Cycle = 1 Customer. disconnected = No Customer.shut off list = No Ref No Cust No Name / Service Address Past Due Balance 1 31.52.6601.1 ACHD 96.39 252.98 1475 FRANKLIN RD E 2 36.59.0118.1 ALL AMERICAN HOMES 120.28 139.33 781 FALLINGBRANCH CT E 3 36.59.0125.1 ALL AMERICAN HOMES 60.87 79.92 805 LOGGERS PASS ST E 4 37.70.1539.1 ALL AMERICAN HOMES 78.40 145.81 3190 SILVERTIP LN S 5 23.01.1164.4 ALLGIER, JERI 100.92 209.25 48 IDAHO AVE W 6 30.74.3382.2 ANDERSON, TIMOTHY 54.40 123.20 953 PELICAN WAY S 7 24.03.0848.2 ANDREW, JEREMY & LINDA 63.12 94.25 652 BROWNFIELD WY W 8 25.25.4036.2 ARAGON, ALFREDO & DAWNA 63.38 152.20 1472 TESSA AVE N 9 30.74.3110.3 ARENDS, GARRICK & STEPHANIE 56.16 155.50 919 EGRET DR W 10 36.69.0530.1 ATCHISON, JEFFERY 90.67 188.69 1053 PEACOCK ST E 7/26/06 -PER STACY, OKAY TO ACCEPT CHECK FROM LISA BRUNER... IF ONE COMES BACK, LISA WILL BE CASH ONLY FROM NOW ON!!!!—DB 11 30.74.2674.1 BAKER, ROBERT & TANYA 80.96 175.70 306 OUTFIELD WAY S 12 24.04.2010.7 BELAIR, DENNIS 132.03 234.64 2118 SUNNY SLOPE DR W 13 23.02.5630.2 BEMIS, M. & ICENOGLE, A. 68.14 132.55 1121 15TH AVE W • 0 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Oct 24, 2006 05:24pm Current Period: 11/05/2006 -Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 14 22.51.0474.2 BENTLEY, RENEE 53.58 141.45 732 3RD ST E 15 24.04.0536.8 BOBKO, RAYMOND 78.92 119.98 2766 FORECAST ST W 16 23.02.1800.2 BOLTON, TERESA 85.51 157.37 1501 2ND ST W 17 25.05.0802.1 BOYLE, JOHN 115.50 218.98 3818 PINE CREEK CT W 18 23.01.0800.1 BREWER, SID & SHELLY 51.21 140.50 423 BROADWAY AVE W 19 22.51.0346.2 BRIDGE DEVELOPMENT LLC 99.02 150.01 226 BROADWAY AVE E 20 23.02.1290.5 BRINEGAR INVESTMENTS 67.17 168.07 1624 1 ST ST W 21 30.74.2384.8 BROWN, JAY & LISA 86.48 167.24 972 LOUISVILLE CT W 22 34.34.6022.2 BROXSON, MATTHEW 85.13 155.55 3655 MACKAY DR E 23 23.02.4890.4 BURNS, EMMETT 176.30 245.87 1540 15TH ST W 24 24.04.2308.1 BUTTERFIELD, CHARLES & TONI 95.25 275.88 1475 SANTA ROSA PL N 25 30.74.2726.3 CAMPBELL, ROSS JR 108.74 187.53 1108 CRESTWOOD DR 26 36.69.0590.3 CARTER, SARA & BOBBY CAMFIELD 90.11 211.08 1384 BORZOI ST E 27 37.37.3016.2 CASON, EDWARD L. & TRACI L. 83.38 152.51 2893 DENALI WAY S 28 23.02.5910.2 CHANEY, BENJAMIN & CHRISTY 81.41 198.65 1443 WASHINGTON AVE W 29 22.50.2074.4 CHAVEZ, ERNIE & CONOVER, MARY 90.81 180.10 1414 STONEHENGE WAY N 30 23.02.2564.3 CHRISTANSEN, ROBERTA 56.27 152.31 1344 CRESTMONT DR N • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Oct 24, 2006 05:24pm Current Period: 11/05/2006 -Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 31 23.23.3024.1 CHRISTENSEN, DWAYNE 63.17 158.16 976 IDAHO AVE W 32 20.46.0456.3 CHRISTIANSON, ED 130.77 192.76 3423 CONGRESSIONAL DR E 33 23.02.4960.1 CHRISTY KAWANO TRUST 91.50 186.38 1521 15TH ST W 34 37.50.0501.2 COOLEY, MATTHEW & CAROL 55.63 74.68 2949 JIOVANNI AVE S 35 30.74.3624.6 COPASS, NICHOLAS 66.49 137.93 1069 EIDER DR W 36 22.50.4574.3 DA ROSA, JOE 57.78 111.92 220 PINE AVE E 37 37.72.0224.2 DEMOND, KYLE 51.29 89.06 2090 RIPTIDE PL S 38 30.74.0080.1 DIAMOND, KIMBERLY 77.10 137.98 513 KEARNEY PL 39 36.65.3112.3 DUNN, BRET & MILLIE 61.41 114.42 1661 LABRADOR PL S 40 23.02.2766.2 EDWARDS, LOIS 88.44 192.76 1251 4TH ST W 41 23.02.5890.1 FEIL, KAY OR SKIP FEIL 252.62 379.41 1036 15TH AVE W 42 35.35.0087.4 FIELDS, SCOTT & CHRISTINE 98.98 161.47 2832 INDIAN CREEK DR E 43 30.74.3510.3 FISHER, CASEY 96.00 277.93 1053 HONKER DR W 44 30.30.6242.2 FLAUGH, ELIZABETH 102.77 201.64 1144 GRAYLING AVE S 45 30.74.3354.1 FLOREZ, BARRY 63.74 104.36 1333 GANDER DR W 46 30.30.6212.2 FORSTER, PAMELA 87.63 142.44 1232 JACKSNIPE DR W 47 22.51.3660.3 FUHRMAN, JIM 58.25 86.11 47 ADA ST E a 0 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Oct 24, 2006 05:24pm Current Period: 11/05/2006 -Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 48 30.74.3186.5 GANGWER, AARON & VANESSA 68.06 122.00 969 GREENHEAD ST W 49 22.50.0132.2 GARIDEL, TROY 96.96 150.22 1042 CATHY LN 50 22.51.3870.2 GEORGE, RICHARD & JAN 101.48 156.74 4193RD STE 51 24.04.2184.2 GROVES, NANCY & DARRELL 126.48 245.14 1256 YAKIMA WY N 52 22.50.2304.2 HALL, CHRIS 72.32 120.50 1197 SHELLBROOK DR E 53 24.03.0810.2 HAMMER, MIKE 59.42 96.89 665 OCEAN AVE N 54 23.01.0020.1 HAMMOND OD, THOMAS R 54.22 88.21 719 MERIDIAN ST 55 20.46.0434.2 HAMMONS, CURTIS & CARLA 59.42 99.30 3690 CONGRESSIONAL DR E 56 25.05.0220.1 HESSING, WILLIAM 101.40 237.88 3887 BIG CREEK CT W 57 22.51.3580.1 HIGGINBOTHAM, RON 101.47 237.46 126 KING ST E 58 24.04.1424.1 HILL, WILLIAM 72.99 169.66 2774 SHERYL ST W 59 25.05.0722.2 HOLLEY, ANNA 103.52 184.96 3540 FIR CREEK CT W #1 60 23.02.0500.2 HOLSINGER, MEGAN 76.86 174.25 702 CRITERION ST W 61 24.03.0362.1 HONO, GREG & NANCY 53.89 150.05 1903 SNYDER DR W 62 22.50.0680.1 HOOVER, LINDA 147.37 244.53 1320 4TH ST E 63 22.50.0678.1 HOOVER, LYND M 106.50 307.65 1318 4TH ST E 64 36.65.3092.8 HUSTRULID, WILLIAM & RUFINA 141.73 160.78 1594 PEACOCK ST E 0 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Oct 24, 2006 05:24pm Current Period: 11/05/2006 - Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 65 36.36.1008.1 INLINE CONSTRUCTION 77.54 77.54 638 OBSERVATION DR E 66 35.65.0308.3 IVERS, BEN 59.35 146.13 2132 EASY JET ST E 67 25.25.0158.3 JONES, ANDREW 65.11 149.70 3265 WAVE DR W 68 24.04.2262.1 KREEGAR, KRISTOPHER 88.23 197.13 1426 SILVERADO PL N 69 22.51.0862.4 KRUEGER-SASMITA, KATHLEEN 75.20 127.28 315 PINE AVE E 70 22.51.0770.1 KURDY, PATRICK & WENDY 138.26 190.97 130 IDAHO AVE E 71 30.74.0426.1 LACY, GLORIA 129.61 216.33 623 BARRETT ST W 72 24.03.0264.3 LARSON, KIRK 51.14 154.08 2414 DAYTON CT W 73 22.50.2018.2 LAU, BRITTANY & HALL, JUSTIN 61.14 99.22 1317 SHREVEPORT AVE N 74 24.03.0080.3 LLOYD, JARED & AMANDA 93.34 148.99 2246 JAYTON DR W 75 25.25.0022.4 LOPEZ, HUGO 87.61 141.37 1534 MANSHIP PL N 76 22.50.0140.2 LYNN, DEE R 58.83 140.24 1154 CATHY LN 77 35.43.0207.2 MACKEY, WARREN & MICHELLE 58.83 81.91 3180 SIGNORELLO LN S 78 30.74.2642.1 MANWARING, MARK & DARCY 149.52 273.29 895 PENNWOOD ST W 79 37.37.3980.3 MARK & JODI PERRY 53.15 103.01 2110 ALASKA WAY S 80 23.02.2170.3 MARSHALL, DAMIAN 103.09 177.18 232 CHERRY AVE • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Oct 24, 2006 05:25pm Current Period: 11/05/2006 -Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 81 24.03.0070.2 MASKELL, BRIAN & KAREN 71.71 181.62 646 TIDWELL WY N 82 45.20.1018.2 MCGOURTY, TIM 53.01 104.97 1386 IONIA DR E 83 36.36.0986.2 MCKINLEY, BRAD 58.81 136.52 437 FOREST RIDGE DR S (CORNER) 84 35.64.3046.2 MCMULLEN, STEVE & MARSHA 99.51 159.82 1860 DWORSHAK DR E 85 31.35.0105.2 MIDVALLEY PROPERTIES LLC 53.04 111.38 2365 GALA ST E 86 23.02.0420.3 MOLINE, TRENTON & COREY 56.49 120.14 603 CRITERION ST W 87 30.74.1076.1 MOORE, EVELYN 120.37 120.37 2 ROSE CL 88 22.50.0786.2 MULLIGAN, JOHN 200.06 390.97 399 BADLEY AVE E 89 24.03.0014.2 MUSICK, SAMANTHA & ANDREW 73.52 113.26 778 ABERNATHY WAY N 90 23.01.0440.7 NAVA, AURTHER 58.91 91.85 710 8TH ST W 91 35.64.0022.4 OSTLER, FRED & VICKI 58.29 129.76 3077 GRIMES CREEK AVE S 92 30.74.1118.2 OSUNA , ALBERTO 70.53 149.28 59 ROSE CL 93 35.35.0177.4 OWSLEY, ARLIN D. 80.91 147.10 2925 GIVENS WAY S 94 30.74.3504.4 PALMER, MATTHEW 141.80 202.24 1111 HONKER DR W 95 24.04.1934.4 PARENDO, PAUL V. 118.14 276.46 1422 TOKAY WY N 96 30.74.3674.3 PENNOCK, CHRISTOPHER 55.33 94.23 1121 PELICAN WAYS CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Oct 24, 2006 05:25pm Current Period: 11/05/2006 -Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 97 30.74.0830.1 PENNWOOD III BLDG #1 56.55 64.65 429 5TH AVE S W 98 37.37.3972.4 PEREZ, GERARDO A 52.51 117.68 2166 ALASKA WAY S 99 24.04.1960.2 QUESNELL, GIL & LESLIE 115.34 210.26 2358 SONOMA CT W 100 30.74.3716.3 RICHARDS, JEFF AND KAREN 51.15 130.96 1100 MUSCOVY AVE S 101 20.47.1140.2 RINDERKNECHT, HEINI 61.02 117.26 1107 TRUCKEE WAY N 102 22.50.0256.2 ROBBINS, ELLEN 55.66 132.90 32 STATE AVE E 103 35.35.6038.2 RODGERS, CRYSTAL 110.63 137.74 1690 FIRESIDE CT E 104 46.17.0228.2 RULEY, GARY & MICHELE 54.80 118.91 2810 ISCHIA ST E 105 37.37.4218.3 RYAN & JULIE FRETWELL 67.54 122.48 2073 BEARTOOTH WAY S 106 35.10.0147.3 SAGECREST APARTMENTS 159.30 243.97 1805 OVERLAND RD BLDG #47 107 23.23.3996.2 SANTANGELO, ROBERT & MICHELLE 70.34 114.32 588 8TH ST W 108 25.95.1101.2 SCHOENBORN, BILL 57.01 79.79 940 CASA LOMA AVE N 109 30.74.2846.2 SCHROEDER, PHILLIP & MARGORIE 73.07 116.17 479 SPOONBILL AVE S 110 20.46.0318.4 SCOTT, TIMOTHY & TAMARA 54.34 110.20 3664 EISENHOWER DR E 111 23.02.4240.1 SHAFFER, DAVID L. 98.41 261.62 1208 12TH AVE W 112 30.74.2506.3 SIMPSON, KENNETH & AMY 181.02 325.21 1480 KIMRA ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Oct 24, 2006 05:25pm Current Period: 11/05/2006 -Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 113 37.37.3116.1 SISNEROS, LARRY & SANDRA 55.11 108.12 2896 DENALI WAY S 114 22.51.4034.2 SKINNER, KEN 124.52 153.43 34 ADA ST E 115 23.02.5050.3 STEARNS, JOE 103.54 220.76 1519 NORTHGATE AVE 116 30.74.3370.3 STELZRIED, DARLENE 81.27 147.46 827 PELICAN WAY S 117 30.74.2902.5 STEWART, RANDY & BURNSIDE C. 51.93 126.04 440 SPOONBILL AVE S 118 30.74.3470.3 STOCKTON, JASON & JENNIFER 61.22 98.56 1050 VERBENA DR W 119 24.03.9740.1 STORAGE CUBBY'S 119.52 277.11 363 LINDER RD N 120 24.03.9741.1 STORAGE CUBBY'S 181.18 314.64 SPK - 363 LINDER RD N 121 23.02.5160.3 STROEBEL, ALLEN 57.83 157.79 1407 14TH ST W 122 30.74.2520.1 TOLAND, DAVID 63.74 184.19 1395 KIMRA ST W 123 22.51.4350.1 VASCO PROPERTIES 182.68 319.09 516 MERIDIAN RD N 124 32.32.4934.3 VICK, LARA 76.05 113.02 401 TRUSS AVE S 125 22.50.4008.3 VILLAREAL, CAROLINA 197.40 345.35 950 STONEHENGE WAY N 126 25.95.0909.2 VOILES, JOSH & AMBER 82.01 130.42 4318 HEARST ST W Report Criteria: Terminated customers not included Customer.Cust No () = {<}880000001 Customer. Bill Cycle = 1 Customer. disconnected = No Customer.shut off list = No CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Oct 24, 2006 05:25pm Current Period: 11/05/2006 - Transactions Included Through: 11/05/2006 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name / Service Address Past Due Balance 127 36.68.0072.2 WALTERS, MARSHALEE 61.02 89.93 2615 WEBER RAPIDS PL S 128 22.51.0710.1 WESTBY, ELENITA 55.26 116.35 416 IDAHO AVE E 129 29.07.0978.1 WHEELER, CAROLYN & TAMMY C. 86.13 170.25 1766 CALCITE CT W ***NO ARRANGMENTS*'' 130 25.95.0816.2 WHITTEN, JAIME 97.19 135.88 4335 HEARST ST W CUSTOMER BROKE 9/29/06 ARRANGEMENTS --NOT ALLOWED TO DO ARRANGEMENTS UNTIL 10/1/2007. 131 36.69.1304.1 WILDE, KENNETH 93.49 228.78 2508 ABACO WAY S 132 23.02.1550.3 WILLS, MARYLIN 64.29 106.99 1336 2ND ST W 133 30.74.0356.1 WILSON, DEANA 88.54 171.36 692 HANOVER CT NO MORE ARRANGEMENTS!! --BROKE ARRANGEMENTS SIGNED ON 6/15/06. 134 35.38.0116.1 WOODRUFF, ANGELA 138.20 208.06 2235 POWDER RIVER ST E 135 22.50.2426.1 WYATT, SAMUEL 82.78 185.65 1473 DRUCKER ST E Grand Totals: 135 Customers Listed 11,862.14 22,270.42 Report Criteria: Terminated customers not included Customer.Cust No () = {<}880000001 Customer. Bill Cycle = 1 Customer. disconnected = No Customer.shut off list = No