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HomeMy WebLinkAbout2009-05-05ERIDIAN7, -- 0 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, May 5, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Dave Duron with Meridian First Baptist Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of March 10, 2009 Pre -Council Meeting: B. Approve Minutes of April 21, 2009 City Council Special Meeting Workshop: C. Findings of Fact and Conclusions of Law for Denial: VAR 09- 001 Request for Variance to allow 1 right-in/right-out access point to State Highway 20/26 and to reduce ITD right-of-way adjacent to Chinden Boulevard from 100 feet to 70 feet for Knighthill Center by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: D. Change Order No. 1 with Paul Construction for Settler's Village Square Phase 1 for $5,484.76: Meridian City Council Meeting Agenda — May 5, 2009 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E. Sanitary Sewer and Water Main Easement Agreement for Education Campus #2 by Meridian Joint District No. 2: F. Resolution No. : CPA 09-001 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan incorporating the Pathways Master Plan for Pathways Master Plan Text Amendment by City of Meridian Planning Department: G. Resolution No. : CPA 09-002 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan to include Linder Road overpass and associated pathways for Linder Road Overpass / Pathway Text Amendment by City of Meridian Planning Department: H. Initial Point Gallery Acceptance Agreement: Refinerii: I. Interface Agency Agreement with Ada County for County Computerized Records: J. Request to Rescind Previously Approved ACHD Chance Orders 3, 5 & 7 in the Amount of $12, 729.50 and Approve City of Meridian Chance Order No.1 for $8,332.00 for Main Street / Meridian Road — Split Corridor Phase 1: K. _Memorandum of Understanding with Meridian HUB, LLC for Idaho Power Easement in Centennial Park: L. Approve 2010 Renewal of Beer and Wine License for Costa Vida Restaurant located at 3340 N. Eagle Rd. Meridian, Idaho. 6. Department Reports: A. Planning Department: 1. Recommended Use of Idaho Power Donated Money B. Parks Department: 1. Discussion of Heroes Park Easements: 7. Items Moved from Consent Agenda: Meridian City Council Meeting Agenda — May 5, 2009 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Ordinance No. 09-1404 Reading): • Reimbursement Code (3rd of 3 9. Amendment to Ordinance No. 04-1116 A: AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: 10. Amendment to Ordinance No. 08-1350 A: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C -C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean — 6380 North Locust Grove Road: 11. Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Meridian City Council Meeting Agenda — May 5, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting May 5, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, May 5, 2009, by Council President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Kyle Radick, Tracy Basterrechea, Bill Johnson, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Rountree: Well, good evening. I'm going to open the Tuesday, May 5th, 2009, regular City Council meeting at 7:00 o'clock to a full house. Thank you who did venture to be here with us this evening. The first item on the agenda is roll call attendance. Jaycee. Item 2: Pledge of Allegiance: Rountree: Next item, if you'd all join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Duron with Meridian First Baptist Church: Rountree: And the next item, if you would join us in the community invocation or a moment of reflection. We have David Duron with us this evening. David. Duron: Let us pray. Father, I thank you for these servants of yours here tonight. And, Lord, we thank you for their ministry in this community that they serve. We ask that you would bless their time tonight. May they tend your presence. Lord, may they gain from your infinite wisdom in matters that concern the people of this community. God bless them and their families. Reach into their homes and continue to work your goodness and your grace in their lives, in Jesus' name, amen. Rountree: Thank you, Dave. And I don't know that you have been with us before, but I have a City of Meridian pin for -- Duron: I have before. I don't remember if -- Meridian City Council May 5, 2009 Page 2 of 10 Rountree: You probably don't have one of these new ones, so there you go. Duron: I don't have a cool one. Item 4: Adoption of the Agenda: Rountree: Cool one. Good for you. Thank you. Next item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda -- let's see. On the Consent Agenda, Item F, the resolution number is 09-662. Item G, the resolution number is 08-663. And there are no other requested changes to the Consent Agenda. On the regular agenda we have had a request to vacate Item 6-B-1. The Parks Department discussion will not be on the regular agenda. And with that I move that we adopt the agenda as amended. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of March 10, 2009 Pre -Council Meeting: B. Approve Minutes of April 21, 2009 City Council Special Meeting Workshop: C. Findings of Fact and Conclusions of Law for Denial: VAR 09- 001 Request for Variance to allow 1 right-in/right-out access point to State Highway 20/26 and to reduce ITD right-of-way adjacent to Chinden Boulevard from 100 feet to 70 feet for Knighthill Center by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: D. Change Order No. 1 with Paul Construction for Settler's Village Square Phase 1 for $5,484.76: E. Sanitary Sewer and Water Main Easement Agreement for Education Campus #2 by Meridian Joint District No. 2: Meridian City Council May 5, 2009 Page 3 of 10 0 i F. Resolution No. : CPA 09-001 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan incorporating the Pathways Master Plan for Pathways Master Plan Text Amendment by City of Meridian Planning Department: G. Resolution No. : CPA 09-002 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan to include Linder Road overpass and associated pathways for Linder Road Overpass / Pathway Text Amendment by City of Meridian Planning Department: H. Initial Point Gallery Acceptance Agreement: Refinerii: I. Interface Agency Agreement with Ada County for County Computerized Records: J. Request to Rescind Previously Approved ACHD Change Orders 3. 5 & 7 in the Amount of $12, 729.50 and Approve City of Meridian Change Order No.1 for $8,332.00 for Main Street / Meridian Road — Split Corridor Phase 1: K. Memorandum of Understanding with Meridian HUB. LLC for Idaho Power Easement in Centennial Park: L. Approve 2010 Renewal of Beer and Wine License for Costa Vida Restaurant located at 3340 N. Eagle Rd. Meridian, Idaho. Rountree: The next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: As noted, Item F is Resolution 09-662. Item G is Resolution 09-663. And with that I move we adopt the Consent Agenda and authorize the Mayor to sign and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Roll call vote, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council May 5, 2009 Page 4 of 10 MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department: 1. Recommended Use of Idaho Power Donated Money Rountree: Next item, Item 6, Department Reports. Planning Department. Canning: Thank you, sir. And I'm going to do just a really quick recap of last week and, then, eat a little crow and, then, we will move forward. So, this discussion was about the 100,000 dollar check that we had in the General Fund from the Idaho Power for initiating Leadership in Energy and Environmental Design in the construction of City Hall. And in determining some projects to re -invest that money into, I looked at -- the criteria I looked at were related to the goals of energy conservation or sustainable community. Investment in the community of Meridian. Projects or programs that were visible to the public and priority given to projects that might not be eligible for energy block grant funding, which you had a detailed presentation last week on that. The three projects I proposed were the McFadden Co-op Farmers Market, which is outside this evening. That was nice to see. Public art with green theme. And, then, a green business scholarship fund. Council had not received many details on this and they had asked for a memo outlining the details, so I presented that -- or provided that to you last week. And, again, I apologize for not getting that to you sooner. And in preparing for tonight I noticed that I had put the comment in red that I was looking for Council approval on proposal to spend those funds and I really overstated what I was looking for last week. I think, really, what I was looking for was a general nod from Council that those projects were worth at least considering and getting -- gathering more details on. So, that should have been how I presented it to you last week. It was not. I think because I had assigned numbers to it, it seemed a lot more formal than it was -- than I was intending. So, that's where we are tonight. I think at this point the best process is to -- if you -- I know some of you have projects that you'd like to add to the list, so I'd like to get whatever information you can provide on those and that we have further discussion on all these items at a future date and what I really need from you all at this point is probably what information do you want on these before you will be ready to make a decision. What kind of details do you -- like, for instance, the budget that you got from McFadden Market, is that enough? Do you want more? I have more details on all those projects. And I think in particular the jobs project is worth having them come in and do a presentation, because I know they have thought about it more and have been talking to the Mayor more about some partnership opportunities on that one. So, that one's certainly worth greater discussion led by somebody who knows the details far better than I at this point. So, that's what I would recommend and ask that you give me comments related to those. There is no real rush on these. We do need to come up with a plan before the end of fiscal year '09, so that we can roll those funds over if they are not spent within fiscal year'09. And with that I'll open it up to Council. Meridian City Council • May 5, 2009 Page 5 of 10 Rountree: Comments? Direction? Mr. Hoaglun. Hoaglun: Mr. President, I just had a comment. I have been doing some poking around trying to find, you know, what projects meet the criteria and I just like the fact that we have 100,000 dollars coming in for LEED designation. Is there -- are there projects that we can tum around, invest that money into energy saving projects that, you know, reduce the -- the amount the taxpayers have to pay to support the cost of energy and that sort of thing to the city? You know, I was thinking big projects -- lighting is very expensive, energy intensive, and I asked Mr. Siddoway of the Parks Department if there were any field that had lights or needed lights and if they did and they weren't funded, should we take a look at those and make sure they are energy efficient, low cost, reduce that as much as possible. He did have a lighting project. It wasn't for a field, though. I did find out that downtown for the banners that are lit downtown, they are on 24-7 and that would be something that we could consider. They want to add light sensors to them. They also want to put some receptacles in there. Those receptacles are -- the outlets are in different locations and sometimes they have to run extension cords. So, there is two costs here. One is 2,500 dollars to put in the time -- the light sensors and change it from incandescent to fluorescent. So, that's not a huge amount. And, then, Steve's going to be looking at what it would cost to add the outlets onto those as well. But that's not going to be a huge cost that we would think off the top of our head. So, that is -- that is one of the things that poking around I found and -- and that's something I'm sure Mr. Siddoway would be happy to give you more information, because the other one he made his pitch and I'm always interested and that's -- you know, when we talk about saving energy, we also look at getting out of our cars and biking and walking more and, of course, they have been working on the pathways project throughout the City of Meridian and they have a stretch of pathway that they are trying to find funding for from the Porter Pathway at the Meridian Road area, behind the Albertson's, and connecting it up around to the care center is it, Steve, that's up there? Go ahead and jump in and help me out on that. Siddoway: Yes. Up to the Fairview Lakes development where Hastings and DMV are. Hoaglun: Right. That would complete that to Fairview and, hopefully, with the work that we funded on the other side of the road we can get some connections in there down the road. But that's a little bigger project. That's a 50,000 dollar, 175 -- 50,175 dollar price tag on that one. So, that eats up a big chunk. But I just put that out there. That is something that is there for Council if you want add that to the list, but, certainly, the small amount of 2,500 dollars, plus whatever it is for the outlets, would differently be a long -- in the long run a savings to the city. So, I'd definitely like to see that one. And the 50,000 one is one just to think about and if we go there, we go there, if we don't, we don't. Zaremba: Mr. President? Rountree: Any comments? Direction? Mr. Zaremba. Meridian City Council May 5, 2009 Page 6 of 10 Zaremba: Along the same lines of lighting, I was thinking about are there places where we can change not just incandescent, but maybe mercury vapor or whatever else we have to LED and somebody mentioned that we occasionally have requests to add city lamps -- city light, street lighting. And my question there would be could we find an LED light that was powered by a solar pack that sits on top of it and install a post without having to install any wiring or have any electrical charge for new street lights that are requested, what it would cost to look into that kind of stuff. And I think there would be long term savings both from the LED and in the possibility of powering them by solar. Rountree: Any other comments? Bird: I have none. Canning: Council President Rountree? Rountree: Anna. Canning: Those projects were ones that were mentioned in the energy efficiency block grant program. We did talk about the LED light conversion. Those are ones that would be eligible for that. I don't know if new lights would be. And so I was intrigued by the -- it's hard to justify it as conserving energy when you're adding lights to the system, but perhaps that would be something to consider, but -- Rountree: Well, it appears along the lines of the discussion last week, we now have more thoughts and more projects than we have money, as opposed to having just spent a hundred thousand dollars. And I think as we think about this more we are going to find there will be more worthy projects. I agree we don't have to rush into this. My guidance is -- I think some of the projects that have been mentioned are good. I would like to see a more thorough approach in trying to find projects. I support the ones that have been mentioned so far, but probably not in the amount that necessarily means they get done. I would like to find some matching opportunities. I think I'd like to leverage some of these dollars with the energy grant as well and see if we can't do some of the things with respect to energy consumption within the city street lighting, that sort of thing. I like the incubator job project, but not to the tune of I believe it was 50,000 dollars. As far as I'm concerned what I would like to see -- I would like to see at a minimum a budget and what the expected outcomes are going to be from these projects. Some best guess or analysis what the energy savings might be or what the educational component might be, how Meridian and its citizens benefit or could benefit from this particular demonstration, to possibly a full blown business plan that might related to somebody who is going to look at getting a business grant. Canning: Sir, could you repeat the last one. Sorry. Rountree: Some sort of a -- not only a budget, but possibly a business plan of some sort from those entities that would participate in the jobs grant aspect, if, in fact, we move forward with that particular piece. Meridian City Council • May 5, 2009 Page 7 of 10 Canning: So, just to clarify, sir, you would want that to be part of that program, but you wouldn't necessarily be looking for that in a later discussion before you decide on it or do you want us to -- Rountree: I would like to have that as part of the criteria for providing the grant. Canning: Okay. Rountree: So that you all, the committee that's established to sort through this or the Council, whom ever, has something to base that decision on. Canning: Okay. Thank you, sir, for the clarification. Rountree: Any other comments or direction? I guess this item will continue, Anna, as you have an opportunity to -- to pull this together I'm thinking maybe another couple weeks. We might want to have it on our June workshop. That gives you about four or five weeks. And gives us some more time to generate some ideas on projects. Canning: That sounds like a good time frame, given the level of detail you're looking for. I think that it will take me awhile to round that up. Rountree: Okay. Thank you. Canning: Thank you, sirs. I appreciate your comments and we will work those as best I can. B. Parks Department: 1. Discussion of Heroes Park Easements: Rountree: Next item on the agenda, 6-13 has been requested to be vacated. I don't believe I need a motion for that. Item 7: Items Moved from Consent Agenda: Rountree: So, we will move on to Item 7. There were no items removed from the Consent Agenda. Item 8; Ordinance No. 09-1404 Reimbursement Code (3rd of 3 Reading): Rountree: The next item on the agenda is No. 8, Ordinance 09-1404. If we could have that read by title only. Meridian City Council May 5, 2009 Page 8 of 10 Holman: This is the third reading of City of Meridian Ordinance No. 09-1404, an ordinance of the City of Meridian repealing Title 9, Chapter 1, Section 13 and Title 9, Chapter 4, Section 19 of the Meridian City Code, relating to cooperative and/or reimbursement agreements, enacting a new section, Title 8, Chapter 6, Section 2, relating to reimbursement agreements for infrastructure enhancements and providing an effective date. Rountree: The title of that ordinance has been read. Is there anybody wishing to have the entire ordinance read? Seeing none, I would need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approved Ordinance No. 09-1404. Zaremba: Second. Rountree: It's been moved an seconded to approve Ordinance 09-1404. Roll call vote, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Amendment to Ordinance No. 04-1116 A: AZ 03-037 Request for Annexation and Zoning of 46.40 acres from RUT to R-8 zone for proposed Chesterfield Subdivision by Centennial Development, LLC — east of North Black Cat Road and north of West Franklin Road: Item 10: Amendment to Ordinance No. 08-1350 A: AZ 07-017 Request for Annexation and Zoning of 40.4 acres from RUT to C -C zone (21.3 acres), R-8 zone (6.27 acres) and R-2 (12.87 acres) for Three Corners by David Dean — 6380 North Locust Grove Road: Rountree: Next items on the agenda, Items 9 and 10, amendments to Ordinance No. 04-116 and Ordinance No. 08-1350. If I could have those read by title only. Holman: City of Meridian ordinance amending Ordinance No. 04-116, an amended ordinance AZ 03-037, Chesterfield for annexation of property located in a portion of the northeast one quarter of the southwest one quarter and a portion of the northwest one quarter of the southeast one quarter of Section 10, Township 1 north, Range 1 west, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-8, Medium Density, in the Meridian City Code, providing that copies of Meridian City Council • May 5, 2009 Page 9 of 10 this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rule and providing an effective date. Holman: City of Meridian amended Ordinance No. 08-1350, an amended ordinance AZ 07-017, Three Comers Subdivision, for annexation of a parcel of land located in the north half of the northwest one quarter of Section 29, Township 4 north, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to C -C, Community Business District, R-8, Medium Density Residential District, R-2 low density residential, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rule and providing an effective date. Rountree: You have heard the titles for both amendments for Items No. 9 and 10. Anyone wish to have those ordinances read in total? Seeing no one -- Bird: Mr. President. Rountree: Mr. Bird. Bird: I move we approve Ordinance No. 04-1116 and 08-1350, with suspension of rules. Hoaglun: Second. Rountree: It's been moved and seconded to approve Items No. 9 and 10. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 11: Executive Session per Idaho State Code 67-2345(1)(c) — (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): Rountree: Last item on the agenda this evening is an Executive Session per Idaho State Code 67-2345 (1)(c). I need a motion. Bird: So moved. Meridian City Council • • May 5, 2009 Page 10 of 10 Zaremba: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: We are out of the Executive meeting at 7:53. Need a motion. Bird: I move we come out of Executive Session. Zaremba: Second. Rountree: It's been moved and seconded to come out of Executive Session. All in favor? Opposed? Motion passes. MOTION CARRIED: ALL AYES. Bird: I move we adjourn. Zaremba: Second. Hoaglun: Second. Rountree: It's been moved and seconded and third to adjourn. All in favor? MOTION CARRIED: ALL AYES. Rountree: We are adjourned. MEETING ADJOURNED AT 7:54 P.M. (AUDI RECORDING ON FILE THESE PROCEEDINGS) TAMMY EERD, MAYOR DATE APR�R ATTEST: JAYCEEW. HOLVA , CIIMLRK May 1, 2009 11 MERIDIAN CITY COUNCIL MEETING MayA, 2009 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of March 10, 2009 Pre -Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 1, 2009 fif � MERIDIAN CITY COUNCIL MEETING may , 2009 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of April 21, 2009 City Council Special Meeting Workshop AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. May 1, 2009 -5 VAR 09-001 MERIDIAN CITY COUNCIL MEETING May/ 2009 APPLICANT James Wylie ITEM NO. S -C REQUEST Findings for Denial -- Request for Variance to allow 1 right in / right out access point to State Highway 20 / 26 and to reduce ITD right of way adjacent to Chinden Boulevard from 100 feet to 70 feet for Knighthill Center AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CJ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) FOR VARIANCE TO ALLOW 1 RIGHT- ) IN/RIGHT-OUT ACCESS POINT TO ) STATE HIGHWAY 20/26 AND TO ) REDUCE ITD RIGHT-OF-WAY ) ADJACENT TO CHINDEN BOULEVARD) FROM 100 FEET TO 70 FEET 1 FOR 1 KNIGHTHILL CENTER 1 APPLICANT ) CIC 05-5-09 Case No. VAR 09-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled variance application having come on for public hearing on April 7, 2009, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Anna Canning, Meridian Planning and Zoning Department, and James Wylie, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for April 7, 2009, before the City Council, the first publication appearing and written notice having been FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KNIGHTHILL; CASE NO. VAR 09-001 PAGE 1 OF 5 mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on January April 7, 2009, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located at the Southwest corner of West Chinden Boulevard and N. Linder Road, Meridian, Idaho. 5. James Wylie whose address is 1676 North Clarenden Way, Eagle, Idaho, is the current property owner and applicant. 6. The Applicant requests a variance to allow 1 right-in/right-out access point to State Highway 20/26 and to reduce ITD right-of-way adjacent to Chinden Boulevard from 100 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KNIGHTHILL; CASE NO. VAR 09-001 PAGE 2 OF 5 • 0 feet to 70 feet. The property which is the subject of this application is within the City of Meridian. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council shall apply the standards listed in Idaho Code §67- 6516 and all the findings listed in Section 11-513-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district. b. The variance relieves an undue hardship because of characteristics of the site. c. The variance shall not be detrimental to the public health, safety and welfare. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That this denial is in accordance with the attached Staff Report for the hearing date of April 7, 2009, incorporated by reference. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for variance is denied for the following reasons: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KNIGHTHILL; CASE NO. VAR 09-001 PAGE 3 OF 5 0 • 1) Granting this variance would grant a right or special privilege given that the City of Meridian has a specific ordinance with respect to limiting access to state highways as set forth in Section 11-3H of the Meridian Unified Development Code. 2) There no undue hardship in this matter since applicant still has access to this site that does not violate the provisions set forth in the UDC, Section 11-31-1. 3) Granting this variance would be detrimental to the health, safety and welfare of the public. By action of the City Council at its regular meeting held on the day of 2009. ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN BRAD HOAGLUN VOTED _jjt� COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN DAVID ZAREMBA VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: j 2� MOTION: APPROVED: ✓ DISAPPROVED: 7 MAYOR (AMMY de WEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KNIGHTHILL; CASE NO. VAR 09-001 PAGE 4 OF 5 n 0 ATTEST: ` ,•��`.��1 Of �oTFo , ir JAYCEE L. OLMAN, CITY CLERK o,�01 iso UNV 1111111 10\ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: Dated: City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR KNIGHTHILL; CASE NO. VAR 09-001 PAGE 5 OF 5 • 0 May 1, 2009 MERIDIAN CITY COUNCIL MEETING May 9, 2009 APPLICANT ITEM NO. 5-D REQUEST Change Order No. 1 with Paul Construction for Settler's Village Square Phase 1 for $5,5484.76 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See affached 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 0-4-00W MERIDIAN, ID 83642 0 Change Order No.: I Project Number; PKC -006 Date: 121912008 Effective Date: Paul Construction Inc. PROJECT: Settlers Village Square Phase I Desciption: WCD No.2) Additional I" PE pipe and install yard hydrant provided by City of Meridian. WCD No.3) I)Additional 3/4" conduit and 2)Change fiberglass J boxes to concrete. WCD NoA) 1)Additioani landscape drains and 2)Additional concrete near pump house. Reason for Change Order: WCD No.2) To provide water for the horseshoe pits. WCD No.3) 1)Future electrical and 2)13efter product WCD No.4) I)Drain the landscape water and 2)Eliminate future maintenance time. No, 2 through 4. ftl Amount $1,35 $2,05 Original Contract Price- $566,489.001original Contract Completion Date- - 5/7/2009 Original Contract Completion Dp2: Net changes form previous C.O.s.: Net Days change form previous C.O.s: No. 9 to 0 No. 0 to 0 $0.00 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: 5/7/2009 Net Increase (decrease) of this C.O.: Price with all Approved C,O.'s: Days Increase (decrease) of this C.O.: 2 Completion Date with all Approved C.O.s: $571,973.761 RECOMMENDED: (CITY CAPITAL PROJECTS MANAGER) A Date: — -3— ACCEPTED (C" DIVISION REPRESENTATIVE) AC TED {CONT CTO By: q By: Date:Date: APPROVED: (CITY PURCW-1N,,G AGENT) COUNCIL APPROVAL' -Ile By, Keith Watts Date: Date: 15-, - APPROVED ATTEST:c CLERK) S�A SEAL By: Mayor Tammy do W BY. lerk, cee mQa Date: Date:31 , . 57 7 - Qlk OOL*rr,( No. 002 DATE OF ISSUANCE 10/29/08 EFFECTIVE DATE 10/29/08 OWNER _City of Meridian CONTRACTOR –Paul Construction Contract: –PKS-08-006 Project: Settlers Village Square Phase One OWNER!s Contract No. –PKS-08-006 ENGINEER's Project No. 07045 You are directed to proceed promptly with the following change(s): Description: Install an additional 186 LF of I" PE water service and place additional concrete as detailed in "Attachment A". Purpose of Work Change Directive: By coordination with the Treasure Valley Horseshoe Club for horseshoe pits. Attachments: (List documents supporting change) The Land Group drawing C5.01(i) dated 10/29108 ("Attachment A'J IfOWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: 11 Unit Prices N Lump Sum 11 Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Times: Substantial Completion: _ days; Ready for final payment: _ days. RECOMMENDED: AUTHORIZED: A� J't4— 46q� O -WW oft �SITAS40ER OWNER DEPARTMENT KEPRESENTATIVE By: By: ;E1 not, yK EJCDC Wo. 191 04-F (A996 Ed 4'Pi �'A4 Iry Cmat—.,*-TVV'Tr-rtf f'r—in nft�—mf �­ f? aul onstru tion '' Inc. Sitr ItieR _Xcavatirs City ofMerkHen Max dense» 560 W. Wamrklvm Medawa w RE: SWOm VMW Sgaare P1= I Work Change Di:+ ed" #2 R"uW for Chaage Oww Add 186 LF V PE pipe Adel 1 EA yard hydrmc {owner furnished) .Add 2' x 2' ooMme 11 ewal $404.00 Labor and Equipmenj V4 .00 $1194.00 15% � $1315.6 NO s— 39 47 $1355.07 arnnsi L. Favi • PALCOtaTR PAeE 01 PWL -10495-AA-4{02319, 02830, 02310,03300,02740,02500) P.O. Box 1117 • Meridian, Ip 83M (208) 4614-2933 • Fax (208) 465-9013 &mail: ploamctnecs-com RCE - 6121 0 0 �# N DATE OF ISSUANCE —11/17/08 EFFECTIVE DATE 10117/08 OWNER _City of Meridian CONTRACTOR —Paul Construction Contract: —PKS-08-006 Project. —Settlers Village Square Phase One '4_',WNER!3 Contract No. —PKS-08-006 ENGINEERs Project No. 07045 You are directed to proceed promptly with the following chang4s). Description: Install additional 3/4" enVty conduit as detailed on attached Drawing No. SK -E3. For future lighting use. Attachments: (List dommnts mWorhft change) * Drawing No. SK -113 fivin Mulder Engineering incorporated. * RFI No. 5 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. 13 Unit Prices 0 Lump Sum 0 Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. kUCOJkT_ AUTHORIZW: OWNBR�P OWNERDIIP REPRESENrATIVE 13T. Auv By: ,2 -=;a PJCI)C Nm I - 1"6 Bffifton) 17� -7r I E1�4xsf by**EVftMlohtC-ftdD--ftCD-Mft-d-dmwdbyMmAmcaUdGmagCon&mmofA=ammdftCmftwtkmfteM,,t= i Dare: November 17, 2008 To: Land Group Atte: Jyl Beveridge Fay. 939-4445 Project: Settlers Village Square Phase One improvements i Sheet ELL details (1) WP GFI Junction Box and (1) WP Junction Box near each other at the north side of the tennis courts. Are 2 Junction Boxes required or can I Junction Box serve the purpose for both? Thank you Max S. Jensen City Of Meridian The one box at the north end of the tennis court could be used for the convenience outlet (WP, GFl). It was intended for use with an automatic tennis ball serving machine. So the public would need access to it. The other box was intended to be used to feed the future tennis court lighting poles. My only concern is that the public would have access to the outlet. If they are in the same box, they would also have access to the electrical connections to the light fixtures on the pole. It may not be a goal idea to allow them access to that for safety and vandalism reasons. Another thought has occurred to me. The junction boxes on the east and west side . of the court are intended to feed lighting poles which would be located along each side toward each serving line. There could be 2 or three lights on each side depending on the type of light used. When the lights are installed, there will have to be conduit run from the box to the light pole locations. If those boxes are in an asphalt or concrete area, they would have to cut and patch the asphalt or concrete in the future when those light are installed. There could be two 20 amp circuits going in each direction north and south. Perhaps a 3/e" empty conduit run from serving line to serving line through the junction box would be a good idea to avoid cutting and patching. Rod Mulder, P.E. A-12 KEYED NOTES: e a GJ W mm CONDUR mm Our 101NE COURT BASELINES Go AND CAPPED FOR FUTURE USE ROUTE 12* OFF EDGE OF S FIVIS'tIED COURT OR $100M 70 AVOID POTENIK LOCA1W OF FUNIS LR:FR POLE LOCATIONS. I N EL � 0 r 0 M SITE J Mulder Engineering Y Incorporated SETTLERS VLL.AGE SOUARE PAfK o�►ta DRUM Na SK -0 1 OF 1 Boas eeSuva,�Q .IDMW wra.r r irr4 AlX= COIN FOR FUTURE LIOW POLE13 November 25, 2008 Max Jewo City of Meddian RP.: settlem Village *Wm plun r Worm CNMc Dbagwe No, 003 WTI WJIE, Add'/" conceit plus chsage plaqftc boxes to cxurete boxes. See P attached from Southam Idaho Electric $ 814.00 slam. $1,814 00.(subconftctor)• !0%' ,0 * - - '1011 An (per Court wdon) ' 51,995.40 0 S2,053.26�keleaw in Cvmract lud"M in COn mast Time: 2 days. Thank you. Jam= L.pald II PAGE 61 PWL -10495-ASA,-4(02319.02850, 02310, 03300, 02740, 0250 P.O. Box 1117 * Meridian, W 83680 (208) 466-2953 0 Fax (208) 465.9013 11 -mail: plEnslt+ctnGcs.com RCE - 6121 11!2512808 Nqv 21 08 03:32p 0 16:18 2084659013 Lee Van Schalack ;0U M910110010 MCTRIC INC. s.0 -Box U2 Melba ID ma 311- 208.495.2778 "8x -X&495.2780 To: PAM PROPOSAL ID Electrical Contractor Public works EkeWmi Contrador 208.94,.5750 # 27456 #15206-C-4(16000) 'ul� JobNanw: SETTLERSVI"GESQUARE Nt State 210 lob Location: lrthitec!-- t;ArMt9Ct Phone: Ve here by submit speciflcadon and a urnates fbr : CHANGE PROPOSAL ADD CONDUITAS OETAILED ON DMW NG SK -E3 FROM $ 814.04 MULDER ENGINEERING SUPPLY AND INSTALL 4 - CONCRETE J -BOX S FOR TXM IS Isom= COURT V4 propose hereby to furnish numvIal and labor -complete In accordance with above speciflcat:ton, for: duffers 'ayments to be made as follows; DRAM' - � bb wdrlclsto nnptM t to a rrorbaw Ift mnnat acdrOg to =Mad d secices.Arttralti enordarlstionRor+m*govrt ntia 1B b* a MKO a+h UPe +Mian onfu4nd aA bet n AathorladStmatum LEE VAN SCHOI' CK sears a w wA *boyo tt►* aeaaort+al. AD agr�ereoe 2COMWIMM aaaa, autdoett; or de(W travaw our artrot. o xnerso oryy rmr. bfrnado WQ1'E: This propo�l may withdrawn by n and oidgr n*teraeary� iuranw. OAT WQftiM 2M fUVV aoaorod by Us if not BCtCpted vritTh , SO _days. et—�—.-CAMPO GUM""W"Uca ccEPrARM up ,. w above prh*rj, epadticadon and cortwoona are Slgrlature ltWacto►y are *hereby a=*C. You auftdxed do Ow work et sPWMed. P►me a will be made as outffnad. SlSrtattrre f n %fQ A#,armn"rum 0 0 No. 004 DATE OF ISSUANCE —11/24108 EFFECTIVE DATE 11/24/08 OWNER --jCity of Meridian CONTRACTOR Paul Construction Contract: PKS48--006 Project: Settlers Village Square Phase One OWNER'S Contract No.PICS-08-006 ENG 's Project No. 07045 You an directed to proceed promptly with the following Description: 1) Install (2) additional landscape drams as detailed in attached Sheet No. C4.01(1) 2) Them is a matobline detail on the top middle of Sheet 03.01. There is a "Y" shaped sidewalk in the detail with a north leg and an east leg. There is an existing pump house new the east leg sidewalk. Prepare and place concrete between the east leg concrete walk and the existing pump house (refer to detail I of sheet C3.10). Purpose of Work Change Directive: 1) Better drainage 2) Less maintenance. Attachments: (List docurnots supporting change) 1) Sheet No. C4.01�1) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: 13 Unit Prices a Lump Sum 0 Cod of the Work Estimated increase (decrease) in Contract Price: Estimated micrease(de crease)inContract $ Tinier. If the change involves an increase, the estimated Substantial Completion. days; amount is not to be exceeded without further Ready for find payment: days. authorization. 1176141MIT, 1-4 rk, I 07TOM 0 • Phage On$ GMdl,/�(}/�� end 23tM Plan wwwl�pr.�--_••SliOril�- .7r�1�1A� WW .amm� r.ar 786 , WG atiwe nf. Settlers Village Square Phase One Improvements ���w�Mir rw lU Handler% Nally C4.01(1) December 1, 2008 Max Jennen .�3 f.: �.Gd.. City of McAdian RB: Settlers Village Square — Phan 1 Project No. 07045 #1- Add (2) additional bndaaape dnft Mate�tiat" $ 990.00 lAftr dt Equipment 16W,.(g $1650.00 159 4T $1897.50 3% bmd $ 56.93 $1954.43 #2 — Add concrete at pumpbouse 1S,Lp $ 120.00 TOTAL INCREASE: $2,074.43 , Thank you JIMCSL Paul 0 • To: Jaycee Holman; Tara Green; Kathy Wanner, Keith Watts Prom: Max Jensen, Capital Projects Manager CC: Steve Siddoway, Parks and Recreation Division Director Elroy Huff, Parks and Recreation Division Superintendent Date: 4/27/2009 Re: Proposed Agenda Item for May 5, 2009 City Council Meeting The Parks and Recreation Division respectfully requests the Blowing item be placed on the May 5, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order No. 1 with Paul Construction for the Settlers Village Sguare — Phase 1 project (Construction) Attached is Change Order No. 1 with Paul Construction for additional work associated with the construction of the Settlers Village Square — Phase 1 project. This additional work will provide better drainage, lower maintenance, and services for future development. The Change Order is for $5,484.76 and is less than a 1 % increase to the original contract. Recommended Council Action: The Parks and Recreation Division recommends that City Council approves and signs the Change Order with Paul Construction. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 1 Project Number. PKS-08-006 Date: 12/9/2008 Effective Date: CONTRACTOR: Paul Construction Inc. PROJECT: Settlers Village Square Phase 1 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: Amount WCD No.2) Additional 1" PE pipe and install yard hydrant provided by City of Meridian. $1,355.07 WCD No.3) 1)Additional 3/4" conduit and 2)Change fiberglass J boxes to concrete. $2,055.26 WCD No.4) 1)Additioanl landscape drains and 2)Additional concrete near pump house. $2,074.43 $5,484.76 Reason for Change Order: WCD No.2) To provide water for the horseshoe pits. WCD No.3) 1)Future electrical and 2)Better product WCD No.4) 1)Drain the landscape water and 2)Eliminate future maintenance time. Attachments: WCD No. 2 through 4. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $566,489.00 Original Contract Completion Date: 5!712009 Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $0.00 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: 5!712009 $566,489.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: 2 WORKING $5,484.76 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: 519/2009 $571,973.76 RECOMMENDED. (CITY CAPITAL PROJECTS MANAGER) Date: ACCEPTED (CITY DIVISION REPRESENTATIVE) AC PT ( CTO By. �' By: f� Date: J .� ,1J Date. APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY MAYOR) ATTEST: (CITY CLERK) By: Mayor Tammy de Weerd By: City Cleric, Jaycee Holman Date: Date: • 0 WORK CHANGE DIRECTIVE No. 002_ DATE OF ISSUANCE _ -10/29/08 EFFECTIVE DATE" 10/29/08 OWNER _City of Meridian CONTRACTOR _Paul Construction Contract: PKS-0B-006 Project: _Settlers Village Square Phase One OWNERts Contract No. _PKS-08-006 ENGINE Ws Project No. _07045 You are directed to proceed promptly with the following change(s): Description: Install an additional 186 LF of 1" PE water service and place additional concrete as detailed in "Attachment A". Purpose of Work Change Directive: By coordination with the 'Treasure Valley Horseshoe Club for horseshoe pits. Attachments: (List documents supporting change) The Land Group drawing C5.01(1) dated 10/29/08 ("Attachment A") If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ❑ Unit Prices ■ Lump Sum ❑ Cost of the Work Estimated 'increase (decrease) in Contract Price: Estimated increase (decrease) in Contract If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Times: Substantial Completion: days; Ready for final payment: days. RECOMMENDED: AUTHORIZED: A )AZf-J O PRO A ER UWNER D PA TMEN EPRESENTATIVE BY: BY:ixt�.,.t _hEh.S-S- EJCDC Wo. 1910.$-F (1996 Edition) Prepared by the Eneneeta lam Cwwact Dommits CwMnm and endorsed by The Associated General Conpactm of Annerlca and the Conatnution Specilicalions ttntim. 0 • Lj 813—LF I SERVCE 1 "w 74 -LF 1' PE WATER SERVIC - 3 EI3 t. o c 82—LF 1' PE ` �' ` WATER SERVIt� _ L �I_ _J Q o � 3 104 -LF V PE WATER SERVICE CONCRETE PAD FOR YARD HYDRANT. CITY OF MERIDIAN TO (PROVIDE HYDRANT. ONTRACTOR INSTALLED. UP T= MW auk me Settlers Village Square va Phase One Improvements .��it �wi�w C5.a1{1} 1�811W'Ugl R7 0 • 11/10/2908 15:28 ' 2084659013 Ply. LCCNSTR PAGE 01 PWL -10495-AA-4(02319,02&10, 02310,03300,02740,02500) onstf', * n Inc. P.O.ul Box 1117 Meridian, ID 83680 Site Utilities a Asphalt Paving 9 Excavadon (208) 466-2933 • Fax (208) 465-9013 E-mail: plamtratn6 oxom RCI3.6121 November 10, 2048 City ofMaWan Marc Jensen 660 W. Watedtowea Msddian, ID RE: Sttiers Village Square Pbaae I Work Change Directive #2 Request for Clmge Of der Add 186 LP 1" PE pipe Add I EA, yard hydrant (*wast Annisshod) .Add 2' x 2' cone Mawal $404.00 Leber and Equipment V- 00 $1144.00 15'yo SS I $1315.60 3% S 39.4fi $1355.07 hia9me woes L' . 'ani I 0 • WORK CHANGE DIRECTIVE No. 003_ DATE OF ISSUANCE _11/17/08EFFECTIVE DATE 10/17/08 OWNER _City of Meridian CONTRACTOR _Paul Construction Contract: PKS-08-006 Project: Settlers Village Square Phase One OWNER!& Contract No. PKS-08-006 ENGINEER's Project No. 07045 You are directed to proceed promptly with the foltowing change(s): - Description: Install additional 3/o' empty conduit as detailed on attached Drawing No. SK -E3. Purpose of Work Change Directive: For future lighting use. Attachments: (List documents supporting change) • Drawing No. SK -E3 from Mulder Engineering Incorporated. • RFI No. 5 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim .for a Change Order based thereon will involve one or more, of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ❑ Unit Prices ■ Lump Sum ❑ Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: days; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: OWNE_ R PR IE MA GER OWNER DBP 1 NBNT REPRESENTATIVE Br A EJCDC No. l 910-940-(l 6 rtion) .-t-r-- ^ Pnps"byft EV=MJoWCon actDaoo Com andwdoTudbynsAssacbAGamAConftwWnofAnm=4addoConshvcdonWidens tnsdntte. C`�E IZ r Date: November 17, 2008 TO: Land Group Ann. Jyi Beveridge Fox. 939-4445 Project: Settlers Village Square Phase One Improvements 0 RFI No. 05 Sheet E1.0 details (1) WP GFI Junction Box and (1) WP Junction Box near each other at the north side of the tennis courts. Are 2 Junction Boxes required or can 1 Junction Box serve the purpose for loth? Thank you Max S. Jensen City Of Meridian The one box at the north end of the tennis court could be used for the convenience outlet (WP, GFI). It was intended for use with an automatic tennis ball serving machine. So the public would need access to it. The other box was intended to be used to feed the future tennis court lighting poles. My only concern is that the public would have access to the outlet. If they are in the same box, they would also have access to the electrical connections to the light fixtures on the pole. It may not be a good idea to allow them access to that for safety and vandalism reasons. Another thought has occurred to me. The junction boxes on the east and west side of the court are.intended to feed lighting poles which would be located along each side toward each serving line. There could be 2 or three lights on each side depending on the type of light used. When the lights are installed, there will have to be conduit run from the box to the light pole locations. If hose boxes are in an asphalt or concrete area, they would have to cut and patch the asphalt or concrete in the future when those light are installed. There could be two 20 amp circuits going in each direction north and south. Perhaps a W empty conduit run from serving line to serving line through the junction box would be a good idea to avoid cutting and patching. Rod Mulder, P.E. N 10 A-12; j 0 0 KEYED NOTES: Q Y.• Elm comuff mm Our To THE CMIRT WMINES AND CAPPED FOR FUFURE USE ROUE 12' OFF EDGE OF ® FINNED COURT OR SIDEWALK TO AVOID POTENIfl L LOCATIONS OF FUI1URE LIM POLE LOCATIONS. o! ELECTRICAL SITE PLAN -WEST END SCALE: 1' - �—d' Mulder Engineering Ll Incorporated MI.... - DRWw No. SK -E3 10171 2" N 271h Stmt. Suite Q Base, ID 8070 tot t= 32W46 td .Sae n7a em�i nwwW mnet AD= CON= POPJTW LKW POM 1r- J _._ 4EC JJ �prp JJ JtiJJJ °ECiy E 10 s C {ry U AWF .............. / ` J 1 JJ. JJJ JJJ �{J �J,�JJJJJJ \y J 1 0 KEYED NOTES: Q Y.• Elm comuff mm Our To THE CMIRT WMINES AND CAPPED FOR FUFURE USE ROUE 12' OFF EDGE OF ® FINNED COURT OR SIDEWALK TO AVOID POTENIfl L LOCATIONS OF FUI1URE LIM POLE LOCATIONS. o! ELECTRICAL SITE PLAN -WEST END SCALE: 1' - �—d' Mulder Engineering Ll Incorporated SETTLEF13ALAGE SOUAFE SErRM PAW memxw DAM DRWw No. SK -E3 10171 2" N 271h Stmt. Suite Q Base, ID 8070 tot t= 32W46 td .Sae n7a em�i nwwW mnet AD= CON= POPJTW LKW POM 11/25/2609 16:10 2084659013 J�aui onstrucOo Z Inc. Site TAUides • Asphalt Paving - Bxcavationi November 25, 2008 Mer Jensen City of Meridian RE: Settlers Village S quam Phase I Work Change Direedw No. 003 PALLCONSTR PAGE 01 PWL -10495-A.A-4(023 t 9, 02850, 02310 03300,02740,02500) P.O. Box 1117 • Meridian, 10 83680 (208).466-2953 - Fax (208) 465-9013 E-mail: plemu�M@cs.com @cs.com RCB - 6121 Add ¢!a" conduit plus change plastic boxes to concrete boxes See proposal aftched from Southern Idaho Electric $ 814.00 10. $1,814.00. (subcontractor) INo $ . x_81.40 (Paul Construction). . . $1,995.40 310 .59 .86 (Bond) : $2,055.26 In acease in Contract Increase is Contract Time 2 days . hank you. Jamess LPOW 3 1112512008 Nqv 21 08 03:32p 0 16:10 - 2084659013 L99 Van Saholack ;GUiI*ft IDAHO RECIMIC INC. 3.0. Box 182 %ielba ID 83641. ?h- 208.495.2778 ,ax 208A9S.2m PROPOSAL • PALLCONSW 208.496.2780 Lee Van SicImlack ID i lecMcxal Contractor Public Works Ekctricel Contractor PAGE 02 P•1 ZU8.94LS?50 # 27456 #IS206-C-4(16000) 'ramal Subm fitted To: Mik CONSTRUCTION Pharte nate: 2tJCi8 t Job 14anw: SETTLERS VILLAGE SQUARE qty State Zip Job tociiHan: Irehitect Cdrttact Phare: Ve here by submit MmIllcatton and a amams for: CHANGE PROPOW ON DRAWING SK -E3 FROM SUPPI.YANDINSTALL4-CONCRETE.14OXEShbRTENNIS S 1,000.00 COURT Ve propose hereby to furnish material and labor -complete in accordance with above specIffeation, for_ to above odems, spwftetion and candltions are SiSetature itloactory, am UR* aced. You authorized do the work at speeifled. poiymerom will be made as outlkmcL Sfgnatte rw*- raf 4rran"m-m (S) dodtus aymems to be made as follows., DRAWS nastet4 gr�ra�nee to�sr� work]sto unPFabed i► a workman t�ca raAnner,Aoaa►d&ig to �ndArd >aakm.�nyaat�attcn ordev�ttonfe.tnal�►a ar+a Authoffted 5igMure LEE VAN SCHO ACK IN be eaes W" only Upon wattgn Ordln %=d Wm berm" 1401"ehargeave "Aaboaothtftftat d. ADa�eseamrta e conawnt1wom BU&m wAfdwft ordeta" beyond our MON., This proposal may withdrawn by Milli. OwWrte tRlAIy lift temsdo and othv aecga+3ruN us if not et:Cepted valth In _10—days. mrsa m, Oar woritate Ate fully by erkmen'a C� dts�rto7. ., to above odems, spwftetion and candltions are SiSetature itloactory, am UR* aced. You authorized do the work at speeifled. poiymerom will be made as outlkmcL Sfgnatte rw*- raf 4rran"m-m 0 • WORK CHANGE DIRECTIVE No. 004 DATE OF ISSUANCE _11/24/08 EFFECTIVE DATE 11/24108 OWNER _City of Meridian CONTRACTOR Paul Construction Contract: _PKS-08-006 Project: Settlers Village Square Phase One OWNER's Contract No. PKS-O&W6 ENGINEER's Project No. _07045 You are directed to proceed promptly with the following change(s): Description: 1) install (2) additional landscape drains as detailed in attached Sheet No. C4.01(lt 2) There is a matehline detail on the top middle of Sheet C3.01. There is a "Y" shaped sidewalk in the detail with a north leg and an east leg, There is an existing pump house near the east leg sidewalk Prepare and place concrete between the east leg concrete walk and the existing pump house (refer to detail 1 of sheet C3.10). Purpose of Work Change Directive: 1) Better drainage 2) Less maintenance. Attachments: (List documents supporting change) 1) Sheet No. C4.01(i) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: E1 Unit Prices ■ Lump Sum ❑ Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the change involves an increase, the estimated Substantial Completion: _ days; amount is not to be exceeded without further Ready for final payment: days. authorization. _ RECOMMENDED: OWNER PR JBCi M ER OWNER DEP TMEN PRESENTATIVE EJCDC No. 91Q -8-F (199 Edition) Prepared by rho EtgiD=Jotet ON&= Decd Cmmf*m and an t=W by Me AmdaWd G=erm CanWd m of Amaw =4 ft Con*.dw $Vmffw0ona [Wdhlte. i 0 Settlers Village Square Phase One Improvements ►��wMwrw•►Mrm• rwrYYb ►rp11��'l�{I Ki C4.01(i) 12/08/2008 12:42 2084659013 PAULCONSTR PAGE 01 faul PWL -10495. AA4(02319, 02850, /�r�yy� 02310,03300,02140,02X*) V 7 ��cl ion Inc. PO. Box 1117 • Meridian, ID 83680 $ to Utilities • Aspb alt Paving • Excavation {208) 466,2953 • Fax (208) 465-9013 E-mail: picnatrcm®cs.com RCE - 6121 December 1, 2008 max Jenun City of MAdian RE: Settlers Ville Square — mase 1 Project No. 07045 #1- Add (2) addiction d landscape drains Matm ial $ 990.00 Labor dt BgWpxnextt $660.00 $1650.00 15% S-2-47,50 . $1897.50 3% bond $ 5,A..93 $1954.43 ##2 — Add concrete at pamphouse 15 LF $120.00 TOTAL JNCREASE:.$2,074.43 Thank you. James L. Paul May 1, 2009 MERIDIAN CITY COUNCIL MEETING May 9, 2009 APPLICANT ITEM NO. 5-E REQUEST Sanitary Sewer and Water Main Easement Agreement for Education Campus No. 2 by Meridian Joint School District No. 2 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. . r '9 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 1151F 09 000 PM DEPUTY Bonnie Oberbilllg RECORDED -REQUEST OF IIl IiIIIIIIIIIIIIIlI11IlIlllllll II III Meridian City 109061607 9061607 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this S day of 20(between Joint School District No. 2, the parties of the first part, and hereftuift& 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A, B, C and D) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the 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 and Water Main Easement S&W MAIN.doc MERIDIAN ESMT 1— 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 thereon 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. Juan Vuittonet, Board Chairman STATE OF IDAHO ) ) ss County of Ada } On this 10' day of ADrl ( , 20kT, before me, the undersigned, a Notary Public in and for said State, personally appeared Juan Vuittonet, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. •••••u.�niah�t� T0.. liC • ��.*�•G1Q► A• jj �i�� NOTARY P LTC FOR IDAHO ty�V$ Residing at: `A*t • AJt k s?i : Commission Expires:_ SewAr9! mater A went MERIDIAN ESMT 1�i RRR R'`*..�. i.•`���'O•'��r OF sID �•,i,u.,••••• r1 nf GRANTEE: CITY OF MERIDIAN►►►►►►""";,;,.� Tammy de Weer r SIAL z Attfby Ja° ce Holman, City Clerk •y r ts� �p�'\\ of fit II0 Approved By City Council On: S , STATE OF IDAHO, ) . ss. County of Ada ) On this ✓" day of 1 , t 20 01 lefore me, the undersigned, a Notary Public in and for said State, pers ly appeared TAMMY DE WEERD and Jaycee Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Sanitary Sewer and Water Main Easement S&W MAIN.doc NOTARY Residing at:_ Commission MERIDIAN ESMT March 6, 2009 EXHIBIT "A" MERIDIAN SEWER AND WATER EASEMENT DESCRIPTION FOR PROPOSED EDUCATION CAMPUS SUBDMSION NO.2 A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86 of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at the West 1/4 comer of said Section 32, from which the Southwest comer of said Section 32 bears South 00031'04" West, 2658.95 feet; Thence along the west boundary line of said Section 32 South 00°31'04" West, 997.11 feet; Thence departing said west boundary line South 89038'40" East, 48.00 feet to a point lying on the east right-of-way line of North Locust Grove Road, said point being the Southwest comer of Lot 1, Block 1 of said Education Campus Subdivision. Thence along said east right-of-way line North 00"31'04" East, 905.48 feet to a point intersecting the southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right- of-way line of said East Leigh Field Drive North 46"00'00" East, 49.95 feet; Thence South 89°34`35" East, 10.64 feet; Thence 93.98 feet along the arc of a non tangent curve to the right, having a radius of 469.00 feet, a central angle of 11028'51", and a long chord bearing South 83°50'09" East, 93.82 feet; Thence 106.31 feet along the arc of a non -tangent curve to the left, having a radius of 530.50 feet, a central angle of 11 028'54", and a long chord bearing South 83°50'09" East, 106.13 feet; Thence South 89034'35" East, 11.10 feet to the REAL POINT OF BEGINNING. Thence continuing South 89°34'35" East, 44.00 feet; Thence departing said right-of-way line South 0002525" West, 57.00 feet; Thence North 89'34'35" West, 44.00 feet; Thence North 0002525" East, 57.00 feet to the REAL POINT OF BEGINNING. Containing 2,508 square feet, more or less. Prepared By: Idaho SurveY.Owup, P.C. 071.1 '�6jo.9 Poe. 4 nf (I -- March 6, 2009 EXHIBIT "B" MERIDIAN SEWER AND WATER EASEMENT DESCRIPTION FOR PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2 A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86 of Plats at Page 9804, records of Ada County, Idaho, located In the North 1/2 of the Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at the West 1/4 comer of said Section 32, from which the Southwest comer of said Section 32 bears South 00031'04" West, 2658.95 feet; Thence along the west boundary line of said Section 32 South 00031'04" West, 997.11 feet, Thence departing said west boundary line South 89038'40" East, 48.00 feet to a point lying on the east right-of-way line of North Locust Grove Road, said point being the Southwest comer of Lot 1, Block 1 of said Education Campus Subdivision. Thence along said east right-of-way line North 00031'04" East, 905.48 feet to a point intersecting the southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right- of-way line of said East Leigh Field Drive North 45°00'00" East, 49.95 feet; Thence South 89034'35" East, 10.64 feet; Thence 93.98 feet along the arc of a non -tangent curve to the right, having a radius of 469.00 feet, a central angle of 11 028'51", and a long chord bearing South 83050'09" East, 93.82 feet; Thence 106.31 feet along the arc of a non -tangent curve to the left, having a radius of 530.50 feet, a central angle of 11 028'54", and a long chord bearing South 83°50'09" East, 106.13 feet; Thence South 8903435" East, 147.42 feet to the REAL POINT OF BEGINNING. feet; Thence continuing South 89°34'35" East, 32.00 feet; Thence depaarting said southerly right-of-way line South 00°21'20" West, 61.01 Thence North 89038'40" West, 12.00 feet; Thence South 00°21'20" West, 196.21 feet; Thence North 89°38'40" West, 20.00 feet; Thence North 00021'20" East, 257.25 feet to the REAL POINT OF BEGINNING. Containing 5,877 square feet, more or less. Prepared By: Id; 10ff. +..� March 6, 2009 EXHIBIT "C" MERIDIAN SEWER AND WATER EASEMENT DESCRIPTION FOR PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2 A Portion of Lot 2 Block 1 of Education Campus Subdivision, as flied in Book 86 of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 32, from which the Southwest comer of said Section 32 bears South 00031'04" West, 2658.95 feet; Thence along the west boundary line of said Section $2 South 00031'04" West, 997.11 feet; Thence departing said west boundary line South 89038'40" East, 48.00 feet to a point lying on the east right-of-way line of North Locust Grove Road, said point being the Southwest comer of Lot 1, Block 1 of said Education Campus Subdivision. Thence along said east right-of-way line North 00031'04" East, 905.48 feet to a point intersecting the southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right- of-way line of said East Leigh Field Drive North 45000'00" East, 49.95 feet; Thence South 89034'35" East, 10.64 feet; Thence 93.98 feet along the arc of a non -tangent curve to the right, having a radius of 469.00 feet, a central angle of 11 028'51 ", and a long chord bearing South 83050'09" East, 93.82 feet; Thence 106.31 feet along the arc of a non -tangent curve to the left, having a radius of 530.50 feet, a central angle of 11 °28'54", and a long chord bearing South 83°50'09" East, 106.13 feet; Thence South 89034'35" East, 623.78 feet; Thence 287.93 feet along the arc of a curve to the right, having a radius of 274.50 feet, a central angle of 60005'56", and a long chord bearing South 59°31'37" East, 274.91 feet; Thence South 29028'40" East, 141.52 feet to the REAL POINT OF BEGINNING. feet; Thence continuing South 29028'40" East, 32.00 feet; Thence departing said southerly right -of way line South 60031'20" West, 52.00 Thence North 29°28'40" West, 32.00 feet; Thence North 60°31'20" East, 52.00 feet to the REAL POINT OF BEGINNING. Containing 1,664 square feet, more or less. Prepared By: Idaho Survey Group, P.C. Page off_._! . 1/4 REAL POINT OF BEGINNING REAL POINT OF 5.31 5.32 EXHIBIT A�,,.-- BEGINNING EXHIBIT B L1 S 89'34'35" E 623.78' ,y C1 L2 L7 _ _ _E. LEIGH FIEL_p DR. AS. C2 �� cm 228.34' 216.02' I � 0-, 44.00'M^*L5 32.00' I � 5,00 L10 � Lo 1I o _j o 1120.00' o REAL POW Orn I Z in I I L m cvQ LENGTH m O rr I cn 7 OO V) C1 469.00 93.98 1 93.82 S 83'50'09" E vj oo1T C2 530.50 m 000' 11'28'54" 01-10 274.50 _&8.ZjUj 274.91 1 S 59'31'37" E (n L6 57.00 N 00'25'25" E L7 147.42 x L8 o to L9 ZI S 00'21'20" W O fZ 1 I N 89'38'40" W L11 11 I I S 89'38'40" E L12 48.00' N 89.38'40" W rS-32 257.25 S.31N. L14 R.1 E. S 29'28'40" E L15 E. USTICK ROAD S.6 I S.5 T.M. R.1 E. OF BEGINNIP EXHIBIT C BLOCK 1 0 1 0 ...- - i-- SCALE: 1" - 200' N LINE TABLE CURVE TABLE LENGTH Curve Radius Length lChord Dist.1 CTior rg• Delta C1 469.00 93.98 1 93.82 S 83'50'09" E 11'28'51" C2 530.50 106.31 1 106.13 1 S 8350'09" E 11'28'54" C3 274.50 _&8.ZjUj 274.91 1 S 59'31'37" E 60'05'56" SCALE: 1" - 200' N P id 5 si i e a 3 a� NEWRIDAHO 14M F- MERIDIAN CITY SEWERT&DWATER EASEMENTS 06-202-0 �I II SURVEY rmISO TOWFR87 PROPOSED EDUCATION CAMPUS SUBDIVISION NO. 2 SHEET N0. ramal oM PORTIONS OF THE N 1/2 OF THE SW 1/4 SEC. 32, 1 OF 1 GROUP, P.C. T.4N., .R.1E., B.M., DWG. DATE CITY OF MERIDIAN, ADA CO., IDAHO 02-11-09 LINE TABLE LINE LENGTH BEARING L1 10.64 S 8934'35" E L2 11.10 S 89'34'35" E L3 44.00 S 893435" E L4 57.00 S 00'25'25" W L5 44.00 N 89'3435" W L6 57.00 N 00'25'25" E L7 147.42 S 89'34'35" E L8 32.00 S 89'34'35" E L9 61.01 S 00'21'20" W L10 12.00 N 89'38'40" W L11 196.21 S 00'21'20" W L12 20.00 N 89.38'40" W L13 257.25 N 00'21'20" E L14 32.00 S 29'28'40" E L15 52.00 S 60'31'20" W L16 32.00 1 N 29'28'40" W L17 52.00 1 N 60'31'20" E P id 5 si i e a 3 a� NEWRIDAHO 14M F- MERIDIAN CITY SEWERT&DWATER EASEMENTS 06-202-0 �I II SURVEY rmISO TOWFR87 PROPOSED EDUCATION CAMPUS SUBDIVISION NO. 2 SHEET N0. ramal oM PORTIONS OF THE N 1/2 OF THE SW 1/4 SEC. 32, 1 OF 1 GROUP, P.C. T.4N., .R.1E., B.M., DWG. DATE CITY OF MERIDIAN, ADA CO., IDAHO 02-11-09 0 • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Kane Glenn CQ File Date: 42912009 Re: Proposed Agenda Items for May 5, 2009 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the May 5, 2009 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Education Campus #2 by Joint School District #2. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Education Campus #2 by Joint School District #2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between Joint School District No. 2, 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 sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A, B, C and D) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the 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 and Water Main Easement MERIDIAN ESMT S&W MMN.doc 0 i 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. 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. Juan Vuittonet, Board Chairman STATE OF IDAHO ) ) ss County of Ada ) On this ILF- day of &0 , 200 1, before me, the undersigned, a Notary Public in and for said State, p6onally appeared Juan Vuittonet, known or identified to me to be the person who executed the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ���•1�`�Piiii'•D NOTARY P BLIC FOR IDAHO +"y_•y Residing at: A-10 - Commission Expires: 3•,A? -1S ��� �pTAjt a* f sement MERIDIAN ESMT 1%A11 it A1I�1`i '•- E OF -••' • 0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and Jaycee Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year first above written. (SEAL) Sanitary Sewer and Water Main Easement S&W MAIN.doe NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: MERIDIAN ESMT i 0 March 6, 2009 EXHIBIT "A" MERIDIAN SEWER AND WATER EASEMENT DESCRIPTION FOR PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2 A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86 of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at the West 1/4 comer of said Section 32, from which the Southwest comer of said Section 32 bears South 00°31'04" West, 2658.95 feet; Thence along the west boundary line of said Section 32 South 00°31'04" West, 997.11 feet; Thence departing said west boundary line South 89°38'40" East, 48.00 feet to a point lying on the east right-of-way line of North Locust Grove Road, said point being the Southwest corner of Lot 1, Block 1 of said Education Campus Subdivision. Thence along said east right-of-way line North 00°31'04" East, 905.48 feet to a point intersecting the southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right- of-way tine of said East Leigh Field Drive North 45000'00" East, 49.95 feet; Thence South 89034'35" East, 10.64 feet; Thence 93.98 feet along the arc of a non -tangent curve to the right, having a radius of 469.00 feet, a central angle of 11°28'51", and a long chord bearing South 83050'09" East, 93.82 feet; Thence 106.31 feet along the arc of a non -tangent curve to the left, having a radius of 530.50 feet, a central angle of 11 028'54", and a long chord bearing South 83`50'09" East, 106.13 feet; Thence South 89°34'35" East, 11.10 feet to the REAL POINT OF BEGINNING. Thence continuing South 89034'35" East, 44.00 feet; Thence departing said right-of-way line South 00°25'25" West, 57.00 feet; Thence North 89°34'35" West, 44.00 feet; Thence North 00°25'25" East, 57.00 feet to the REAL POINT OF BEGINNING. Containing 2,508 square feet, more or less. Prepared By: Idaho Survea-Groltp, P.C. W V O(016g 0 r March 6, 2009 EXHIBIT "B" MERIDIAN SEWER AND WATER EASEMENT DESCRIPTION FOR PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2 A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86 of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 32, from which the Southwest corner of said Section 32 bears South 00031'04" West, 2658.95 feet; Thence along the west boundary line of said Section 32 South 00°31'04" West, 997.11 feet; Thence departing said west boundary line South 89038'40" East, 48.00 feet to a point lying on the east right-of-way line of North Locust Grove Road, said point being the Southwest corner of Lot 1, Block 1 of said Education Campus Subdivision. Thence along said east right-of-way line North 00°31'04" East, 905.48 feet to a point intersecting the southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right- of-way line of said East Leigh Field Drive North 45°00'00" East, 49.95 feet; Thence South 89034'35" East, 10.64 feet; Thence 93.98 feet along the arc of a non -tangent curve to the right, having a radius of 469.00 feet, a central angle of 11'28'51", and a long chord bearing South 83'50'09" East, 93.82 feet; Thence 106.31 feet along the arc of a non -tangent curve to the left, having a radius of 530.50 feet, a central angle of 11 °28'54", and a long chord bearing South 8305909" East, 106.13 feet; Thence South 89°34'35" East, 147.42 feet to the REAL POINT OF BEGINNING. feet; Thence continuing South 8934'35" East, 32.00 feet; Thence depaarting said southerly right-of-way line South 00"21'20" West, 61.01 Thence North 89038'40" West, 12.00 feet; Thence South 00°21'20" West, 196.21 feet; Thence North 89°38'40" West, 20.00 feet; Thence North 00°21'20" East, 257.25 feet to the REAL POINT OF BEGINNING. Containing 5,877 square feet, more or less. Prepared By: Idaho Surve-v-Gmup. P.C. 101 /0616 0 • March 6, 2009 EXHIBIT "C" MERIDIAN SEWER AND WATER EASEMENT DESCRIPTION FOR PROPOSED EDUCATION CAMPUS SUBDIVISION NO.2 A Portion of Lot 2 Block 1 of Education Campus Subdivision, as filed in Book 86 of Plats at Page 9804, records of Ada County, Idaho, located in the North 1/2 of the Southwest 1/4 of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada County Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 32, from which the Southwest corner of said Section 32 bears South 00°31'04" West, 2658.95 feet; Thence along the west boundary line of said Section 32 South 00°31'04" West, 997.11 feet; Thence departing said west boundary line South 89°38'40" East, 48.00 feet to a point lying on the east right-of-way line of North Locust Grove Road, said point being the Southwest corner of Lot 1, Block 1 of said Education Campus Subdivision. Thence along said east right-of-way line North 00031'04" East, 905.48 feet to a point intersecting the southerly right-of-way line of East Leigh Field Drive; Thence along said southerly right- of-way line of said East Leigh Field Drive North 45000'00" East, 49.95 feet; Thence South 89°34'35" East, 10.64 feet; Thence 93.98 feet along the arc of a non -tangent curve to the right, having a radius of 469.00 feet, a central angle of 11028'51", and a long chord bearing South 83°50'09" East, 93.82 feet; Thence 106.31 feet along the arc of a non -tangent curve to the left, having a radius of 530.50 feet, a central angle of 11°28'54", and a long chord bearing South 83°50'09" East, 106.13 feet; Thence South 89'34'35" East, 623.78 feet; Thence 287.93 feet along the arc of a curve to the right, having a radius of 274.50 feet, a central angle of 60005'56", and a long chord bearing South 59°31'37" East, 274.91 feet; Thence South 29°28'40" East, 141.52 feet to the REAL POINT OF BEGINNING. feet; Thence continuing South 29"28'40" East, 32.00 feet; Thence departing said southerly right -of way line South 60°31'20" West, 52.00 Thence North 29°28'40" West, 32.00 feet; Thence North 60°31'20" East, 52.00 feet to the REAL POINT OF BEGINNING. Containing 1,664 square feet, more or less. 5 Prepared By: Idaho Survey Group, P.C. E E .1/4 REAL POINT OF BEGINNING REAL POINT OF SCALE: 1" = 200' S.31 S.32 EXHIBIT A ----BEGINNING EXHIBIT B N S 89'34'35" E 623.78 L1 cl i40' L7 ----E. LEIGH FIELD DR. !d -228.34' 216.02' 1 A 00p '.�15 -' v-' 32.00' 3 . I1 S' 0F. Ink, L10 1 � J � D2 i 3Qua 1 REAL POINT ;a 1 20.00' OF BEGINNING �!-,S, z� LI --� EXHIBIT C �0 Do W^ 4 8' ` m 3:m 1 0) O , Lf) aD' 0�rn �'�, 6LQCK 1 4 Q O to , Iz o I ' 1 I � 1 s 89.38'40r e ' 1 I 4e.00' 1661.84' 5.31 5.32 T. R,1 E. E. USTICK ROAD S.6 S.5 T.3N. RAE. CURVE TABLE Curve Radius I Length Chord Dist.1 Chor r4. IOeite C1 469.001 93.98 93.82 S 83'50'09" E 1 11'28'51" C2 530.50 106.31 106.13 5 83'50'09" E 11'28'54" C3 274.50 12 274.91 S 59'31'37" E 60'05'56" IDAHO14WE.WATFRTOWERST. Irl SURVEY McFjDt .,DAHO83042 t208)545�85�0 GROUP, P.C. EXHIBIT 'D" JCB NO. MERIDIAN CITY SEWER & WATER EASEMENTS 06-202-01 PROPOSED EDUCATION CAMPUS SUBDIVISION NO. 2 SHEET N0, PORTIONS OF THE N 1/2 OF THE SW 1/4 SEC. 32, 1 OF 1 T.4N., RAE., B.M., DWG. DATE CITY OF MERIDIAN, AOA CO., IDAHO 02-11-09 LINE TABLE _ LENGTH BEARING 10.64 S 89'34'35" E PIN 11.10 89'34'35' E _5 44.00 � S 89'34'35" E 57.0D S 00'2525" W L5 44.00 N 89'34'35" W L6 57.00 - N 00'25'25" E L7 147.42 S 89'34'35' E L8 32.00 S 89'3435" .E L9 6TD1 S 00'21'20" W DO 12.00 N 89'38'40" W Ltt 196.21 S 00'21'20" W L12 20.00 N 89'38'40" W L13 257.25 N 00'21'20' E L14 S 29'2.8'40" E L15 _32.00 52.00 5 60'31'20" W __...t_1S 32.00 N 29'28'40" W 117 52.00 N 60`31'20" E _; EXHIBIT 'D" JCB NO. MERIDIAN CITY SEWER & WATER EASEMENTS 06-202-01 PROPOSED EDUCATION CAMPUS SUBDIVISION NO. 2 SHEET N0, PORTIONS OF THE N 1/2 OF THE SW 1/4 SEC. 32, 1 OF 1 T.4N., RAE., B.M., DWG. DATE CITY OF MERIDIAN, AOA CO., IDAHO 02-11-09 May 1, 2009 6� CPA 09-001 MERIDIAN CITY COUNCIL MEETING May�7, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 5-F REQUEST Resolution -- Request for a Comp Plan Amendment to change the text of the Comp Plan incorporating the Pathways Master Plan for Pathways Master Plan Text 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: Contacted: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN BY THE CITY COUNCIL: • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4 BOISE IDAHO 10114/09 12:66 PM DEPUTY Usa Ban III IIIIIIIIIIIIIIIIIIIIIIIIIIII II I III RECORDED -REQUEST OF 109117133 city of Meridian RESOLUTION NO. M - CPU a, BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN, AS AN AMENDMENT TO THE MERIDIAN MASTER PATHWAY PLAN AS RECOMMENDED BY THE CITY OF MERIDIAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and 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 Meridian Master Pathway Plan was adopted by the City Council in July 2007; and, WHEREAS, the intent of this Amendment to the Comprehensive Plan is to maintain consistency between the Comprehensive Plan and the Meridian Master Pathway Plan by referencing the Meridian Master Pathway Plan into the Comprehensive Plan. 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 as recommended by the Meridian Planning Department as follows: COMPREHENSIVE PLAN AMENDMENT — MASTER PATHWAY PLAN — TEXT — CPA 09-001 Page 1 of 4 • Page 39, Goal I, Actions: 2. . Implement the Meridian Pathways Master Plan. 4. Develop and maintai Ensure long-term maintenance of greenbelts along waterways either directly y the City Parks and Recreation Department or through partnerships with neighborhood associations, homeowners associations, and other communily groups. Page 54: Replace map and explanation with revised network map from Page 4-3 in the Master Pathways Plan. Page 55: Figure VI -3. On Stfeet Pathways Detached Sidewalks Key Concepts Detached sidewalks will be required along all arterial streets. + Detached sidewalks along all arterial streets will be built to a minimum width of five feet, although seven to ten feet is preferred. The on stmet pathway system is intended te eenneet to and be integrated with the off street pathway syst In addition to creating a safe way for non -motorized users to travel alone roadwav corridors. detached sidewalks are intended to complement and provide links throughout the off-street network described in the Master Pathways Plan. Page 57: In 2007, Meridian City Council adopted the Meridian Pathways Master Plan. The plan proposes the development of aap thway network that identifies a core system ofap thways based on the existing canal system within the City of Meridian. This core system of athways is enhanced by the developer -implemented pathways that will provide connections to and through mann residential areas while creating a larger citywide loop. This system gives community members a wide variety of pathway options throughout the City and to other parts of the metropolitan region. The adopted network map is included as figure VI -2 [Replace existing graphic for Figure VI -21. Please refer to the Meridian Pathways Master Plan for specific alignments,ap thway types, design specifications, detailed network descriptions, etc. [Figure VI -4. On -Street Bikeways, gives a nod to ACHD's "Bicycle Accommodation Policy on ACHD streets." We intentionally left the on-street/commuting network out of the City's COMPREHENSIVE PLAN AMENDMENT — MASTER PATHWAY PLAN — TEXT — CPA 09-001 Page 2 of 4 Pathways Plan in anticipation of ACHD's Roadways to Bikeways Plan, and this map should be replaced with the Roadways to Bikeways network once adopted by ACHD. The City could consider a future text amendment adopting the entire plan by reference. It may be appropriate to request a presentation by ACHD staff to the Parks Commission during the public involvement process.] Pg. 58, under "Facilities": More information about pathways is provided in see fi n -2b o fob s c-haptef-the Pathways Master Plan. Pg. 71: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple - use pathway systems are depicted in the Meridian Pathways Master Plan. New and existing developments should ensure that the network and guidelines laid out in this plan are adopted implemented. Pg. 85: Goal II, Objective A, Action 9: n,.e,, m „ n tte i bray le and „odes.,.:.,., plan for the Cly Implement the City's Pathways Master Plan. Recognize and consider related ACHD plans in land use decisions. Pg. 86: Goal II, Objective B, Action 2 - " Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. Work with new development, ITD, ACHD, COMPASS, Ada County, and other entities to identify partnership opportunities." Pg. 87: Goal III, Objective A, Action 11 - lop Implement the City's Pathways Master Plan . Action 12 - Develop City pathways to connect Meridian with Boise along; the existing rail corridor and in other locations where possible. Pg. 88: Goal IV, Objective A, Action 18 - h -weeds„ e petenfial use of pathways Coordinate with irrigation districts to implement the pro op sedap thway network along irrigation canals. Pg. 112: Goal III, Objective B, Action 3 - Coordinate with irrigation districts to implement the proposed pathway network within existing irrigation easements. 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 2009. COMPREHENSIVE PLAN AMENDMENT— MASTER PATHWAY PLAN — TEXT — CPA 09-001 Page 3 of 4 0 0 APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2009. APPROVED: de Weerd ATTEST: OF \�pFtPOf��O TF '9� By: ayce Holman, City�l SEAL 7 1C6 III fill COMPREHENSIVE PLAN AMENDMENT — MASTER PATHWAY PLAN — TEXT — CPA 09-001 Page 4 of 4 May 1, 2009 CPA 09-002 MERIDIAN CITY COUNCIL MEETING May , 2009 APPLICANT City of Meridian Planning Department ITEM NO. 5-G REQUEST Resolution -- Request for a Comp Plan Amendment to change the text of the Comp Plan to include Linder Road overpass & associated pathways for Linder Road Overpass / Pathway Text Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: @�X CITY ATTORNEY See attached CITY POLICE DEPT: C1 / CITY FIRE DEPT: 0 CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • AOA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 2 BOISE IDAHO 10114/09 12:66 PM DEPUTY Lisa Batt RECORDED—REQUEST OF III IIIIIIIIIIIII�IIIII'lllllllllll II 32 city of Meridian 1091171 CITY OF MERIDIAN RESOLUTION NO. CA - U 6 3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN TO INTEGRATE TEXT FOR A FUTURE LINDER ROAD OVERPASS AND ASSOCIATED PATHWAY, AS RECOMMENDED BY THE CITY OF MERIDIAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and 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 intent of this Amendment to the Comprehensive Plan is integrate text for a future Linder Road Overpass and associate pathways. 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 as recommended by the Meridian Planning Department as follows: Pg. 71 — After last bullet (Eagle Road), add the following: Consistent with the Regional Long Range Transportation Plan, the City of Meridian supports the construction of an overpass at the intersection of Linder Road and Interstate 84. When COMPREHENSIVE PLAN AMENDMENT — LINDER ROAD OVERPASS PATHWAY — TEXT — CPA 09-002 Page 1 of 2 0 0 constructed, this overpass should include an on -street pathway route along the west side of the roadway as it is mostly undeveloped and allows an opportunity for continuation of the on -street route north and south of the interstate through future development. The on -street route should be separated from vehicle travel lanes with a jersey barrier or other appropriate means to substitute for the typical 6-8 foot planting_ buffer. Aside from the planting buffer, this route should be constructed to the specifications in the City's Master Pathway Plan. Pg. 85 — Goal II, Objective A, Action 10: "Identify a City liaison to: Encourage and promote the development of an overpass at the Intersection of Le^����st C*eve Linder Road and I-84 by ACHD. The overpass should accommodate pedestrians as described on page 71. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the 2009. the Mayor of the City of Meridian, Idaho, this 3 day of �4— �` City Council of the City of Meridian, Idaho, this ✓ day of APPROVED by 2009. V9 ATTEST: In Holman, City APPROVED: Mayor Zy de Weerd OF MF-RI40j SEAL 9 9�GST 1ST . 'ZO\•\\_ COMPREHENSIVE PLAN AMENDMENT — LINDER ROAD OVERPASS PATHWAY — TEXT — CPA 09-002 Page 2 of 2 0 May 1, 2009 MERIDIAN CITY COUNCIL MEETING 5", May/ 2009 0 APPLICANT ITEM NO. REQUEST Initial Point Gallery Acceptance Agreement: Refinedi AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 5-H ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this C5 ""day of bA aU , 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation brganized under the laws of the State of Idaho ("City"), and Refinerii, a limited liability company organized under the laws of the State of Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on April 29, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately five (5) free-standing, abstract, metal sculptures. Artist shall be responsible for locating such artwork at the direction of the Gallery Curator; shall allow the display of such artwork in Initial Point Gallery from May 5, 2009 to May 22, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on May 22, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I of 6 request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibit A or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 of 6 0 • of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period specified herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that under this Agreement Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 0 • D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either parry, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and Assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each parry and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: J. Amber Conger Refinerii, LCC P.O. Box 3531 Nampa, Idaho 83653 (208) 861-7515 refinerii@yahoo.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any parry may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 of 6 i 0 WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of i ( , 2009. 10 ARTIST: Wl V J. Amber Conger STATE OF IDAHO ) ss: County of k4',o'— I HEREBY CERTIFY that on this 3C' day of A2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared ,i , known to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. 1N W11N OF, I have hereunto set my hand and affixed my official seal, the day and year In:tlis,�®rt��i 'above written. R Notary Public for Idaho P, Residing Residing ate , Idaho off; 0C ` ���`` My Commission Expires: 3 'a 5 O CITY OF MERIDIAN: Attest: L'ovrvTY . 11 11110N ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 of 6 0 0 May 1, 2009 MERIDIAN CITY COUNCIL MEETING May , 2009 APPLICANT ITEM NO. 5-I REQUEST Interface Agency Agreement with Ada Conty for County Computerized Records AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT O INTERFACE AGENCY AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS I. THIS AGREEMENT is entered into this day of `i 2009, between Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho (hereinafter referred to as ("County"} and City of Meridian (herein after referred to as "Agency' WHEREAS, County agrees to provide Agency with access to and use of those certain computerized records that Ada County Sheriff, Ada County Clerk of the Court and Ada County Assessor, as owner of the records, has authorized; and WHEREAS, Agency agrees to pay all costs associated with being provided such access, and Agency agrees not to access or utilize any of the information obtained from County to violate any federal, state or local law, or to allow anyone else to violate any federal, state or local law. Agency agrees to hold County harmless and indemnify County for any claims, judgments, liabilities or settlements that may arise from any use of information gained by Agency through use of County information. NOW, THEREFORE, it is hereby expressly agreed between the parties as follows. H. DEFINITIONS Term Definition Agency Government entity that has entered into an agreement with County and has received written authorization from County and owner(s) to access certain computerized County records AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page I of 8 Authorized User Agency's users, who have passed the background requirements of their employing agency and who have authorization pursuant to this Agreement to access certain computerized County records. Concurrent License A client access license on a network server that allows a given number of users to access certain computerized County records. Unauthorized Access Access to County's computer records by any unauthorized user, through Agency, its agents, officers, or employees, or through the use of Agency's password. M. ACCESS AND LOGISTICS A. County shall provide Agency with access to the following computerized records stored by the County: LE Lookup, Public Property System, ISTAR's Hosting. B. Agency agrees to pay County two hundred fifty dollars ($250.00) per month for up to 25 users. Agency agrees and understands that the aforementioned fees are not refundable should County or Agency terminate this Agreement C. Agency fully understands that the owners of the records, Ada County Sheriff, Ada County Clerk of the Court and Ada County Assessor, have only authorized access and use of the aforementioned computerized records solely to Agency's Detectives, Police, and Investigators. Agency has no right to access or right to continued access. D. County employees maintain County computer system purely for County purposes. County does not maintain said system for Agency, nor does it maintain staff to aid Agency. E. County simply provides connectivity to certain County computerized records. Agency Authorized Users need to have an established Internet connection or other County authorized method of connection. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 2 of 8 F. If accessing the County Network by utilizing VPN services, tunnels must originate from static IP addresses. Dynamic addresses may cause service outages, since ISP's will renew their EP address pool. IV. A. It is the responsibility of Agency to ensure that unauthorized users are not allowed access to County data. All of the terms and conditions of this Agreement are applicable to each Authorized User employed by or associated with the Agency. B. County reserves the right to conduct an audit of Agency's accessing personnel and verify that the Agency has conducted a background check of all Agency's users prior to the Agency users access to the County's information. If any of Agency's users have not had a background check, County may terminate this Agreement in accordance with Section V. C. While accessing County records, Agency users must not leave their computers unattended. If an Agency user leaves the computer, the computer must be locked either via a screensaver password or screen lock. D. All computers, including personal computers, accessing data from the County system must use the most up-to-date anti-virus software that is the industry standard. E. All computers, including personal computers, accessing data from the County system must be under the oversight and control of the Agency. Agency agrees to designate one Agency employee as the security supervisor for the Agency who will exercise the oversight and control. The Security Supervisor shall supervise staff equipment, and operation of the access to the County system. The Security Supervisor shall be the one point of contact for the County regarding security issues: AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 3 of 8 V. TERMINATION A. County may immediately and permanently discontinue access service to Agency if any violation of this agreement occurs. B. County may permanently discontinue access service to Agency at any time and for any reason. If possible, County will give Agency ten (10) calendar days written notice before discontinuing access. C. County will not be responsible for any inconvenience, loss, or damage sustained by Agency as a result of County's discontinuance or disruption of access services. D. If an Agency's access is discontinued for any reason, Agency must again apply for access. County may deny Agency's application for any reason, including the reason Agency was originally discontinued E. Agency may discontinue access at any time and for any reason, but must provide County with written notice ten (10) business days prior to discontinuation. VI. MISCELLANEOUS PROVISIONS A. Agency shall bear sole responsibility for all costs relating to the equipment owned and used by Agency to access County's system, including purchase, maintenance, and repair costs. County maintains its equipment for County purposes. County will not provide computer expertise to aid Agency. B. Agency bears the sole responsibility for protecting against Unauthorized and/or Damaging Access to County records by Agency. Agency is liable for any damages where access was through Agency, its agents, officers, or employees, or through the use of Agency's password, whether authorized or unauthorized. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 4 of 8 Agency shall bear all costs of restoring all damaged data to its original state as well as any incidental and/or consequential damages or liability that might result directly or indirectly from such access C. Agency agrees that the use of the computer records covered by this Agreement is limited to authorized Agency use and personnel. Agency agrees and understands that it is not authorized and has no right or authority to distribute the computer records to other agencies, personnel within the Agency not covered by this Agreement or any third parties. D. Agency understands the law may be unclear as to records which must be, may be, or should not be released to Agency. Some or all of the information received by the Agency may be private. Divulging or publishing this information may cause harm or an actionable wrong against an individual(s). By requesting, receiving, releasing, and/or publishing this information Agency agrees to indemnify and defend County and anyone employed by County, if any such harm is claimed to be the result, or somehow connected to the release and/or publication of such information. E. Agency agrees to indemnify, defend, and hold harmless County, its officers, agents, and employees from and against any and all liability, loss, damage, cost, and expense, including legal expense (providing and paying for counsel of County's choice), which may accrue or be sustained by County, its officers, agents, or employees as a result or consequence, whether direct or indirect, of any claims, suits, demands, actions, judgments, settlements or forfeiture, including any suit instituted to enforce the obligations of this agreement of indemnity, made or brought by any party against County, its officers, agents, or employees, arising out of or in connection with this Agreement, or, information or computer records accessed, utilized by or released by or through Agency. F. Agency understands and agrees that the County makes no warranties, express or implied, as to the accuracy, validity, availability or correctness of any of the information contained in the computer records. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 5 of 8 G. County's decision to provide access is strictly pursuant to this Agreement, and Agency agrees that remote computer access to County records is not mandated by law. H. This Agreement expires at the end of each County fiscal year on September 30. It may be renewed annually at the option of the County. A completed request for renewal must be received by County no later than the preceding July 1, and all renewal information must be received by County prior to August 31 of the expiration year. I. This Agreement shall be governed and interpreted in accordance with the laws of the State of Idaho. J. In the event of any litigation or any other legal dispute arising under, or as a result of this Agreement between County and Agency, the prevailing parry shall recover its costs and reasonable attorney fees. K. In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect. L. This Agreement may be modified or amended only by a writing duly executed by both the County and the Agency. M. This Agreement embodies the whole agreement of the County and the Agency. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. All previous, or contemporaneous communications, representations, or agreements, either verbal or written, between the parties are superseded by this Agreement. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 6 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board o Ada County Commissioners: By: Fred Tilman, Chairman By: Sharon Ullman, Commissioner BY: Rick Yzaauirre omAissioner ATTEST: dJ'D�avid Navarro, Ada County Clerk AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 7 of 8 By: Lim ACCESS AUTHORIZATION LE Lookup ISTAR's Hosting Dor By: avid Navarro, Ada County Clerk of the Court City of Meridian By: Title Name: (print) STATE OF IDAHO ) } ss. County of Ada ) On this r da of `�`- ZO £, before me, a notary public, personally appeared gyp�t` , cknown ori entified to me to be the person whose name is subscribed to the within ins nt, and acknowledged to me that he executed the same on behalf of Renter. 0 M, " A ljl�' loitary'Ablic for a Commission Expires 1 4 —11 AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 8 of 8 • INTEROFFICE MEMO DATE: 4/30/2009 TO: MAYOR & COUNCIL CC: JEFF LAVEY, STACY KILCHENMANN • FROM: RETA CUNNINGHAM RE: ADA COUNTY DATA ACCESS AGREEMENT - VPN MUBS and the Police Department respectfully requests the following item be placed on the May 5, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Interface Agency Agreement between Ada County and City of Meridian For access to certain county computerized records. MUBS accesses the county records for (Public Property System) name on deeds and date of transfers of property. Police access the county records for LE Lookup (Law Enforcement Lookup) and the ISTAR's Hosting (Trial Court Record System). The cost will be $250 per month split 50/50 between MUBS and Police Department. This cost is actually down from last year, the county charged us $331 month. Recommended Council Action: The Finance and Police Department recommends that City Council approve and signs this Agreement with Ada County. Thank you for your consideration. Please contact me if you have any questions. 0 i AGREEMENT NO. INTERFACE AGENCY AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS I. THIS AGREEMENT is entered into this day of , 2009, between Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho (hereinafter referred to as ("County') and City of Meridian (herein after referred to as "Agency"). WHEREAS, County agrees to provide Agency with access to and use of those certain computerized records that Ada County Sheriff, Ada County Clerk of the Court and Ada County Assessor, as owner of the records, has authorized; and WHEREAS, Agency agrees to pay all costs associated with being provided such access, and Agency agrees not to access or utilize any of the information obtained from County to violate any federal, state or local law, or to allow anyone else to violate any federal, state or local law. Agency agrees to hold County harmless and indemnify County for any claims, judgments, liabilities or settlements that may arise from any use of information gained by Agency through use of County information. NOW, THEREFORE, it is hereby expressly agreed between the parties as follows.- H. ollows: H. DEFINITIONS Term Definition Agency Government entity that has entered into an agreement with County and has received written authorization from County and owner(s) to access certain computerized County records AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 1 of 8 ! 0 Authorized User Agency's users, who have passed the background requirements of their employing agency and who have authorization pursuant to this Agreement to access certain computerized County records. Concurrent License A client access license on a network server that allows a given number of users to access certain computerized County records. Unauthorized Access Access to County's computer records by any unauthorized user, through Agency, its agents, officers, or employees, or through the use of Agency's password. M. ACCESS AND LOGISTICS A. County shall provide Agency with access to the following computerized records stored by the County: LE Lookup, Public Property System, ISTAR's Hosting. B. Agency agrees to pay County two hundred fifty dollars ($250.00) per month for up to 25 users. Agency agrees and understands that the aforementioned fees are not refundable should County or Agency terminate this Agreement C. Agency fully understands that the owners of the records, Ada County Sheriff, Ada County Clerk of the Court and Ada County Assessor, have only authorized access and use of the aforementioned computerized records solely to Agency's Detectives, Police, and Investigators. Agency has no right to access or right to continued access. D. County employees maintain County computer system purely for County purposes. County does not maintain said system for Agency, nor does it maintain staff to aid Agency. E. County simply provides connectivity to certain County computerized records. Agency Authorized Users need to have an established Internet connection or other County authorized method of connection. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 2 of 8 0 0 F. If accessing the County Network by utilizing VPN services, tunnels must originate from static IP addresses. Dynamic addresses may cause service outages, since ISP's will renew their IP address pool. IV. SECURITY A. It is the responsibility of Agency to ensure that unauthorized users are not allowed access to County data.. All of the terms and conditions of this Agreement are applicable to each Authorized User employed by or associated with the Agency. B. County reserves the right to conduct an audit of Agency's accessing personnel and verify that the Agency has conducted a background check of all Agency's users prior to the Agency users access to the County's information. If any of Agency's users have not had a background check, County may terminate this Agreement in accordance with Section V. C. While accessing County records, Agency users must not leave their computers unattended. If an Agency user leaves the computer, the computer must be locked either via a screensaver password or screen lock. D. All computers, including personal computers, accessing data from the County system must use the most up-to-date anti-virus software that is the industry standard. E. All computers, including personal computers, accessing data from the County system must be under the oversight and control of the Agency. Agency agrees to designate one Agency employee as the security supervisor for the Agency who will exercise the oversight and control. The Security Supervisor shall supervise staff equipment, and operation of the access to the County system The Security Supervisor shall be the one point of contact for the County regarding security issues AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 3 of 8 • • V. TERMINATION A. County may immediately and permanently discontinue access service to Agency if any violation of this agreement occurs. B. County may permanently discontinue access service to Agency at any time and for any reason. If possible, County will give Agency ten (10) calendar days written notice before discontinuing access. C. County will not be responsible for any inconvenience, loss, or damage sustained by Agency as a result of County's discontinuance or disruption of access services. D. If an Agency's access is discontinued for any reason, Agency must again apply for access. County may deny Agency's application for any reason, including the reason Agency was originally discontinued. E. Agency may discontinue access at any time and for any reason, but must provide County with written notice ten (10) business days prior to discontinuation. 0A 0 MISCELLANEOUS PROVISIONS A. Agency shall bear sole responsibility for all costs relaxing to the equipment owned and used by Agency to access County's system, including purchase, maintenance, and repair costs. County maintains its equipment for County purposes. County will not provide computer expertise to aid Agency. B. Agency bears the sole responsibility for protecting against Unauthorized and/or Damaging Access to County records by Agency. Agency is liable for any damages where access was through Agency, its agents, officers, or employees, or through the use of Agency's password, whether authorized or unauthorized. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 4 of 8 • • Agency shall bear all costs of restoring all damaged data to its original state as well as any incidental and/or consequential damages or liability that might result directly or indirectly from such access C. Agency agrees that the use of the computer records covered by this Agreement is limited to authorized Agency use and personnel. Agency agrees and understands that it is not authorized and has no right or authority to distribute the computer records to other agencies, personnel within the Agency not covered by this Agreement; or any third parties. D. Agency understands the law may be unclear as to records which must be, may be, or should not be released to Agency. Some or all of the information received by the Agency may be private. Divulging or publishing this information may cause harm or an actionable wrong against an individual(s). By requesting, receiving, releasing, and/or publishing this information Agency agrees to indemnify and defend County and anyone employed by County, if any such harm is claimed to be the result, or somehow connected to the release and/or publication of such information. E. Agency agrees to indemnify, defend, and hold harmless County, its officers, agents, and employees from and against any and all liability, loss, damage, cost, and expense, including legal expense (providing and paying for counsel of County's choice), which may accrue or be sustained by County, its officers, agents, or employees as a result or consequence, whether direct or indirect, of any claims, suits, demands, actions, judgments, settlements or forfeiture, including any suit instituted to enforce the obligations of this agreement of indemnity, made or brought by any party against County, its officers, agents, or employees, arising out of or in connection with this Agreement, or, information or computer records accessed, utilized by or released by or through Agency. F. Agency understands and agrees that the County makes no warranties, express or implied, as to the accuracy, validity, availability or correctness of any of the information contained in the computer records. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 5 of 8 G. County's decision to provide access is strictly pursuant to this Agreement; and Agency agrees that remote computer access to County records is not mandated by law. H. This Agreement expires at the end of each County fiscal year on September 30. It may be renewed annually at the option of the County. A completed request for renewal must be received by County no later than the preceding July 1, and all renewal information must be received by County prior to August 31 of the expiration year. I. This Agreement shall be governed and interpreted in accordance with the laws of the State of Idaho. J. In the event of any litigation or any other legal dispute arising under, or as a result of this Agreement between County and Agency, the prevailing party shall recover its costs and reasonable attorney fees. K. In the event any provision or section of this Agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and shall be carried into effect. L. This Agreement may be modified or amended only by a writing duly executed by both the County and the Agency. M. This Agreement embodies the whole agreement of the County and the Agency. There are no promises, terms, conditions, or obligations other than those contained in this Agreement. All previous, or contemporaneous communications, representations, or agreements, either verbal or written, between the parties are superseded by this Agreement. AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 6 of 8 • 0 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners: Fred Tilman, Chairman By: Sharon Ullman, Commissioner By: Rick Yzaauirre, Commissioner ATTEST: J. David Navarro, Ada. County Clerk AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 7 of 8 • STATE OF IDAHO ) ss. County of Ada ) ACCESS AUTHORIZATION LE Lookup ub-7 Gary Raney, Ada, County Sheriff Public Property System By: Robert H. McQuade, Ada County Assessor ISTAR's Hosting By: J. David Navarro, Ada. County Clerk of the Court City of Meridian By: Title Name: (print) On this day of , 20____, before me, a notary public, personally appeared known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of Renter. Notary Public for Commission Expires AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS - Page 8 of 8 9 0 May 1, 2009 MERIDIAN CITY COUNCIL MEETING May 9, 2009 APPLICANT ITEM NO. 5-J REQUEST Request to Rescind Previously Approved ACHD Change Orders 3,5 & 7 in the Amount of $12,729.50 and Approve City of Meridian Change Order No. 1 for $8,332.00 for Main Street / Meridian Road Split Corridor Phase 1 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. CITY OF MERIDIAN 33 EAST BROADWAY AVENUE MERIDIAN, ID 83682 cbmwavdirmw f Pr4geCt Nunlns: 06698 Dam SM12009 Ermagme DaW SM12009 CONTRACT CHANGE ORDER EPRO=JECT. ADA COUNTY HIGHWAY DISTRICT ACRD - MAO11 STREET -SPOT CORRIDOR -PHASE 1 Co�cr Is Icy dratted 10 made go g 0munjes fram the Contad Dem and Fbm 1wdweesiormpow4mews.: Net Daps allamp form PWAM C.O: s: g to M. Q to Q $0.00 W4 Prioe P��� c o.: Cont Compteket ► DbdoMtMs C.O.: N (decrease) of ff is C.O.: MewM ee ApFund c o.Ir Daps Uwe (dearer) of i!b C.O.: 0efe,f,e9C.0--w L OMMENDED., ACCEPTED AM Cou h/ MMW DMdd Jdm I 4�tlru W. KOM Waft Date:®Cy `.. ROVED: pm N&r Tarrany de Viewd Cbw FIoAr 09 I'S* 1140 0 :7 April 24, 2009 MEMORANDUM To: Jaycee Holman; Tara Green From: John Boyd, Engineering Technician II jboyd@meridiancity.org Meridian Public Works Department 33 E. Broadway Avenue, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, Kyle Radek, Scott Steckline, Tom Barry, Karie Glenn Re: Proposed Agenda Item for May e, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the May 5t', 2009 City Council Agenda, under Consent Agenda, for Council's consideration: Approve the City of Meridian Change Order #1 The City Council approved a previous request for ACHD Change Orders 3, 5 and 7 for the Main Street/Meridian Road — Split Corridor Phase 1 on March 24, 2009 for the amount of $12,729.50. These were actually Nampa Paving Change Order Requests to ACHD and not official ACHD Change Orders to the City. The Change Orders that were acted upon and approved have since been administratively altered by ACRD. The changes will save the City approximately $122.50 in Contractual Administrative Fees. It is expected that ACHD will present a final Change Order at project completion which will consist of increases/decreases to the contract from actual quantity differences and will be presented to Council for approval as a final Change Order to the project. We have since created the attached City of Meridian Change Order No. 1 to replace the previously approved change orders and to make the paperwork easier to follow and understand. Future Change Orders presented to the City Council will follow this process. Recommended Action: This request is for City Council to rescind the previously approved Change Orders 3, 5 and 7 in the amount of $12,729.50 and approve the City of Meridian Change Order No.1 for $8,332.00. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 a r l CITY OF MERIDIAN Change Order No.: 1 33 EAST BROADWAY AVENUE Project Number: 0669B MERIDIAN, ID 83642 Date: 4/23/2009 Effective Date: 4/23/2009 CONTRACT CHANGE ORDER CONTRACTOR: ADA COUNTY HIGHWAY DISTRICT PROJECT: MAIN STREET - SPLIT CORRIDOR - PHASE 1 The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption and reason for Change Order: This City of Meridian Change Order No. 1 consists of ACHD Change Orders (CO) 4 & 5 which incorporate modifications to Nampa Paving Change Orders 3, 5 & 7. Outlined as follows: 1) Originally approved ACHD/Nampa Paving CO #3 - To be submitted as an adjustment of quantities. $0.00 2) Adds a fire hydrant and H20/Sewer services at the Dairy Barn area.($2,550 Reimbursable) Originally approved as ACHD/Nampa Paving CO #5 - 2 Items will be submitted as an adjustment of quantities. $6,927.50 3) Added a Sewer service for Redlin Studios (100% Reimbursable - PAID) Originally Approved as ACHD/Nampa Paving CO#7 $1,404.50 Attachments: 1) ACHD Change Order #4 2) ACHD Change Order #5 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Completion Date: N/A $115,921.47 Original Contract Completion Days: N/A Net changes from previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $0.00 N/A Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: N/A $115,921.47 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: N/A $8,332.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: N/A $124,253.47 RECOMMENDED: (PROJECT MANAGER) APPROVED: (CITY PURCHASING AGENT) By: John Boyd By: Keith Watts Date: 4/30/2009 Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 0 . May 1, 2009 MERIDIAN CITY COUNCIL MEETING May , 2009 APPLICANT ITEM NO. 5-K REQUEST Memorandum of Understanding with Meridian HUB, LLC for Idaho Power Easement in Centennial Park AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefings shall become property of the City of Meridian. 0 . MEMORANDUM OF UNDERSTANDING REGARDING THE CITY COUNCIL APPROVAL OF THE IDAHO POWER EASEMENT IN CENTENNIAL PARK BETWEEN MERIDIAN HUB, LLC / LI I THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 'PISI�N day of April, 2009, by and between Meridian Hub, LLC (Meridian Hub, LLC) and The City of Meridian, Idaho (City), to establish a mutual understanding the conditions of approval of an Idaho Power Easement in Meridian's Centennial Park. WHEREAS, Meridian Hub, LLC is developing a commercial and retail project known as "The Hub" on the property south of Centennial Park in downtown Meridian; and WHEREAS, current and future development in the area of Centennial Park requires the installation of underground utilities and the locating of sector and transformer boxes; and WHEREAS, Meridian Hub, LLC and Idaho Power have proposed to locate the sector and transformer boxes in an area of Centennial Park adjacent to the alley; and WHEREAS, Meridian Hub, LLC has entered into an Early Entry Agreement with the Meridian Development Corporation to receive reimbursement for expenses incurred in the relocation of the utilities associated with the Project; and MEMORANDUM OF UNDERSTANDING - 1 of 4 0 WHEREAS, in order to accommodate the location of the sector and transformer boxes in Centennial Park, Idaho Power has prepared utility easement for execution by the City of Meridian as Grantor; and WHEREAS, the location of the sector and transformer boxes in Centennial Park reduces the usable area in the park; and WHEREAS, The Meridian City Council considered the Idaho Power easement at their regularly scheduled meeting of December 16, 2008 and placed certain conditions on the approval of the Idaho Power easement; and WHEREAS, the conditions of approval for the Idaho Power easement are to be fulfilled by Meridian Hub, LLC. NOW, THEREFORE, the parties hereby agree as follows: 1. City agrees to immediately execute the Idaho Power Utility easement in Centennial Park, a copy of which is attached to this MOU and incorporated herein by this reference. 2. Meridian Hub, LLC, at no expense to City, agrees to provide or make necessary arrangements to provide all labor and materials necessary to remove the power pole behind the building formerly occupied by the Boys and Girls Club and re - feed power to the building underground. 3. Meridian Hub, LLC agrees to construct a split block CMU enclosure five feet in height around the sector and transformer boxes. The design and construction of the enclosure shall be consistent with the drawing provided by Johnson Architects, attached to this MOU as an exhibit and incorporated herein. 4. Meridian Hub, LLC agrees to apply a clear anti -graffiti coating to the split face block according to specifications approved in writing by the City's Department of Parks and Recreation. 5. Meridian Hub, LLC agrees to install screening -type landscaping materials on the west, north, and east side of the block enclosure according to a landscape plan as approved in writing by the City's Department of Parks and Recreation. 6. Meridian Hub, LLC agrees to make best efforts to communicate with ESI the City's desire to add piping to the electrical ditch to allow for future landscape water. The labor and irrigation piping will be provided by City, through its Parks Department. 7. Meridian Hub, LLC's obligations under this agreement shall be fulfilled concurrently with the Hub development. MEMORANDUM OF UNDERSTANDING - 2 of 4 • 0 8. In the event that Meridian Hub, LLC fails to fulfill its obligations under this agreement, City reserves the right to utilize any available legal remedy, including actions for damages or specific performance. 9. If a suit, action, or other proceeding arising out of or related to this MOU is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. For the purpose of this section, "attorney fees" shall mean and include (i) attorney fees and (ii) paralegal fees. This section shall survive and remain enforceable notwithstanding any rescission of this MOU or a determination by a court of competent jurisdiction that all or any portion of the remainder of this MOU is void, illegal, or against public policy. 10. This MOU shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 11. Time is of the essence with respect to the obligations to be performed under this MOU 12. Except as expressly provided in this MOU, and to the extent permitted by law, any remedies described in this MOU are cumulative and not alternative to any other remedies available at law or in equity. 13.The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this MOU shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 14. Subject to any express provisions in this MOU regarding restrictions on transfers or assignments, this MOU shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. 15.The city will own and maintain the enclosure. Meridian Hub, LLC through their contractor will provide a one year warranty on the construction of the enclosure. MEMORANDUM OF UNDERSTANDING - 3 of 4 0 0 IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. Meridian Hub, LLC. ByA� Mike McCabe, Manager q% 2 j® CITY OF MERIDIAN, IDAHO By: Tammy de We d, Mayor Attest: ,.��' Of- MERE®® aycee . Holman, City Clerk 90 �'sr�s�•1 .-0 MEMORANDUM OF UNDERSTANDING - 4 of 4 • I For County Recorder's Use Only i Easement ---Organization mK„� dl alp, �,n..�: a� ( C o rpor°Grantor(s)”, of AVa County, State of —:1:7Qoho , do hereby grant and convey to IDAHO POWER COMPANY, a Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho, 83702 (P.O. Box 70, Boise, ID 83707), its licensees, successors, and assigns, (collectively, "Grantee"), for One Dollar and other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, a permanent and perpetual easement and right of way, at all times sufficient in width for the installation, erection, continued operation, maintenance, repair, alteration, inspection and/or replacement of the following: Underground Facilities: Underground electrical power line or lines and related facilities and equipment, generally including, but not limited to, buried power lines and wires, above -ground pad -mounted transformers, junction boxes, cables, conduits, other equipment, and all related appurtenances, any of which may extend above ground, in certain locations to be determined by Grantee at Grantee's sole and absolute discretion (all of the above collectively being referred to as the "Facilities") together with the right to permit the attachment and/or use or placement of the wires, fixtures, cables and conduits of other companies or parties (all of the same being included within the definition of "Facilities"), on, over, through, under, and across the following premises belonging to Grantor(s) in AA.. County, State of =r—,Aaka , in the location described below; Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and complete use, occupation, and enjoyment of the easement hereby granted, and together with all rights and privileges incident thereto, including, but not limited to, (i) the right, at Grantee's expense, to excavate and refill ditches and trenches for the location of the Facilities, (ii) the right, at Grantee's expense, to cut, trim, and remove trees, brush, bushes, sod, flowers, shrubbery, overhanging branches and other obstructions and improvements which may injure or interfere with Grantee's use, occupation, or enjoyment of this easement, and (iii) the right, at Grantee's expense, to install, construct, operate, inspect, alter, maintain, replace, improve and repair any and all aspects of Grantee's Facilities over, through, under and across the lands subject to this easement. spy The location of the easement and right of way granted herein is described as follows: Sem- Keevu-t- Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through excavations, grading, installation of berms, or other activities without the prior written approval of Grantee. Grantor shall not place nor build any structure(s) within the easement area except fences and except as otherwise approved by Grantee in writing. This Easement shall run with the land and be binding upon the parties' successors and assigns. Executed and delivered this day of Checked by _ Work Order # Signa e(s) of Grantor(s) (Include ' e where applicable): MTaw.rl d.- Were -CA ROW 033 (9/07) Page 1 of 2 • • Person Acknowledging Instrument Unknown To gg Notary But Proven To Be The Signer By Satisfactory identification STATE OF 1 d SkO COUNTY OF Ad � SS. On thisf ` 5 day of M� , 200, before me (Notary's Name) a notary public, personally appeared and (Individual(s) Name) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. (NOTARY SEAL) ROW 033 (9/07) Page 2 of 2 ill, clffj4q-(;� Notary Public My Commission Expires on RENNIS ON FOD►REA, nvc. ENGINEERS - SURVEYORS • PLANNERS Date: 12/8/2008 Exhibit "A" Power Line Easement Project No.: 2298 Apower line easement located in the NEI/4 of the SWl/4 of Section 7, T. 3 N., R 1 E., B.M., City of Meddian, Ada County, Idaho being a portion of Lots 4 and 5, Block 2, Amended Plat of Rowan Addition, Book 2, page 52, plat records of said Ada County being more particularly deserted as follows: Commencing at a found brass CV monument maddng the point of intersection of the centerline of East Idaho Avenue and the centediae of East Sewed Street; Thence a bearing of S 88°43' 11" E, a distance of 384.28 feet on said centerline of East Idaho Avenue to a found 1/2 inch iron pin maddng.the point of ikon of the dine of East Third Street and said centerline of East Idaho Avenue; Thence a bearing of S 01'21'55" W, a distance of 160.11 feet on said centerline of East Third Street to a point; Thence a bearing ofN 88°42'40" W, a distance of 156.85 fed on the south boundary of Lois 1 through 4 of said Block 2, Amended Plat of Rowan Addition and the easiedy extension thereof to a point on the south boundary of said Lot 4, Block 2, Amended Plat of Rowan Addition being the TRUE POINT OF MANNING Thence a bearing ofN 88°42°40" W, a distance of 23.14 feet on the south boundary of said Lots 4 and 5, Block 2, Amended Plat ofRowan Addition to apoimt; Thence abearing ofN 00°39'55" E, a distance of 9.00 feet to a point; Thence a bearing of S 88°42'40" E, a distance of 23.24 feet to a point; Tbesc e a bearing of S 01 °17'24' W, a distance of 9.00 feet to the POINT OF BEGINNING. Said easement contains 208.75 sq. $- more or leas. 430 E. STATE ST_, SUITE 140, EAGLE, IDAHO 83616 j F", 208-938-2440 m 208.938-2441 1 RENNISONFODREA.COM EAGLE - CASCADE I j TOW97E* OF mDzIDIAN I I BOOK 1. PACS' 30 t� I S0026 52'W 120.09' � 30 1 _ 30'GI 30"GI ya _—_ ~co � z I R Ho z 8' b CID -----�--� i I"_"` _ _ —b. — -- •o-----1 � ! opo C o o a' 8' I es ► la o a p C� IS ml _ 5012155"W 120.10' I `—^��-- 40' I �$ X 7'HJRlw STR�'�'T o M� 01 X1'55"E 176.11' ' — S012155"W 160.11' 0 0 May 1, 2009 MERIDIAN CITY COUNCIL MEETING May 9, 2009 APPLICANT ITEM NO. S -L REQUEST Approve 2010 Renewal of Beer & Wine License for Costa Vida Restaurant located at 3340 N. Eagle Road Meridian Idaho 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 0 May 1, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING May 9, 2009 APPLICANT Planning Department ITEM NO. 6-A-1 REQUEST Recommended Use of Idaho Power Donated Monev 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 May 1, 2009 MERIDIAN CITY COUNCIL MEETING May 9, 2009 APPLICANT Parks Department REQUEST Discussion of Heroes Park Easements 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 Date: 0 Department Reports ITEM NO. 6-B-1 Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARi� 5 BOISE IDAHO 06101/04 03:24 PM DEPUTY Bonnie Oberbillig RECORDED—REQUEST OF Ade County EOgbv ay Dist 104068411 AMOUNT .00 RE-RECORD INSTRUMENT #104062668 TO CORRECT SECTION 1.4 ADA COUNTY RECORDER J. DAVID NAVARRO 4 BOISE IDAHO 05/20104 02,39 PM DEPUTY Bonnie Oberbil0g RECORDED -REQUEST OF Ada County Highway Dist AMOUNT 101962668 .00 MASTER PERPETUAL STORM WATER DRAINAGE EASEMENT This Master Perpetual Storm Water Drainage Easement ("Master Easement") shall be appurtenant to and run with certain subdivisions of land in Ada County, Idaho. When this Master Easement is incorporated by reference to its recorded Instrument Number in a recorded subdivision plat or other instrument affecting land, the owner(s) of the subdivision or land and their successors and assigns in interest shall be bound by all of the provisions set forth in this Master Easement. This Master Easement is made, entered into and effective as of the date of the recording of the final plat by and between the owner(s) of the subdivision (hereinafter "Grantor') and Ada County Highway District, a body politic and corporate of the State of Idaho (hereinafter .`ACRD"). WITNESSETH: Section 1. Recitals. 1.1 ACHD is organized as a single county -wide highway district pursuant to Title 40, Chapters 13 and 14, Idaho Code; and owns the public rights-of-way in Ada County, pursuant to Section 40-2302 Idaho Code, except those public rights-of-way under the jurisdiction of the State of Idaho; 1.2 ACRD has exclusive general supervisory authority over all public highways, public streets, and public rights-of-way in Ada County, except State highways, with full power to establish use standards and to control access to said public highways, public streets, and public rights-of-way pursuant to Section 40-1310 Idaho Code, and has jurisdiction over ditches, culverts, and any flooding in or over the public rights-of-way pursuant to Sections 40-2321, 40- 2322,40-2323 Idaho Code; 1.3 Grantor owns a parcel of real property located in Ada County, Idaho, a portion of which is more particularly described and depicted on the final plat of the subdivision (the "Servient Estate"} that references this Master Easement; 1.4 Grantor is developing a subdivision, and in order to safely remove storm water from the local and/or collector streets dedicated to ACHD upon recording of the plat of said subdivision (such local and/or collector streets are hereinafter referred to as the "Dominant Estate") Grantor has agreed to construct and install a storm water drainage facility on the Servient Estate along with associated underground storm water drain lines from the Dominant Estate into the storm water drainage facility (the facility and lines are hereinafter referred to as the "Storm Water Drainage System"); 1.5 It is the intent of ACHD and Grantor to simplify the process of negotiating separate agreements for each Storm Water Drainage System and to confirm the understanding between the parties with respect to ACHD's and Grantor's respective requirements for such Storm Water Drainage Systems, all consistent with the parties' respective rights and obligations under Idaho law; and i 0 1.6. After construction and installation of the Storm Water Drainage System it shall become a dedicated part of ACHD's highway system pursuant to Section 40-2302 Idaho Code. ACHD's acceptance of the final subdivision plat shall be deemed its acceptance and confirmation of the dedication pursuant to Section 40-2302 Idaho Code. To formalize such transfer and dedication ACRD desires to obtain this Master Easement from Grantor, and on the terns and conditions hereinafter set forth the Grantor is willing to grant such Master Easement to ACRD. Section 2. Grant of Easement. 2.1 For the period and on the terms and conditions hereinafter set forth, for the benefit of the Dominant Estate, Grantor hereby grants to ACHD an easement free and clear of encumbrances on and under the Servient Estate for the Storm Water Drainage System and for the passage and retention of storm water from the Dominant Estate to, into, on, under, over and across the Servient Estate in the Storm Water Drainage System, and for the repair and maintenance, reconstruction and enhancement of the same (hereafter "Authorized Use"). Enhancement means any construction, modifications or improvements to the Storm Water Drainage System, including, but not limited to, work on the storm water drainage facility, drain lines, catch basins, drop inlets, street gutters, and conduit systems constructed to manage storm water flows, surface and groundwater quality and to provide erosion and sedimentation control so as to comply with the requirements of federal, state and local laws and ordinances. 2.2 The Easement herein granted is exclusive to ACRD and only ACID or its authorized representative is permitted to conduct an Authorized Use on or under the Servient Estate. Furthermore, the exclusivity of the easement precludes the granting of any additional easements for the Servient Estate. No structures, fences or other improvements are to be constructed, or landscaping planted (other than grass), nor any other use or encroachment shall be permitted on the Servient Estate by Grantor or Grantor's successors or assigns to the underlying title thereto, without the prior written consent of ACRD. Such consent will not be given it in its sole discretion, ACRD determines the proposed improvement and/or landscaping and/or use may interfere with ACHD's Authorized Use of the Servient Estate. When such consent is given, (i) Grantor has the sole responsibility to maintain and repair such improvements, including irrigation of landscaping, and (ii) if any structures, fences, landscaping or other improvements constructed or planted on the Servient Estate must be removed in order for ACRD to perform its obligations to repair and maintain the Storm Water Drainage System, the costs of removal and replacement or restoration of the same shall be the sole obligation of Grantor, and (iii) in any use of the Storm Water Drainage System by Grantor, Grantor shall not allow the presence, use, generation, release, discharge, storage or disposal in, on or under the Servient Estate of any hazardous materials. Hazardous Material is defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar tend, by any applicable federal, state or local law. Section 3. Construction: Acceptance: repair and Maintenance-, Grantor Indemnification• Contractor warranties. 3.1 At Grantor's sole cost and expense, Grantor shall construct and install the Storm Water Drainage System on the Servient Estate in accordance with designs, plans and 0 • specifications approved by ACRD in advance and in writing, and in compliance with all applicable statutes, ACRD policies and standards, and good engineering practices. During construction Grantor shall give ACHD reasonable notice and opportunity to inspect the same. 3.2 When, by written notice given Grantor, ACHD accepts the Storm Water Drainage System as constructed and installed by Grantor on the Servient Estate, ACRD shall maintain and repair the same thereafter, at its sole cost and expense. 3.3 Grantor shall enforce for the benefit of ACRD any warranties contained in the contract for the construction and installation of the Storm Water Drainage System. Section 4. indemnification. 4.1 Grantor shall indemnify and save and hold harmless ACRD, its Commissioners and employees, from and against all claims, actions, judgments and expenses (including, without limitation, reasonable attorneys' fees incurred by ACHD in defense thereof) for damages, injury or death caused by or arising out of Grantor's construction and installation of the Storm Water Drainage System.. In addition, if ACRD consents to improvements and/or landscaping and/or Grantor's proposed use under Section 2.2, Grantor shall indemnify and save and hold harmless ACRD, its Commissioners and employees, from and against all claims, actions or judgments for damages, injury or death, caused by or arising out of Grantor's activities, including the use of the same, the construction, installation, maintenance and repair of improvements and/or landscaping and/or Grantor's failure to comply with applicable federal, state and local laws. 4.2 Grantor shall indemnify and hold harmless ACRD from and against any and all claims for lien's or liens arising out of Grantor's construction and installation of the Storm Water Drainage System on the Servient Estate. 4.3 Following its acceptance of the Storm Water Drainage System as constructed and installed by Grantor, subject to the provisions of, and limits of liability set forth in the Idaho Tort Claims Act, ACRD shall indemnify and hold harmless Grantor from and against all claims, actions or judgments for damages, injury or death caused by or arising out of its use of the same, or its failure or neglect to maintain and repair the Storm Water Drainage System. Section 5. Term. The term of this Master Easement is perpetual. Section 6. Relinquishment. ACRD may relinquish its rights under this Master Agreement at its sole discretion and only in writing. Section 7. Covenants Run with the Land. Throughout the term of this Master Easement, it shall be a burden upon the Servient Estate and shall be appurtenant to and for the benefit of the Dominant Estate, and shall run with the land. Section 8. Attome�s Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Master Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. Section 9. Successors and Assigns. This Master Easement and the covenants and agreements 0 made herein shall inure to the benefit of, and be binding upon, ACHD and Grantor, and Grantor's successors and assigns to the Servient Estate. Section 10. Notices. All notices given pursuant to this Master Easement shall be in writing and shall be given by personal delivery, by United States Mail Certified, Return Receipt Requested, or other established express delivery service (such as Federal Express), postage or delivery charge prepaid. Section 11. Confirmation Agreement Grantor shall execute a Confirmation Agreement with ACHD acknowledging and affirming that Grantor is bound by the terms and provisions of this Master Easement and that this Master Easement is appurtenant to and runs with the land in benefit of the Storm Water Drainage System identified and depicted on the Grantor's recorded final plat of the subdivision. Section 12. Recordation. This Master Easement shall be recorded in the Real Property Records of Ada County, Idaho. Grantor covenants to ACHD that it shall enjoy the quiet and peaceful possession of the Easement on the Servient Estate; and (b) Grantor warrants to the ACRD that Grantor has the right and authority to grant this Master Easkitdent CHD randen Board of Commissioners Ada County Highway District STATE OF IDAHO ) ss. County of Ada ) On this ft�day of rY4 20044, before me, Sus,n Notary Public in and for the State o Idaho, personally appeared John S. FrandenTmown or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, the person who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my and affixed my official seal the day andove written. � gLA VO$ •p}�' r� 9, Notary Public for Idaho Residing at: a3M� `A " J -a �s� My commission expires: 4 _g - Z Cb `j s � • r� �J ENGINEERS • SURVEYORS - PLANNERS Date: 2/9/09 Exhibit "A" Pathway Easement E Project No.: 2411 A pathway easement located in the SW1/4 of the NW1/4 of Section 26, T. 4 N., R.1 W., B.M., Ada County, Idaho, being the northerly 25 feet of a parcel of land described by Quitclaim Deed Inst. No. 341397, deed records of said Ada County, being more particularly described as follows: Commencing at west 1/4 comer of said Section 26, a found 5/8 inch rebar, C.P.&F., Inst No. 99113293, comer records of said Ada County; Thence a bearing of N 00°20'42" E, a distance of 957.99 feet, on the west boundary of said Section 26, to a found 5/8 inch rebar, being the southwest comer of Silverleaf Subdivision No. 1, Book 93, pages 11103-11105, plat records of said Ada County, and the northwest comer of said parcel of land described by Quitclaim Deed Inst No. 341397, deed records of said Ada County; Thence a bearing of S 89°08'38" E, a distance of 25.00 feet, on the south boundary of said Silverleaf Subdivision No. 1, to a point on the east right- of-way boundary of North Ten Mile Road, being the TRUE POINT OF BEGINNING of said easement Thence a bearing of S 89°08'38" E, a distance of 268.30 feet, on said south boundary of Silverleaf Subdivision No. 1, to a found 5/8 inch rebar, being the northeast corner of said parcel of land described by Quitclaim Deed. Inst No. 341397; Thence a bearing of S 00°20'25" W, a distance of 25.00 feet, on the east boundary of said parcel of land described by Quitclaim Deed Inst No. 341397, to a point; Thence a bearing of N 89°08'38" W, a distance of 268.31 feet, to a point on said east right-of-way boundary of North Ten Mile Road, Thence a bearing of N 00°20'54" E, a distance of 25.00 feet, on said east right-of-way boundary of North Ten We Road, to the POINT OF BEGINNING. Said described easement contains 0.15 acres, more or less. Prepared by Rennison Fodrea, Inc. 430 E. STATE ST., SUITE 140, EAGLE, IDAHO 83616 1 PH: 208-938-2440 vx 208-938-2441 1 RENNISONFODREA.COM EAGLE • CASCADE �9I0I 3.04,OZ.00N �w F d Z a ,96ZLZ M.49,OZ.00S ' _ _,96'L6Z ,66 L66 — — — PWW MAW Wdu VJMW 0 Cr+fSNV' 4 E CCCCC=55555 5 N S^ o ° Nz � b N �p mm v S m 2 N pt y Oas ;TO y .� 111^iii��� I��1r �1 o i May 1, 2009 MERIDIAN CITY COUNCIL MEETING May , 2009 11 r APPLICANT ITEM NO. S REQUEST Ordinance No. 09-1404: Reimbursement Code (3rd of 3 Readings) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Tara Green From: Bill Nary Sent: Tuesday, April 28, 2009 4:43 PM To: Jaycee Holman; Tara Green Cc: Bruce Freckleton; Tom Barry; Emily Kane Subject: 2009 REIMBURSEMENT AGREEMENTS BN FINAL third reading.5-5-09.doc Attachments: 2009 REIMBURSEMENT AGREEMENTS BN FINAL third reading.5-5-09.doc Here is the final ordinance for 3rd reading on the 5th. I have made the changes as Bruce requested. 5/1/2009 0 0 CITY OF MERIDIAN ORDINANCE NO. OG s t404 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, REPEALING TITLE 9, CHAPTER 1, SECTION 13 AND TITLE 9, CHAPTER 4, SECTION 19 OF THE MERIDIAN CITY CODE, RELATING TO COOPERATIVE AND/OR REIMBURSEMENT AGREEMENTS; ENACTING A NEW SECTION, TITLE 8, CHAPTER 6, SECTION 2, RELATING TO REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS; AND PROVIDNG AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that as to particular areas within the City, it is in the best interest of the City of Meridian to encourage and incentivize the installation of public works infrastructure that will serve future growth as well as the instant development; WHEREAS the establishment of eligibility criteria and standards under which the City and/or a private developer may enter into and implement an agreement to reimburse such developer for the enhanced portion of the infrastructure installed and will standardize such agreements and facilitate the smooth transition of such infrastructure to City ownership; and WHEREAS the calculation, recording, and recoupment of value inuring to developments that later utilize enhanced infrastructure will clarify the respective roles of beneficiary developments and the City in the context of infrastructure planning; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 9, Chapter 1, Section 13, of the Meridian City Code is hereby repealed: REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 1 OF 15 Y. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 1 OF 15 0 • r i���� a�-ia���f �.Q� �x.,aa�ei.��r��si�ay.�2�i ni v:/:�oa:.:♦::;.����:Ti�:i i%e:�n - 1 I _ ZIP: MM S. Reeeive pr-eliraimff plat approval from eity eouneil for- the developmei# te be sefved b .. aaavu the developer- vaVrva .wvaio av• o o , _"J 0 ,4) adminis#atWe fee against th amount V 1V LilJKV1V LV LLiV ' n pa�qneat ef the r-eftnbumement payments made to the water- user- so ex4ending & a the wat REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 2 OF 15 Y. _ Iftwiv, m-pWIT.Irwaym MEMO Mop mml REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 3 OF 15 Y. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 3 OF 15 U _ 1�� • 1! _�� _.Y _�pmalIN102mmIN � I_! _ ■ �� . 1. 1. WAK1.1mI. Section 2. That Title 9, Chapter 4, Section 19, of the Meridian City Code is hereby repealed: 4a - REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 4 OF 15 Section 2. That Title 9, Chapter 4, Section 19, of the Meridian City Code is hereby repealed: 4a - REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 4 OF 15 POP details;3. Gonstruet the sewef extension in aeeoFdmee with approved plans and eity of Mer-idi—an. standard speeifieations and S. Receive pr-efimimff plat approval from eity aeuneil for the deve4opment to be served by 7 "J' REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 5 OF 15 �- 1 1 11 10 111 11 7^1 [F Jw!0L 1-c.vi- 'i1.- *'9-' 'Y;t- F��; 44_ 7777 cn � '�tl 7� % REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 6 OF 15 - • 0 NOW - - �- 1 1 11 10 111 11 7^1 [F Jw!0L 1-c.vi- 'i1.- *'9-' 'Y;t- F��; 44_ 7777 cn � '�tl 7� % REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 6 OF 15 i 0 • _ - .. Nee MWWWWW _ Section 3. That a new section, Title 8, Chapter 6, Section 2, is hereby added to read as follows: 8-6-2 REIMBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENT A. Purpose: 1. To establish a procedure to reimburse developers for the differential costs associated with the installation of sanitary sewer and/or water infrastructure above and beyond that which is necessary to provide service to the developer's own project. 2. To provide an incentive to developers to install sanitary sewer and/or water infrastructure with the capacity to serve future growth as well as the developer's own project in growth priority areas. 3. To clarify that all infrastructure installed pursuant to the procedure set forth in this chapter shall become part of the City of Meridian's Sanitary Sewer and/or Water System. 4. To provide reasonable incentives to direct growth for future development. 5. To insure that new infrastructure is provided at no cost to the City, upon the City's acceptance of such infrastructure, rather than upon full reimbursement to the developer installing such infrastructure. 6. To allow for a Reimbursement Agreement for Infrastructure Enhancement (RAIE) only for infrastructure enhancements constructed in conjunction with REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 7 OF 15 • developments for which the preliminary plat has been approved no earlier than March 1, 2007 or at the request of the Director for projects that would not require a preliminary plat. B. Definitions Beneficiary A person or entity that is or will be the recipient of some or all proceeds or benefits collected, distributed, and/or realized pursuant to a RAIE and/or the provisions of this chapter. 2. Beneficiary Parcel A parcel of land upon which is situated development that utilizes or could utilize any utilities or infrastructure constructed by the City or by a private individual, where no owner or developer thereof has directly contributed to the cost of constructing such utilities or infrastructure. 3. Beneficiary Reimbursement Amount The amount collected from beneficiaries of infrastructure enhancements installed pursuant to an RAIE upon development of beneficiary parcels. The beneficiary reimbursement fee shall be determined by dividing the total eligible reimbursement amount by the acreage within the service benefit area. The beneficiary reimbursement amount shall be collected upon development of beneficiary parcels at one of the following points: a) prior to signature on the final plat; b) prior to the issuance of the first building permit; or c) at another point as determined by the City. 4. City and City Council The City of Meridian and the duly sworn City Council of the City of Meridian 5. Developer A person or entity that engages in development. 6. Development Any aspect of improving, constructing, subdividing, and/or investing in land capacity and infrastructure for the purpose of growing residential, commercial, industrial, or other community enhancement opportunities. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 8 of 15 7. Eligible Reimbursement Amount The actual differential cost between an infrastructure enhancement and infrastructure necessary to provide service to the developer's own project. The total eligible reimbursement amount shall include only reasonable engineering, surveying, construction staking, license agreements, easements, testing, and project management. 8. Director The Director of the City of Meridian Public Works Department, and/or his or her designee. 9. Growth Priority Areas The City of Meridian Public Works Department, in conjunction with the Meridian Planning Department, shall develop a map indicating growth priority areas within the Sewer Master Planning areas. The growth priority area map, once approved by the Meridian City Council, shall be used to determine the percentage of eligible reimbursement amount that a particular parcel within the master planning area may be eligible to receive. In the event that a development spans across more than one growth priority area, the designation for the greatest portion of the development shall be used for the entire development. 10. Incentive Funds Funds allocated by the City for use to provide incentive for directing growth to identified priority areas. 11. Infrastructure A sewer and/or water main and all associated components thereof. 12. Infrastructure Enhancement Infrastructure above and beyond that which is necessary to provide service to the developer's own project, installed by a developer pursuant to a RAIE and/or the provisions of this chapter. 13. Infrastructure Master Plan The plan for overall citywide sewer and water infrastructure installation as approved by the Director and the City Council. 14. Reimbursement Agreement for Infrastructure Enhancements (RAIM REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEmENTs ORDINANCE PAGE 9 OF 15 0 A written agreement voluntarily entered into between the City and the developer installing an infrastructure enhancement as a component of a specified development, the terms of which agreement shall be mutually negotiated and agreed upon in compliance with the provisions of this chapter, the Infrastructure Master Plan, and the particular infrastructure needs of the development and its service benefit area. 15. Service Benefit Area The land area and all development thereon that, in the foreseeable future, will be served by an infrastructure enhancement installed by the developer pursuant to an RAIE and the provisions of this chapter. The service benefit area shall not include the developer's own property. 16. User Any person or entity using or requesting the use of infrastructure. C. Procedure: 1. Only infrastructure enhancements constructed in conjunction with developments for which the preliminary plat has been approved no earlier than March 1, 2007 or at the request of the Director for projects that would not require a preliminary plat shall be eligible for reimbursement under an RAIE. 2. The City or a developer may request or propose an RAIE. Neither the City nor any developer shall be required to enter into an RAIE. The City Council shall consider the recommendation of the Director in determining whether or not an RAIE may be feasible and in the best interest of the City. 3. Upon a determination by the City that it may be feasible and in the best interest of the City to enter into an RAIE, the City shall invite the developer to submit a written reimbursement proposal. 4. The developer shall submit such written reimbursement proposal to the Director, which written request shall include: a. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, project management, and construction of the infrastructure necessary to provide service to the developer's own project. This estimate shall be based on the construction of infrastructure for the developer's property as a stand-alone project that would, in all respects, meet the standards of the Idaho Standards for Public Works Construction (ISPWC), City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction, and the City of Meridian Infrastructure Master Plan. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 10 OF 15 C� i b. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, and project management, and construction of the infrastructure for the service benefit area per the infrastructure master plans. c. A detailed reimbursement proposal, including certification of a registered professional engineer regarding the sizing and capacity requirements for the developer's own project, the cost of design, construction, and installation thereof, and certification of a registered professional engineer regarding the sizing and capacity requirements for the above -and -beyond infrastructure as required by the City of Meridian Public Works Infrastructure Master Plans. 5. Upon receipt of the developer's written reimbursement proposal, the Director shall have a staff report prepared to include the following: a. Whether the proposal meets all provisions of this chapter and/or other applicable standards and laws, including whether the proposed new infrastructure and utilities serving development in the City of Meridian can be planned and installed so as to comply with the minimum main size, depth, and general location as specified in the Idaho Standards for Public Works Construction (ISPWC); the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction; and the City of Meridian Infrastructure Master Plan. b. Determine the service benefit area. c. Whether the project, as proposed, is eligible for reimbursement. d. A preliminary determination of eligibility for an RAIE. e. Whether the Director recommends City Council approval, modification, or denial of such reimbursement proposal. The Director shall provide the staff report to the developer, advising that the preliminary determination of eligibility shall not be construed as City Council approval of the reimbursement proposal, unless and until finally approved by City Council. 6. Upon a recommendation of approval of the proposed plans, the department shall forward the staff report and the plans to the City Clerk for review by City Council. City Council shall preliminarily approve, deny, or require modifications to the reimbursement proposal. 7. Upon City Council's preliminary approval of the reimbursement proposal, the City Attorney shall, with the developer and the department, prepare an RAIE. The RAIE REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 11 OF 15 0 0 shall include all of the following terms in addition to any others as agreed to by the parties: a. Incorporation of the reimbursement proposal as approved by City Council; b. The service benefit area that will be served by the project infrastructure; c. The per -acre beneficiary reimbursement amount, to be calculated by dividing the eligible reimbursement amount by the acreage within the service benefit area. d. The total beneficiary reimbursement amount to be assessed against the beneficiaries within the service benefit area, plus a fifteen percent (15%) administrative change to be collected by the City from such beneficiaries, which percentage shall be based upon the cost of the infrastructure enhancement and not on the total cost of the development project. e. The total maximum eligible reimbursement amount, less the administrative charge; f. The growth priority designation of the development, including the source of funds that will comprise the eligible reimbursement amount; g. The term of the Agreement, which term shall not exceed ten (10) years, unless the City is the beneficiary of the agreement, except that the RAIE may be extended upon the recommendation of the Director, with the approval of City Council; h. That the RAIE will terminate when either of the following events occur, whichever comes first: (1) Expiration of the term of the agreement; or (2) Upon the City's remittance to the developer of the full eligible reimbursement amount; i. That the RAIE may be assigned or transferred with the express written consent of the City Council, which consent shall not be unreasonably withheld; j. That the developer shall be required to indemnify and hold the city harmless from any and all liability whatsoever until the. infrastructure has been accepted by the City; k. That the agreement shall be binding on the developer and his or her heirs, assignees, transferees, agents, and executors; REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 12 OF 15 • 1. A condition that the parties must renegotiate a final agreement that will contain all final costs of construction. m. That the agreement shall be recorded as a notice against the property of the developer and the benefitted properties; and n. The final RAIE will be prepared with all final costs of construction that have been submitted to the Director by the developer at completion of construction, and shall be verified by the Director prior to the approval of the City Council. 8. After the project is complete the final RAIE can be completed, approved, and recorded. 9. After all inspections are complete and the construction has met all standards of the RAIE the City shall issue a letter of acceptance of the installed infrastructure and shall take over ownership and maintenance of the infrastructure. D. Reimbursement: 1. Upon completion of installation of infrastructure as set forth in the RAIE, the City shall reimburse the developer from reimbursement amount collected from the service benefit area when, and only when, such amounts fees are collected. 2 Where phased development is planned for a property within the service benefit area, the City shall assess the reimbursement amount against acreage developed within each phase at the time of development. 3 Where a property outside the service benefit area benefits from the infrastructure installed to serve the service benefit area, the owner of such property shall be assessed the reimbursement amounts as established by the structured reimbursement agreement, upon agreement of the City and the benefiting property owner. 4. The City of Meridian shall collect reimbursement amounts based upon this ordinance. Twice yearly the City shall audit and process reimbursement payments on a schedule to be determined by the City. E. Incentivized Reimbursement for Growth Priority Areas 1. The City of Meridian Public Works Department, in conjunction with the Meridian Planning Department, shall develop a map indicating growth priority areas within the Sewer Master Planning areas. The growth priority area map, once approved by the Meridian City Council, shall be used to determine the percentage of eligible reimbursement amount that a particular parcel within the master planning area may be eligible to receive. In the event that a development spans across more than one REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 13 OF 15 C� 0 growth priority area, the designation for the greatest portion of the development shall be used for the entire development. 2. To incentivize development in particular areas, developers may be reimbursed as negotiated by the parties and mutually agreed, in writing, in an RAIE, according to the following schedule: a. In Low Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees. No additional City funds shall be contributed to reimburse the developer installing infrastructure enhancements in a Low Growth Priority Area. b. In Medium Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees, and the parties may negotiate an additional payment of up to ten percent (10%) of the eligible reimbursement amount, which shall be provided from City funds. C. In High Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees, and the parties may negotiate an additional payment of up to twenty percent (20%) of the eligible reimbursement amount, which shall be provided from City funds. 3. All City of Meridian incentive funds paid towards a RAIE shall be remitted to developer within thirty (30) days after the completion of the project. 4. All remaining funds paid to a developer shall be from the reimbursement amount collected from the properties located within the service benefit area. F. Reimbursement to the City Where the City constructs any infrastructure, regardless of whether it is master planned or not, either on its own or in conjunction with another person or entity, the City may prepare and record a reimbursement memorandum that shall have the same force and effect as an RAIE so that the City shall be reimbursed by beneficiary parcels for its actual costs of construction. The term of a RAIE of this type shall be of any length as determined by the City Council. The Incentivized Growth Priority Area reimbursement structure shall not apply to such memoranda. Section 2: This Ordinance shall be in full force and effect upon approval. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 14 of 15 0 0 PASSED BY THE CITY CO CIL OF THE CITY OF MERIDIAN, IDAHO, this day of ( 2009. APPROVED BY TH MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6� day of 2009. �`�rr►It tt m�� REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 15 OF 15 ! 0 May 1, 2009 AZ 03-037 MERIDIAN CITY COUNCIL MEETING Mayl, 2009 APPLICANT Centennial Development, LLC ITEM NO. 9 REQUEST Amendment to Ordinance No. 04-1116 A: Request for Annxation and Zoning of 46.40 acres from RUT to R-8 zones for proposed Chesterfield Subdivision east of N. Black Cat Road and north of W. Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meefings shall become property of the City of Meridian. ADA COUNTY RECORDER J.NAVARRO AMOUNT .00 1 BOISE IDAHO 05/13/09 02:4VP DEPUTY Bonnie Oberbillig III ('IIIIIIIIIIIIIIIIIIIIIIIIIIII IIII RECORDED -REQUEST OF Meridian CIW 109055258 CITY OF MERIDIAN ORDINANCE AMENDING ORDINANCE NO. 04-1116 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN AMENDED ORDINANCE (AZ -03-037 CHESTERFIELD) FOR ANNEXATION OF PROPERTY LOCATED IN A PORTION OF THE NE 1/ OF THE SW % AND A PORTION OF THE NW % OF THE SE 4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Centennial Development LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-8 (Medium Density) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. AMENDED ANNEXATION OF AZ -03-037 CHESTERFIELD SUBDIVISION - Page 1 of 3 • • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. h PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 92009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of rn CL u , 2009. MAYOR T de WEERD Orr off' TFo 10 AMENDED ANNEXATION OF AZ -037 CHESTERFIELD SUBDIVISION - Page 2 of 3 • STATE OF IDAHO, ) : ) ss. County of Ada ) �J On this E� day of 1 q�r , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ®°®®�®•®• i O e � b i ® • O � •'no _JC�s• � �1�� Q Q �� NOTARY PUBLIC, FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: 1d-1 I -I AMENDED ANNEXATION OF AZ -03-037 CHESTERFIELD SUBDIVISION - Page 3 of 3 x t 6TP SUR�NG,., 208.860.3442 LLC Professional Laud Surveyor 1506 B Prol=ka Cr. S Esec, ID 83616 March 2, 2009 Revised Annexation. Description Chesterfield Subdivision A parcel of land located in the NE1/4 of the SW1/4 and the NWl/4 of the SEI/4 of Section 10, T.3N.,R-I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the West % corner of said Section 10, from which the Center'/4 of said Section bears South 89°31'43" East, 2635.97 feet. Thence South 89°31'43" East, 1318.80 feet to the C -W I116 corner, said point being the REAL POINT OF BEGINNING. Thence continuing South 89131'43" East, 1317.15 feet to the Center %4 of said Section 10; Thence South 89°31'20" East, 340.60 feet to the southwest corner of Castlebrook Subdivision No. 5, as same is recorded in Book 94 of Plats at Pagel 1394, records of Ada County, Idaho; Thence South 89032'05" East and along the East-West mid-section line, a distance of 513.11 feet to a point lying 50.00 feet Westerly of the centerline of the Ten Mile Drain; Thence along the Westerly right-of-way of said Drain being 50.00 feet Westerly of it's centerline the following courses and distances: South 17021'18" East, 198.23 feet; South 22040'27" East, 83.44 feet; South 19017'12" East, 94.89 feet; South 25°19'02" East, 125.16 feet; South 39016'33" East, 100.02 feet; South 3903933" East, 89.05 feet; South 4502235" East, 1.76 feet; Thence departing said Westerly right-of-way North 8847'57" West, 16.07 feet; Thence South 00°30'03" West, 367.01 feet to the Center of the Union Pacific right-of-way; 0 0 Thence along said centerline North 8847' 15" West, 2453.97 feet to a point on the West line of said NEI/4 of the SWI/4; Thence along said West line North 00°15'44" East, 948.70 feet to the Point of Beginning. Containing 52.03 acres, more or less. • t 1 l c l ! l ! ! rn 1 001 tY 3l� l �t� s to z! r l Z a. r t= f lop I 1, t �I I 0 3! N 00'15'44'_ E 948.70' co co M V \ N. BLACKCAT ROAD rn V) 4431 cn� 3.- �o Q qTF of SRRY P�% 50 200 800 0 100 400 1200 SCALE: 1 " = 400' CITY OF MERIDIAN "-on DTP SURVEYING. LLC AMMENDED ANNEXATION DESCRIPTION SWMTN1 Pmfcot-W L -,.td Su—ers- r— t LOCATED IN A PORTION OF W NE1/4 OF THE SEI/4 AND NWI/4 OF OF THE SWI/4 OF SECTION 10. F.36. R.M. B.N.. ADA COUNTY. IDAHO 3.3.08 LINE TABLE LINE LENGTH BEARING L7 340.60 5 89 31'20" E L2 513.11 S 89'32'05" E L3 198.23 S 17'21'18" E L4 83.44 S 22'40'27" E L5 94.89 S 19'17'12" E L6 125.16 S 25'79'02" E L7 100.02 S 39'16'33" E L8 89.05 S 39'39'33" E L9 1.76 S 45'22'35" E L10 16.07 N 88-47'57" W L11 367.01 S 00'30'03" W 50 200 800 0 100 400 1200 SCALE: 1 " = 400' CITY OF MERIDIAN "-on DTP SURVEYING. LLC AMMENDED ANNEXATION DESCRIPTION SWMTN1 Pmfcot-W L -,.td Su—ers- r— t LOCATED IN A PORTION OF W NE1/4 OF THE SEI/4 AND NWI/4 OF OF THE SWI/4 OF SECTION 10. F.36. R.M. B.N.. ADA COUNTY. IDAHO 3.3.08 • 0 May 1, 2009 �r AZ 07-017 MERIDIAN CITY COUNCIL MEETING May/ 2009 APPLICANT David Dean ITEM NO. 10 REQUEST Amendment to Ordinance No. 08-1350 A: Request for Annexation and Zoning of 40.4 acres from RUT to C -C, R-8 and R-2 zones for Three Corners 6380 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J.ID NAVARRO AMOUNT .00 BOISE IDAHO 05/13/09 02:4= RECORDED -on ECODED- REQUEST OF II I I II �I II I II II I II I I I III I I II II I I III Meridian CiV 109055259 CITY OF MERIDIAN AMENDED ORDINANCE NO. A 08- 1350 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE (AZ 07-017 THREE CORNERS SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST NW 1/ OF SECTION 29 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C -C (COMMUNITY BUSINESS DISTRICT), R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT), R-2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: David J. Dean and Luane I. Dean. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to C -C (Community Business District), R-8 (Medium Density Residential District), and R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as AMENDED ORDINANCE FOR ANNEXATION OF AZ -07-017 THREE CORNERS SUBDIVISION Page 1 of 3 as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of .2009. \\0% M*V'O 641Y de WEERD ATTEST: JAYCE10L. HOLMAN, CITY CU T l'sr151- AMENDED ORDINANCE FOR ANNE �� ii ;,��07-017 THREE CORNERS SUBDIVISION a�of 3 E STATE OF IDAHO, ) : ) ss. County of Ada ) • On this e day of m , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •®®•.•.Y.,0•® (SEAL) • ___ .s • A • • v"e`�a Ic iV •®®® all 'i 6ji-a-y-yN :� A o 0 j'j NOTARY PUBLIC FOR IDAHO RESIDING AT: OUd u x Ll MY COMMISSION EXPIRES 1 -0 - AMENDED Q - AMENDED ORDINANCE FOR ANNEXATION OF AZ -07-017 THREE CORNERS SUBDIVISION Page 3 of 3 Project No: 07121 Date: May 20, 2008 Page: 1 of 2 TO€IT.HMAN-ORTON ENGINEERING COWANY CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 - FAX 208-323-2399 bnise@toengrco,com EXHIBIT "A" Land Description. of Property for Annexation To the City of Meridian, Idaho A portion of the Northwest Quarter of the Northwest Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: CO LACING at the corner common to Sections 19, 20, 29 and 30 of said Township and Range, from which the Quarter corner common to said Sections 29 and 30, bears S.00°3724"W., 2656.54 feet; thence, along the westerly Pule of said Section 29, A) S.00°3724"W., 40.23 feet to the beginning of a non -tangent curve on the southerly right- of-way line of Chinden Boulevard, marking the POINT OF -BEGINNING; thence, along said right-of-way line, 1) Southeasterly along said curve to the right, having a radius of 34,337.48 feet, an arc length of 30.00 feet, through a central angle of 00003'00", of which the long chord bears S.89°37'42"E., 30.00 feet; thence, 2) N.00°37'24"E., 40.00 feet to the beginning of a non -tangent curve, marking the centerline of said Chinden Boulevard; thence, 3) Southeasterly along said curve to the right, having a radius of 34,377.48 feet, an arc length of 95.00 feet, through a central angle of 00109'30", of which the long chord bears S.89'3 1'26"E., 95:00 feet to a point on the north line of said Section 29 thence, along said north line (also the centerline of said Chinden Boulevard), tangent from said curve, 4) S.89°26'41"E., 1201.57 feet to the northeast comer of the Northwest Quarter of the Northwest Quarter of said Section 29 from which the Quarter corner common to Sections 19 & 20 bears S.89°26'41"E., 1326.57 feet; thence, along the east line of the Northwest Quarter of the Northwest Quarter of said Section 29, 5) S.00°3424"W.,1324.60 feet to the southeast corner of the Northwest Quarter ofthe Northwest Quarter of said Section 29; thence, along the south line of the Northwest Quarter of the Northwest Quarter of said Section 29, H:107121\IVPFdes\Survey\ExM-Revised Annex&ion.doc BOISE - COEUR WALENE - CAT -DWELL TOOTBMAN-ORTON ENGWEERING COMPANY Project No: 07121 Date: May 20, 2008 Page: 2 of 2 6) N.89°36' 15"W., 1327.74 feet to the southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 29; thence, along the west line of the Northwest Quarter of the Northwest Quarter of said Section 29; 7) N.00°37'24"E., 1288.07 feet to the POINT OF BEGINNING. CONTAEYING: 40.385 acres, more or less. - See Exhibit `B" attached, and by this reference is made a part thereof. REV PROVAL BY. MAY 13 20 MERIDIAN PUBLIC WQRKS• DEPT• H:1071Z 11WPfileslsurveylEshA-Rrvked AnaexntiwLdoc EXHIBIT "B "-ANNEXATION MAP A PORTION OF THE NORTHWEST. QUARTER OF THE NORTHWEST QUARTER OF SEC. 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO SEC. COR. S89'26'41 "E 19F20 ¢, CHINDEN BOULEVARD i 326.57' - C2 _ _ S89'26'41 "E 1201.57' — I 1 -Cl 29 CURVE TABLE CURVE LENGTH RADIUS I DELTA TANGENT CHORD BEARING C1 30.00 34337.46 0'03'00' 15.00 30.00 S89 -37'42"E C2 95.00 34377.48 0'09'30' 47.50 95.00 1 S89'31'26'E `-POINT OF BEGINNING LINE TABLE 2U!NEBEARING LENGTH 1 5003724W 40.23 L2 N0037'24'E '40.00 m U • Z I IWW I I J LL ul Z MN 0 c1 [�OUODiI Oft fin 0 ` o N Ie 40.385 Acres, more or less nib In U REVfOAJP. DVAL N Ln z a BYLn p�Nt LA Np s MAY 3 208 I�w5s���.�r��/lsrr Rj��°�� NI - "rr Ytit I I "OI'KS E IS 7316WDT P � F_ Of 0En � LEGEND * FOUND BRASS CAP 0 100 2DO 400 60C I O FOUND 5/8' IRON PIN I I o ANGLE POINT ANNEXATION BOUNDARY 1327.74' N89'36'15'W — — — I DUNWOODY SUBDIVISION C4 TOOTHMAN—ORTON ENGINEERING CO. '- ENGINEERS - SURVEYORS - PLANNERS QTR. GOR. SEC. 29 & 30 9777 CHINDEN BOULEVARD - BOISE, IDAHO 83714-20D8 PHONE: 208-323-2288 - FAX: 208-323--2399 E—FRkIt\artzt\ —kms NE-u5/z1/os JM071ZI 10 0 May 1, 2009 MERIDIAN CITY COUNCIL MEETING May 9, 2009 APPLICANT ITEM NO. REQUEST Executive Session per Idaho State Code 67-2345(1) (c.) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: - CITY ATTORNEY CITY POLICE DEPT: FIRE DEPT:� r, 7,' �CITY CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: / 3 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.