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HomeMy WebLinkAbout2009-03-10E IDIZ IAN,�- 6 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, March 10, 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 Tom Katsma with Valley Life Community Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 12, 2009 City Council Special Meeting: B. Approve Minutes of February 17, 2009 City Council Special Workshop Meeting: C. Approve Minutes of March 3, 2009 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: AZ 08- 013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — various locations (see application): Meridian City Council Meeting Agenda — March 10, 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. 9 0 E. Findings of Fact and Conclusions of Law for Approval: PP 08- 011 Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C -G zoning district for Trade Plaza by Trade Plaza Subdivision Development, LLC — Northwest Comer of Meridian Road and Corporate Drive: F. Approve Sanitary Sewer and Water Easement Agreement for Great Wall by Kin San Chan and Xiao Hua Huang: G. Approval of Task Order 0669B for Construction Staking of Water and Sewer Improvements in Coniunction with the ACHD Split Corridor Phase 1 Project for $6,020.00: 6. Department Reports: A. Legal Department: 1. Update on Meridian Heights / Kentucky Ridge Request for Service: B. Public Works Department: 1. Reimbursement Agreement with Linder 109 for 21 inch Sewer Trunk from Overland Road to Ten Mile Road for $226,212.00: C. Purchasing Department: 1. City Hall Enhancements: 7. Items Moved from Consent Agenda: 8. Continued Public Hearing from November 25, 2008: AZ 08-005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72 acres) and C -G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amit v by Hawkins Companies — Northwest Comer of West Amity Road and South Meridian Road: 9. Continued Public Hearing from November 25, 2008: VAR 08-008 Request for a Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway to allow 2 right -in / right -out access points (approximately 660 feet from the north and south intersections) and 1 right -in / right -out / left -in access point at the'/ mile to Meridian City Council Meeting Agenda — March 10, 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. 0 State Highway 69 / Meridian Road for Meridian and Amit v by Hawkins Companies — NWC of W. Amity Road and S. Meridian Road, south of Hams Street: 10. Continued Public Hearing from February 24, 2009: AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L -O district for Kings Congregation Church by King's Congregation —1201 E. Victory Road: Meridian City Council Meeting Agenda — March 10, 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. 0 • Meridian City Council Meeting March 10, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March10, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, John Overton, Joe Silva, Keith Watts, Tom Bary, Kyle Radeck, Ed Ankenman, Eric Jensen, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call tonight's meeting to order. Thank you for joining us here this evening. It is, for the record, Tuesday, March 10th. It's 7:00 o'clock. I will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3. Community Invocation by Tom Katsma with Valley Life Community Church: De Weerd: Is Pastor Katsma here? I'm sorry, I thought I remembered seeing you. Item 3 is our community invocation. We will be led tonight by Pastor Katsma and he's with the Valley Life Community Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Katsma: Shall we pray. Almighty God, we recognize you as the giver of every good and perfect gift. We thank you, Lord, for this gathering tonight that represents the business of our city and we thank you for the civility, for the privilege that we have to live in this place and we honor you for these public servants and staff in every capacity and for all the citizens that are gathered here tonight to ask for your help in their matters. We thank you, Lord, for this privilege of asking for guidance, for discernment, and for wisdom. We pray for your blessing upon our community and our leaders and our citizens in these times. We pray, Lord, for your blessing on our country, too, as well and for all those who are working for financial recovery. Give them discernment and Meridian City Council March 10, 2009 Page 2 of 59 wisdom, so that we can continue to lead the world. Thank you so much, Lord, for the privilege that we have to ask for your blessing upon this tonight and we do this in your mighty name, amen. De Weerd: Pastor Katsma, I do have an updated City of Meridian pin I'd like to give to you and thank you for being here. Katsma: Thank you very much. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On that agenda there are a couple of requested changes. No change for the Consent Agenda. Under Item 6, Department Reports, there has been a request by the Public Works Department to add an Item 2, which would be the reimbursement agreement with JLJ Enterprises. So, that would be Item 6-13-2. Then, there has been a request on the Purchasing Department report -- that's, actually, going to be presented by Keith Watts, who is presently in another meeting and he has asked if that can be moved to the end of the agenda, so it would become Item 11. And just for public knowledge, Items 8 and 9, the applicant has requested that those be continued until June 2nd. And Item 11 would become 6-C-1 from the Purchasing Department. With those changes I move that we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 12, 2009 City Council Special Meeting: B. Approve Minutes of February 17, 2009 City Council Special Workshop Meeting: C. Approve Minutes of March 3, 2009 City Council Regular Meeting: Meridian City Council March 10, 2009 Page 3 of 59 D. Findings of Fact and Conclusions of Law for Approval: AZ 08- 013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — various locations (see application): E. Findings of Fact and Conclusions of Law for Approval: PP 08- 011 Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C -G zoning district for Trade Plaza by Trade Plaza Subdivision Development, LLC — Northwest Comer of Meridian Road and Corporate Drive: F. Approve Sanitary Sewer and Water Easement Agreement for Great Wall by Kin San Chan and Xiao Hua Huang: G. Approval of Task Order 06698 for Construction Staking of Water and Sewer Improvements in Conjunction with the ACHD Split Corridor Phase 1 Project for $6,020.00: De Weerd: Okay. Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Legal Department: 1. Update on Meridian Heights / Kentucky Ridge Request for Service: Meridian City Council March 10, 2009 Page 4 of 59 De Weerd: Okay. Item 6 under Department Reports. We will start tonight's meeting with our legal department. Nary: Madam Mayor, Members of the Council, although this is a Legal Department report, it really is, probably, more of a report from the Meridian Heights Sewer and Water Association. Not a whole lot of legal issues here. I think there are some issues with the Public Works Department and Mr. Bary. I don't know if this would be the appropriate time or whether or not it would make more sense to have the association's representatives here make their presentation. This is based on initially a letter that was sent to you by Sentra Consulting. Mr. West is here to have that discussion with you, whichever your preference. Tom, do you think it would make more sense to have them first? Barry: Madam Mayor, Members of the Council, Mr. Nary, I think it would make the most sense for Mr. West to make a presentation and, then, that would help the Council maybe direct more specific questions to Public Works or also to the Meridian Heights Water and Sewer Association representatives. De Weerd: Okay. Mr. West. West: Thank you, Madam Mayor, Members of the Council. Mr. Nary. Mr. Barry. Mrs. Canning. We appreciate this opportunity to come before you tonight and talk about the request that you received from me and drafted at the direction of Meridian Heights Water and Sewer Association. It's been a number of months in trying to resolve the issues the residents of Kentucky Ridge and Meridian Heights Water Sewer Association currently face. I thought what I would do is start by giving copies of a proposed water district boundary. I brought eight copies and I will hand seven over to Mr. Barry, if that's okay, in the event that questions come up about district boundaries, then, the map can be passed out and we can refer to that, in case any questions come there. My name is Steve West. I'm president of Sentra Consulting. Sentra is a small civil environmental engineering, civil government affairs firm based out of Boise, Idaho, and we represent the Meridian Heights Water and Sewer Association. With us tonight is Mr. Val Hill, who is president of the association, and Ms. Stephanie Bonnie of the law firm of Moore Smith Buxton and Turcke, who are also involved or retained on retainer with the association to help move them through the process of establishing a water and sewer district. De Weerd: Welcome. West: On February 16th I sent a request to the Council and the Mayor on behalf of Meridian Heights Water and Sewer Association and kind of went through a little bit of background and history, which I'm sure most of you are familiar with. Perhaps more than what you'd like to be familiar with, but it was, essentially, a request to receive sewer services and eventually potable water supply on a contractual basis upon formation of the water and sewer district, moving from an association to a water and sewer district. And as you're aware, Meridian Heights Water and Sewer Association will Meridian City Council March 10, 2009 Page 5 of 59 no longer be able to dispose of wastewater at wastewater treatment facility, wastewater land application site, as of spring 2009, which is very nearly upon us. So, this inability to dispose of wastewater at that site constitutes a public health emergency and, in addition, the residents of the potable water supply is operating under a consent order from the Idaho Department Environmental Quality due to uranium contamination, which also constitutes another serious public health concern. This consent order will also require that the Meridian Heights Water and Sewer Association resolve the issues associated with water supply. There is a letter, Attachment A that was included in this packet from Mark Mason, regional manager of engineering with the Idaho Department of Environmental Quality attesting to the fact that it is an imminent public health emergency and asked the city to assist in trying to resolve this, if it a suitable solution could be found. As you're all aware, we have gone through a number of efforts to try to identify the best possible solution for resolving initially the wastewater treatment issue, but also the potable water supply and it has become clear to us that as a function of cost, reasonable access to the Meridian sewer supply, efficacy, timing, and, frankly, exhausting all other options. The only reasonable alternative face available to the citizens of Meridian Heights and Kentucky Ridge is to connect with city infrastructure as a means to secure continued services. We are all, I think, familiar with the history of trying to address that. We initially looked at an annexation approach, prepared an annexation application, submitted that to the city for review. There were a couple of issues that are as yet unresolved with that annexation application. One is the issue of contiguity, although we are informed that is resolvable. However, the bigger issue I think lies with the potential request of asking the city as a government entity, to sponsor the local improvement district necessary to pay for the upgrades with Meridian Heights Sewer Association infrastructure. We understand that there are concerns with that role from the city's perspective and perhaps justifiably so. We also understand there are concerns with respect to city staff in recommending annexation move forward without a better understanding of what the infrastructure shortcomings or issues are that would need to be resolved to bring both the collection and distribution system into accord with city requirements. Based on that, the city suggested that we approach the Ada County Board of County Commissioners with a request for them to sponsor a local improvement district and that was done on February 10th, 2008. A letter request was made to the board. I presented to the board in their regularly scheduled business meeting and they, after some deliberation, decided that it was not an acceptable request for a variety of reasons and a letter to that effect was sent to the City of Meridian explaining their position. I know that there were some additional discussions as a follow-up meeting in the regular collaboration discussion meeting between the city and the board of county commissioners, which I also attended, and there was an opportunity to discuss some of those concerns. The bottom line, though, is that the Ada County Board of County Commissioners have declined to sponsor a local improvement district and their letter is attached in Appendix B of the packet information that I sent to you for your review and I would be happy to comment additionally on that if it becomes necessary. Prior to that -- those two scenarios, we looked at a number of options in trying to determine how to fund and how to move forward to resolve or avert this public health emergency. We approached the state revolving loan fund for -- to secure funding for that. We are in the cycle for funding, but the timing is such that it would no longer -- Meridian City Council March 10, 2009 Page 6 of 59 it's not feasible to access the funds and get the project constructed in time to avert this looming concern. We also I think looked into the establishment of a community infrastructure district based on legislation that was passed last legislative session. I know several of Council members, including the Mayor, attended workshops related to community infrastructure districts. We went through some number crunching to try to -- working with experts in this particular area and at the end of the day the costs for doing the community infrastructure district were exorbitant to the point of being prohibitive in this instance. It worked out to somewhere between seven and eight percent interest or fees for using the money. There were other issues as well, but it just -- there was no way that this was going to work in terms resolving the concern. I approached the bond bank, spoke with Senator Bart Davis to evaluate the bond bank's willingness to underwrite infrastructure upgrades and he made it quite clear that they would be unwilling to support that request, because they really needed to have a government entity with taxing authority to fall back on in the event of default. They did not see any advantage or didn't see it as appropriate to use bond bank money to fund an entity without taxing authority and specifically their preference is with municipalities. We also went and looked at private lenders and at the time there were none really interested at the rate that would be necessary to make this a viable project. There was a number of discussions with various lending institutions in town. Several banks looked at scenarios such as credit lines, lines of credit, other types of loans, but at the end of the day, at least at that time, they were not able to present a package or a product that was going to be economically feasible in terms of funding the upgrades or the connection from Meridian to the City of -- Meridian Heights Water and Sewer to the City of Meridian. After additional discussion, it appeared that one scenario that might resolve -- well, before I move to that, I would also say that there were other options explored, such as pumping and trucking the wastewater to a wastewater treatment facility. As you might imagine, the cost for that were exorbitant. Monthly fees went from roughly 50 dollars a month per connection, up to around 400 dollars per month per connection based on estimates that we got from pumping companies that would be able to provide that service. We also looked at the viability of building a wastewater treatment plant, a package treatment plant that would allow it to continue as a -- solving wastewater treatment operation, but the costs for that are not insignificant. The other issue is that the Department of Environmental Quality has a pretty rigid guideline with respect to reasonable access and by virtue of the extension of the sewer lines from the City of Meridian to the proximity -- to its proximity to Meridian Heights Water and Sewer -- or Meridian Heights Subdivision and Kentucky Ridge Subdivision, the reasonable access policy would preclude the approval of construction of a wastewater facility and, then, you still have the issue with respect to disposal and so the -- with -- with the concern of protection of groundwater quality in the area, the level of treatment that would be necessary to be able to land apply wastewater in a more concentrated fashion probably does not allow that to be a reasonable alternative to consider. After additional discussion in trying to figure out how to move forward with this, it was suggested that one possibility that might resolve concerns and in our view offer a solution that would effectively insure no harm to the city or your residents would be for Meridian Heights Water and Sewer Association to form a water and sewer district pursuant to Idaho Code. This has a lot of appeal in that it is a quasi -governmental agency and in that Meridian City Council March 10, 2009 Page 7 of 59 capacity able to compete for funding, bonding, at much more attractive rates, because it does have taxing authority, but it also I think allows them to sponsor their own LID, if that becomes the way that they choose to fund their upgrades. It also removes the question associated with annexation of what to do about potential code enforcement violations and it does put a contractual relationship in place on a fee for service basis that would deal with the immediate public health threat, but also allow time to evaluate the existing infrastructure and distribution for the water supply, perform the upgrades, to move towards concurrence or compliance with the city requirements. And so that seemed to have a lot of appeal, solve a lot of concerns, put the city in a much better position in terms of who they would be contracting with and by virtue of having an existing group of patrons that already has a solid payment history, I think put the newly formed district on pretty solid footing to be able to continue to manage that until the other issues are addressed. By that I mean infrastructure and any upgrades that needed to be done. So, with that, we decided to -- decided to come to you with a request, recognizing that Moore, Smith, Buxton, and Turcke did -- have been retained and are moving forward, I would defer questions with regard to the specifics of the formation of a district and what they can do to Ms. Bonnie. But it appears that the only viable option at this point is to move forward with the formation to the water and sewer district and to respectfully request that the city considers granting our request to dispose of wastewater on a contractual basis at -- through city sewer. And so I guess in closing I would like to say that with respect to the sewer district contract with the city idea, there are a number of success stories throughout the state where this has been done very well. And, in fact, here in the Treasure Valley the Eagle Sewer District does contract with the city of Boise for wastewater disposal. Their approach is to buy a certain amount of capacity and that agreement's been in place for just about ten years now. In fact, as I recall I think I was negotiating on behalf of DEQ with Eagle Sewer District and the city of Boise at the time that that agreement was put in place. I took the opportunity to speak with Mr. Lynn Moser, the president of the Eagle Sewer District and also Neal Oldemeyer, who is the director of Boise City Public Works, who both affirmed that they had had a very positive experience as a result of that relationship and felt that it was working very well for them. There are other sewer district relationships that have not gone as well within the city, but those were older agreements that were struck back in the 1950s or 1960s. Bench Sewer District would be an example. They were 50 year agreements. Didn't anticipate the authoring or the authorization of the Clean Water Act -- the Federal Clean Water Act, or a number of other environmental regulations that have caused problems with that agreement. The experience with Eagle Sewer District and the city of Boise is that when there have been issues and they have learned from mistakes on the previous agreements, when there have been issues they have taken time to work those out and make any necessary changes through opener clauses in their existing agreement. So, I believe -- you know, the bottom line of this is that we have members of the Treasure Valley community that are facing a real public health emergency. There is no way around that. They don't have any option. They have exhausted all others. And they are within the city's area of impact. They recognize -- think the city's appropriate concerns about -- with respect to annexation and have, with the good help of members of your staff, come up with a potential solution that we are asking you to consider. I think it's a much more urgent scenario than that people just • Meridian City Council March 10, 2009 Page 8 of 59 10 coming to the city asking for sewer services. Their ability to dispose of their wastewater is going away this spring. They have secured funding in the amount of 200,000 dollars that would allow them to complete the engineering and the construction for a hook up to city sewer. So, there is no question about their ability to be able to go forward and provide the connection subject to the city's willingness to allow that to occur. I think that this proposal allows for a fee for service approach that will avert the disaster at no harm to the city. I think the residents of Meridian Heights and Kentucky Ridge Subdivision do not have another option and time has all but run out. So, on behalf of Meridian Heights Water and Sewer Association, as well as the citizens of Meridian Heights and Kentucky Ridge subdivisions, I am respectfully asking this Council to allow Meridian Heights Water and Sewer Association -- Sewer District, once formed -- and that's important -- once formed, to contract with the city for wastewater disposal services and toward that end I respectfully request this Council authorize staff to immediately move forward in working out the terms for that arrangement subject to Meridian City Council review and approval. And with that I'd be more than happy to stand for questions. Thank you for your time. De Weerd: Thank you, Steve. Any questions from Council? Bird: I have none. De Weerd: Tom, anything from you? Barry: Madam Mayor, Members of the Council, as you know, Mr. West and Mr. Val Hill and other representatives of the association have been working closely with myself and my staff on this issue for some time and have tried to resolve these issues over what I understand is a period of time that predates even my time here with the city. I think Mr. West's presentation and also his documentation is in line and I also would like to go on the record and say on behalf of my staff and myself, I am very pleased to have been working this closely with Mr. West and also Mr. Hill on this issue. It's an important issue to get resolved here very quickly. The request that Mr. West makes seems like a reasonable one and would, of course, require the -- your direction to me with regard to allowing us to work on this agreement. There are several things that would need to get resolved and issues and items that you should be aware of. One of those being the term of the agreement and, then, also certainly some issues associated with the services extended. For example, that capacity that we might bestow to the district once formed over a specified period of time, how that might want -- how the Council may want to equitably distribute the -- the loaning or granting of that capacity to the sewer district, such that the rate payers are not bearing the burden of those -- those impacts of the association. We have done a capacity analysis as it relates to the association's daily demand for sewer effluent and based on their numbers they are suggesting around 44,000 gallons per day. Our most conservative estimates, which I agree would be somewhat high, are showing around 85,000 gallons. So, we feel that we are probably in the ballpark around 60 to 65 thousand gallons of sewage per day impacting our plant. That capacity is available now, but as you know, annexed properties have -- essentially have -- essentially reserved much of our capacity for the annexed properties, Meridian City Council • March 10, 2009 Page 9 of 59 so that there would have to be some equitable distribution I think as it relates to the -- to the capacity available to the association that we would have to work through and how that capacity might want to be -- how the city may want to be reimbursed for that capacity. A surcharge certainly is not an out -of -the -line type of approach or an outright purchasing of capacity or the equivalent of requirement of all hook-up fees, which -- which over a short term could seem excessive, in my opinion. These are all different types of things that will have to be worked out in the contract if you should so direct staff to work on one with -- with -- with the organization. What is also important to note regarding the term is that whether or not the Council would want any specific milestones to be met under a contract such as requiring the district to upgrade its facilities or to work towards annexation of its properties or those kinds of things. These can be sticking points and, actually, with the formation of a separate taxing or governmental entity, if you will, the district, could be very cumbersome and would certainly require some time and attention to work through. The other thing that's important, certainly, is the term of the agreement. If say, for example, the water and sewer association, which turned into a district, had no intent of ever annexing, we would need to address that in a contract, whether it be over a term period or whether it be over a longer period and what sort of mechanisms might need to take place and noticing of that -- for that matter in the termination of services should the Council at some future date decide to withdraw its extension of services. The other thing I do want to mention, too, is the formation of an LID if the district wants to move toward the acquisition of financing through an LID, could be long and cumbersome and, in reality, may not come to fruition if it is highly contested and so that may play a roll in the term that we may want to discuss. So, in brief, what I'd like to say is that I think Mr. West's presentation and where we are at the crossroads is a reasonable one and what we would need as staff is your approval to go ahead dedicate staff time and resources to working on a contract, with the understanding that the contract would come back before the Council, certainly be reviewed by our legal department, and be only executed, of course, with your approval of any terms and conditions you saw fit to enter into a contract. So, with that I might take any questions you may have. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: At this point it's not really a question, it's more of a comment, I guess, but I know I have a great deal of sympathy for the emergency that your people are in. I think the concern that I have expressed and other Council members probably have expressed, is that this is not the only county subdivision that may be coming at us with this kind of a problem and the reason we don't just jump into help is that this could be a huge problem compounded by -- I don't know how many, at least six to a dozen others and that's part of the reason that we are trying to take the time to make sure we get it right. It isn't that we don't want to help, but as I think you have acknowledged and has been stated, we don't want the cost to end up being bome by our current taxpayers for Meridian City Council March 10, 2009 Page 10 of 59 doing this. So, I guess that's more of a comment than a question, but that is what our concern is about not just jumping up and saying, yeah, let's do this. West: If I may respond, Mayor. De Weerd: Please. West: Councilman Zaremba, in a -- I appreciate your comments and I think that the advice of staff and the wisdom of the Council has resulted in us having a much better proposal than what might have originally been the case and so while it may have been desirable initially in the short term to have resolved this early on, I think we have a much better solution for the long term as a function of not jumping in and allowing time to thoroughly think it through and arrive at you with this request today. So, I guess that's where we are at. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question for Tom. Mr. West had said they had raised the 200,000 dollars for hook up. That's for sewer and water hook up and how do we come to that -- that amount, if you could kind of give me some background on that. Barry: Yes, Mr. Hoaglun. The hook up that he's referring to is the physical connection, not the hook-up fee. So, that would be the cost to extend the line that exists in the road -- or on the north side of the road underneath the road and to their property and, then, for them to continue that to their lagoon, which would, then, allow the connection. So, that is strictly an engineering cost for physical connection, not any kind of hook-up fee. West: And construction cost. Engineering and construction cost. Bary: Engineering and construction. Yeah. Hoaglun: And, then, to follow up on that, Madam Mayor, that was -- in early discussions there was -- they talked about a single point for both water and sewer, so that would accomplish that, and, then, they would maintain their own lines and their existing service to service their customers if they form that district and that's -- that's how we are going about this if this was to move forward. Barry: Yes, Mr. Hoaglun, the only thing under consideration this evening is the connection for and service to the association and soon to be district, we understand, for sewer services only, not for water. And that sewer service connection would be a single point connection and we would -- if we entered a contract, bill the district for all of the effluent coming out. We would probably put a meter on that, for example, and, then, bill them for all the effluent that comes out of that line and, then, they would be in charge of Meridian City Council March 10, 2009 Page 11 of 59 maintaining the infrastructure, the billing, all of those sorts of things within the subdivision. Hoaglun: Okay. And to continue, just thinking ahead, you know, if we are down the road ten years from now and they want to be annexed, it's time -- whatever, how -- their system, we talked about that earlier, if it's not up to speed, how do we go about doing that if it's not where it needs to be down the road? And I guess that might be a question for Mr. West. I don't know, Tom, if you want to take a crack at that. Just trying to gaze into the crystal ball, what type of problems might we have down the road if we go ahead with this now -- I'd rather not be surprised about it, but know about it right now, if something like that were to occur. West: Madam Mayor, Councilman Hoaglun, I think that's an excellent question and certainly our intent in the contract discussions is to address those types of issues. Meridian Heights Water and Sewer Association is currently undertaking a videoing of -- videoing the sewer lines now to evaluate the integrity and as a first step at assessing the integrity of that collection system. And so it would be our intent to do whatever upgrades are necessary to insure that that meets what the rules require and I think that will be a big part of the discussions that we have with your staff if you direct them to do that. Hoaglun: Thank you. De Weerd: I guess my question is -- and it was one of the statements made from one of the county commissioners yesterday, is if we are providing service, why wouldn't we annex? And so if it's a question of system compatibility and working out the bugs until annexation and the associated issues can be ironed out before that annexation applicant was done, is one thing, but indefinitely and not having a well defined plan is -- is not -- is not something I would think the city would enter into without that end result. And I know there is a number of issues and those issues do need some detail plans and phasing or however that is reached, but when we have in the past and consistently when we extend services, we do also extend the expectation of that annexation commitment and application. So, what -- what has been the discussion along those lines? West: Madam Mayor, I think the -- the question is well taken. Obviously, the initial attempt was to move forward with annexation. There were a number of issues that cropped up that posed to be problematic to where the formation of a district seemed to be a preferable alternative at this time. I think the location of the subdivisions and the anticipated growth in that area in your city's area of impact, eventually leads to annexation and one of the things that we hope to nail down I think in our contractual agreement is a term that would at some level address the annexation question. Whether that's five years, seven years, I don't really know the answer to that. We haven't sat down and worked out what that might look like. The advantage of doing it this way, of course, is that the costs and liabilities are bome by the district and the city is not involved, the city is just providing a service for people in desperate need of help and Meridian City Council • March 10, 2009 Page 12 of 59 that will probably allow for more thoughtful discussion of how annexation should proceed, as well as addressing the other issues, such as code violations, other types of city services, that can occur over the next several years to -- to everyone's satisfaction I think. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm still trying to get my head around the -- I mean we have been at this way too long and I don't think our philosophy has changed. We don't want the city, nor the rate payers to bear the burden of poor planning on the part of the county. I don't see how this proposal gets us any closer to that. I can see where there is monies in the till to do the engineering and make the hook up, but if it were a new lot, annexed into the City of Meridian or an individual lot wanting to be annexed into the City of Meridian, they'd be paying a hook-up fee to pay for the capacity. To me if we don't get that up front, we are extending that credit to folks who don't want any part of Meridian, as near as I can tell, or a good share of them. We have a bunch of annexed and subdivisions in preliminary and final platting stages and a number in final stages that require capacity. I'm not about to apportion capacity out to those folks. They have the expectation that they have capacity or we shouldn't have annexed them. Until I have an answer to that question, I'm not about to move forward with the accepting of the City of Meridian going into the business of taking somebody else's sewage on a business basis. I'm glad to hear that one of the issues that's been facing all of us is the lack of knowledge about the existing conditions of the infrastructure. I think once we know that, then, some of our reservations will go away or they might be compounded. I don't know. I'm hesitant to say, staff, go ahead and start contractual negotiation or crafting. I'm not hesitant to continue to explore an answer to the questions that need to be answered. How do I go to a rate payer who is now going to be facing increased rates at a fairly significant rate over the next three years, that we are going to be extending potential hook-up capacity credits to folks that aren't even part of the city? I struggle with that as an elected official of the City of Meridian. I have great amount of sympathy for the folks that are in this situation. I don't know that when they bought their property that they understood what they were doing, a good number of them, but I will come back to that philosophy that the City of Meridian should not -- and I don't believe can necessarily, at the cost of our rate payers, take on this potential burden. The contractual arrangements that we have heard discussed so far -- the only -- the only action on the part of the city is termination of service. Once that valve's in place and once it's opened, that won't happen. So, to me, there is no recourse the city has once the deal is brokered. West: Madam Mayor and Councilman Rountree, there is a number of issues you raised from that and I'll try to respond to each of them and, then, perhaps ask Mr. Barry to add in to the extent he thinks appropriate. The question of hook-up fee really is a de facto commitment, I think, on the part of the city to provide service in perpetuity. Basically, Meridian City Council March 10, 2009 Page 13 of 59 that's what you're doing. In this contractual relationship that's not what's occurring here. It is a fee for service for a term. So, the way that we have tried to address that issue is through the concept of a surcharge and part of the discussion on a contract negotiation would be determining what the right amount -- what a fair amount of that surcharge would be. There are a number of services that come with annexation into the city that are addressed not only through taxes, but also hook-up fees and other kinds of things that are not being ask to be provided in this instance. It's purely a service for the wastewater disposal for the immediate term. Whether the contract looks at such things as stipulated penalties or performance milestones or things of that nature, contract renewals that open it up and determine the -- the value of wastewater capacity that potentially might escalate over years, there are a number of ways I think to address your concerns to make sure that the city's -- the residents of the City of Meridian are getting a fair shake in the deal. We have never asked, at least in my involvement in this, we have never asked for a cart blanche or a never ending credit card when it comes to this particular issue. We have tried to approach it in the spirit of what is a fair and equitable way to resolve the -- the dire circumstance of the people in Kentucky Ridge and Meridian Heights Water and Sewer Association and I have always appreciated not only this Council's efforts in trying to help us find that solution, but also members of your staff who have worked diligently. I think with a clear conscious, with -- upon review of a contract that you review and authorize signing, there will be elements in there that allow you to say this is a fair deal and this is why. Here is a surcharge. It's for a term. We are not agreeing to provide these services in perpetuity. This is a fair and equitable way of resolving a concern at no harm to the city and whether they buy that capacity or whether it's leased in some fashion for a period of time, I don't think that's going to -- particularly in light of your pending MPDS permits, I don't think that's going to be problematic for you in terms of future expansion once that permanent is issued. So, I think there is a lot flexibility in there. I think that I have a lot of faith in your staff and legal counsel and our ability to follow up on the concerns that you have raised and to ideally come back with you with a contract proposal that will meet your concerns. De Weerd: Any other questions? Hoaglun: Madam Mayor, just a question for Mr. Bary. It's my understanding we don't have -- we have not entered into any of these contracts before or we don't have any current existing contracts where we are accepting outside sewer. Is my understanding correct? Bary: Yes, Mr. Hoaglun, that's correct. Hoaglun: So, we have not gone through a process of setting rates for the amount of gallons that will be metered through and trying to make that determination -- we have not gone through that process, have we? Barry: No, sir. But I directed staff to do a market analysis, if you will, in the valley as it relates to that very issue, to identify what other utilities were charging for services outside their service areas and we got anywhere from zero -- it's the same charge Meridian City Council March 10, 2009 Page 14 of 59 whether you're in the service area or outside the service area, to as much as two times the total rate. So, there is -- and that's not unusual in the business to charge anywhere from a one and a half to two times the normal rate as a buy back of that capacity or a loan fee, if you will, for the capacity that is temporarily used or indefinitely for that matter used. There is just a number of ways to try to get at the financial distribution of impact on capacity by these services being extended to organizations or property outside of our service area. Hoaglun: Okay. Thank you. De Weerd: Okay. Any other questions from Council? Do you have anything you would like to add? Thank you. Barry: Madam Mayor? De Weerd: Yes. Bary: Was it your desire to direct staff or Mr. West? If so, I will await that direction. Alternatively, I could boil down a couple of the things that you may want to consider in the direction for you. De Weerd: I think Council would appreciate that. Barry: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Before Tom does that, I have a question, I believe it's probably for Ms. Bonnie. Bonnie: Yes, sir. De Weerd: If you will just state your name for the record. Bonnie: Oh, I'm song. Stephanie Bonnie. Moore, Smith, Buxton & Turcke. De Weerd: Thank you. Rountree: We have heard there is a potential for the formation of this sewer district and I know you're not an odds maker, but if you could give me some assurance as to the likelihood of that occurring. It's in the process it sounds like. Are you pretty much assured it's going to happen or -- Meridian City Council i • March 10, 2009 Page 15 of 59 Bonnie: Madam Mayor, Mr. Rountree, we have already filed a petition. Because of the timing we would like to be able to make the May 26th election, so discussed about having a petition filed, even as we are going ahead with these negotiations, so that if the city were to discuss the potentiality of a contract, that we would be going forward with that district at the same time. That petition has been filed in district court. A district court will set a hearing on that within the next 20 to 40 days, so approximately one month. They are required to do that by statute. I'm just waiting for the day back from the court clerk and, then, if -- as long as the petition meets the statutory requirements, that will go to an election on May 26th. Provided at least a simple majority of the property owners in that potential district vote for the formation for the formation and based on the participation that we have had that in the petition, it seems very likely that we would be able to hit that number. So, to be honest as of yet I have not seen any road blocks to the formation of that district. Rountree: And it's a simple majority of those folks who vote or the residents within the district? Bonnie: Correct, sir. A simple majority, 50 percent, plus one person, of those people that actually would be paying the district that own property in the district. Rountree: Okay. Thank you. De Weerd: Okay. Anything else from Council? Council, would you like to hear Mr. Barry's -- Rountree: Yes. Bird: Yeah. De Weerd: Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. Just one point of clarification before I begin. Mr. Hoaglun, your question just a moment ago about whether or not we extend services in any contract basis similar to the situation being presented this evening. I had answered no. I just want to make sure that there are -- that's qualified. Bitter Creek Meadows Subdivision, for example, and others like that are outside of the city limits and we do extend services to those parcels, but under the condition that they have all signed consent to annex petitions, thus, removing the concern that we have here that those facilities -- or those properties would never conceivably be annexed at any point in time. When they are contiguous they will automatically come into the city and, therefore, that issue gets resolved. So, I just -- I know it's a fine point, but I wanted to make that clear. Hoaglun: And if I might ask to follow, then. Would we collect that hook-up fee at that point in time when they annex or has that fee already been paid or -- Meridian City Council March 10, 2009 Page 16 of 59 Barry: The fee has already been paid. Hoaglun: Okay. Thank you. Barry: Yes, sir. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: The parallel of that also is that they have built their system to the city's satisfaction; is that correct? Barry: That is correct, Mr. Zaremba. West: Madam Mayor, just one point of clarification, if I may. De Weerd: Uh-huh. West: In talking with Stephanie -- because I wasn't sure if I heard it right, but in response to Councilman Rountree's question -- and correct me if I'm wrong, Stephanie, but it's a simple majority of the people that show up to vote that are property owners, not a simple majority of the property owners only. Right? De Weerd: Okay. Mr. Barry. Bary: Thank you, Madam Mayor. As I have jotted in my notes this evening, I think I can boil down the Council's concerns to four primary issues. This may have bearing on how you direct staff to move from this point on. The first one is associated with the capacity. As I mentioned earlier, the capacity is a concern certainly. We are dealing with MPDS regulatory limits that even the plant capacity is greater than that, we cannot exceed at this point in time. Extending services to these subdivisions will tie up some of that capacity and compromise annexed properties. There is no way around that until we got through our MPDS negotiations with the Environmental Protection Agency. So, that is a definite impact that the Council would need to be comfortable with. However, the payment for that capacity, loans or otherwise, extended to the district, I think is something that is workable through an increase service charge or surcharge itself or some combination of appropriate hook-up charges during the contract, those sorts of things. So, I feel like that's workable. The second major issue is that of annexation. It would be highly unusual for one governmental agency in a contract to require another governmental agency to increase or improve its infrastructure with the intent that at some certain date in time the entire governmental agency -- in this case the sewer and water district, would dissolve and the city would take over the services for that district. And that would be highly unusual. So, that could be problematic from a legal standpoint. And I'm not qualified to make remarks on the legalities of that. But it will be very unusual for something like that to occur. The third thing that I picked up is the Meridian City Council March 10, 2009 Page 17 of 59 service upgrades. It is a reality, I think, to consider that it is quite conceivable that this district would never potentially be able to fully improve all of the infrastructure to meet city standards. It is equally conceivable that they could, but under an LID form of financing, I think it's more unlikely, because of the obstacles that need to be overcome in acquiring full financing under an LID mechanism. On the other hand, if they were to acquire say clean water state revolving funds through the stimulus package and were granted for all of their needs as submitted, they could within a two year period conceivably have all of their infrastructure surveyed and upgraded -- maybe a three year period and the whole issue goes away. So, that is a questionable, but legitimate concern. The second issue on service upgrades -- or, excuse me, I'm finished with the upgrades. But the last issue I had with stopping of service, the contract itself could allow for performance guarantees, which would, then, terminate service if those guarantees were not met. However, the likelihood of us say executing that termination agreement is probably fairly unlikely and, therefore, prevents the situation as Mr. Rountree earlier suggested that once the valve gets turned on, it in all likelihood would not be turned off. So, the remedies for nonpayment, the remedies for failure to perform, essentially, go without a hammer, so to speak, in bringing the -- the -- in meeting the performance expectations as written in a contract. So, I think I have captured at least the Council's concerns and with that, hopefully, we can move through this issue with some direction to staff and also the association. De Weerd: Thank you, Tom. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As difficult as this continues to be, I come down on the side of wanting to continue towards a resolution, which would mean putting more staff time into it. And, again, my concern is this is not the last one of these we are going to get and the more we -- the more we can do to get it right with this group, the better off we will be when the situation comes up with other groups. So, I -- I think I'm at the point of saying we seem to have captured the problems and I would be supportive of more staff time in trying to solve it. De Weerd: Thank you, Mr. Zaremba. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: And this is not a fun position to be, because we don't have many options up here as the -- and your clients. This is a -- this is a shotgun marriage if I have ever seen one. And from my perspective I think we are going to have to move forward and staff continue to find a way to make this work, but there is a lot of work to be done to answer some of the questions that Councilman Rountree, for example, raised. Very good Meridian City Council March 10, 2009 Page 18 of 59 questions on what are those fees going to be? How do they protect our current rate payers and the use of that capacity that may impact folks that we have already annexed and have agreed to provide to them when they build out and those are -- that's going to take some time, but I think we probably have to move forward and see if we can find some answers to that and work with you guys on making that happen and -- and I don't believe that we should hold neighborhoods hostage to a price that is exorbitant to what -- because they have no other options. But it has to be fair and reasonable to all parties involved and I don't know what that is and, Mr. Barry, you and your folks will have to give us some guidance on that and then -- and, then, if I'm satisfied for me, then, I might be able to move forward with that. But we are going to have to take a close look at that to see if that works. De Weerd: And it will need to be in short order. Other comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with Councilman Zaremba in terms of, you know, ultimately, we are going to be a part of the solution here and I would encourage staff to continue to look for answers to -- and work towards a solution. I am not in favor of it being, in terms of -- as Brad indicated, a shotgun wedding. I'm not about ready to go out and buy the ring yet. So, I think we spend some time -- again, answer some of these questions. I mean they are real issues to me and I think everybody else on both sides. How can the sewer district -- what mechanisms do they have to monitor flow, meter flow, tum flow on and off if payment's not made, so they can make the city whole for the services. If this is a term deal, what happens at the end of the term? We are not going to shut it off. Does it result in a short press battle about the City of Meridian annexing the 280 some people that don't want to be part of the city? I don't know. That's for some -- whatever we do, we are creating for a future Council I predict. And I don't want to leave them with some of the things that I have had to deal with over the years from other councils and some of my own decisions. So, I want some good, clean answers to some of these questions, so I can say comfortably, yeah, I think that's probably a reasonable solution. Let's craft those in some contractual language and move forward. Or if we can't get some clean solutions to some of these things, we will continue to try to hammer them out. But the bottom line, it's all coming down to money and the creation of a sewer district and their ability to generate finances to provide the services to their customers and, ultimately, the service that we will provide that entity, not those individuals. So, Tom, again, from my perspective, continue to work with Steve and Val and see if we can answer some of the questions and I think they will have some better information as soon as they get the reviewing done and as they move towards establishment of the sewer district. I know time is short, but we work on some fairly short fuses around here at times, so if -- if we have to talk about this on a weekly basis as to what the status of things are, then, we will do that. But get me some more answers, as opposed to suppositions and that's where I am, continuing to work on it. 0 Meridian City Council March 10, 2009 Page 19 of 59 De Weerd: I guess I would ask if staff could start working on what an agreement would look like and ask that you work with our representatives about an annexation plan and a timeline, bring back examples of what others are doing that extend services beyond their city that's in partnerships with another entity to provide those services and see if -- I think, Tom, you had mentioned some charge the same thing they charge their residents. But look at if there is an opportunity to recoup that lost hook-up fee over a period of time and if it's legal. I don't know. But I guess those are the kind of questions that I know have been struggled with since we started the discussions on we charge a hook-up fee to every other hook-up we receive. And this is a hook up. So, how do we recoup those costs and what is the appropriate vehicle to do so. Is it after a period of time when that renewal is made or is it during those monthly installments or what? And so I think what this Council needs are examples of what they can do, what others have done, and what would an agreement look like and, then, the last one is that annexation question. Because, again, the policy of the city has been if we extend services you annex. And this is inconsistent with that policy as well. So, those are some of the things that we need. We know the time is short and certainly as you heard Councilman Rountree, if we have to listen to this every week until May, they will do that. And we have it on the record. We will remind them. You said it. Rountree: That would be great. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not to add a complication, but I agree that at some point the end result does need to be annexation, because that is a requirement of services. I can see delaying that, because we certainly have Public Works issues about annexing. The complication I would add is at some point we probably need to know everything that needs to be done for this area to qualify for annexation, which means that we need to involve planning and zoning staff and probably fire and police as well, to really give us an idea of what is it going to cost your people to annex. Some of that may have already been done, but it does need to be included. De Weerd: And when I said plans, that is -- Zaremba: Okay. De Weerd: -- all part of it. And I know that planning has been working with us as well for some time through various iterations as well, so -- okay. Mr. West and staff, do you have enough direction at this point to move to that next step? West: I think so, Madam Mayor, and I appreciate that. We are going to move forward and answer questions for Rountree, even look at what else is being done and -- as well as the rest of the Council -- and take a look at what's being done in other parts of the valley and move forward to answer your question of what an agreement would look like • Meridian City Council March 10, 2009 Page 20 of 59 • and come back with potential solutions to the problem that have been identified, that perhaps if I may suggest given the timing, move that forward as a potential agreement document that would be considered and address the concerns that you're looking at having addressed. De Weerd: I think that's fine, Mr. West. But, again, what you have heard tonight is not nothing new. The Council continues to reiterate the issues they have expressed every time we talk about this. So, just looking for more information and a good solid plan. And if -- if you can work on that through the development of agreements, so that all those things are included in that, then, that's great. West: Thank you very much for your time. B. Public Works Department: 1. Reimbursement Agreement Sewer Trunk from Overland $226,212.00: with Linder 109 for 21 inch Road to Ten Mile Road for De Weerd: Thank you. Okay. Item 6-B is our Public Works director -- or Department. Director. Or is it Kyle? Barry: Madam Mayor, Member of the Council, we have before you under department reports two agreements for discussion this evening between the city and JLJ Enterprises. Mr. Jewett is here to address questions and perhaps make a statement on these two issues. You know, late -- and I apologize, but late this week we put on the agenda for your consideration a -- essentially a reconsideration of an agreement that you had approved last week. In that agreement for the reimbursement of services in the Overland Road, we had put a condition under Section E of the agreement that required that the developer was going to provide proof to the city that the developer had secured a letter of credit guaranteeing the completion of the Overland Road realignment project. This was to -- that was to be provided to ACHD so that ACHD had what they needed in order to move forward with the full project. He was to -- or the developer was to provide this evidence by March 13th of 2009. We had only today gotten response from Mr. Jewett as it related to his concerns associated upon final signing of the agreement with these changes or with that change -- I shouldn't say change, but with that condition that he wanted a financial surety which was acceptable to ACHD, instead of the letter of credit and we have submitted that change to you I believe in memo form and -- and this evening I had several exchanges with Mr. Jewett via e-mail to get his concurrence on this revision before it was brought to you and I was unable to obtain concurrence and, therefore, was going to recommend removing this back off of the agenda for consideration. The reason this particular agreement is on this evening and was -- well, it was on last week for consideration, is that it is one of several associated with the city and JLJ Enterprises in that vicinity and it was, essentially, an agreement that Public Works staff wanted to have worked out before we addressed any other agreements for reimbursement of projects in that vicinity. Since Mr. Jewett has not agreed with this E Meridian City Council March 10, 2009 Page 21 of 59 Is change, it is likely that we will get to March 13th without that condition being met and, therefore, termination of that agreement, which, then, cascades to the other agreement, which is on your agenda this evening, that being for reimbursement for the Linder 109 21 inch sewer trunk from Overland Road to Ten Mile Road, since the two are somewhat tied together. So, Public Works staff would recommend if we cannot get to agreement on the minor modification as presented to you in that memo this evening associated with the changing of a letter of credit to financial surety acceptable to ACHD, that we postpone consideration of the second reimbursement agreement, so that staff can work with Mr. Jewett to figure out exactly what his issues and concerns are, because up until now we thought we had all of those resolved. So, I don't know if you want to hear from Mr. Jewett on these two issues, but that would be Public Work's position at this point would be to pull both of those off for consideration this evening. De Weerd: Question for Mr. Barry? Bird: Let's hear from him. De Weerd: Mr. Jewett. Jewett: First time here in this new place. You want my name for the record? De Weerd: Please. Jewett: Jim Jewett, 1560 Carol Street, Meridian, Idaho. De Weerd: Thank you. Jewett: Madam Mayor, Council, I think there is just some confusion going back and forth. My issue with the e-mails with Mr. Bary this evening was simply on the 13th. It's the 10th. If -- if the agreement -- everything isn't dated on the 13th, whether I sign tomorrow, if you agree to it, the change tonight, would be null and void on Friday and it seems to be moot to do that when the possibility is 50/50 that all paperwork will get to ACHD by Friday. Our plan is Thursday, but -- and the real issue comes down.to -- we are well aware, you know, the financial markets have gone downhill since last fall and it's a constant battle for us in this industry every day to make sure we keep all the financial institutions on the right track and to date, you know, our bank, us, are still fully committed to complete Overland Road, even though we have pulled back on every aspect of South Ridge other than that. That is what we are proceeding forward with now without any other construction -- any other residential lots -- we are not putting anything else on the market right now, we are pulling back to just the simple public works project to get it finished. Last summer when -- when this agreement was first negotiated with Public Works, it was made clear to me by your Public Works director to his credit, that in the past some of the ordinances had not been followed and he had to turn some people away and say, sorry, we can't reimburse you. We can't afford that. You know, we need the reimbursement to what agreements are and as such I need to make sure the agreements are something that we can all live with. If I sign something 0 Meridian City Council March 10, 2009 Page 22 of 59 that I know that might be null and void in three days, it seems kind of mute to go back and start it all over again. So, what I simply asked staff late this evening was simply to tie the reimbursement into the completion by the June 30th date, which is what is worded in the other agreement we have. It's tied to that completion. And certainly everyone understands that ACHD is not going to allow us to put the water line in until they have the paperwork for the road. That's their right of way now and they are not going to let us go in there. So, there wouldn't be reimbursement if the water line never goes in. And that's a worst case scenario. But to tie it to a three day out window seems to be short changing the process when, really, the goal is completion by June 30th, open by June 30th. And so all I ask that you somehow modify it to simply read that the reimbursement is tied to the same verbiage in the sewer agreement, which is completion by June 30th. De Weerd: I don't think that's a big issue. I know Council wanted to have a date that the expectation would be completed by. If that's the acceptable language for ACHD as well, I -- but your comment about that you started your discussion with, you know, some might take exception to it. You would get paid if you followed the processes and policies that are outlined and so with that being said I just think -- Council is that small change something that you can live with? It doesn't change the intent of the discussion that was expressed last week. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The important date to me is the completion by June 30th. I -- whether or not we have to specify what date ACHD gets all of their paperwork, I guess I'm not so hard nosed about that one. But if -- if we have all clarified that however it gets done, this is completed by June 30th, that's enough for me. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Either a clarification from Tom or Bill on this particular section of the agreement and maybe Gary plays into this, too, but was this something that ACHD stipulated a number of months ago and, therefore, we included -- and is the March date a magic date or could that be March 17th or 24th or some other date? Barry: Madam Mayor, President Rountree, the language on March 13th is under Section E, which was a condition required of Mr. Jewett to insure on our part, on behalf of the city, that he had fulfilled his duties to ACHD to allow ACHD with certainty to continue the Overland Road construction project as a full five lane roadway, as opposed to pulling back and only incorporating a two lane road through the -- through the -- through Mr. Jewett's property. So, we have received -- staff had evidence an e-mail from Gary Inselman from ACHD saying that he was considering pulling the project back, 0 0 Meridian City Council March 10, 2009 Page 23 of 59 because Mr. Jewett had failed to provide a letter of credit or financial surety that would give ACHD certainty that they could build a five width roadway and, of course, that five width roadway has impact to water services as to where it's located, whether it's in the roadway or outside the roadway, a two lane road versus a five lane wide road and so we wanted, as a performance guarantee by Mr. Jewett, to incorporate language that obligated him to, essentially, commit fully with ACHD on the Overland Road project and Mr. Inselman had said that to do so Mr. Jewett needed to submit to ACHD some weeks back a letter of credit guaranteeing the roadway improvements. That has failed to happen and I have tried working with Mr. Inselman to come up with a mechanism that would encourage Mr. Jewett to execute his obligation to ACRD, which we are, obviously, tied to for water services. So, last week we had put the date of March 13th. Council had approved the agreement. It was with the March 13th deadline and on March 14th staff worked to get the final agreement back in front of Mr. Jewett with some of the very few modifications that had been made, so that he was comfortable before we executed the agreement. He was somewhat in -- out of reach over the last of couple days until very recently where we were trying to work diligently this evening to get his agreement to change this letter of credit requirement at Mr. Jewett's request to the language submitted tonight, financial surety acceptable to ACHD to give him flexibility that the surety could be something other than a letter of credit. So, the fact that Mr. Jewett is claiming that three days is insufficient, I would agree somewhat with. However, this was supposed to have been completed last week, which we gave him ten days to do. So, because we are delayed on that, the March 13th deadline is now compromised potentially. Could that shift? Potentially it could shift at the Council's direction. Our concern on staff is that at what point is the deadline date for ACHD? You know, we just don't have what we need for Mr. Jewett and we are just going to build a road as a two lane road, in which case the value to the city is less than the value of the five lane road and, therefore, is tied to the reimbursement agreement. De Weerd: I guess we can ask Gary to comment. Rountree: Gary's here. Barry: Great. De Weerd: Nice to see you. Inselman: Thank you. De Weerd: Thank you for being here. If you will state your name for the record. Inselman: Gary Inselman representing Ada County Highway District, 3775 North Adams, Garden City. De Weerd: Thank you. 0 Meridian City Council March 10, 2009 Page 24 of 59 0 Inselman: Madam Mayor, our agreement with Mr. Jewett has a completion date of October 31st. The -- so, you know, his commitment to the city to complete it by June 30th is just fine with us. It is for half of the project that we anticipated, but it still gets the realignment portion of the road completed. The issue with financial surety is we do need that before we can allow him to begin construction, because once it starts we can guarantee that we can finish it if there is a default on their part. I did have a conversation with your Public Works Department today about, you know, a letter of credit versus another form of financial surety and that's what we have been trying to work out with Mr. Jewett. The dates keep kind of slipping, so that's prompted an e-mail from me to Mr. Jewett a week or two ago. You know, we are seeing reduced revenues and some budget constraints and I wanted some assurance of when we may see that, because I do have money budgeted to this project in this fiscal year that if it's not going to happen, could go to other projects or be used to do what we could on our own to try and make a connection there. But we certainly have had no plans made or approved by our commission to do anything other than what our agreement with Mr. Jewett is today. Do you have any other specific questions? De Weerd: Council, any other questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Have you been given any deadline by your commission to say on this date we are going to move this money? Inselman: Councilman Zaremba, I have not. Zaremba: Okay. Inselman: We want to see this project happen as much as anybody else. It's just that, you know, I'm trying to work with Mr. Jewett to get a date when we will see this. It was last October, then, December, then January, February, March. At some point we will reach a point where he wouldn't be able to complete the construction and we would have to look at other alternatives. Zaremba: I will ask everybody individually, I guess. But if we propose the new deadline was one more week to the March 20th, is that a deal breaker? Inselman: Not for ACHD. The project they will build at this time I think if they started in May we would still be fine to complete it by the end of June. Zaremba: Okay. I'll ask the same question of Mr. Jewett, then, I will ask it of Mr. Bary. De Weerd: Thank you, Gary. 0 • Meridian City Council March 10, 2009 Page 25 of 59 Bird: Thanks, Gary. Zaremba: Can you live with March 20th as a deadline? Jewett: Well, let me clarify that with a few more clarifications. First of all, we did issue a letter of credit to ACHD for the bridge construction and the bridge construction has been ongoing for several months now. It's in the backfill stage right now, to try to get a March 15 deadline from the irrigation company. So, we -- we have moved forward with segments of it. Instead of doing it as one big package, we are taking it in smaller packages. Let me explain to you what the difference between the different sureties and why it may be problematic. In the current state of our -- the banks, to issue a letter of credit they, essentially, want to double lend the money. They want to say, okay, you have -- let's just use a million and a half as a round number. They want a million to build the road, okay, here is your million and a half. But if you want to issue a credit -- or a credit for 110 percent, then, we need to have collateral for another million six fifty. And that in today's market is just not doable. And that in past markets has never been required. You have cash, a letter of credit is backed by the cash, but today's market they want that double. So, that's where the problem where we simple propose giving ACHD the cash saying -- and you would distribute it back to us as the project proceeds. Simple. ACHD's agreed to it. The bank needs this agreement to finalize the budget. Budget. Budget. Budget. They need this agreement to know what's coming back from the city on the water main, so they can finish the budget and approve it. It's really that simple. So, when I say I need time, I need time from when this agreement is signed for the bank to approve the budget and issue the approval and, then, the check will be cut and sent over to ACHD. They will hold the money for the water main and when the water main is finished they will do it. It's really that simple. That's why I say I can't sign the agreement that I have potential of failure. Failure is not an option to me. It's not. Zaremba: While I'm -- I'm sensitive to it would probably fail by the 13th, but can you get all this done by the 20th? One more week. Jewett: I can't -- I don't believe I can sign an agreement that says the 20th. I believe that we might be into April. So, if I sign something that says the 20th, the 21st I have a null and void agreement. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Jewett's already indicated he'd like language in here that the completion date is June 30th. I think that's something that we have all looked forward to. I would propose that we put language in Item E and that the language state that prior to the start of construction in 2009, the developer shall provide surety to ACHD. That's not a date certain, but you will. But the date is you're going to be done by June 30th or you're not going to get any of this. Meridian City Council March 10, 2009 Page 26 of 59 Bird: I second that. Hoaglun: I third it. Jewett: See you later. Rountree: Thanks, Jim. I hope you were someplace fun. De Weerd: Okay. Rountree: Does that work for you, Bill? Nary: Absolutely. De Weerd: I heard a first and a second and a third. Zaremba: And a fourth. De Weerd: Okay. We had a motion last week and Council did you need to make any changes to that? Or was it your desire to? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, what we were simply seeking was your direction, which I think your motion covers that, but you probably actually need to vote. De Weerd: Well, it wasn't really a motion either. Nary: But I think that was the only issue left was this date and what's satisfactory to ACHD. It sounds like that's something that can be worked out. The June 30th date was the critical one. So, I think we just need some finality to that and I think it's the same for the -- for both of these agreements and so we can get it done. De Weerd: Okay. So, would you like to make a motion, Mr. Rountree? Rountree: Madam Mayor, I would move that we change the condition E-1 and remove the date and add the verbiage that prior to the start of construction in 2009 the developer shall secure finance or surety acceptable to ACHD, etc., and that we also include in this -- this agreement already has the June 30th completion date in it, if I'm not mistaken, so that's -- Nary: That's correct. Rountree: All right. So, that's the end of my motion. Meridian City Council March 10, 2009 Page 27 of 59 Bird: I second that. De Weerd: Okay. I have a motion and a second. Any discussion? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Is that covering both item B-1 and 2 or just one? IitM61 Rountree: That's -- that's -- Bird: You're just covering one. Zaremba: Which one? Rountree: That would be -- that would be B-2. Bird: We'll have to do one by itself. Zaremba: Okay. Just wanted to clarify. De Weerd: Okay. Any other discussion? Okay. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. We did add another item to department reports. Bird: Madam Mayor -- Rountree: Madam Mayor, we -- that was, actually, ahead. We need to -- we need an action on 6-B-1 and I have a question for Kyle or Tom, either one. I think that's already been agreed to by Mr. Jewett, so I would not -- I would move that we approve the agreement in item 6-B-1. Bird: Second. De Weerd: Okay. Any discussion? Anything on that? 0 • Meridian City Council March 10, 2009 Page 28 of 59 Barry: Madam Mayor, we were going to hold that agreement up until we got resolution to the first one that you just got resolution to, so we are fine with moving that back on and moving forward and it has been signed by Mr. Jewett. So was the one last week. But we are proposing now that you can consider that and make a motion on it. De Weerd: Any discussion by Council? Okay. Hearing none, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Purchasing Department: 1. City Hall Enhancements: De Weerd: Okay. Item 6-C we moved to the end of the agenda. Item 7: Items Moved from Consent Agenda: De Weerd: There were no items moved from the Consent Agenda. Item 8: Continued Public Hearing from November 25, 2008: AZ 08-005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72 acres) and C -G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies — Northwest Comer of West Amity Road and South Meridian Road: Item 9: Continued Public Hearing from November 25, 2008: VAR 08-008 Request for a Variance to UDC 11-31-1-4 which prohibits new approaches from directly accessing a state highway to allow 2 right -in / right -out access points (approximately 660 feet from the north and south intersections) and 1 right -in / right -out / left -in access point at the'/ mile to State Highway 69 / Meridian Road for Meridian and Amity by Hawkins Companies — NWC of W. Amity Road and S. Meridian Road, south of Harris Street: De Weerd: Items 8 and 9 have been requested to continue to June 2nd, 2009. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council March 10, 2009 Page 29 of 59 Zaremba: I move that we continue Items 8 and 9 to our regularly scheduled meeting of June 2nd, 2009. Rountree: Second. Hoaglun: Second. De Weerd: I have a motion and a second to continue Items 8 and 9 to June 2nd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from February 24, 2009: AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L -O district for Kings Congregation Church by King's Congregation —1201 E. Victory Road: De Weerd: Item 10 is a continued public hearing from February 4th on AZ 08-014. 1 will ask for staff comments. Canning: Madam Mayor, the applicant had requested on Items 8 and 9 that the applications be continued to June 2nd. Rountree: We just did that. De Weerd: We just did that. Canning: Did you already do that? Am I -- sorry. De Weerd: But we appreciate you -- Canning: Sony. My head computer had turned off. I had to focus on it momentarily. I apologize. This is the King's Congregation project. It's located at 1201 East Victory Road and the applications before you tonight are annexation and zoning of 2.74 acres and they are requesting L -O zoning. The church is currently operating at the existing 7,000 square foot building and it formerly housed the grange hall. You may know that icon out there. The applicant has submitted a conceptual site plan and building elevations showing how the site is proposed to be developed and it is in phases. They would use the existing building in their first phase and this dark line indicates the extent of the first phase that they would improve the parking lots and the landscaping and, then, the second phase would include a new 42,500 square foot building on the southern portion of the site. This is the first phase elevations and the changes they would make to the existing grange hall. They are doing a new color scheme and, then, and blue metal roof is existing. And, then, the second phase the new structure, this is what it would look like and they have kind of designed it to compliment that better than the existing 7,000 square foot building. The Commission recommended approval at Meridian City Council March 10, 2009 Page 30 of 59 their January 15th, 2009, public hearing. Ty Morrison and Allen Burrows spoke in favor of the application. No one spoke in opposition, commented, or provided any written testimony. There were no key items of discussion by the Commission. There were no changes to staffs initial recommendation and to our knowledge there are no outstanding issues before City Council and we have not received any written testimony since the staff report was forwarded to City Council. With that I will answer any questions Mayor and Council may have. De Weerd: Thank you, Anna. Council, any questions for staff at this time? Rountree: I have none. Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have one mostly irrelevant question, but what happened to the grange? Canning: The first building is the grange. That is the grange -- existing grange. What happened to them, I don't know, sir. I thought you meant the building. Zaremba: The association -- Canning: I'm not sure. Perhaps the applicants could tell you. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Question for Anna. This really goes beyond their request for annexation and zoning, but I look and see their plans of 42,000 square plus -- foot plus building on 2.74 acres. Is there going to be enough parking for that? Canning: It's sufficient parking to meet our code and you can see that they have got a fair amount of parking around the building. It does meet our code. Hoaglun: It does meet code. Okay. Great. Thank you. De Weerd: Would the applicant like to make comment? Please state your name and address. Morrison: Madam Mayor, Councilmen, my name is Ty Morrison. I represent King's Congregation Church as the applicant. Obviously, we have no issues with the recommendation that's before you this evening. In answer to Councilman Zaremba's Meridian City Council March 10, 2009 Page 31 of 59 question what happened to the grange, the grange is still there and they are sitting out there right now. The issue was kind of a complicated one that had to do with the fact that the county no longer would grant the grange tax exemption and for various reasons an offer was proposed to King's Congregation to purchase the building and we conditioned that option on seeking the approval for annexation and rezoning of the property into the city. And I kind of tongue in cheek am pleased to say that we will connect to the sewer and the water. Zaremba: Thank you. De Weerd: Thank you. Another way to say it, thank God. Morrison: About the only other thing that I would like to state is that we have submitted a project in two phases in part because of the requirements for annexation and zoning. We certainly have plans for the first phase and we certainly understand the first phase and we are willing to enter into a development agreement with the City of Meridian that would condition the second phase of the project. However, we, at least at this point in time, have no need or desire to expand to the second phase, so the second phase represented one of those rare opportunities to design a what if, as opposed to a what we want, and, you know, as we hammer out the development agreement, we recognize that at some point in the future we may have to come back in for a slightly scaled back version of phase two. This does represent the maximum that we could develop on the - - on the site, so we chose to present that for consideration. De Weerd: I thought our biggest question was going to be where are we going to hold elections. Canning: Madam Mayor, I did want to say -- I was talking to staff today, that I think that this is one of -- actually, an exceptional example of how an existing property that doesn't meet all of our codes thought about how they could bring it in incrementally and meet those codes and address the things that the city was looking for while, basically, kind of holding off or phasing in improvements on the rest of the property and I did want to compliment the applicant and whoever is helping them, that they did a really nice job thinking about what the city might need in addition to what they would need. De Weerd: That's high praise. Morrison: I appreciate that. I don't get that very often. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. • Meridian City Council March 10, 2009 Page 32 of 59 De Weerd: Thank you very much. This is a public hearing. Is there anyone who would like to provide testimony on this application? Silva: If I may add just a clarification to a part that we called out in the staff report that due to the age of the building there may be some concerns and this was specified in the staff report, that we may have some concerns about the exiting systems that lead out of the basement. So, we just requested a condition of annexation that the exiting systems be brought up to the current standard. Canning: Madam Mayor, might I ask the fire marshal a question? De Weerd: Yes. Canning: Mr. Silva, are you saying that needs to be added or you're just pointing out to the applicant that that was one of your conditions? Silva: I just want to point out the clarification that that may need to be added with respect to the exiting out of the -- and particularly out of the basement, because of the size of the basement, the building's unsprinklered, and the travel distance to the existing exit. De Weerd: Okay. And did you have that comment as a written comment and have you been in discussion with the applicant? Silva: We have not been in discussion with the applicant lately. We had been -- there had been a phone call from the applicant previously -- or a representative, I believe, from -- representing the applicant some time ago, and they had indicated they were going to do some sort of analysis with it, but I have not to date seen anything yet. We would be willing to work with them to come up with a time schedule to, you know, meet any of those requirements. Item 3.9 on the report. De Weerd: Okay. Morrison: Madam Mayor, Councilmen, Mr. Silva, we are aware of that requirement. We have met with the -- a representative of the city fire department and discussed the fact that the current exiting in the building leaves a little bit to be desired. And we do understand that those are -- that that is a condition that we would need to satisfy. Our understanding is that that would be a requirement that would have to be satisfied as part of the, A, development agreement and, B, the certificate of zoning compliance that we still have as an issue to resolve. De Weerd: Okay. Thank you. Any other questions for the applicant? Thank you see no further testimony. Mrs. Canning, do you have any further statement? Canning: No, ma'am. The applicant did mention there is a development agreement. We are recommending that. Meridian City Council March 10, 2009 Page 33 of 59 De Weerd: Very good. Council, if there is no further information needed, I would entertain a motion to close. Rountree: So moved. Bird: Second. De Weerd: I have a motion and a second to close Item No. 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request on Item 10, AZ 08-014, subject to staff and applicant's comments. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Purchasing Department: 1. City Hall Enhancements: De Weerd: Thank you. Okay. We did move department reports to the end of our agenda and seeing that Mr. Watts is here, I will go ahead and ask for under department reports, Item C, our purchasing department regarding City Hall enhancement. Watts: Good evening, Madam Mayor, Council Members. De Weerd: Got your tour all done and -- Watts: I did. It went well. Thank you. Everybody was very impressed. They were -- they thoroughly enjoyed the tour. Thank you for the proclamation, by the way. That was much appreciated. Meridian City Council March 10, 2009 Page 34 of 59 De Weerd: You bet. Watts: Tonight I am trying to bring all of the wish list items together in one -- in one report. I have Eric here tonight and I believe Ed is on his way as well, in case you have questions for them. I have, essentially, turned the construction and the maintaining of these items over to Ed and Eric, but I have been the keeper of this list thus far. And if you have any items that we do not have on, we will be happy to add them to our list tonight as well. And Jaycee is passing out the list to you right now that -- this is a combination of the list that Eric, Ed, and myself have had. The items that are listed on the list in red have been completed. There are several on here that we do not have firm costs on, but we have on the list just for yeas and nays to move forward or not -- with pricing as well. The first one is the microphones in that multi-purpose room up front when you first walk in the door, at one point I know Will Berg had talked about getting wireless microphones in there for other agencies to use and we don't have a spec on it at this point. If Council would like we can move forward with getting quotes and specs on those microphones and what it would take to run that room from a separate standpoint from the clerk's equipment. Holman: Madam Mayor, Members of the Council. Mr. Watts, I believe, if I understand with limited knowledge of electronics, the way this system works -- we have a rack in that closet and there is a section that looks like a receiver where you tune the digital mikes and we have digital mikes for this room. What we have already in that little room that's kind of like the observation into MUBs, there is a rack mounted up in the ceiling that's about a quarter of the size of this one here, which runs the audio-visual in those two rooms and my assumption would be it would be in addition to that system, but I would think some of that -- a good deal of that cost was already -- we have already vested that in the system that's mounted. It runs those two rooms. But that's just -- that's how I think it would work. Watts: I believe that is correct. That's -- what I was saying, in addition to what we have already. There are jacks in the walls in there -- I believe actually in the wall. It's a hard mounted jack system for microphones and other items in there. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: That's not real high priority with me. Bird: Second. Zaremba: Madam Mayor, it sounds like something that would be nice at sometime in the future. I guess my question would be are they going to operate independently, so that there could be a meeting in both rooms using microphones? 0 Meridian City Council March 10, 2009 Page 35 of 59 E Watts: Madam Mayor, Members of the Council, Councilman Zaremba, I believe so, because the way we walked through the system there is two different digital tuners and one is for each of the mikes. That's what we have here. We actually have two different ones, so I would assume that that's what we could do in that room also and, then, have one that's dedicated to each room. But, again, that's a guess on my part. De Weerd: And I guess I would echo the other Council Members comments. Those are small enough when they are divided into two and not that large that someone can't hear what's being said. Watts: Agreed. De Weerd: Not a high priority. Watts: Okay. I will put that on hold until further notice. Item number three on my list was changing of the light fixtures in the plaza from the bright white light to the yellow high pressure sodium. That was discussed at one point. It's been put on hold. Estimated cost on that was merely 20,000 dollars. Hoaglun: Madam Mayor? De Weerd: I guess it ruins the ambiance during an evening performance, but, you know, at this point, until even we look at LEDs and solar type of options -- Hoaglun: That would be my comment, Madam Mayor. You know, unless there is some energy savings there to offset the cost of that, I think we can wait on that. De Weerd: I would have been nice if we could have done it right the first time, but -- Watts: Correct. Item four I have on here was the heated water for the entry pools. We put that on hold. That had been discussed to possibly put something like cattle trough heaters in to try to keep it just from -- just from reaching the freezing point. As you know, that was not done this winter and we did have a period where the reflecting pools froze over. If you would like, we can instruct staff to move forward to get pricing on a low cost option to possibly heat those pools. It would -- from talking with the people who designed it and our own staff, it would be a trial and error process of relatively very inexpensive cattle trough heaters. Something similar to that. Hoaglun: And, Madam Mayor, those go on sale during the spring at D&B, so -- Bird: And they work about half the time. Rountree: And on Tuesdays you can get senior prices. De Weerd: You're getting a lot of help here. I guess the ancillary question here is are the pumps designed to run year around? 0 Meridian City Council March 10, 2009 Page 36 of 59 Watts: I don't believe that was an issue when we have discussed this -- the pumps -- as long as the water didn't freeze it wasn't going to affect the pumps at all. Rountree: Madam Mayor? De Weerd: Yes. Rountree: You know, we can debate all one hundred of these things on here, but it seems to me that this one -- we take the water out of the system in the winter, winterize it and be done with it. We are spending a lot of money on energy pumping that water and now we are going to spend some more energy heating it. I'd say let's get it out of the system and not have the sidewalks get splashed on and icy, because, then, we are going to start putting heating elements in the sidewalks and on and on and on and on. De Weerd: You must be in a better mood this week. Okay. That's no. Watts: Okay. Rountree: For me. Watts: Item five deals with some card swipes and I believe Bill Nary has some information on the card swipes that he could share with you. Nary: Madam Mayor, Members of the Council, we have talked about these before. These are the card readers' access. There is some that we have considered to be higher priority. One of them is the -- in the basement there is a women's locker room. A number of women have asked if we could put a card reader on that. We do have contractors in the building that have access to the basement and, of course, employees have access to the basement. And the number of women that approached me about it were concerned about safety and security, at least in the locker room. We don't have any card reader on the workout room, because you have to have access to the basement to use it. We haven't had an issue of security in that area yet. I think I did request Mr. Jensen to see when -- it could be a cost to adding a window to that door, but that would probably at least help with the security. I think the last time we spoke about this the biggest priority security concerns that we had for the card readers was both for this -- the chambers here, there is no security at all for this room from the lobby and, then, second -- and so when there are events here that are not city events, there is no one that -- that can -- there is no way to prevent access into this room with all the equipment and such that's in here. And, then, the other one we have talked about a number of times and we -- I would like to at least price out the cost of -- it appears at least for my office there is a plate. I don't know if there is any wiring attached to the plate. It appears that somehow contemplated to put a card reader for our front door of my office and it never was installed. So, there is a plat in the wall. I don't know if there is wiring. We would like to have some security. We have no front door security for my office. There is three doors that access the rest of my office and the files and such, that • Meridian City Council March 10, 2009 Page 37 of 59 • every night have to be locked by my staff and the custodial staff to be sure that nobody can access the sensitive information we may have. And secondary -- De Weerd: Mr. Nary, you want to just go over which locations you're recommending. If Council has any questions on why any of those places are in there, then, we will ask for more detail. Nary: Certainly. The primary ones that we have discussed a number of times are my office, the Mayor's office, and the Council chambers and, again, the women's locker room in the basement. I think those are the biggest priorities. There is a number other ones that at some point in time it might make some sense to have more of a plan from a budgetary standpoint, but right now I think those are the priority areas. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: If putting the card reader on these sets of double doors is part of the thought, then, that solves a question I was going to ask and that's this second hallway over here. You need a card reader to get into it from the first hallway, but you don't need a card reader to walk in from here. So, I -- I have been curious about that and if we are putting them on those doors, then, that solves that problem. Nary: The intent of this -- the reason this door doesn't require it is because it's an exit door for fire. But, yeah, without it having on these front doors, you're right, there is not -- but once you get into that hallway without a card reader you can't get anywhere -- Zaremba: Right. Nary: -- except to exit out again. The Council conference room here, it has a key lock door, they can't -- as long as the door is locked in there, can't access in there. But this is the one that's been the concern, because, again, if we have activities or events here that aren't city events, there is no city staff here. Hoaglun: Madam Mayor? De Weerd: Uh-huh. Hoaglun: Mr. Nary. So, these doors cannot be locked -- I mean as they are configured now -- Nary: No. Hoaglun: -- they cannot be locked? Meridian City Council March 10, 2009 Page 38 of 59 0 • Watts: You would have to add hardware to it. They don't have a locking mechanism on the handles as they are. Bird: They have a -- you can lock them from the inside. Watts: Yeah. Bird: The panic hardware can be locked down and you can't get in from the outside. Watts: You can? Rountree: Got to have a little wrench. Watts: Is that with a dogging key, Mr. Bird? Bird: Yeah. Watts: Yeah. Bird: You can lock them down and, then, they can't get in from the outside. Jensen: I also had another location that I was kind of putting in priority when I talked to Keith and that would be the janitorial closet downstairs and the big reason for that is right now we have the janitorial staff taking keys home at night and by putting a card reader there they would gain access to the building through a card and into that that would be a recorded event and say if they were let go or didn't show up for work, the card could simply be shut off and we wouldn't have a key out there that would -- in order to really make the building secure again we'd have to do a lock change out. And with that card access that we'd ultimately provide better security for the building with a recorded event. Watts: Yeah. We would be -- the city would be experiencing the cost of eliminating the cards, rather than being concerned that we have actual keys out there. De Weerd: Okay. Council, any comments on this? Move on? Okay with it? Zaremba: Yeah. I would move it ahead. De Weerd: Okay. Rountree: I would get costs, because we still need to sit down and say, you know, what's a priority. De Weerd: Well -- and that -- if we can get through this list we will drop off what you nixed and, then, bring a completed with costs back. • Meridian City Council March 10, 2009 Page 39 of 59 Rountree: Okay. De Weerd: Okay. Mr. Watts. • Watts: Number nine I'm going to need just a minute. Item number nine we are going to have to get additional information on. It appears it has been approved from -- but I will get information and bring that back. We jump to item 11, which were additional rooftop lights that were suggested to flood the wings of the building. De Weerd: No. Rountree: No. Watts: Okay. Number 14 was the remainder of the signage revisions, which had been already approved and put in place and the sign contractor has told us all signage will be completed by the end of this month. Number 18 is the HVAC vent relocations for various departments. It was estimated at 15,000 dollars by Petra to move floor boxes and possibly the VAB boxes. I will -- I will ask Ed and Eric to comment on this at all. I don't believe we are having nearly the complaints that we had when we first moved in, but Ed would know that -- I mean, excuse me, Eric. Jensen: Through educating the occupants of the building, we have been able to eliminate a lot of that, for them to understand the migration of the heat from the outside to the center, you know, during the heating season and we have moved a number of the vents with the temporary help that is familiar with the building. We have probably accomplished about 70 percent of it. They did that, along with a few other tasks for around 2,000 dollars, I believe, is what we have spent so far in accomplishing that at this time. I would think we would be looking at maybe another 1,500 tops to complete any other items that would be needed to -- for these vent relocations right now. Watts: So, in order to accomplish this as staff we would have to hire Labor Ready back I believe is what Eric is saying, for around 1,500 dollars to come back and move the additional vents. De Weerd: So, 1,500 versus 15,000. Watts: That is correct, Madam Mayor. Zaremba: Madam Mayor, I'm in favor of making the staff as comfortable as we can. think that's a fair amount to spend for that. De Weerd: Okay. Any other comments? Okay. Move on. Thank you, Eric. Watts: The next item is the -- the electrical block -- or boxes in the small grassy area out in the plaza. I spoke with Ed on this and we have not yet a price on that, but we • Meridian City Council March 10, 2009 Page 40 of 59 wanted to get a price on lowering those boxes in ground. Besides being an eye sore, I just think they are a trip hazard the way they are set up right now and I don't understand why there were built that way to start with. De Weerd: I don't either. Watts: And we have electrical boxes on a four-by-four post that sticks up about six inches off the ground -- six to eight inches off the ground. There has got to be eight to ten of them out there in that small grassy area. Hoaglun: That's one of those that if they would have done it right the first time it would have been fine. They just didn't do it right. Watts: And we will move forward with getting prices and we'll bring that back. The next item is -- that one's -- I'm going to go to number 37. That is -- I think it's from the -- it's the etched glass for the city clerk's area behind the reception area. I do have one quote so far for approximately 2,400 dollars and that is for the glass, the framing, the etching. There is still a separate price. I'm awaiting a second quote from another manufacturer -- or contractor as well and I will bring those prices back to you for a yea or nay once I get the second quote. De Weerd: Okay. Watts: Number 38 is the -- the noise that we hear up in the third floor lobby in front of the Mayor's area, which is estimated -- or anticipated to be corrected with a blanket or insulation up in the ceiling around the piping, I believe, and I will let Ed just talk about this as well. De Weerd: And is that the -- in the art gallery the loud -- Watts: Correct. Yes. Jensen: Exhaust fan number two is what it's referred to on the mechanical drawings. De Weerd: Okay. Ankenman: Yes. They make a blanket to cover that. It helps -- it's a sound blanket with insulation in it. It's designed to keep the noise from emitting past the unit and we anticipate if we put that on we can eliminate a lot of the noise in that area. De Weerd: Wouldn't that be considered a design flaw? I mean that was for a livable workable space. You know, why wouldn't they have sound proofed it? Watts: Madam Mayor, I agree. I view that as the same as you do. We have met with the contractor and the architect and determined that they bid -- built it exactly as it was designed. I have a hard time with -- with the contractor just walking away from it, 9 Meridian City Council March 10, 2009 Page 41 of 59 because that's what was on the paper, see the contractor's point of view as designed and I agree it is a design flaw. • even though it still is making a loud noise. I can well, as he -- he bid it and constructed it as Bird: Maybe we need to talk to the mechanical engineer that designed it, let them help pay for it. Jensen: Madam Mayor, Council, I had a conversation today with the commissioning agent Chuck Hem with Heery, the one that the city hired in commissioning this building and this item came up and that's something that he has taken some interest in in also pushing back on the engineering and seeing if there is some other options or if they will accept some of the responsibility is what was discussed today. I'm supposed to follow up with an e-mail to him and he was going to see what avenues he would have to take for the city. De Weerd: Thank you. If you can provide that update when you bring this back. Watts: We will do so. Thank you. The next item is number 39. This is for a hoist for the artwork that the arts commission has commissioned for the main lobby. The artist has -- had came back to the city and recommended that we put a hoist or a winch system in to be able to lower the artwork for cleaning and I believe there was also some safety issues, possibly, with it as well. Originally he wanted to put a winch in and they thought that they could absorb the cost of a winch in the cost that -- for the entire art piece. After researching it was more expensive than they thought. The artist would like the city to pick up the cost for that hoist. They had to move from a winch to a hoist for an amount of 2,300 dollars. Just roughly right at 2,300 dollars. De Weerd: I thought it was the city's recommendation that they move from -- Watts: The artist actually brought that to us. They had put a piece in in the Seattle airport, I believe it is, and they had commented how dirty it was and they recommended that we put a winch in to bring it down for cleaning. Jensen: Madam Mayor, on that item they originally had proposed a hand type of winch, which we requested at the time the -- an electrical one, but they hadn't looked into the specs on it and for safety it had to be an actual hoist, not unlike something you would use in a fabrication shop, because it would be -- you would have the same risk as somebody working underneath a hanging object. This will also have an additional safety cable as a backup, but it could not be just a free wheeling winch assembly, it has to actually be a hoist for the safety concerns. De Weerd: But this is for the maintenance and -- of this piece, it's not part of the art, it's part of the building. Watts: It is not a part of the art piece. It is for the maintenance of the art piece. i • Meridian City Council March 10, 2009 Page 42 of 59 De Weerd: Okay. Watts: The city's mechanical engineer also, Jen Stapley, has also reviewed the hoist and the specifications and she agrees with what the artist has proposed. Bird: Madam Mayor? De Weerd: Yes. Bird: Is 2,300 a solid price, Keith, or is that a guess? Watts: Yeah. I believe it was like 2,295, Mr. Bird. Bird: I think it's a good buy myself. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, I think we did previously discuss this when the arts commission did their update for you. And I do agree that part of the concern was the safety aspect as well. I think the 2,300, to be honest, is really just the cost of the device. I mean the installation of it is going to be done with the art piece, but it is really the cost of the actual device itself and that's what the artist couldn't afford to absorb that in addition, but they are installing it as part of the art. It is a safety concern. This is a 1,500 pound art object hanging in the lobby. So, any additional -- any additional assistance we can have to assure it's not going to fall I think is a good thing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, is this artist a qualified installer of something like this? You just hit it. That's a heck of a liability for everybody that walks in the building here. I'd feel a lot more comfortable if I had a -- if it was engineered and I knew exactly -- I thought this had all been engineered and the right amount of -- size hoist and everything was done and it would have to be wired up, it will have to have controls and -- Watts: It has been, Mr. Bird. The artist actually has their own engineer who engineered the design for this and -- but we did also run it through our own mechanical -- or structural engineer who worked on our building as well and got their approval as well. Jensen: Councilman Bird, we also at the same meeting had requested that they -- since it is a welded piece that they have the welds inspected by an independent source. We are trying to cover all the aspects, since it is in a public building to protect the city. C] Meridian City Council March 10, 2009 Page 43 of 59 • Bird: Because we are looking at quite a liability, so let's make sure we do it right. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add one more complication and that is that the controls to operate it should be in a secure area. Jensen: Councilman Zaremba, those will be, actually, in the ceiling out of the public reach. It is -- it will be on an SO cord, which you will, actually, remove the ceiling, bring that out, so -- and it will also be in the balcony area, so the person operating those controls is able to observe the movement of the piece and hopefully eliminate any injury, but, yes, it will be in a secure location. Zaremba: The public won't have access to the controls. Jensen: Not unless they start removing ceiling. We had originally thought about putting a key switch on the wall, but that would, actually, cost more and really not make it any more convenient, so we went with the conventional crank controls. Zaremba: Thank you. Hoaglun: Madam Mayor, does this mean that when I attend my first arts commission meeting tomorrow afternoon as Council liaison I can deliver good news? De Weerd: Absolutely. Hoaglun: We are going to cover this cost. De Weerd: Yeah. We will let you get off on the right foot. Okay, Keith. Watts: Thank you. The next item is a thermostat up on the third floor. With the redesign of the third floor area there was a thermostat that was neglected or missed or just not designed in Robert Simison's office upstairs. He is the only office in the building without a thermostat. De Weerd: Ah, it's only Robert. Watts: And we have to investigate to see if we need more than a thermostat. There may be other things that we'd have to buy as well. Ankenman: Yeah. On the thermostats in that particular area that one thermostat is in the copy room and it runs the heat box in the copy room, besides the heat box in Robert's office. And right he has to go in the copy room, tum it up or down, and it just makes sense to put it where he can use it. And I don't think that we have a lot of Meridian City Council March 10, 2009 Page 44 of 59 expense there, but it all depends on whether or not the cable is long enough to reroute from one office column to the next just right beside it and we have not investigated that to see if it is, in fact, long enough. If it is it's real insignificant. If it's not, we will have to get a longer cable, because they area full length cables, they are not spliced. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I'm understanding what you just said, is we already have the equipment, you just need to relocate it. Ankenman: That's correct. Zaremba: That works for me. De Weerd: Okay. Watts: Thank you. The next item was brought to me by Lila Hill. She has informed me that the -- the temperature and the humidity down in their storage area in the basement is not sufficient for their documents. She would like to be able to keep that area cooler. We have not investigated this any further. I knew it was going to be quite an expense that -- that she was saying that we have -- Ed and I have come up with responsibly putting a unit in that's like the units that are in our elevator control rooms in the basement. Hoaglun: Do we know, Madam Mayor and Keith, what the requirements are for properly storing documents and exactly what the -- I mean in the basement there shouldn't be a lot of fluctuation and kind of measure that to see are we within that range to begin with or is it just a preference to bring that down some more? Watts: I don't have any official documentation on what a storage -- historical document storage area requires. Lila had just told me that her -- she had document that were curling and peeling and she was concerned about what would happen later on in the summer. Holman: Madam Mayor, Members of the Council, I will be happy to call the state archivist tomorrow and find out what their standards are for their storage. De Weerd: That would be good, because, as I recall, a portion of this was being stored in the basement of the Idaho Independent Bank and I don't see how our basement's going to be too much different from what their basement was, so, yeah, Jaycee, if you could look into that and see if ours is that much different. Watts: We will do that, Madam Mayor. Thank you. I'll get that information from Jaycee and, then, we will -- we will document what we actually have in our basement. Meridian City Council March 10, 2009 Page 45 of 59 De Weerd: Okay. Does that sound reasonable? Bird: Yeah. That sounds good to me. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: But, then, the second question would be whether we need to build into the system -- if we do need to change something, do we need to build in a system or is there a movable plug-in system that could be -- Watts: I believe it would be an add on. I don't believe there is anything in the -- within the building that we would be able to do in that area. Because humidity is also an issue with her. De Weerd: What is? Watts: Humidity. Bird: We can definitely figure out how much the humidity is. It just takes a little -- I can get you a little tester. Watts: We will get that information and bring that back. Yeah. These next items I'm going to let Ed describe these and go over those with you. Ankenman: Madam Mayor and Council, I have on here some items that I have listed. The exterior paint on the roof and the miscellaneous steel, our architect is telling us that they did not have a paint spec for some of the miscellaneous items up on our upper roof areas. For example, we have structural steel holding up our chiller. We have some miscellaneous metal holding up brick facades and some of those items needs to be coated and for some reason that got missed and so we had our painters give us a quote and that's a pretty firm quote, I believe, of 1,910 dollars to get all that coated. Basically, to keep it from rusting and enhance the lifetime of the -- of the items up there. De Weerd: Any questions on this? Rountree: I guess do we know it's not Corten steel and it's supposed to rust? Bird: I thought it was, but -- Ankenman: No. I believe it is -- it's a mild steel, square tubing. Bird: Oh. Okay. 0 • Meridian City Council March 10, 2009 Page 46 of 59 Ankenman: A lot of their structural brackets and things like that that hold the chiller up are just mild steel, something they weld on all the time. De Weerd: Go ahead. Ankenman: The next item, item number 48, is -- I have listed a need for an I box for a backup unit. We seem to be having considerable amount of trouble with our I box units and we have six of them in our working areas throughout the three floors, just one for each half of the building per floor and right now we have one in for service and we don't have control over how the air handling units work without the I box sending signals back to the Yamas controller and Eric has got a real good handle on that if you want to add to that, Eric. Jensen: Well, the -- currently, all six are operating. We have had two failures since November and they seem to have a high failure rate. What happens is when that I box fails, it continues to operate, but we are not able to see into our front end controls. The only way that you're -- the only way that they are operating at the time is through the wall stats, so that the system's compromised while we are waiting for them. The last one took us a little over -- right at two months to get replaced, waiting, because they cavy one in stock, the company does here in town, but since we had two fail, they -- we were without one of the I boxes for about two months. De Weerd: Council, any questions on this one? Bird: Madam Mayor, I do. On these I boxes, how come -- is it a design flaw or what -- what is going on that we keep losing them? Jensen: It's -- well, it's the electric -- it's the brain that actually runs your floor units that communicates with our Yamas front end. The -- I haven't heard anything outside of what were experienced locally in this building. I do know that -- that same company is doing the Idaho Power building up in Valley county and they have gone away from the I box configuration where staff has the actual communication to the front end and they have eliminated the I box since. So, I would a my guess would be that the I boxes was not really the best design. They have since changed to where the thermostat is actually smart enough to communicate to the front end. But that's what we have is an I box and we are kind of stuck with it. Bird: I think you're probably right, Eric. De Weerd: Okay. So, no issue on this? Okay. I would have an issue on this next one. What is -- what is that? Is that my window? Ankenman: Yes. De Weerd: Well, I don't think it's the city's responsibility. Meridian City Council March 10, 2009 Page 47 of 59 Ankenman: And I've listed I think we can hold this against our CM that did the work there. We cannot pinpoint who damaged the windows in your office area and your conference room. They are damaged and we have that as verified from Custom Glass, they have come out and taken a look at them and they said it was due to the construction and nobody's caught them until now and Custom Glass is -- we'd like that replaced and -- De Weerd: They were caught -- they were caught at the walk through. Watts: Yeah. Bird: Custom Glass should replace them. They are getting away with it. Watts: Custom is claiming that they were installed without any flaws that -- that cutting of the steel studs has thrown elements onto the glass and has pitted those glass. Bird: That -- those look like hot flecks have been put to it. Where were you welding when you had the glass in? I can tell you it can come from the factory that same way. They can stand behind their -- behind their job. Have we held enough retainage? Watts: Yes, sir. Bird: Well, tell them -- call Sheldon and tell him to get over here and get them replaced. De Weerd: Yeah. Bird: And I will be glad to if you don't want to. De Weerd: What he said. Okay. Council, do you have any issues with the next two? think we have talked about -- I know at least 51, but, if not, we can go to next page. Bird: A phone in the penthouse is what you're talking about, Mayor? De Weerd: Fifty or fifty-one. Bird: I have a problem with that. Eight hundred dollars to put a piece of glass and frame in that door down there, I'd like to do them all day. De Weerd: No, we can't hire you. Bird: I don't know where you come up with that price, but I'm glad the company's doing pretty well. Ankenman: Councilman Bird, that's -- excuse me. That's just an estimate. We didn't get a hard bid on that one. And I was pressured in time and I did not -- I just give a ballpark estimate. That -- we probably can do a better job than that. • Meridian City Council March 10, 2009 Page 48 of 59 • Bird: What do we -- what do we need a phone in the penthouse for? Ankenman: I was just concerned about security up there. Sometimes we are up there without a cell phone and if someone was to get hurt, it's a floor and a half down before we get someone -- we can get a phone up there. It just -- it's more for a safety reason. Watts: I think we also discussed that if you had somebody up on the penthouse and somebody in another location in the building and they were working back and forth, they could have communication, rather than going up and down the stairs. Zaremba: Madam Mayor, I have a dumb question. What's the penthouse? Jensen: The mechanical room. De Weerd: The mechanical room on top. Zaremba: All right. Jensen: I would have to say that that's probably more the generous estimate on what that's going to cost. I have talked to Terry in IT. There is a chance of kind of back feeding through our controller that runs the building systems. A small chance that we might be able to do it a little cheaper that way and we just really haven't investigated that thoroughly. Worst case would be to bring a line out of the third floor north com room, which depending upon how hard that would be, we could possibly even do it in house. It would just take a little longer time. De Weerd: Okay. Just make sure if anyone goes up there they have to have a cell phone. Safety first. Jensen: Mayor and Council, there is one item that's not on here that I wanted to bring up and that is currently we have the generator that sits out there and has a -- an override button that anybody can push and the generator will not operate. We have had that happen several times and that's done for safety reasons, but we don't even know if it's been compromised unless somebody happens to walk by the electrical room in the basement and hears the alarm going off there. The building controls we have, the Yamas controls, have line capabilities and one of them is -- I got an estimate for 1,500 and what they will do is tie into the enunciator off the generator and those alarms would send a text to my cell phone 24-7 if that's been shut off, if the generator's running, which would tell you that you had a power failure and the generator's running. It would also log the generator run time when it -- when that is happening and, in addition, it also will, then, text as to operations of all the mechanical systems in the building, which if we had a -- the data errors go down in the server room, it would send a high temp alarm, so that when they are unoccupied nobody's here on the weekends you would receive notification that there is a high temp in that room and be able to address that issue. So, Meridian City Council March 10, 2009 Page 49 of 59 what it really does is give you 24-7 monitoring of all the building's critical systems and for 1,500 dollars I thought it would be a really good investment for the city. De Weerd: Council, any question on that? Rountree: Makes sense tome. De Weerd: Okay. Ankenman: Okay. Item number 52 is -- we have that set of stairways going from the third and a half floor up to the penthouse area where the mechanical room is there. None of that sheetrock got finished and the stairs never got painted. They still have just the -- the plain metal on that and we could -- we could do this in house. I think that needs to be finished up and dressed up as that's considered part of our building and part of our -- our overall look. And I just think that something like that is not a priority by any means, but I think it needs to be addressed sooner or later, so we can get it finished. The sooner we get this finished up the better it will look and -- and if we wait it could continue to deteriorate and may cost more down the line. Again, the amount there we just put an approximate -- we could probably get by for -- you know, if we was to -- to do it in house with some labor ready guy, we could probably do it for a few hundred dollars, instead of 1,500. So, that would be a consideration. Watts: And it is -- right now it is bare sheetrock with no texture or anything and it is dark in there. I think part of it was to brighten it up and make it a little bit brighter inside there as well. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are you going to paint the metal stairs, too? Is that what it -- is that -- so, this is going to be an ongoing yearly thing? Ankenman: Well, there is the stair treads. The rails. Bird: Yeah. Oh, the rails, not the actual treads. Oh. Okay. Yeah. I understand that, then. Hoaglun: Madam Mayor. You're going to -- you're going to tape the sheetrock. Has that been done? Ankenman: Yes. It's been fire taped. Hoaglun: And, then, you're going to texture it or just go ahead and prime it and paint it? Ankenman: I think we should just seal it and paint it. Meridian City Council March 10, 2009 Page 50 of 59 Hoaglun: Okay. Yeah. Ankenman: It doesn't need to be done fancy, but right now it's unfinished. De Weerd: Okay. Watts: Okay. We will move forward with that. Ankenman: And, then, the last item that I had listed was the barrel roof trusses and we have some outstanding issues that I have real heartburn about. On the -- on the barrel roof trusses we have metal that just didn't match, they have gaps in it. It just looks horrible and I'm ashamed that it -- it's up there and finished the way they want it finished. This is -- this is something that we need to discuss on someone else's dime to fix this, because it's just not done correctly. I'm not happy with how -- the roundness of the arch facing out front looks. It looks like it's bent and it should be -- look all the same and I don't know what it takes to get it that way, but I'm just not happy with how that looks and that's why it's listed here is this was a concern that I have. And now is the time to get this fixed. Bird: Have you -- have you discussed this with LCA -- and I agree with you a hundred percent, Ed. I think it's just crap, to put it bluntly. Why -- why the architect and construction manager accepted that is beyond my belief. I -- that's something that -- and this is where it goes back to the retainage of who installed it, have we got enough money held out, which, you know, we jump on Keith for not getting it out and, then, we jump on him if he did send it out. So, it's between a hard and the rock. But, anyway, think we need to have a sit down with the Mayor and the Council and the architect and the construction manager and get that thing taken care of, because that is not acceptable work, Ed. I wholeheartedly agree with you. I -- it just -- it's a poor way to finish out a 25 million dollar building, in my opinion. Watts: Mr. Bird, Madam Mayor, Council Members, I would also like to add another item to that same -- along that same line. I know it is not visual, but the two main beams that run along our barrel all the way back, I haven't been up in quite some time. I know they were going to attempt to make it look decent, but it is extremely wavy all the way down. It was -- it didn't look like it was sealed for water at the time. I think we definitely -- before we have that sit down meeting we need go up there and take some pictures and make notes and bring that up as well, because I'm not sure if they have corrected it, but the last time I did, it did not look very well. Jensen: The gaps into those welds up there, the only direction I had received from Petra was that was a springtime. They were going to actually caulk those gaps when the weather had stabilized, but that is all I had heard for resolution to some of that poor work on that. Meridian City Council March 10, 2009 Page 51 of 59 Bird: They are going to try to cover up their crappy work with -- with caulking? You got to be kidding me. Watts: I had not heard that, but that would not be acceptable, and I can't imagine LCA would accept that either. I sure hope they don't. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Are those beams purely decorative or do they actually have a purpose to support something? Ankenman: They are -- Councilman Zaremba, they are structural beams. They -- the barrel trusses go from end to end and they hold the gable -- or the -- the fascia together and the trusses are welded into this piece and it just comes down and hangs down and for some reason -- Zaremba: And if they are poorly welded they are not doing their support job. Ankenman: Well, I don't -- I'm not saying they are poorly welded, I think they are probably doing their job, but they didn't line them up and so when you look down through there, there is one that's here, there is one that's here, and, then, they didn't line the ends of the trusses up, so you have got them going this way, too. So, you got to go this way and this way, in and out and up and down, and it's horrible and I'm embarrassed that it's that way. Watts: Madam Mayor and Council Members, I'd also like to add to the record that we pointed this out extremely early on during construction and continue to bring this up with our construction manager time and again. I mean this was -- this was brought up way before we had any walls up, when they were actually putting that barrel up and it was brought up when John Anderson was here and I hounded John about it for months and never did get resolve on what they were going to do to correct. Like I said, I have not been up there for months, but I would like to get up on the roof again and take a look and see if they have done anything, but it sounds like they haven't. De Weerd: Well, it sounds like you need to bring us back that and the barrel issues that -- Watts: Correct. De Weerd: The barrel trusses or whatever they were. Watts: Thank you. Meridian City Council • • March 10, 2009 Page 52 of 59 De Weerd: Council, on item number 54, the interpretive panels. This is for the interpretive panels in the plaza, not on the wood panels -- the three wood panel things in the plaza. I don't know what they are. I don't know. I did ask Keith Watts to find out what those are, because, you know, I asked -- Bird: They aren't even supposed to be -- De Weerd: No, they are not. The interpretive panels -- we had some of the committee members from the Generations Plaza historical interpretive panels that are in that little pocket park together today. LCA had mapped out locations based on the amenities in the plaza and where the sign postings should be and they listed five locations. We have kind of moved two of those locations to other ones, but the estimated price tags -- you have listed on your sheet and what we would like to do is get those ordered -- they will be 30 by 36, 1 think. I turned off my computer, otherwise, I could tell you. But it will be the same material that was used in Generations Plaza, because of -- Bird: From Noel Webber? De Weerd: Yes. And because of the angle it's going to have to withstand the elements, the heat and freezing, so they thought that those were the -- the best materials to use. Mike Barton of the Parks Department was there and will work on how to best support those. But this is the cost estimate and we -- we would like to order those now so that we could have those available before the concerts in the -- the amphitheater are here in June, so -- Bird: Has anybody talked to Noel Webber down at Plastic Signs? De Weerd: Yes. Walt Lundgren talked to him today. Bird: Okay. Watts: Madam Mayor, Council Members, I would like to add -- I know this dollar amount is on here on this wish list, but this was part of the original design from the beginning and I don't think they just ever got the verbiage and the specs to actually do it earlier on, but it was actually intended to be in the plaza from the beginning. De Weerd: Well, the interpretive signs were -- and, then, those -- those wood things, I'm not sure -- and I know that was kind of another project that Will was working on. I asked HPC, the Historical Preservation Commission, if they were working on what would go on there, because I think what was once envisioned that that would have the creamery kind of historically depicted, if I remember correctly, and HPC said they -- they had not been asked to work on it. Walt -- Walt Lundgren and Frank Thomason. So, I don't know who is working on it. Watts: It was a good chance that that had gotten dropped, Madam Mayor. I'm not sure what was originally to go on those as well. And I have vague remember -- or Meridian City Council • March 10, 2009 Page 53 of 59 recollection that it was supposed to be something from a historical value. I do know the wood in there actually came out of the creamery. The wood that was on those signs actually came out of the creamery, so it is the actual wood from it. De Weerd: Those are the wood beams. Watts: Correct. And that is portions of that as the two -by -sixes that were taken off the roofing that was in there. De Weerd: Okay. Bird: You sure -- you sure it wasn't Lila and Terry Smith? That's who did the Generations. De Weerd: No. Lila was in the meeting today as well. So, I — and she didn't say anything either. Bird: Well, she -- her and Terry are the ones that did and the ones that -- I took down to Noel Webber and introduced. De Weerd: Yeah. Simison: Madam Mayor, City Council, I did talk with Steve Simmons today with LCA and he did indicate that the -- the three wood -- wood structures that are currently in existence were envisioned to be something that would be put together that would talk about the creamery specifically. That was what was envisioned, but it was never tasked and that it talked about some sort of ceramic thing and, then, having it encased in something. So, I didn't talk to them about what the cost to finish those panels would be. In the end it can be whatever the city wants it to be, that that was just what was envisioned in that space and no one has been tasked to go forward and come up with it at this point in time from LCA. They were never instructed to do anything beyond what was up there. So, it would be given to somebody to figure out what to do. De Weerd: Okay. And that we would bring back at some later date. I don't think for those -- the priority is as high as to really put a learning opportunity on why the design elements were what they are in the plaza and have that available when that park is in its highest use. Yes, Keith. Watts: I had a vague recollection -- I don't have any facts to substantiate it, but there could be a possibility that this tied in with the LEED somehow for public notification of the creamery that was there. I will check with our LEED people to see if we are required to do any of that for LEED. I don't know for sure, but for some reason it rings a bell with me. So, I will check. De Weerd: Well, just -- Meridian City Council • March 10, 2009 Page 54 of 59 Bird: We are going to do it anyway, let's go. De Weerd: Just to let you know on the five that will be done, there is one for the irrigation aspect, one for the village aspect that would use the tree boss and the Five Mile Creek and the settling. The urban -- the inter -urban and rail for the -- the rail lines. The creamery itself and also a placard that's close to the doors that would talk about the transportation from past to future through the sustainability. So, we will have some LEED piece to each of those in some degree. If that might satisfy it, otherwise, I do know they wanted to have some kind of historical salute to the creamery and -- and I - knowing now that those are the beams, that's what those things were for. Watts: Thank you. De Weerd: I just didn't know they were envisioned like that. Robert, do you want to talk about this last piece, which -- or the artwork? Okay. Keith. Watts: Okay. Madam Mayor, Council Members, I do -- actually, I had one more that's above there and this is -- this just came to me late this afternoon through IT, that there was a desire to be able to have the agenda and other information scroll on the LCD screen out in the main lobby and IT has done some research and I believe in the last couple of days and get a price for a computer and the software that would enable us to do this. Mrs. Holman may be aware of this as well, but I got a number from the IT department this afternoon of 9,300 dollars for a PC and software to enable that monitor to be able to scroll various information. De Weerd: Can you just use the little thumb drive? Hoaglun: I think that's more of a want than a need, though, Madam Mayor. I mean it would be nice to have, but in the economic conditions we have right now, that's -- Rountree: The bulletin board -- Bird: Yeah. Simison: It's 2,300 dollars -- it's not 9,300 dollars, it's 2,300 dollars for it and, essentially, what -- the way it's designed is we don't have a way to operate that -- De Weerd: You need to talk into the microphone. Simison: -- half of the cost is associated directly with trying to get it so that we can actually do something with that. You're correct, it is -- it is a want, it's not a need, but that's -- half the cost of that and half is the computer to operate the system. Ada County's said that they would give us what they -- have you been in the courthouse, their scrolling stuff, we can use their software. We don't have a software cost. It's, actually, a computer cost and up to a thousand dollars is what Aatronics told us it would Meridian City Council March 10, 2009 Page 55 of 59 0 cost to get it off the system. There may be some other -- some other way that we can reduce it, but that's just what they told us. So, up to 2,300 is what the thought is. De Weerd: So, a thumb drive won't do it? Simison: No. It doesn't have the inputs that allow it to be used in that fashion. Hoaglun: If you can get it lower than 23, 1 might be convinced. Bird: I think the -- I think the bulletin boards out there with the paper in do it very nicely. Rountree: Right now. Bird: That -- I -- we can use the 2,300 dollars in different places. Zaremba: I would agree with that. I wouldn't drop it as a future, though. Watts: We will keep it on our list and we just put a hold on it. Hoaglun: If IT comes up with some spare computers down the road or something that they can use and patch together -- yeah. De Weerd: Don't we have some computers or -- Bird: Last time I was up there they had about 12 of them sitting around. I don't know. De Weerd: If you could look into that. Nary: Madam Mayor, they will. And I know Terry well enough to know if we have the ability to do it, then, we do it. It may need a certain -- it may be the certain -- it may be the type of need to run that and that may be what we don't have, so -- but we will certainly look at it more. De Weerd: Maybe go on Craig's List. Rountree: Go to MPC tomorrow. Watts: Yeah. That is a thought. Nary: Not a good thought, no. Watts: Madam Mayor, Council Members, the next item we have on here is the department artwork that is -- the artwork for the department lobby, which was also part of the original design from LCA. We have -- the dollar amounts listed by the department here and I would like to point out that these dollar amounts are significantly lower than -- than what was originally planned for the area. We have redesigned it to -- Meridian City Council March 10, 2009 Page 56 of 59 De Weerd: By a quarter -- it's about a quarter -- • Watts: Yes. It's about a fourth of the original cost. That is correct, I believe. De Weerd: And all the pictures you saw for each of the lobbies, they had that in the background and what -- we took the frames off and -- and mounted them -- it is canvas over wood frame. Watts: With a foam core, rather than -- I believe, rather than a framed -- De Weerd: Yeah. With a foam core. Watts: We do believe that this artwork could probably be framed in the future if the city so chose to do that and we will try to guarantee that when we finalize this. I believe after looking at these numbers that it's probably about a quarter of the original cost for the design that was originally presented by LCA. De Weerd: Any questions from Council? Rountree: So, what's the status of -- to me it's -- De Weerd: It's just waiting for approval. Watts: Yeah. We will move forward upon Council's authorization. The departments, I believe, will be choosing their artwork along -- each individual department will chose the artwork to go in their departments. That was what was originally envisioned. Hoaglun: So, this is what was originally planned. It was budgeted for about 20,000 dollars. You reduced the cost. So, you want our approval that -- Wafts: Correct. Hoaglun: -- to spend less. Watts: Correct, Councilman Hoaglun. Hoaglun: How is that for spin? Watts: That is correct, Councilman Hoaglun. De Weerd: That's excellent spin. Watts: It's on our wish list just because we have not done it yet, not that it wasn't originally budgeted and planned for. Meridian City Council March 10, 2009 Page 57 of 59 Bird: Let's go for it. Get on it. Hoaglun: That's -- get her done. • Watts: Thank you. The next item I'd like to thank Ed for. This is the wallpaper that's been damaged up on the third floor by the lobby after trying to get Petra to -- to repair it for the last six months. Ed has got the contractor agreeing to do it at no cost. So, we will be taking care of that, I believe, by the end of next week. De Weerd: Thank you, Ed. Watts: The last four items are cubicles that has needed to be completed. One of the issues was our -- was several of the cubicles that were designed were -- they were designed by our architect and the furniture supplier bid them exactly as designed and in the case of the finance, they have done some of it, but it was, essentially, dangerous. I mean if you leaned on Kathy's desk, my assistant, the whole cubicle could fall down. I mean it was pretty ridiculous and they have done some of the work and the remainder of this is to finalize the 825 dollars to finish out the cubicles and make it the way it was -- that should have been done in the 1,190 dollars for finances to finish the cubicles in the MUBs department where they are -- they look like they are half done, because there is no front to any of them and no panels. Many of them half the work surfaces is not there. I have confirmed that they -- they did supply what was spec'd. The clerk's -- the cost for the clerk's cubicle, there was originally a cubicle that was going to be in clerks, but when noticed the -- they weren't concerned about their cube, but -- at the time when we were moving and the finance cube was about to fall down, so I scavenged what I could out of the clerk's cubicle to make that one at least stand up for the time being. And, then, the 1,825 dollars is for the Parks Department. They put square cubicles against the curvature of the back of the building and Rachel Myers and Greg in Parks have a six to eight inch to up to 12 inch gap behind the cubicle where things just fall off behind the wall and get stuck behind the wall. We looked at possibly moving those and, actually, angling them with the wall, but it made their entry into their cubes only like 18 to 24 inches, which wasn't feasible. De Weerd: Okay. Council, any questions on this item? Bird: No. De Weerd: Okay. Watts: Move forward with that also. Thank you. And we will -- when we are ready to come back we will get it on the agenda as soon as we can with any outstanding questions that we had. Oh, Eric has one more item for you. Jensen: I had an item that didn't make it on this and that was -- that's for some of the attic stocks for the maintenance of the building. Ceiling tile we are pretty well out of with all that has gone on and paint for touch up, which paint is -- covers very poorly, so it Meridian City Council March 10, 2009 Page 58 of 59 requires a lot, really, to do any repairs. Just miscellaneous items to have on hand in order to maintain the building. It's looking around a 2,000 price tag to try to get that on hand to avoid the inconvenience and unnecessary trips to acquire those items as they come about. De Weerd: Council, any issues? Bird: I don't have any problem with it, but I would sure look in my bidding specs to see if they were required to leave some paint or -- in fact, in the glass see if they weren't required to have on hand some -- a percent of extra units for this job. Watts: And, Mr. Bird, Madam Mayor, Petra has provided an attic stock list, I believe. The reason we are needing to order ceiling panels is largely due to when we moved Congressman Minnick in we changed out the light fixtures and did some things and used up a large majority of our attic stock there. But I also have to think that some of it was used up for our leaking roof, replacing our wet seal, leaking roof as well. De Weerd: Well, if some of that was, we need to charge it back to them. Watts: Correct. Hoaglun: And I think we need to get the tile before they discontinue that line and have the right stuff on hand. Watts: Exactly. That is our concern. De Weerd: Yeah. Bird: And your paint is the same thing. Watts: Yeah. And I have a hard time -- De Weerd: And the painter, I mean -- Watts: I have a hard time calling back to my painter and asking him to provide more attic stock. I mean I honestly believe we have had him do way more than what's called for -- I know he -- he didn't eat the cost, because of us, but he probably ate the cost from management, because every time somebody came in to do some work they would scar the walls, mar them, or get fingerprints all over them and nobody made those guys take care of it and so our -- our construction managers just dumped in on our painter to come in and take care of it time and again. De Weerd: Okay. Watts: We will move forward with that as well. Thank you. Meridian City Council March 10, 2009 Page 59 of 59 De Weerd: Thank you, all three of you. Council, we are at the end of our agenda would entertain a motion, if there is no further business in front of this Council. Hoaglun: Move to adjourn. Bird: Second. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) t "AIVI •' D- WEERD ATTEST: DATE APPROVED `�`��OF �„� ► � 1111 11,,,, �� s � AFo SEAL L. HOLMAN, CIT* CL C 90 lisp 15Z , �o March 6, 2009 Pr.eetime} MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of January 12, 2009 City Council Special Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 6,2W9 MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of February 17, 2009 City Council Special 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. March 6,2W9 MERIDIAN CITY COUNCIL MEETING March 10, 2009 0 APPLICANT ITEM NO. S -C REQUEST Approve Minutes of March 3, 2009 City Council Regular Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 March 6, 2009 MERIDIAN CITY COUNCIL MEETING March 10, 2009 0 AZ 08-013 APPLICANT City of Meridian ITEM NO. 5-D REQUEST Findings for Approval — Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and / or sewer service AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Findings Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • Page 1 of 1 Tara Green From: Sonya Watters Sent: Tuesday, March 03, 2009 3:58 PM To: Tara Green; Jay Walker; Machelle Hill; Nancy Radford Cc: C. Caleb Hood; Peter Friedman Subject: Implied Consent AZ - 3/10 CC Mtg Follow Up Flag: Follow up Flag Status: Green Attachments: Implied Consent AZ ffcl2.doc; Implied Consent AZ ffcl1.doc Please see the attached findings for the Implied Consent annexation application scheduled for the March 10th City Council meeting. Thanks, sovu& watters CITY OF MERIDIAN Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax 3/6/2009 0 0 14 CITY OF MERIDIANTTA �7�TT �� FINDINGS OF FACT, CONCLUSIONS E ID�- OF LAW AND DECISION &ORDER In the Matter of Annexation & Zoning of 24 Separate Tax Parcels Consisting of 41.27 Acres that are Currently Receiving Water and/or Sewer Service from the City of Meridian, by City of Meridian Planning Department. Case No(s). AZ -08-013 For the City Council Hearing Date of: February 24, 2009 (Findings on the March 10, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 24, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 24, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 24, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 24, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).AZ-08-013 -1- 0 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the legal descriptions and exhibit maps in the attached Staff Report for the hearing date of February 24, 2009, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation & Zoning request as evidenced by having submitted the legal descriptions and exhibit maps included in the attached staff report for the hearing date of February 24, 2009, is hereby approved. D. Attached: Staff Report for the hearing date of February 24, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).AZ-08-013 -2- By action of the City Council at its regular meeting held on the 10 day of MDA , 2009. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED ,Nayer,T de Weerd Attest: ° SEAL - M aycee olman, City Clerk '7 , F o &Sr JS • oQ�\��,�, Copy served upon Applicant, The P 91 1qP , Public Works Department and City Attorney. By: � Dated: 3- ILO -Q9 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).AZ-08-013 -3- • 0 STAFF REPORT Hearing Date: February 24, 2009 �'"� TO: Mayor & City Council E IIA FROM: Caleb Hood, Planning Manager Sonya Watters, Associate Planner (208) 884-5533 SUBJECT: AZ -08-013 Implied Consent I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, City of Meridian Planning Department, is requesting Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving water and/or sewer service from the City of Meridian. II. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested AZ application below. Staff recommends approval of the application subject to the conditions listed in Exhibit B. NOTE: After submittal Staff became aware of the need for two of the subject properties that currently contain single-family homes at 1725 and 1775 W. Pine, to be zoned commercial not residential (they intend to or are already operating commercial businesses on the properties). To accomplish commercial zoning of these properties, a Comprehensive Plan Map Amendment (CPA) is necessary (the properties are currently shown as "Medium Density Residential" on the Map). This CPA is in process and will most likely be heard in February by the Commission. If the CPA is approved Staff will submit a separate Annexation application for these properties; Staff requests these two addresses (four parcels — S1211417501, S1211417515, S1211417523, and S1211417479) be removed from the subject annexation request. If these parcels are removed, the remaining 28 tax parcels total 54.5 acres. The Meridian Planning & Zoning Commission heard this item on January 15, 2009. At the public hearing the Commission moved to recommend approval of the subiect annexation reguest. a. Summary of Commission Public Hearing: i. In favor: Gene and Carey Strate ii. In opposition: Dennis Bailey, Greg Ruddell, Randy Stewart, Ted Williams, iii. Commenting: None iv. Written testimony: Mountain View Equipment, Dennis Bailey v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: Anna Canning b. Key Issue(s) of Discussion by Commission: i. What properties should be included in the subiect annexation. ii. When SSC starts providing service to annexed properties. iii. What constitutes a "service". iv. Potential non -conforming uses and structures. C. Key Commission Change(s) to Staff Recommendation: i. The Commission voted to remove the parcels at 1725 W. Pine, 1775 W. Pine, 700 W. Overland and 870 S. Mustang from the annexation. With the removal of these parcels there would be 24 tax parcels and 41.27 acres remaining in the annexation. NOTE: Although the Commission recommended that 1725 W. Pine, 1775 W. Pine, 700 W. Implied Consent AZ -08-013 PAGE 1 0 0 Overland and 870 S Mustang not be annexed at this time, those properties were posted and noticed for the City Council hearing. d. Outstanding Issues) for City Council: i. Determining which properties should be annexed with the subiect application. M. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ -08- 013, as presented in the staff report for the hearing date of February 24, 2009, with the following modifications: (add any modifications.) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ -08-013, as presented during the hearing on February 24, 2009, for the following reasons: (You should state specific reasons for denial of the annexation.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ -08- 013 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: There are 32 individual tax properties included in the proposed annexation request. Please see Exhibit A.2 for a complete list of properties proposed to be annexed. B. Applicant/Owner: City of Meridian Planning Department Implied Consent AZ -08-013 PAGE 2 UTZI_ 61 -�_�- : • �-®� - _i_ U_�_�, i It, Oil TT MITI fif"T 1 111111 M. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ -08- 013, as presented in the staff report for the hearing date of February 24, 2009, with the following modifications: (add any modifications.) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ -08-013, as presented during the hearing on February 24, 2009, for the following reasons: (You should state specific reasons for denial of the annexation.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ -08- 013 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: There are 32 individual tax properties included in the proposed annexation request. Please see Exhibit A.2 for a complete list of properties proposed to be annexed. B. Applicant/Owner: City of Meridian Planning Department Implied Consent AZ -08-013 PAGE 2 33 E. Broadway Avenue Meridian, ID 83642 C. Representative: Caleb Hood, City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 D. Applicant's Statement/Justification: Taken from the applicant's narrative, "All of the subject lands are currently receiving either sewer, water, or both services from the City of Meridian. These properties are all also contiguous to the current Meridian City limits and are included in the City's comprehensive plan. City Staff believes that the annexations of the subject real properties are necessary to assure the orderly development of the City and are necessary to ensure equitability for all rate payers receiving public services from the City." See the applicant's narrative submitted with the AZ application and Section 10, Analysis, below for more information. V. PROCESS FACTS A. The subject application is for annexation and zoning. Because the subject properties are contiguous, included in the City's comprehensive plan, and are receiving a service, City Staff is pursuing annexation through the Category A process of Idaho State Code § 50-222. In accordance with Meridian City Code 11-5 and Idaho Code § 50-222 a public hearing for annexation is required before the Planning & Zoning Commission and City Council. B. Newspaper notifications published on: December 29, 2008 and January 12, 2009 (Commission); February 2, and 16, 2009 (City Council) C. Radius notices mailed to properties within 300 feet on: December 18, 2008 (Commission); January 30, 2009 (City Council) D. A public service announcement was broadcast faxed on December 15, 2008 (Commission) and January 30, 2009 (City Council), regarding this application. E. Applicant posted notice on site by: December 30, 2008, January 2, and January 5, 2009 (Commission); and February 9, and 13, 2009 (City Council) F. In addition to posting the properties and publishing a notice in the newspaper, the property owners were all noticed in accordance with Meridian City Code and Idaho State Code Chapter 65, Title 67. Also, on October 15, 2008 City Staff held a neighborhood meeting at city hall to discuss the subject annexation application and timeline. Letters were sent to all property owners of record, inviting them to the neighborhood meeting. Three property owners attended the neighborhood meeting. Staff has also spoken to several of the property owners over the phone and in person. Also in the invitation letter to the neighborhood meeting, City Staff informed the property owners that a FAQ sheet would be up on the City's website. The FAQ page is on the Planning Department's section of the City website and will remain there throughout the annexation process. Information on the website includes: definitions, impacts, zoning, contact information and information on the public hearing process. VI. LAND USE A. Existing Land Use(s): The majority (22) of the subject properties contain singe -family homes. Implied Consent AZ -08-013 PAGE 3 0 • There are 3 commercial businesses and 3 churches also included in the subject annexation. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The area surrounding these properties contains various uses and zoning. Staff has recommended zoning designations for the subject properties based in part on current land use, the Future Land Use Map designation, and anticipated land use of adjacent properties. C. History of Previous Actions: All of the subject properties have previously hooked up to either sewer, water, or both services from the City of Meridian (see below for a list of services currently being provided). Current city policy requires properties in the city to hook-up to both sewer and water service, when available. Staff is requiring those properties that are only receiving one service currently, to hook-up to the other service (if available). See Utilities below. D. Utilities 1. Public Works Below is a list of all the properties included in the subject annexation application, which service(s) they are currently receiving, and if connection to another service is required. For those properties where a new service/hook-up is required, the applicant will be required to do so within six months. ADDRESS 870 S MUSTANG ST 179 E EASTBROOK CT 513 W FRANKLIN RD 3451 N LOCUST GROVE RD 2190 S LOCUST GROVE RD 156 E EASTBROOK CT 157 E EASTBROOK CT 178 E EASTBROOK CT 2180 E USTICK RD 113 E EASTBROOK CT 112 E EASTBROOK CT 185 E EASTBROOK CT 83 E EASTBROOK CT 129 E EASTBROOK CT 128 E EASTBROOK CT 700 W OVERLAND RD 201 W USTICK RD 5930 N LOCUST GROVE RD 485 S LINDER RD 2146 S LOCUST GROVE RD 82 E EASTBROOK CT 3629 E USTICK RD 646 E PINE AVE CURRENT SERVICE(S) Sewer Sewer & Water Water Sewer & Water Water Sewer & Water Sewer & Water Sewer & Water Sewer Sewer & Water Sewer & Water Sewer & Water Sewer & Water Sewer & Water Sewer & Water Water Sewer & Water Water Sewer Water Sewer & Water Water Water REQUIRED SERVICE Water Sewer Sewer Water Sewer Sewer Water Sewer Sewer 11,1611li*� Water is not available at this time applicant will be required to connect to water within six months of service being available. Sewer Sewer is not available at this time applicant will be required to connect to sewer within six months of service being available. Implied Consent AZ -08-013 PAGE 4 942 E PINE AVE 6325 N LOCUST GROVE RD 1725 W PINE AVE 3080 N MERIDIAN RD 1775 W PINE AVE E. Physical Features: 0 Water Sewer Sewer & Water Sewer & Water Sewer Water Sewer & Water 1. Canals/Ditches Irrigation: NA 2. Hazards: NA 0 F. Access (private, public, common drive, etc.): All of the subject properties have access to the public street system. VII. COMMENTS MEETING On December 29, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. VIII. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates 2 of the subject properties (870 S. Mustang Street and 5930 N. Locust Grove Road) as "Low Density Residential," 19 (82, 83, 112, 113, 128, 129, 156, 157, 178, 179 and 185 E. Eastbrook Court, 3080 N. Meridian Road, 2180 E. Ustick Road, 2190 S. Locust Grove Road, 2146 S. Locust Grove Road, 485 S. Linder Road, 942 E. Pine Avenue, 1725 W. Pine Avenue and 1775 W. Pine Avenue) as "Medium Density Residential," 3 (3629 E. Ustick Road, 700 W. Overland Road and 513 W. Franklin Road) as "Commercial," 3 (3451 N. Locust Grove Road, 6325 N. Locust Grove Road and 201 W. Ustick Road) as "Public/Quasi-Public," and 1 (646 E. Pine Avenue) as "Old Town." The purpose of low density residential areas is to allow for the development of single-family homes on large lots where urban services are provided. Low density residential areas are anticipated to contain three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). The existing single-family homes are allowed within this designation. The purpose of medium density residential areas is to allow smaller lots for residential purposes within city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The existing single-family homes are allowed within this designation. The commercial designation provides for a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential lots, as well as appropriate public uses such as government offices. The existing commercial businesses — Mountain View Equipment at 700 W. Overland Road and Rock Placing Company at 513 W. Franklin Road and Summers Funeral Home at 3629 E. Ustick Road — are allowed within this designation. Public/quasi-public areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. The three existing church uses (3451 N. Locust Grove, 201 W. Ustick and 6325 N Locust Grove) are allowed within this designation. Old Town areas include the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, Implied Consent AZ -08-013 PAGE 5 0 new construction of multi -family residential over ground floor retail or office uses. The existing single-family home at 646 E. Pine is allowed within this designation. Staff finds that the proposed annexation and zoning of the subject properties comply with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff finds the following Comprehensive Plan policies to be applicable to this application and applies to the existing uses (staff analysis in italics): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject properties. The subject properties are within the area of impact of the City and are currently receiving sewer, water, or both services. Municipal services that aren't currently being provided will be provided in the following manner. ➢ Sanitary sewer or water service will be extended at the owners' expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Ada County Sherriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (A CBD) and the Idaho Transportation Department (ND). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. IX. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) 11 -2A -2,11-2B-2, and 11-2D-2 lists the permitted, accessory, and conditional uses in the residential, commercial, and traditional neighborhood districts. Two of the three church properties (6325 N. Locust Grove Road and 201 W. Ustick Road) are proposed for R-8 zoning; Churches are conditionally allowed in the R-8 District. The third church at 3451 N. Locust Grove Road is proposed for L -O zoning; Churches are principally permitted in the L -O District. The current single-family residential and commercial businesses are all listed as principal permitted uses in the requested zoning district for each property. B. Purpose Statement of Zone(s): The purpose of the residential districts (R4 and R-8) is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and Implied Consent AZ -08-013 PAGE 6 • highways. • The purpose of the Old Town district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O -T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. Public and quasi -public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. X. ANALYSIS Analysis of Facts Leading to Staff Recommendation: Staff is supportive of the AZ request as proposed, with the following comments: The City is proposing to annex a total of 55.6 acres of land currently in Ada County, comprised of 32 separate tax parcels, owned by 28 different property owners. All of the subject lands are currently receiving either sewer, water, or both services from the City of Meridian. These properties are all contiguous to the current Meridian city limits and are included in the City's comprehensive plan. Because the subject properties are contiguous, included in the City's comprehensive plan, and are receiving a service, annexation is being pursued through the Category A process of Idaho State Code § 50-222. In addition to the contiguous, comprehensive plan and service criteria, Category A annexations require consent from all private landowners. In this case, consent of the private landowners is implied because prior to July 1, 2008, all of the properties were connected to a water or wastewater collection system operated by the City. Staff believes the annexation and zoning of these properties is necessary to assure the orderly development of the City and is necessary to ensure equitability for all rate payers receiving public services from the City. The subject properties currently have various zoning designations in Ada County and have different Meridian Future Land Use Map designations. Below is a table that details the zoning districts Staff is recommending for the subject annexations. Staff has factored in current land use and the City's Comprehensive Plan (Future Land Use Map), as well as adjacent land uses to recommend a zoning designation that most closely represents the current and anticipated land on each property. Implied Consent AZ -08-013 PAGE 7 • • * Staff is recommending these properties be removed from the current application. Staff has become aware of the need for the properties at 1725 and 1775 W. Pine, to be zoned commercial not residential. The current owner of 1725 wishes to open a swimming lesson business and the owner at 1775 is currently operating an auto repair business. Staff is working with these two property owners. To realize a commercial zoning district, a Comprehensive Plan Map Amendment (CPA) is necessary (the properties are currently shown as "Medium Density Residential" on the Map). This CPA is in process and will most likely be heard in February by the Commission. If the CPA is approved Staff will submit a separate Annexation application for these properties; Staff requests these two addresses (four parcels — S1211417501, S1211417515, Implied Consent AZ -08-013 PAGE 8 FUTURE LAND PROPOSED OWNER CURRENT USE USE MAP ZONING R 2 (Low Dewsky BAIL SF 140M LOW DENS Reser R-8 (Medium Density BRINK SF HOME MEDIUM DENSITY Residential) C -G (General Retail & BROADWAY ROCK BUSINESS COMMERCIAL Service Commercial) PUBLIC/QUASI- CHUCH LDS CHURCH PUBLIC L -O (Limited Office) R-4 (Medium — Low DOTY SF HOME MEDIUM DENSITY Density Residential) ELLISON SF HOME MEDIUM DENSITY R-8 ESPINOSA T SF HOME MEDIUM DENSITY R-8 ESPINOSA J SF HOME MEDIUM DENSITY R-8 FARNOT SF HOME MEDIUM DENSITY R-8 GALLION SF HOME MEDIUM DENSITY R-8 GUTHMILLER SF HOME MEDIUM DENSITY R-8 HICKS SF HOME MEDIUM DENSITY R-8 KETTLE SF HOME MEDIUM DENSITY R-8 LINDENBERG SF HOME MEDIUM DENSITY R-8 MICHAELSON SF HOME MEDIUM DENSITY R-8 PFI PUBLIC/QUASI- PRESBYTERY CHURCH PUBLIC R -g L-0 PURNELL SF HOME LOW DENSITY R-2 RIGBY SF HOME MEDIUM DENSITY R-4 SCHILD SF HOME MEDIUM DENSITY R-4 SWEET SF HOME MEDIUM DENSITY R-8 C -C (Community SUMFUN FUNERAL HOME COMMERCIAL Business) TORKELSON SF HOME OLD TOWN O -T URIONA SF HOME MEDIUM DENSITY R-8 PUBLIC/QUASI- VALLEY CHURCH PUBLIC R-8 VH1q4JAL* 9F 140M MEDRAA DENS R-4 WILLIAMS SF HOME MEDIUM DENSITY R-4 ZPAMEANLA40 9F 140MEA3U9RqESS MEDIUM DENS R-4 * Staff is recommending these properties be removed from the current application. Staff has become aware of the need for the properties at 1725 and 1775 W. Pine, to be zoned commercial not residential. The current owner of 1725 wishes to open a swimming lesson business and the owner at 1775 is currently operating an auto repair business. Staff is working with these two property owners. To realize a commercial zoning district, a Comprehensive Plan Map Amendment (CPA) is necessary (the properties are currently shown as "Medium Density Residential" on the Map). This CPA is in process and will most likely be heard in February by the Commission. If the CPA is approved Staff will submit a separate Annexation application for these properties; Staff requests these two addresses (four parcels — S1211417501, S1211417515, Implied Consent AZ -08-013 PAGE 8 S 1211417523, and S 1211417479) be removed from the subject annexation request — the legal descriptions for these properties has been removed from Exhibit C. As mentioned in Section IX.A above, all of the properties moving forward in the annexation application are either principally permitted or conditionally allowed uses in the requested zoning districts. However, several of the properties have non -conforming aspects to their principally permitted use. For example, two of the three commercial businesses (Rock Placing Company and Mountain View Equipment) do not have paved parking lots and drive aisles. Nor do these sites have the necessary landscape buffer along the adjacent arterial, Franklin and Overland (the other commercial business, Summers Funeral Home, does have a paved parking lot and some landscaping along Ustick). Further, the single-family homes and churches along the arterials do not have conforming landscape buffers along the adjacent arterials. These single-family parcels and church sites may also have other non -conforming components (structure setback/height, lot size, etc.), that staff is not aware of. Other than those listed herein, Staff is not aware of any potential code violations or illegal uses on the properties. The annexation legal descriptions submitted with the application stamped by Glenn K. Bennett, PLS and included in Exhibit C shows the properties as contiguous to the existing corporate boundaries of the City of Meridian. Development Agreement (DA): UDC 11-513-3132 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a DA with the City that may require some written commitment for all future uses. The only requirement of the individual property owners is to hook-up to the other (sewer or water) service, where available (see Section VI.D, Utilities above). Therefore, DAs are not being required — the owners will be required to hook-up, where applicable, but not through a DA. 11. EXHIBITS A. Drawings/Lists 1. Vicinity Map 2. List of Properties Proposed to be Annexed into the Corporate Boundaries of the City of Meridian B. Agency Comments C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code (UDC 11-513-3E) Implied Consent AZ -08-013 PAGE 9 5� a i f � � a - . s , al1.' Pa�3 I .171r 1 � � ■ n ice_ 1 ' - ' ipt `11.9 ■ � � : .._ ■ -°■ __ It oe � � �, "" Irpt9111111IIIllb �+ 3 11 II. Az im jjF I 4 i C 01001 Mail ll�I iQllia k1' �,� y.� I nab a S* '�^i 1 (_l'■� ' _ + 1 y N_ i 4� � ■ � =�� a .t e 4 rf nr�� ni g � 'F��Si Il�'— .■ :Ike 4a i ■ _ WN TO {, 111 I>s tf$. 7 f 1� �� ■I �:� 5 ��11 Il 4 ���� A XIF No, 50 J ��. 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Properties Proposed tOl*Annexed into the Corporate Boundaries A City of Meridian PARCEL PRIMOWNER ADDRESS ACRES BAILEY DENNIS W870 S MUSTANG 8 0,95 82037050070 BRINK DINA LYNN 179 E EASTBROOK CT 0.19 S1213120997 BROADWAY & MULLAN PARTNERSHIP 513 W FRANKLIN RD 3.64 S0531449306 CHURCH OF JESUS CHRIST LDS 3451 N LOCUST GROVE RD 4.66 S1120233792 DOTY KENDALL M 2190 S LOCUST GROVE RD 1.01 R2037050045 ELLISON BILLY E 156 E EASTBROOK CT 0.18 R2037050080 ESPINOSA 1999 REVOCABLE TRUST 157 E EASTBROOK CT 0.18 R2037050055 ESPINOSA JOHN S 178 E EASTBROOK CT 0.22 S0532346635 FARNOT JOSE L 2180 E USTICK RD 0.55 R2037050100 GALLION RICHARD LYNN 113 E EASTBROOK CT 0.18 R2037050020 GUTHMILLER DAVID 112 E EASTBROOK CT 0.20 R2037050060 HICKS LONNIE K 185 E EASTBROOK CT 0.18 R2037050110 KETTLE JENNIFER R 83 E EASTBROOK CT 0.18 R2037050090 LINDENBERG TONY M 129 E EASTBROOK CT 0.18 R2037050030 51v 2134384Eicy 2-1714449475 MICHAELSON BRADLEY J NAG IAITAIAI VIEW 2(11 IIPMF=NT r`rl 1.1011 IAITAIAI VIEW EQUIPMENT CC) 128 E EASTBROOK CT 700 W OVERLAND RD69 W AND Dn 0.20 � 2121343942-5 R8189830012 MOUNTAIN VIEW EQUIPMENT GO PRESBYTERY OF BOISE OVER W fl\/CDL AND RD 201 W USTICK RD o 5.54 S0529233910 PURNELL DAVID R 5930 N LOCUST GROVE RD 1.00 R8956001620 RIGBY CRAIG 485 S LINDER RD 0.69 S1120233625 SCHILD LESLIE R 2146 S LOCUST GROVE RD 1.00 R2037050010 SWEET BRIAN EDWARD 82 E EASTBROOK CT 0.20 S1104212681 SUMFUN 11 LLC 3629 E USTICK RD 1.933 S1107131250 TORKELSON HENRY VELDEEN TRUST 646 E PINE AVE 0.54 S1107131700 URIONA JOHN C 942 E PINE AVE 0.55 S0530110250 VALLEY LIFE COMMUNITY CHURCH 6325 N LOCUST GROVE RD 10.35 2-12-1141747-9 VIRTUAL KEYSTROKES 1775 AN DIAIC AVE 0..96 S1106222634 WILLIAMS THEDORE B 3080 N MERIDIAN RD 1.49 S19114175M 2-1211417515 51711417574 ZIMMERMAN BRIAN G ZIMMERMAN BRIAN G 71AAAACDAAAAI BRIAN f` 1775 IN DIAIC AVE 1775 \ni DIAIC AVE 1775 \A/ DIAIC A\/C Exhibit C Page 2 B. Agency Comments • 1. PLANNING DEPARTMENT 1.1 ANNEXATION & ZONING 1.1.1 The annexation legal descriptions submitted with the application (stamped by Glenn Bennett, PLS) show the properties as contiguous to the existing corporate boundaries of the City of Meridian. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicants shall contact the City of Meridian Public Works Department for sewer and water service locations. All conditions for receiving city services will apply. Contact Scott Steckline at 489-0369 for further information. 2.2 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.3 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 3. FIRE DEPARTMENT 3.1 The Zimmerman property is running an autobody repair shop. 3.2 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.3 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.4 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 The Parks Department had no comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. Exhibit C Page 3 6.2 SSC will not providepick-up services utilizing the common Oeway. The developer shall install a concrete pada the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.3 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. 7. Ada County Highway District 7.1 ACHD did not submit comments on this application. Exhibit C Page 4 C. Legal Descriptions & ExhibOaps 0 ANNEXAMON DESCRIMON FOR THE CITY OF MERWIAN, lip LESLIE SCEMM A Patel located in the NW 1/ of Sion 20, Township 3 North, Range 1 East, Boise MerWian,, Ade County, Idaho, more particukdy described as follows: Commencing at a brass cup monument marking the northwesterly corner of said NW from which a 518 inch diameter iron pin marking the Southwesterly thwesterly corner of said NW V4 bears S 0134'37" W a distance of 2654.60 feet Tice S (1°34'37' W along the wooly bmmdary of said NW % a.distance of 1477.10 fMet to the POW OF BMDOMG, Them continuing S 0°34'37" W a distance of 227.51 feet to a point; Thence leaving said westerly boundary N 895937" E a distance of 159.91 feet to a point; Therice S 41 °21'23" E a distance of 171.00 fere to a point; Truce Al 8959'37" E a distance of 86.84 fen to a point on the souftesterly boundary of RM VIEW SUBDMS ON as shown in Book 43 of Plats at Page 3477 in the office of the Recorder, Ada County, Idaho; Thence N 41°21 `23" W along said -southwesterly boundary a: distance 474.65 fed toan angle point in said southwesterly boundary, '.Chem continuing along said southwest+iy boundary S 83059'37" W a distance of 74.22 feet to the POINT OF BEGINNING. This parcel contains 1.17 ate, more or less. This description was prepared from record Mormatm and no field survey was performed. Civil Survey t onstiltsnts, Incorporated is not liable or responsible for any discrepancies that a field survey might disclose. Prepared by: Glenn I. Bennett, PLS Civil survey Consultants, incorporated November 7, 2008 R van. av ,ACV 12 20 %%O1 % Exhibit C Page $ SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NW 114 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. mor FO sa4L+_' a rte„ Exhibit C Page 6 AMM=M i .I `4 i {1,r CITY OF MGM^ IDAHO U# , tli'- 6 .' i fs it N'Y: :i r.. t i :!• t / t'ia. 6 6- 1 .=4 w ! iii : ' $ Ic Cornmencing at a S!8 inch hetet iron pin marking the southweavdy comer of said NW / fro vVilicla a bass cap MOMMent inalift flie northw corner of mid XW % bets 1`i 0134'33r E a distance, of 2654.56 fee4 -arr �x.&ji 1... k .k. t a 'eta p i ' ' r' tt�.- IDL71L=777i=' E Thence leaving said westerly boundary N 89®59'33" E along said extended boundary a distance of 421.80 fed to a point ma ddng an. a4e point in the boundwy of rid RAVEY HILL SLB OAP, Thence contini3ing along said boundary of RAVFJV IIID Sit.BDIMIO.N S 26'05'2r E a distance of 115.76 feet to a point, Thence S, 89"5933" W a distanw of 473.76 feet to the POINT OF BEGIN14ING. This parcel contains 1.07 acres, more or lea, This descripfm was prepared from record 'i 'on and no field survey was perhamed. Civil Survey Consultants, Incorporated is not liable or responsible for any dm7 7epanc% that a field survey might disclose. Prepared by: Olenn X-`Bcmwtt, PIAS Civil Survoy Consultants, Incorporated November 7, 2008 IVERID" Pi SSC WORKS DwT Exhibit C Page 7 5K41CH TO ACCOMPANY ANNEXATION DESCR/PT/UN FOR THE CITY OF MERIDIAN LOCATED IN THE NW 104 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. pom OF MCN WO P'l F 114 u.NJ'WPPE® N 895933' £ 421.80' ra KENDALL DOTY 1.07 ACRES S 89'59:13' W 473.76 NOT ro SC41F c pmnrd 3 Exhibit C page 8 R! RAIN Mt ramex r A parcel located in Government Lot 4 of Semon 6, Tow hip 3 North, Range I East, Boise Meridian, and being all of EASTBROAK AGE as shown in Book 62 of Plats at Page 6215 In the office of the Reorder, Ada County, Idaho, moTe particularly described as follows: BEGINNING at a brm cap monument marking the nprthmesterly comer of said Government Lot 4 from whiff s .5f8 inch diameter iron pin marking the nofteamedy comer of the NW Y4 of said Section, 6 bears S RV35'47" E a distance of 2406.53 feet; Thence S 89'35'47" E along the northerly bmmdary of said Government Lot: a distance of 429.60 feet to a 5/8 inch diameter iron pin marking a paint on the extension of the easterly boundwy of said EASTBROOK MLAGE, Thence leaving said northerly boundary S 0006'23" W along said easterly extended boundary a distance of 317.90 to a 518 inch diameter iron pin mmking the so telly c,)rner ofsaidS3 AOOK VILLAGE, Thence N 89*35'47" W along the sourly boundary of said EASTEROOK VILLAGE a distance of 42.9.60 feet to a yrs inch diameter iron pin on the westerly boundary of said Government Lot 4; Theme N 0106'23" E along said westerly boundary a distance of 317,80 feet to the POT( T OF BEGINNING. Pro by: Glenn K. Bmett� PLS Civil S'mey ConsulUnts, Incorporated January 24, 2iiti5 Exhibit C Page 9 I Z SKETCH TO ACCOJPANY ANNM27ON DL'SCRI MON FOR TILE CITY OF .ds(EWIAN, ADA COMP. IDAHO, LOCATAV IN CO6fL'Rl Wff LOT 4 OF SL' ON 8, 71AWA7.4'MM q J1T XMW AAAT/F1G' f VA_G"P S?nre.W MffWMrAAT Exhibit C Page 10 0 • ANNMATIONDESC RIP'TION FOIL Ti CITY OFAtERMIAN, IDAHO VALLEY LIFE COMMMY CIiIIJRA 3, INQ A parcel located in the NE % of the NE % of Section 30, Township 4 North, 9w ge 1 East, Boise Meridian, Ada Cormsty, ldaho, more particularly described as follows: BEGDMMG at a brass CSP MOnUM=t marking the 110fteaStefly comer of said NE % of the NE'/: ftm which a 5f8 ink idiameter iron pin marls og the J10r1bWMQdy ODnxr of said NE y of the NE % bei N 89051135" W a distance of 1317.00 feet, Thence N 89°51'35" W along the northerly boundary of said NE 'f of the NE %a ' of 738.23 feet to a point on the extension of the y boundary of . ORG UGH SUMMON as shown in Book 87 of Flats at Page 9884 in the office of the RMAR r, Ada County. Idaho; Thence along the boundary of said Wi STBO.ROUGH SLMMSION the following described Thi leaving said northeiy boundary S 097'36" W a distance of 490.02 feet to a point; Theme S X3°51'35" E a distance of 237.62 feet to a point.; Thence S 171119'14" E a distance of 344.32 fedi to a point; Thence S 59'52'57" E a distance of 394.49 feet to a paint on the etcaly boundary of said NE % of the NE %; Thence leaving said WESTBOROUGH SUBDIVINION boundary N 0.37'40" E along said easterly boundary a distance 818.33 feel to the POINT OF BEGINMG. This parcel contains 11.68 acres more or less. This desefiption was prepared from record information and no field survey was performed. Civil Survey Consultants, Incorporated is not liable or responsible fuer any discrepancies that a field mrvey might disclose. ti f t M £i ,�■111 �,�,. Exhibit C Page I I SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 3O, TOWNSHIP 4 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. POMT OF 9EGTA+NTNG E {/16 A x3Y7.00' Arps W SCS Exhibit C Page 12 a (/ALLEY LIFE v, CO"UNITY CHURCH, INC. W 11.68 ACRD'S N 237.62' �0 )L74W7 9 H INVY6 Arps W SCS Exhibit C Page 12 f, y lA NAKAN w C#N,1*)TN ^ M Mi i A pmel located in the NW Kof Section 6, Towndiip 3 North, Range I Eas4 Boise MaidiM r'ee Coway,Idaho, mom parfia:darly described .Sfollows: dO:dR {{ ' {nat bim caP momwent nwking the i - h - - comer - o. said NW V4 fi pard i M«a bumi+ montanent mwimg the southwesWycmnerof W 1 #C { y.,a, t distwee2659.28 e Thence S 0016123- W along the westody boundary sofsad NW y 4a. distance.of 311,80 fed to the POW OF BEGDNJNG,* Them continuing S V16-123" W a distance ®f 110.00 feet to n point; Them '.: P , # E t distance of 110.00 point on the extension of _ : t f '- - >_. r f• t . (. ; t GR�i M` t MIT S' ..7 qt is- 7wa -. 771 PONTE, I, t' d t IT t ` O t) WMA r.e d,y ;:diift _r t 1 {R t.y i3 a 1. fi t! RR •..i tr .y d Exhibit C Page 13 SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE CIT✓ OF MERIDIAN LOCATED IN THE NIS/ 1/4 OF .SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO. .'OINT OF BECINNM 114 or NOT TO SC&F Exhibit C Page 14 0 • N `c AW, I at R f � ► O iii ► *� & ` k ' a 74 1 $iT W jT* BEGINl G at a 5!$ inch diaMCIer iron pin marking the no w t' cornor of said NE zla of the NW V from which a 5/8 inch diameter iron pin warldng the northeasterly comer of aid NE Y4 offthe NW V been S W49"23" E a distance of 1329.69 feet: Thence S 89°4923" E along the no therly boundary of mid NE % of the NW % a &stance of 319.92 feet to a point; 7hence leaving said notherly boundary S 0035'07" W a distance of 31110 feet to a. point on the northerly boundary of Lot 1 of Stock 1 ofP T-B1� WNXMDIYLTS ONas shown in Book 25 df Plan at. Page 15€i2 in the office of the Recorder, _ Ada County, Idaho; N 8V49'23" W along last said nordmiy boundary a distance of 31+9.92 feet to a point marldng the northwesterly cornea- of said Lot 1, said point bang on the westerly boundary of said NE % of the NW V: -MMO leaving last said northerly bOMdWY, N 0*35'W E along said westerly boundary a distaw* 311.20 feet to the POINT oF DEGRTNM(j. _1 9 ,i ky,i .in !,=,#M -'2C77 fi i iDRRIM This description was prepared fim record information and no field survey was perfornned. Civil Survey Consultou, Incorporated ag rat liable or responsible for any discMancies that a field survey might disclose. L;A -V _ r 1 l�ai; MER1131AN PUBLIC ',A11RKS AEP' Exhibit C Page 15 Exhibit C Page 16 AML Ah .SKETCH TO ACCOMITNY ANNEXATION DESCRIPTION FDR THE CITY OF MERIDIAN LOCATED IN THE NE 114 OF THE NW 1/4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. 320 -if r/1a 2ss9.38 S X949.23" E ' USTIGX ROAp W ?ca $ 44 1.119. S9 ° Panvr of -719.92' 1009.77' 'TM gEc MMG W 3 'p »a SUMF N A,, LLC o P�5URV or N b � 2.2.3 ACRES M Q UNRATTEO JVLL 146.2 at y NOT Tp SCALE 319, a' K W N 89'4923" W 7 ' ; 84OCK t PERWNS-AWOWN SP BMIStlN Exhibit C Page 16 FAR "l`HE,#-/'71��}' MY � OF A , IDAHO A pare el locaWd in the NE Y of Section 7. Township 3 North, Range l East,, Boise Maidiao,, Ada County, Idaho, more pardwWy described as follows: which ar'.. a FN - a aa"o F1fE. a Maddng theSoutheasterlycomer Theseus N 89.07'04:- E, along the southerly boundary of said NE V a distance of 1228.75 feet to the PC9iN't' OF BEG ` G; Thence continuing N S96fliW E a distam of 93 til fed to a point marking the Wension sof the weswly boundary of DANBURY PAR SUMIMION NO 1 as shown in Book 60 of Plats at page 5874 in the office of the Recorder, Ada County, Idaho; ".a. -.w ► t aa M P: p, P a of t_ tf-:k a t 4 , b s -_ 6 dhaance i. 250.00 feet to {a point amT. a t. the sou&eastaly- e.- a e. o # + rMF Mas shown in Bwk 65 of Plan at 660 1said officethe Recorder, Thence c 89-55'59- L} ; c Baa �i f•} la a fi A said , r '' ' #� d�ft a+` �► 95 OD fwt to a point marking ra ' n angle point in said a rt c: - -a.fl :�a, =,= I L t 30"2 a : { a ust t' r,t as a D s ata _,f. r ,...�... '. r } t ;... t ": t ; .�r i. a at � ► c y: G•nr f r a :�. a f a f _....r ar. ., - �s. r,- a y�i.. .a ae1Af. r a -ei sr si r.:}.. 3 t - a. ■�.ai,� r ( an a K =fa +_. y.:.. i.K. a y a5 ✓t ':z - o9ala nc :.idla.:. 4. mal. F.a 7,2M8 RE jyje�!L *-. Tlhe. MeM0jA,N yPLj WM IX ifFi' 7. Exhibit C Page 17 • SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NE 1/4 OF SECTION 7, TOWNSHIP J NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. s r89r5559:'W 95.00, a N ti JOHN MONA �0.55 ACRES � 0 b � PEiI1V7° OF 2 9ECIAWIM C �1 C 7 lVJ �2�617511' �i32J7s' �e r2a87s' 8,01' _— !!704" F Exhibit C Page 18 I � �'" ", � d • _ Vii_ DAVWPURNELL i f �. •:, _..l f1 4I1. °. i.. CISb' * ! i b t. 9 � b'%.. 'k.'wt Sr -- l ^� b.� -'�. in4 `.I'` ,:�b M'" •..- ' ing -atanduminumeap monument 'ilmking the $SOLI' hWesWY Colum of WdSWY4 Of the NW V4 ftm W" a 5/8 inch diameter nwking the norlhwesterly corer of said SW's. of the NW la berms N 0001'36r W a ftbiiceof 1328.30 feet; Tic N 0001 `367° W along the westedy boundary of said SW 1/ of the NW V4 a distam of 1033.44 feet to the PONT OF BEf3llDt G Thence ciontimfing N 0°01'36' W a distance of 115.+63 feet to a point ming the extension of the boundary of DUNWOODY SUMMON as shown fit Book 58 of plats at Page 5482 in the office of the Recorda, Ada County, Idaho, Thence leaving said westerly distance of 376.52 feet to ' a D OODY DMSION; Thence continuing along said i -,�ofT�ig�ttl� 1115,63fectx�rft�o. i DUNWO boundary S 891121'41" E along said exlended boundary a paint an angle point in the boundary of said a!;-#) I stmIll , Itt. ;.'b .:l - tNWOW i II.. d li.Mb iib l�b a b I This deception was prepaied fmm rwmd infotmadon and no field smvey was pmfonne& Civil Spey Comm 1nmporated is not liable or responmible for any discrepancies that a field mvey night disdosir. I : ;,b"Srb I -0 a;alli _ F 1.,9„, _. Exhibit C Page 19 Alk Allik SKETCH TO ACCO ANY ANNEXATION DESCRIPTION F0 THE CITY OF MERIDIAN LOCATED IN THE SW 114 OF THE NW 114 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO s 1/16 Nl� 1-8Sr2l'41 375:52' IW7 70 SMF DAVID PbRIVELL 1.00 ACRES E pawnor N 8921'41 w J76. � 11129 114 Exhibit C Page 20 FGR .L._. CrrYOFNUMWIAN, IDAHO ! :Y A pucel located in the SW '/. of Section 32, Township 4 MAX Range I East, Bobo Meridian, Ada Coney, Idaho, more particulady d -bed as follows: Commencing at a 518 inch diameter iron pin marking the soudwasterly corm of said SW fium w1dich a bra cap monument marking' the southwesterly t=er of sad S 89'43'17" W a distance of 2655.34 feet; Thi S 143' I T' W along the southady boundary of said SW I/ a distance of 6633 feet to the POINT OF 81 ODMING; ,.l�.rK. �....'a. ,.,.a�.taa,a '�.- a•�'.ri.. {'1' r!" " s,q. a - mar.«�� .�s�=.£- R,«lr��.;f W. AkI,. yy + f ) - C. a lr ! IA • F distance Sof 90-00 0f ..d to a point s., the westedy boundary of CMWION SUMMON / I as shown in Book 87 of Page 99,43 in said office of the Recorder, Thence S Q®OI'36" E along said westerly boundary a dish of 295.00 feet to the POINT OF BEGINNING. This pared contains 0.61 acm, more or less. a .,. a .-,.«.-_.. ► v f ';!: al `.r�r e 6 s•Ai :.ra a U.�c la -£'1 3. t srur -.r a a a i ` E£:. -- ,� _ L i3 # Y4 -., AF LA W. '. i f 1" LLii A, i M 1M• i tea; wAe,�Oo Rtt ,m{RKS bWT' Exhibit C Page 21 Exhibit C Page 22 Ask Ah SKETCH TO A CCOMW Y ANNEXATION DESCRIPTION FOR IHE CITY OF MERIDIAN LOCATED IN THE SW 1/4 OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE . MERIDIAN, ADA COUNTY, IDAHO. rs V E P N 89'43'17" E VO.00, to JI &Gar a fddlW'ir e sup trr�ta PIAtR sc�nmswar. m s scrov rca r For M sE JOSE 1yARNOT 0.8J ACB95 ry 0 II Q ut ae r $ 25 SF 32 .Tim, Ric t90F.9F' 90.00 66J8.3.' S 5 um RIP U577CK RDAD S 89'43'17" W F/4 PONT 02655..x4` eBR0MINO Exhibit C Page 22 O' PU.- FORTIM CITY OF MERIDIANS IDAHO - F rl a r F in the of rica F l 31, Tlownship,4 Nortk Range a.c 3o ..: MaWian, AdaCounty, ldF a mm pmrtimlady F F. As P. F '-. � !E Fl *iF 9'.. _ : � l�C F 7 ^_!T ". sy �_! F- 1. it ;1 .@!:8 � Ike a ! E ;3=_' s1• -" _ G �.;e7,.. a > : a :, .?) - F ! qq.=1': F � S � � � ♦ 6.F ' 4 '. r�a�. T P 4 F.j P #.il P :� F F:1 71i1 F 1. �� �. Them continuing N V 16 '38" E a disbuice of 329-30 feet to a point; 11101 -Il .R1..@ w:" F a:IAF aF0'19"37"of 329.30 fed wa. point; Thme N 991159104" E a distance 661.72 feet to the POINT OF BEGMKING. This PamelcontainsM =H^,, moreor less. ► t, w F e 3 f a � .417411111111111!111111EMI `a iIII III I F i e i ::l I a 1 illillia �:4 a- 111 RIFF. !- a F S P 43 F a♦! a,F X M1 Rai A P13 L1C iNOKS Dm Exhibit C Page 23 Exhibit C Page 24 AL IdEkk Sk'ETCH TO ACCO ANY ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE SE 114 OF SECTION 31, TOWNSHIP 4 /NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. 3 0111Agy � 114 aG two FOA � C! S 89-59-04- W 61.43' 4i 0o i C11 Nfit FO ,i"Ce9Li aN9 W CHURCH OF JHSUS CHRISTKIR ° OF LATTER DAY SAINTS N� a 5.00 ACRES a b enc � N 895904" E 661.72' � R h V US7XK ROAD F9N Ric JI {J,y, Rt£ Exhibit C Page 24 ANNEXATION DESCRIPTION FORTH, CITY OF I]IDAHO A parcel located in the NE % of Section 13, Township 3 North, Rap 1 Westf Boise Meridim Ada County, Idaho, More ocularly described: as follows: w renr a T c s Na l4 7!M7 — _ . �f st A# which an alumimm FS nwnument #E c X. 2' _k C.L i _... . -comer o Said SE EAST a distance 1 2657.30feet; Theme EAST along the northerly boundary of said NE %. a distance of 664.33 fed to the, P{)IN"T' OF BEGINNING; Thence continuing EAST a distance of 302.13 feet to a point on the extendW westerly boundwy of TROUM&PARK SVBIDfp'IS 010 as shown m look 75 of Plat at page 7763 in the office of the Recorder, Ada County, Idaho; Thence leaving said northerly bomWary S 000831" W a distance of 613,810 fect to a point marldng an angle paint on the northedy boundary of staid TROWNER PAR SM"IM, , Thence leaving said welly boundary N 72.0915811 W along said northerly boundary a distance of 317.12 fed to a point on the eastmly boundary of FRANAI ►' SQUAB SI,M171G7SION as awn in Book 44 at Page 3587 in the office of the Recorder, Ada County, Idaho; leaving said northerly boundary N 0°08'27" E along said easterly boundary a distoce 51+6.68 feet to the POINT OF BEGINNING. This description was prepared from record. inforraidon and no field survey was performed. Civil Survey Consultants, Incorporated is not liable or le for any dkoepancies that a field survey might discltw. iE iA 4 :16 ! f33 -i-V i 3i �Yjm"*,jj4 11 q Exhibit C Page 25 SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NE 114 OF SECTION I3, TOWNSHIP 3 NORTH; RANGE 1 WEST, BOISE MERIDIAN, APA COUNTY, IDAHO. FRANKLIN ROAD EAST2esa to a2 7 r_.., aee..ra' _ r69fi.es' 13 78 POW .3fi2. li' G - i BOADWAY & tl ULL,9N a PARTNERSHIP I 3.92 ACRES it L40M r e p .. rxhumFrr pam ,.y oda Z �l tnrnx�rro saua� � s uav+wsgw 8a �a r $i y,rd9;Tpd NOT ro scac£ G d 9 b Exhibit C Page 26 ANNUaTIONDE SCRIMON FOR CITY OF ., ' IDAHO a A parcel located in the NE % of Section 1, Township 3 No* RanSe Ranl Was4 Boise Meridian, and being a part of Lot 3 of Block l of S72UUER FARi19S SUBDIMIONNQ. 2 as shown is Book 70 of Plats at Page 7148 and a1w being a part of Parte A as shown on, Property Boundary A ustment Record of Survey No. 6141 in the office of the girder, Adis County Idaho, mare pml iculariy dewribed as Maws: Commencing at a brass eV monuram maftg the northeasterly comer of said NE V4 Brom which a Y, inch diameter iron pin maddag the northwesterly corgi of said NE % bei N 8919143" W a distance of2662.33 ft; Thence N 89019'43" X11 along the northerly boundary of said NE '/ a distance of 300.85 feed to the P01NT OF BEGGING; Thence continuing N 8V19'43"' W a distance of +632.67 few to a point a tarldrig the extension Of the westerly boundary of said Lot 3 and Pend A; Thence leaving said- northerly boundary 0017'24" W along said extended westerly bounce a distance of 426.38 feet to a 5/8 inch diameter iron pias maddog the southwesterly carer of said Lot 3 and Parcel A; Thence S 89° 19' 19" E along the southe*'ly boundary eat'said Lot 3 and Pastel A a distanm of 632..67 fed to a % inch diameter iron pin marking the souftwerly corner of said Pawl A; Thence leaving said Lot 3 southe ;+ boundary N OP 17' 4°' E along the easterly boundary of said Parcel A a distance of 426.45 feet to the POINT 43F BEG G. This parcel contains 6.19 ams, mote or lea. This de scrlption was prepared from record Wormation and so field survey was performed. Civil Survey Consultants, lnoDrpomted is not liable or responsible for any discrepancies that a field survey might disclose. Prepared by: Gleam IL Bennett, Pik Civil Survey Consultants, Incorporated November 7, eM REVIEW , lav 11.1 E r, mF-yJ AN PUt3� wOPKS cam: Exhibit C Page 27 0 • SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NE 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. Nor ry SCQE 114 17,28.81 POINT OF BEGLVAWC Faff;j 407 J 5XVIZIPi FAQ sUaWISAW A10. i 40r 4 ni. PA%E:F4 D SrR,F.WR FA%Izr 40r 2 Exhibit C Page 28 PA9M A y.A4AWralCNr a PRESI3?TMPY OF BOISE a uahArirc 6.19 ACRES 407 J 5XVIZIPi FAQ sUaWISAW A10. i 40r 4 ni. PA%E:F4 D SrR,F.WR FA%Izr 40r 2 Exhibit C Page 28 46WTON BOUNDARY DMCWFMN FOR CTry.OF r 1!` R I !1 parcel loeaW in the E V4 of section 14. .'..fit it z .. . G i .'i' IYr a r 'y, - i'.' r ' ,a' :t ► r 6 : CkiYis 7-211 a 710 no I ,i i I I ia p,011 bew 8 ► .' a distence of26$7.49feet: Thence S 0033112" '44i' along the easterly boundary of said NE % a distwce of 1623.61 feet to a point on the extensim of the nordwly boundary of said Lot I 1 and beWg the POINT OF BEGINIMO; Thence continuing S 4" 33' i r w a distance of 102.46 feet to a point on the extension of the softly boundary of said Lot 11; 'Meaac a leaving said easterly bonadwy N 59°12, ,, W along said southerly boundaty a distance of 664.76 feet toa pointmarking the southwestedy co= of said Lot 11; Them N X3'47" E along the wewdy boundary of said Lot I i a distant of 102.03 feet to a point munidnS the nordwesterly oomer of said Lot 11; Them S 119*13'04" E along said northerly boundary a distance of 664.75 fit to the POINT OF BEGINNING. This pal contains 1.56 acres and is subject to any casments Ming or tm I r S" 9 9 1 E� ily I �iI AMM -1 '9. M SIFTS ,f- r i 7 i�..i,.� 4 ,.M rib 5 :i47 LF V � Of A. i FEB 21200 Exhibit C Page 29 SMTCN TO ACWUP NY AArAZrATlON DAWC*JPTI0N FOR T C!'TY OF AOMMIAN LOCCAM M SVCT1ON 14, TO#7VMWP 3 NORTH, l "GZ 1 WAW, B0JW JMWL4jV IDAHO. SCALE r''-100* It 12 WHIMST£1NE MATES SB.rBf3iW-WAr AO 4 1$ 1.3 t9l-C :'K 7 a a ROCK 14 rs r 12 11 10 9411 4 q, r 10 POW OF -v S 89'f J' " E 6&4.7 ° N W1234 W &S4 Ar i a2 BOOK 12 Or AAS, PAGE 688 R£NI�IP A FEB ro 2 2 r3 „� R Mos Cm 12 r, 1i7 a s r i &€OCK r . MPES:M SU ,.51 114 Exhibit C Page 30 ANNEXATION DESCRIPTION FOR . CffYOFMKUDIAN� ]IDAHO A pacel locaWd is the NIB /cif Seedoh 7, Toymshaip 3 Nardi, Range 1 East Boise Mend' Ada Coxes, Idaho, more parfieWady &mnlW as follows - which a brass cap momment matking f1m southmstetiycomer s.; YSaid NEIRYet,_, If R-7 x . I ► I,, :. Q1 FUMMOJUN I mi 0 till ! ♦ I,t,. ie A i i � '+A� ui 1 tea'. v 3r 7224 the office. !- " ':+.Y 1' e County, 1 s i 1 Thm'W living said southmiy boundary N 3r10'57" W along said extended westerly boundary a distance of 204.10 feet to a p Thence leaves said westedy boundary S 8925'x4" W a distance of 131.74 feet to a point, Thence 8 004456" E a distanoe 160.86 feet to the POINT GP BEGINNING. This parcel contains 0.72 acom more or less, 'li o -i 1 YI A m i 1 T i '" 1 1. ,y • s 11 kr -. -Na ' a : Y i. A. - Exhibit C Page 31 SKETCH TO ACCO ANNEXATION DESCRIPTION FORE CITY OF MERIDIAN LOCArW IN THE NJ�Y /4 OF SECT/ON 7, TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN/, ADA COUNTY, IDAHO. Exhibit C Page 32 it 0 0 D. Required Findings from Unified Development Code (UDC 11 -5B -3E) 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the current use of the properties as single-family residences, commercial businesses, and churches, is consistent with the requested zoning districts and future land use map designations for these properties. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to these properties. b. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds that the proposed annexation is in the best interest of the City. Exhibit D Page 1 • March 6,2W9 PP 08-011 MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT Trade Plaza Subdivision Development, LLC REM NO. S -E REQUEST Findings for Approval — Request for Preliminary Plat approval of 17 commercial lots on approximately 8.7 acres in a C -G zone for Trade Plaza — Northwest corner of Meridian Road and Corporate Drive 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 Findings Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Page 1 of 1 Tara Green From: Bill Parsons Sent: Tuesday, March 03, 2009 3:20 PM To: Jaycee Holman; Tara Green; Ted Baird; Bill Nary; Michelle Albertson; Anna Canning; Machelle Hill Cc: Peter Friedman; lance@AspenEngineers.com; Arthur Berry & Company; Ron Sargent Subject: Trade Plaza FFCL for 3-10-2009 CC MTG Follow Up Flag: Follow up Flag Status: Green Attachments: Trade Plaza FFCL.doc; Trade Plaza PP ALT FFCL updated staff report.doc Attached are the Findings of Facts and Conclusions of Law for the Trade Plaza Preliminary Plat application (PP - 08 -011). These documents are scheduled to be on the City Council consent agenda for March 10, 2009. Please call or e-mail with any questions. Thanks, Bill Parsons Associate City Planner Meridian Planning Department 33 E. Broadway Meridian, Idaho 83642 PRONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org 3/6/2009 CITY OF MERIDIAN ERJDIAN7,�� FINDINGS OF FACT, CONCLUSIONS IDAHO OF LAW AND DECISION & ORDER In the Matter of Preliminary Plat of 17 Commercial Building Lots on 8.7 acres in a C -G Zone and Alternative Compliance to Reduce the 20 -foot Landscape Buffer to 17 -feet along the Southern Boundary of Lot 4, Block 1 within Trade Plaza Subdivision, by Trade Plaza Development, LLC. Case No(s). PP -08-011 and ALT -08-025 For the City Council Hearing Date of: February 24, 2009 (Findings on the March 10, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 24, 2009 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 24, 2009 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 24, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 24, 2009 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-011 and ALT -08-025 -1- 9 • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Preliminary Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of February 24, 2009 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 11, 2008 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 24, 2009 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-011 and ALT -08-025 -2- 0 • the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 24, 2009. By action of the City Council at its regular meeting held on the day of V Nn , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED _Vj)�, MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T de Weerd Attest: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-011 and ALT -08-025 -3- Jaycee HbfmanjCity Copy served upon Applicant, The Attorney. \\\``II11U U H flifftf�'/' EAL Planning btpa�n2+i'i�, Public • Works Department and City Y: Dated: 3` t u -0 —I ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -08-011 and ALT -08-025 -4- STAFF REPORT Hearing Date: February 24, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner SUBJECT: Trade Plaza - PP -08-011 & ALT -08-025 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST U E IDIAN=;- The applicant, Trade Plaza Development, LLC has applied for Preliminary Plat approval of 17 commercial building lots on approximately 8.7 acres. Concurrently, the applicant has submitted an alternative compliance application requesting a reduction to the 20 -foot wide landscape buffer along the southern boundary of Lot 4, Block 1 of the proposed subdivision. 2. SUMMARY RECOMMENDATION Staff has provided detailed analysis and is recommending approval for the Trade Plaza Subdivision (PP -08- 011) with included conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on January 15, 2009. At the public hearing the Commission voted to recommend approval of the subiect PP request. a. Summary of Commission Public Hearing: i. In favor: Art Berry ii. In opposition: None iii. Commenting: None iv. Written testimony: Lance Warnick v. Staff presenting application: Anna Canning A. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. Cross access between Phase 1 and Phase 2 of the proiect. ii. The extension of Corporate Drive proposed with the Waltman Proiect. c. Key Commission Change(s) to Staff Recommendation: i. Condition 1.1.1 second bullet: As necessary a cross -access easement shall be recorded via a recorded document and/or note on the final plat to insure that all lots within the subdivision have direct access to the public street system. ii. Condition 1.1.1 third bullet: No building permits will be issued for the unplatted portion until subsequent final plat or plats are recorded. d. Outstanding Issue(s) for City Council: i. None. Trade Plaza PP -08-011 & ALT -08-025 PAGE 1 Summary . r 1- City CoundLPublicr , _ I favor: _. _r. . M_r 1 1 1 11__'_1 1 None RL 1 11_11 ' I t1' Ron Sarojit Written testimony*1 None Staff presenting a1 1 �1 I Bill Parsons /_ Other _ .I 1 _I_I_ 1_I_ I_ y_ I g 1 I e 1 1 __ Y 1 1 Von' Trade Plaza PP -08-011 & ALT -08-025 PAGE 1 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -08-011 as presented in the staff report for the hearing date of February 24, 2009, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -08-011 as presented in the staff report for the hearing date of February 24, 2009, for the following reasons: (you should state specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP -08-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of Meridian Road and Corporate Drive Section 13, T3N R1W b. Owners: Land Investors, LLC Trade Plaza Development, LLC 1375 E. Braemere Road 960 Broadway Avenue, Suite 450 Boise, Idaho 83702 Boise, Idaho 83706 Idadiv Credit Union 1822 N. Midland Boulevard Nampa, Idaho 83687 c. Applicant: Trade Plaza Subdivision, LLC 960 Broadway Avenue, Suite 450 Boise, Idaho 83706 d. Representative: Lance Warnick 5. PROCESS FACTS a. The subject application is for a preliminary plat per City Ordinance. A public hearing is required before the Planning and Zoning Commission and City Council consistent with the provisions of Meridian City Code, Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance. A public hearing Trade Plaza PP -08-011 & ALT -08-025 PAGE 2 K' Issues 1 Discussion _ Access from Meridian Road and Corporate Drive and I I rl a within Phase_ 1- discussedL Council I_ ' need to record _ I _ access agreement a_I. 1 clarifie g. permits _ 1 Phase 2 would -I. 1 be issued untiJ ; final plat , is recorded Key Coun&Changes to Coi1mession Recommendafm Condition 1_I.1 1strikenecessary-r I I II the conditim Condition - - - third 1 ._._. 1 read: No 1 ___ L_ I_' 1 ' .x.1.1 rill be issued I 1.' 1 .. 1. 1; 1 1 I r1. 1 I_ 1' _I. y.. -I. ' 1 as Phase.. I 1_ _ ; subseauent final i vlat 1 ' rck1 11 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -08-011 as presented in the staff report for the hearing date of February 24, 2009, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -08-011 as presented in the staff report for the hearing date of February 24, 2009, for the following reasons: (you should state specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP -08-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of Meridian Road and Corporate Drive Section 13, T3N R1W b. Owners: Land Investors, LLC Trade Plaza Development, LLC 1375 E. Braemere Road 960 Broadway Avenue, Suite 450 Boise, Idaho 83702 Boise, Idaho 83706 Idadiv Credit Union 1822 N. Midland Boulevard Nampa, Idaho 83687 c. Applicant: Trade Plaza Subdivision, LLC 960 Broadway Avenue, Suite 450 Boise, Idaho 83706 d. Representative: Lance Warnick 5. PROCESS FACTS a. The subject application is for a preliminary plat per City Ordinance. A public hearing is required before the Planning and Zoning Commission and City Council consistent with the provisions of Meridian City Code, Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance. A public hearing Trade Plaza PP -08-011 & ALT -08-025 PAGE 2 is not required consistent with the provisions of Meridian City Code, Title 11, Chapter 5. c. Newspaper notifications published on: December 29, 2008 and January 12, 2009 Commission; February 2 and 16, 2009 (Council) d. Radius notices mailed to properties within 300 feet on: December 19, 2008 Commission; January 30, 2009 (Council) e. Applicant posted notice on site by: January 5, 2009 Commission; February 2. 2009 (Council) 6. LAND USE a. Existing Land Use(s): Vacant commercial land b. Description of Character of Surrounding Area: The subject site is primarily surrounded by developed and undeveloped commercial land/uses. c. Adjacent Land Use and Zoning 1. North: Troutner Park Subdivision and John's Auto Care, zoned C -G 2. East: Commercial restaurants, zoned C -G 3. South: Storage Facility, zoned C -G. 4. West: Unimproved parking lot and office building, zoned C -G and L -O d. History of Previous Actions: On September 18, 2008, the Planning and Zoning Commission heard this item and recommended approval to City Council. Prior to the City Council hearing, the applicant withdrew the application. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: S Meridian Road Location of water: S Meridian Road Issues or concerns: None. 2. Vegetation: Primarily weeds are growing on the site. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. 7. COMMENTS MEETING On December 29, 2008 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Sanitary Services Company and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial" The Comprehensive Plan defines Commercial as: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. At this time, a bank is proposed to be constructed in the future to serve area residents. Other uses in the area include drive-throughs, restaurants, drinking establishments and retail stores. Staff believes the future use is compatible with Trade Plaza PP -08-011 & ALT -08-025 PAGE 3 0 • surrounding commercial uses in the area and is consistent with the goals and objectives of the Comprehensive Plan. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject PP application and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. Applicable municipal services are: • Sanitary sewer and water service will be extended to the project at the developers expense. • The subject lands are serviced by the Meridian City Fire Department. • The subject lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChD). This service will not change. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for Commercial on the Comprehensive Plan Future Land Use Map. Staff believes that over time, a variety of commercial and retail opportunities will be provided on this site. • Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one right-in/right-out only driveway on Meridian Road; designated an arterial street and one full access driveway on Corporate Drive, designated a collector street. The UDC requires access be taken from local streets when available and access to a local street is not proposed with Phase 1. Further, AChD and the applicant have entered into a settlement agreement granting access to Meridian Road. The full access driveway to Corporate Drive provides a secondary means of access for the future bank site and first phase of the proposed development. The extension of Third Street with Phase 2 will provide access to local streets in the future. • Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed commercial development is appropriate along Meridian Road, a major corridor. • Chapter V, Goal III, Objective D, Action item 5: Require all commercial businesses to install and maintain landscaping." The developer will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping. • Chapter IV, Goal I, Obj. A, #6: Permit new commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This parcel is already annexed into the city. Sanitary sewer and water are available to this parcel. Trade Plaza PP -08-011 & ALT -08-025 PAGE 4 • • • Chapter VI, Goal II, Objective A, Action 13: Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Corporate Drive is currently stubbed at the west property line and 3rd Avenue is stubbed at the north property line approximately 950 feet from Meridian Road. The applicant is proposing to extend Corporate Drive approximately 480 feet with a temporary emergency turnaround with Phase One of the development. The remainder of Corporate Drive, to connect with the existing Corporate Drive to the west, and the extension of 3rd Avenue are proposed to be constructed with Phase 2 of the development. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-213-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. A credit union is anticipated on this site. Financial institutions are principally permitted use in the C -G district, however if a drive through teller window is proposed, it will require CUP approval if the drive-through facility is within 300 feet of another drive-through facility. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. PRELIMINARY PLAT ANALYSIS: Analysis of Facts Leading to Staff Recommendation a. Plat Design —The proposed preliminary plat depicts 17 buildable lots on approximately 8.7 acres of land in a C -G zoning district with a proposed gross density of 1.96 lots per acre. Proposed lots range in size from 13,151 square feet to 40,313 square feet and average 19,943 square feet. Further, a 35 -foot wide street buffer landscape easement is required along Meridian Road, classified as an arterial street and an entryway corridor, a 20 -foot wide street buffer landscape easement is required adjacent to Corporate Drive, classified a collector street and a 10 -foot wide street buffer landscape easement along 3`d Avenue, classified a local street is required per UDC Table 11-2B-3. Phasing Plan: The applicant is proposing to phase the project in two phases. With phase one the applicant is proposing to plat 5 commercial lots. With phase two the remaining twelve commercial lots are proposed for platting. It is the intention of the applicant to plat phase one of the project to proceed with the development of the Credit Union on the site. The platting of phase two is contingent upon market demand. Staff is generally supportive of the phasing plan proposed by the applicant. b. Zoning (Dimension) — The site is currently zoned C -G. Therefore, the applicant must comply with the dimensional standards for the C -G zoning district listed in UDC Table 11-2B-3 as outlined in this report. In addition, the applicant must comply with the allowed uses in the C -G district outlined in UDC table 11-213-2. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The purpose of the plan is only to illustrate the required perimeter landscape buffers required for the proposed subdivision. The UDC requires a 35 -foot wide landscape buffer adjacent to Meridian Trade Plaza PP -08-011 & ALT -08-025 PAGE 5 0 0 Road; designated an entryway corridor, a 20 -foot wide landscape buffer adjacent to Corporate Drive and a 10 -foot wide landscape buffer along 3`d Avenue. In addition, all landscape buffers shall be planted with trees and shrubs, lawn or other vegetative groundcover. Staff has reviewed the submitted landscape plan and finds the landscape plan submitted substantial complies with the UDC. However, a portion of the landscaping will be located within ACHD right-of-way. Therefore, the applicant shall enter into a license agreement with ACHD to allow landscape improvements within the right-of-way. Alternative Compliance: The applicant has applied for alternative compliance to allow for a reduced buffer along lot 4, Block 1 of the proposed subdivision. The applicant is proposing a 17 -foot landscape buffer instead of the 20 -foot wide landscape buffer required by the UDC. The reason for the reduction is ACRD is requiring additional right-of-way at the intersection which parallels the future bank site (Lot 4, Block 1). Thus, the shape is affected by this action. The proposed 17 -foot wide landscape buffer will include the required amount of trees, lawn and a 4 -foot shrub bed. The remaining buffers along Third Street and Corporate Drive are proposed to be planted with the required amount of trees, lawn and required buffer width. Staff believes the applicant is meeting the intent of the landscape ordinance and this portion of the landscape buffer adjacent to Corporate Drive will add to the visual interest of the proposed development. In Lieu of the Landscaping Standards, staff supports and approves ALT -08-025 associated with the findings in Exhibit C. Parking Lot Landscaping: Landscape plans shall be submitted with the Certificate of Zoning Compliance applications for the development which should comply with UDC 11-3A-8. Access: Access to this development is proposed from a right-in/right-out only access driveway to/from Meridian Road located approximately 150 feet north of the intersection. The applicant states a settlement agreement with ACHD grants a curb cut on Meridian Road. Another full access driveway is proposed along Corporate Drive approximately 250 feet from the intersection. In addition, the applicant is proposing to extend Corporate Drive approximately 480 feet with a temporary emergency vehicle turnaround with Phase 1 of the development. The remainder of Corporate Drive (approximately 783 feet) and the extension of 3rd Street (stubbed at the north property boundary) are proposed to be constructed with Phase Two. UDC 11-3A-3 prohibits direct lot access to arterial and collector streets when local street access is available. With Phase 1 of the proposed plat, the applicant is not proposing access to a local street. With Phase 2 of the project, the applicant should provide access to local streets and provide the connectivity between Phase 1 and Phase 2 of the proposed plat per the UDC. Staff is recommending the applicant provide an ingress/egress easement along the western boundary ensuring cross access with Phase 2 of the project and access is taken to/from a local street per the UDC. With final plat submittal, the applicant shall depict the easement on the plat as described above. Cross -Access: With the amount of lots proposed with this commercial subdivision, staff has concerns with the potential access points that could occur on Corporate Drive with this project; particularly since the applicant has not shown any additional curb cuts (driveways) for Phase 2. Cross access should also be provided to all lots within the development via a note on the recorded final plat or a separate recorded agreement, so all lots have access to the public street system. A copy of the recorded cross access easement(s) should be provided at the time of final plat submittal. Elevations: The applicant has stated in the narrative a credit union is proposed for Lot 4, Block 1 in the near future and is aware a CUP is required to establish a drive-through use on the site per UDC 11-4-3.11. Therefore, the applicant has provided staff with photos of an existing Idadiv Credit Union. Staff has reviewed the photos and believes the building shown in these photos (attached in Trade Plaza PP -08-011 & ALT -08-025 PAGE 6 • Exhibit A) would not conform to design review standards of the UDC. Staff realizes these photos are for informational purposes only; however, any future building shall be subject to design review approval prior to release of building permit for the site. Staff is recommending additional elevations be made available to staff prior to the hearing. 11. EXITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: December 11, 2008) 3. Landscape Plan (dated: December 11, 2008) 4. Photos of Existing Idadiv Credit Union (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health C. Required Findings from the Unified Development Code Trade Plaza PP -08-011 & ALT -08-025 PAGE 7 A. Drawings 1. Vicinity Map Exhibit A 2. Preliminary Plat (dated: December 11, 2008) 0 H16'�1BI i0(1 VAnd 30V& Y&M am Asaoa:rM Noudrdolm RULVO 4. Exhibit A pil 3. Landscape Plan (dated: December 11, 2008) Exhibit A h e „„��`� i 14'ld .121a1NIWl'f3�d N0I9IA1C39C1S 'VZd"1d 3CIv�Jl e� g g J Exhibit A h 0 0 4. Photos of existing Idadiv Credit Union (NOT APPROVED) �3 Ott a., =A, h' f Exhibit A 41 Y >, j6 u �3 Ott a., =A, h' f Exhibit A 0 • B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Treasure Valley Engineers, dated December 11, 2008, is approved, with the conditions listed herein and with the following changes: • A 35 -foot wide street landscape buffer easement is required along Meridian Road. A 20 -foot wide street landscape buffer easement is required adjacent to Corporate Drive and a 10 -foot wide street landscape buffer easement is required along 3rd Avenue per UDC Table 11-2B-3. As approved with ALT -08-025, a 17 -foot wide landscape buffer easement is required adjacent to Lot 4, Block 1. • system; As _o__------- A cross -access easement shall be recorded via a recorded document and/or note on the final plat to insure that all lots within the subdivision have direct access to the public streetsystem. • No building permits will be issued for the unplatted portion identified as Phase 2 until a subsequent finallap t or plats are recorded. • Driveways shall be from Corporate Drive (full driveway) and Meridian Road (right-in/right- out only driveway), as proposed. Future driveways and/or access shall be in accordance with UDC 11-3A-3. • The remaining portion of Corporate Drive and Third Street shall be extended with Phase 2, as proposed. 1.1.2 The landscape plan prepared by Treasure Valley Engineers, dated December 11, 2008 labeled L-1 (attached in Exhibit A), is approved with following modifications from the Planning Department: • Enter into a license agreement with ACHD to include landscape improvements within the right-of-way adjacent to Corporate Drive. • All required landscape buffers shall be constructed in accordance with UDC -11-3B-7. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-313-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9- 1-28. 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. Exhibit B 0 • 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.2.8 All future buildings within the Trade Plaza Subdivision shall be subject to the Design Review standards that are in effect at the time of application submittal. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to City's Engineers signature on the final plat. 1.2.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in S Meridian Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of the 10 inch main in Meridian Road. Due to fire flow requirements the applicant will need to continue to install a 10 -inch water main along the proposed W Corporate drive from S Meridian Road to the end of the temporary vehicle turnaround. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Exhibit B 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 All grading of the site shall be performed in conformance with MCC 11-12-311. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 - feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the foundation is at least 1 -foot above. Exhibit B 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support a weight of 75,000 lbs. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 Maintain a separation of 5' from the building to the dumpster enclosure. 3.8 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898- 5500 to address this concern prior to the public hearing. 3.9 There shall be a fire hydrant within 100' of all Fire Department connections. 3.10 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around; edge of pavement for the turn around shall measure 96 feet in diameter. Phasing of the project may require a temporary approved turn around on streets greater than 150 feet in length with no outlet Exhibit B 0 • 3.11 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 3.12 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 M). 3.13 Provide cross access between Phase 1 and Phase 2 of the project. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.16 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. POLICE DEPARTMENT 4.1 The Police Department has not provided comments on the subject application. 5. PARKS DEPARTMENT 5.1 The Parks Department has not provided comments on the subject application. 6. SANITARY SERVICE COMPANY 6.1 No comments were provided by SSC. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Construct Corporate Drive as one of the following: a. If funds are available to the District at the time the applicant moves forward with the project, enter into a development agreement with ACHD to design and construct the entire width of Corporate Drive—including curb and gutter on both sides, 5 -foot detached sidewalk on the north side, and 5 - foot attached sidewalk on the south side—abutting the site. ACHD shall be responsible to reimburse the applicant for the costs of 6 -feet of pavement width and curb, gutter, and sidewalk improvements along the south side of Corporate Drive. If the District enters into an agreement with the applicant to improve the south side of Corporate Drive, the applicant should coordinate Exhibit B with District staff and property owners to the south to ensure the appropriate location of access points along the south side of Corporate Drive. b. If funds are not available to the District or an agreement is not entered into, improve Corporate Drive to one half of a 40 -foot street section with curb, gutter and 5 -foot detached sidewalk on the north side plus 12 -feet of pavement on the south side. 7.2 Dedicate 17 -feet of right-of-way along Corporate Drive abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of- way dedication after receipt of all requested material. 7.3 Provide a minimum 10 -foot sidewalk easement along the north side of Corporate Drive abutting the site. 7.4 Dedicate additional right-of-way and provide a sidewalk easement as necessary to accommodate the widened section of Corporate Drive toward Meridian Road. The District shall be responsible for the purchase of this additional right-of-way, with the exception of a sidewalk easement. Provide this sidewalk easement to the District at no cost. 7.5 If the development is final platted in phases and Corporate Drive is not constructed through the site, construct a minimum 45 -foot radius temporary turnaround at the west terminus of Corporate Drive on the Phase 2 portion of the site. Provide a turnaround easement for any portion of the turnaround that lies outside the dedicated right-of-way. 7.6 (Phase 2) Construct Third Avenue as a 40 -foot commercial street section with vertical curb, gutter, and 5 -foot attached sidewalk on both sides abutting the site. 7.7 (Phase 2) Dedicate 54 -feet of right-of-way along Third Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. 7.8 Construct one curb -return type access onto Meridian Road from the site, located approximately 150 - feet north of Corporate Drive (measured near -edge to near -edge). The driveway shall be no wider than 36 -feet, and paved its full width at least 30 -feet into the site. 7.9 Construct one curb -return type access onto Corporate Drive, located approximately 250 -feet west of Meridian Road (measured near -edge to near -edge). The driveway shall be no wider than 36 -feet, and paved its full width at least 30 -feet into the site. 7.10 Request approval for any additional access onto Corporate Drive. 7.11 Other than the access specifically approved with this application, direct lot access to Meridian Road is prohibited, and shall be noted on the final plat. 7.12 Comply with all Standard Conditions of Approval. Standard Conditions ofAp Yp oval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Exhibit B 0 i 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at the time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water 8.3 Run-off is not to create a mosquito -breeding problem 8.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center Exhibit B 0 C. Required Findings from the Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council generally supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fords that public services are available to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council fords that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to their attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C 9 2. Alternative Compliance Findings: Exhibit C 0 In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR ACRD is requiring additional right-of-way at the intersection which parallels the future bank site (Lot 4, Block 1) and site design has commenced making it difficult to conform to the required 20 -foot wide landscape buffer. Therefore, Staff finds the applicant's request meets the intent of the City's landscape standards. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The alternative the applicant is proposing exceeds minimum planting requirements of the UDC. Therefore, Staff is supportive of the applicants request for alternative compliance from the landscape standards reducing the buffer from 20 feet to 17 feet. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use / character of the surrounding properties. r: 0 March 6, 2009 MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT ITEM NO. S -F REQUEST Approve Sanitary Sewer and Water Easement Agreement for Great Wall by Kin San Chan and Xiao Hua Huang 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: Emailed: )Tarr innais: Materials presented at public meetings shall become properly of the City of Meridian. Phone: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOISE IDAHO BVM 110:4 AM —RRandynin III Maddlan CIV 109045640 THIS INDENTURE, made this _ _ day of '7?i 4P CUl - , 20D 9 between .the parties of the first part, and hsreeina, called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessaryto maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consichration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The casement hereby granted is for the purpose of construction and operation of sanitary sewer and waxer mains and their allied f cilides, together with their ice, repair, replacement and additional connection thereto of waxer or sanitary sewer mains at the convenience of the Grantee, with the five right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and rigbt-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDEIMMD AND AGREED, by and between the parties hereto, that afkw making repairs, pedxmingother mainumaitce ormaking subsequent connections to the sanitary sewer or water line, Grantee shall restore the area of the int and adjacent py roperty to that existent prior to undertaking such repairs and mice. However, Grantee shall not be responsible for repairing, replacing orrrstoring anything placed within the arra described in this easement that was placed there in violation of this easement. My of Ate, IdahD Samb" Sc wee and water Main Easement EASMT.S&W 129-09 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. IWITNESS WHEREOF, the said patties of the first part have hereunto subscribed their signatures y and year first herein above written. GRANTOR: �tAt1 Hvq t-1uca�ur X�i��Yi���i��l� STATE OF IDAHO ) ) ss County of Ada ) On this -T r4 day of 2�1C Public in and for said State ' �'�`' before me, the undersigned, a Notary personally appeared IcIM sa t u a.t xtw1� Fiv�i�.! known or identified to me to be the acknowledthat executed the within instrument, and executed the ged to that such s, �,,,c, same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my offici t al seal the day and year fist above written ��,ti. ARY P OR IDAHO 77 iding at: toyI Awry/ ,.e • Commission Expires: City of M ••• Sanitary t EASMT.S&W 1-29-09 GRANTEE: CITY OF MERIDIAN Of Tammy de WV%or AQ.A� JLL r Attest by Jafiee L. Holman, Cityell r 18K •� i�cbumv. Approved By City Council On: STATE OF IDAHO ) )ss County of Ada ) On this A ""-- day of ? , 20 6 `1 . before me, thegned, a Notary Public in and for said State, pmonallyappe red TAMMY DEWEERD and JAY(ML• HOLMAN,knownto me to be the Mayor and City Clerk, mpectively. of the City of Meridian, Idaho, and who executed the within inst<imnent, and acknowledged to me that the City of Meridian executed the same. IN VMNFSS WHEREOF, I have hereunto set my hand and affixed myofftial. scal the day and year first above written. NOTARY LIC FOR IDAHO (SEAL) Residing atr . (2 , 0 _ uo Commission Expires. V_—_ A 4 - /2, Chyof Maddim Mabo Sanitary Sewer and weber Main Easement EASMT.S&W 1-29-09 314 .H.. SL CakhNd, ID 83:05 Ph ka n pi 6 16wr- 0:454-0256 Fax 0:454-0979 m : @ EXMIT "A" SANITARY SEWER & WATER EASEMENT An easement being a portion of the SWI/4 NW1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more pazticulady described as follows: Commencing at the southwest comer of said SWI/4 NW1/4, comer wed with a brass disk; Thence S 89° 4523" E a distance of 70.00 feet along the south boundary of said SW1/4 NWl/4 to a point on the easterly right of way of Eagle Road; Thence N 00° 36' 09" E a distance of 543.50 feet along said easterly right of way ofEagle Road to the POINT OF BEGINMG; Thence contimung N 00° 36 09" E a distance of 291.15 feet to a point Thence S 530 03'5 1" E a distance of 27.14 feet to a pow Thence S 01° 09 35" E a distance of 156.15 feet to a point; Thence S 89° 23' 57" E a distance of 35.76 feet to a point; Thence S 00135' 59" W a distance of 84.72 feet to a point; Thence N 89° 23157" W a distance of 33.16 feet to a point; Thence S 01109 35" E a distance of 34.29 feet to a point; Thence N 89123' 52" W a distance of 3033 feet to the POINT OF BEGINNING. This easement contains 0.236 scree more or less. A SANITY SEWER EASEMENT IN 7HIE SV% SW4 OF SECTION 4 TOWNSHIP 3 NORTH, RANGE I EAST, OF THE BOISE MERIDIAN ADA COUNTY 2009 i 3'810 I 27.14' ai a L -+ r— cL-3'57'W �'—MV3 -E POINT OF BEGINNING 5" 0 I W � cc 9366 2 o j� tL. � � o Q ON��d�'" W GREAT WALL RESTAURA ff a4WARY SOMM & ararER EASSAIAW aw *. APOW SOUTHWEST CORNER OF THE SW14 NW4 anon f3, sm�e ?• a yam, e 89'45'23" E Canfield 70.00' Wmen low rni Immm 0 • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 3/6/2009 Re: Proposed Agenda Items for 3/10/09 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/10/09 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Easement for Great Wall by Kin San Chan and Xiao Hua Huang. Typical Sanitary Sewer and Water Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Easement for Great Wall by Kin San Chan and Xiao Hua Huang and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 0 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDEN'T'URE, made this — day oft -'!/' Cll —,20 .0 6Lbetween the parties of the first part, and hereinafiel 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 and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and additional connection thereto of water or sanitary sewer mains 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, performing other maintenance or making subsequent connections to the sanitary sewer or water line, 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. City of Meridian, Idaho Sanitary Sewer and Water Main Easement EASMT.S&W 1-29-09 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 fust part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ss County of Ada On this ` 'q day of it -'-el �� , 20 6'2 , before me, the undersigned, a Notary Public in and for said State, personally appeared k µ 5 a At t Vt q 't ,c ► ft„ tt,,RM known or identified to me to be the that executed the within instrument, and acknowledged to me that such -,RL executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. A I -P> �,Qs�F�A�)n1ent jibTARY PUB�'OR IDAHO EAResiding at: to y -j c /y•,�! �. • . ow Commission Expires: 0' / City of Me Sanitary Sewe EASMT.S&W 1-29-09 C� GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ) ss County of Ada ) • On this day of , 2Q--, 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. NOTARY PUBLIC FOR IDAHO (SEAL) Residing at: Commission Expires: City of Meridian, Idaho Sanitary Sewer and water Main Easement EASMT.S&W 1-29-09 0 i Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID 83605 -N ta n Pi, c Id, in,- Ph (208) 454-0256 Fax (208) 454-0979 e-mail.: dho1zhey@a.mseng.us EXHIBIT "A" SANI I.'ARY SEWER & WATER EASEMENT An easement being a portion ofthe SWI/4 NWI/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described, as follows: Commencing at the southwest corner of said SW 1/4 NW1/4, corner marked with a brass disk; Thence S 89° 45'23" E a distance of 70.00 feet along the south boundary of said SW 1/4 NW1/4 to a point on the easterly right of way of Eagle Road; Thence N 00° 36 09" E a distance of 543.50 feet along said easterly right of way of Eagle Road to the POINT OF BEGIlVNING; Thence continuing N 00° 36'0911 E a distance of 291.15 feet to a point; Thence S 53° 03' 51" E a distance of 27.14 feet to a point; Thence S 01 ° 09' 35" E a distance of 156.15 feet to a point; Thence S 89° 23' 57" E a distance of 35.76 feet to a point; Thence S 00° 35' 59" W a distance of 84.72 feet to a point; Thence N 89° 23' 57" W a distance of 33.16 feet to a poi Thence S 01' 09'35" E a distance of 34.29 feet to a point; Thence N 890 23'52" W a distance of 30.33 feet to the POINT OF BEGINNING. This easement contains 0.236 acres more or less. 9 r F�Ct-t ■ E3 /r T � • Lit • • A SANITY SEWER EASEMENT IN THE SO4 SWY4 OF SEC770N 4 TOWNSHIP 3 NORTH, RANGE I EAST, OF THE BOISE MERIDIAN ADA COUNTY 2009 i S53'511E I 27.?4' Jig Ivi oil Jain t S8923'5%E h 1 35.76' 3� El E1 n �I I 351E POINT OF BEGINNING M8923'S2'w MM' 0 tn V >' t L, Lu � Is Lu 41 �Q 9366 2 M �� W �d2/g,T�pq o p_ 4. GREAT WALL RESTAURANT amWAW SEVVW a WATM RASONEff pe ABp APE407 SOUTHWEST CORNER � eo+�► OF THE SWY4 NWy ason & M i• = low my 0 S 89'45'23 E tarn eF �t'e so eoaa�s 70.00' �`0' t I a aw SANITARY SEWER AND WATER MAIN K&Nh NT THIS INDENTURE, made this - day of '92� 4/' G/ , 20between the parties of the first part, and hereinaftef 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 and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and additional connection thereto of water or sanitary sewer mains 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, performing other maintenance or making subsequent connections to the sanitary sewer or water line, 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. City of Meridian, Idaho Sanitary Sewer and Water Main Easement EASMT.S&W 1-29-09 0 0 THE GRANTORS hereby covenant and agree that they will not place or al low to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, Purposes stated herein. which would interfere with the use of said easement, for the THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shal I become part of, or lie within the boundaries of any public street, then, to such extent, such tight -of -way and easement he by which lies within such boundary thereof or which is a part thereof, shall ran cease and becotm fect and shall be completely relinquished. null and void and of no further ef 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 s 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 fust herein above written. GRANTOR: tN STATE OF IDAHO � ss County of Ada On this ` r` .../ day of e, (G so a Zp P c/ , before rite, the undersigned, a Notary Public in and for said State, perscynally appeared k ra a 1 known or identified to me to be the }—""� G that executed the within instrument, and acknowledged to me that such executed the same. IN WITNESS WHEREOF, I have hereunto set my hated and affixed my official seal the day and year fist above written. B � �w�SEAL TARP R IDAHO esiding at: to Commission Expires: d' City of Me Sanitary Sew trent EASMT.S&W 1-29-09 • GRANTEE. CITY OF MERIDIAN /— pF MER, Tammy de W1 ayor EALACA'U.4 I I = . = Attest by Ja L. Holman, City ' r iEl -,�`� ''Ill 1111m Approved By City Council On: �. STATE OF IDAHO ) ) ss County of Ada } On this A, day ofa4 20 6 . 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, azul 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) City of Meridian, Idaho Sanitary Sewer aW Water Main Easement NOTARY POBUC FOR IDAHO Residing at: Commission Expires. EASMT.S&W 1-29-09 0 . a so w q Professional Engineers, Land Surveyors and Planners t -a nT1 314 Badiola St. Caldwell, ID 83605 Ph (208) 4540256 FaX (208) 454-0979 e-mail: dholzl1a@u1sena.us EXMIT "A." SANITARY SEWER & WATER EASEMENT An easement being a portion of the SWI/4 NW1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: Commencing at the southwest corner of said SW1/4 NW 1/4, comer marked with a brass disk, Thence S 890 45'23" E a distance of 70.00 feet along the south boundary of said SWI/4 NWIA to a point on the easterly right of way of Eagle Road;- Thence oad; Thence N 00° 36'09" E a distance of 543.50 feet along said easterly right of way of Eagle Road to the POINT OF BEGINNING; Thence continuing N 000 36'09" E a distance of 291.15 feet to a point; Thence S 530 03' 51" E a distance of 27.14 feet to a point; Thence S 01 ° 09' 35" E a distance of 156.15 feet to a point; Thence S 890 23' 57" E a distance of 35.76 feet to a point; Thence S 000 3559" W a distance of 84.72 feet to a point; Thence N 89° 2357" W a distance of 33.16 feet to a point; Thence S 010 09'35" E a distance of 34.29 feet to a point; Thence N 89° 2352" W a distanceof 30.33 feet to the POINT OF BEGINNING. This easement contains 0.236 acres more or less. ■ S ■ "T al. 111E� mm A SANITY SEWER EASEMENT IN THE SW14 SWY4 OF SEC77ON 4 TOWNSHIP 3 NORTH, RANGE I EAST, OF THE BOISE MERIDIAN ADA COUNTY 2009 1 o3'sr F i 27.14' 1 1� �Iqs _1 V:E�e i �W Iii I I � 6 'S7'T � � 1 1 1 r —: ` I 3'37-W POINT OF 0 TMi d - w 0 QO 0 z SOU 7`H WEST CORNER_1 OF THE SW,# NW14 89 '4523" E 70.00' GREAT WALL RESTAURANT SANITARY SEMMM & WATER EA89MMEW as Ila. AP24W MON& Botamdary ason & ,• Q low xv � rolIVORM mi 1 02f"Anr March 6, 2009 MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT ITEM NO. S -G REQUEST Approval of Task Order 0669B for Construction Staking of Water and Sewer Improvements in Conjunction with the ACHD Split Corridor Phase 1 Project for $6,020.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached TASK ORDER NO. 06698 CITY OF !(MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN MERIDIAN ROAD AND MAIN STREET SPLIT CORRIDOR — PHASE 1 CONSTRUCTION SERVICES PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0669B — Construction Services Item #1 - Per the City's request, the Engineer will provide professional surveying services related to the construction of the sewer and water improvements to be constructed in conjunction with Ada County Highway District Project No. 506040. The engineer will provide one set of construction stakes for sanitary sewer manholes, water meters, blow -offs, sewer and water stubs, and water main bends shown on plans Item #2 — Per the City's request, the Engineer has revised construction plans to include water and sewer service stubs to the Meridian Dairy Barn and a fire hydrant along Main Street adjacent to Storey Park. TIME OF COMPLETION Surveying services will be completed as requested with a minimum of 48 hours prior notice. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0669B is $4,500 for Item #1 and $1,520 for Item #2 for a total of Six Thousand Twenty dollars ($6,020.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF MERIDIAN Cil Attest: CLERK Approved by City Council: ENGINEER BY: V imo by A. Burge 1;�j011111114111"A 1/ICE PRESIDENT �-i 111A , ,gy; Ol r,V ! f17 ii P11 f6i1��,`. 0 • 'Me o To: Jaycee Holman; Tara Green From: Kyle Radek CC: File Date: March 6, 2009 Re: Proposed Agenda Item for March 10, City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 10, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Approval of Task Order 0669B for construction smoking of Water and Sewer Improvements in conjunction with the ACHD Split Corridor Phase 1 Proiect Construction staking was specificall not covered in the original Task Order No. 0669. The amount requested on this task order for the staking of the water and sewer improvements is $6,020.00. Recommended Council Action: The Public Works Department recommends that City Council approve the Task Order No. 0669B for construction smoking of Water and Sewer Improvements in conjunction with the ACHD Split Corridor Phase 1 Project of $6,020.00 and authorize Public Works to proceed with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 TASK ORDER NO. 0669B CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN MERIDIAN ROAD AND MAIN STREET SPLIT CORRIDOR — PHASE 1 CONSTRUCTION SERVICES PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0669B — Construction Services Item #1 - Per the City's request, the Engineer will provide professional surveying services related to the construction of the sewer and water improvements to be constructed in conjunction with Ada County Highway District Project No. 506040. The engineer will provide one set of construction stakes for sanitary sewer manholes, water meters, blow -offs, sewer and water stubs, and water main bends shown on plans. Item #2 — Per the City's request, the Engineer has revised construction plans to include water and sewer service stubs to the Meridian Dairy Barn and a fire hydrant along Main Street adjacent to Storey Park. TIME OF COMPLETION Surveying services will be completed as requested with a minimum of 48 hours prior notice. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0669B is $4,500 for Item #1 and $1,520 for Item #2 for a total of Six Thousand Twenty dollars ($6,020.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF MERIDIAN by City Council: 0 • FNOINEER imo by A. Burges 9, ,'%%j►t►►1►,,,,VICE PRESIDENT O • March 6,2W9 Department Reports MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT Legal Department ITEM NO. 6,A-1 REQUEST Update on Meridian Heights / Kentucky Ridge Request for Service 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 rim Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 0 Page 1 of 1 Tara Green From: Bill Nary Sent: Wednesday, February 18, 2009 8:50 AM To: Tom Barry; Anna Canning; Peter Friedman; Brad Hoaglun (External); Charlie Rountree; David Zaremba; Keith Bird; Tammy de Weerd Cc: Jaycee Holman; Tara Green Subject: Request for Service from Meridian Heights and Kentucky Ridge Follow Up Flag: Follow up Flag Status: Green Attachments: Request for Service.pdf I received this request from Planning this morning. Do you want to schedule this for discussion on a future date? Bill Nat -N, Cine Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Ph.#'s Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 3/6/2009 r February 16, 2009 Mayor Tammy de Weerd Meridian City Council City of Meridian Meridian City Hall, Suite 300 33 East Broadway Avenue Meridian, ID 83642 Re: Meridian Heights Water and Sewer Association 0 Dear Mayor de Weerd and Councilmen Rountree, Zaremba, Hoaglun and Bird: FEB 18 2009 City ®f Meridian Planning Department I am writing on behalf of Meridian Heights Water and Sewer Association (MHWSA) to request approval for MHWSA to connect with the City of Meridian (City) and receive sewer services and potable water supply on a contractual basis upon formation of the Meridian Heights Water and Sewer District. As you are aware, MHWSA will no longer be able to dispose of wastewater at their wastewater land application site as of Spring, 2009. The inability to dispose of wastewater will constitute a public health emergency for the residents of Meridian Heights and Kentucky Ridge subdivisions who currently receive sewer services from MHWSA. Additionally, the public drinking water system well that supplies water to these two subdivisions is contaminated with uranium constituting another serious public health concern. MHWSA currently operates the public water system under a Consent Order from the Idaho Department of Environmental Quality (DEQ) which requires MHWSA to address this problem. A letter from DEQ attesting to the severity of these problems is included in this packet (Appendix A) for your review. Due to cost, reasonable access, efficacy, timing and exhausting. all other options, it was determined that the only reasonable alternative available to MHWSA is to connect with the City infrastructure as a means to secure continued services. initial discussions concerning this matter were focused on the concept of annexing Meridian Heights and Kentucky Ridge subdivisions into the City as a condition of providing sewer and water services. A phased approach was proposed dealing first with sewer services and then to address potable water supply. It was acknowledged that both the collection and distribution system would require evaluation and potential upgrades to ensure compliance with City requirements prior to the City assuming ownership of the systems. Toward that end, an annexation application was prepared pursuant to City Code and submitted to the City Planning Department for review. It was initially thought that funding for the design and construction of the sewer extension from MHWSA to the City would be secured through establishing a local Improvement District (LID). it is our understanding the City has expressed concerns with regard to sponsorship of the LID petition in terms of potential liabilities the City might incur through that arrangement. Further, it is unclear whether or not City Planning and Public Works Department(s) will support the annexation request given the uncertainty associated with funding and the existing MHWSA infrastructure. The City requested MHWSA approach Ada County with a request to sponsor an LID. The Ada County Board of County Commissioners was presented with the request on February 10, 2009 during their regularly scheduled open business meeting. After discussion, the Board voted to deny the request and their response is included with this submittal (Appendix B). CENTRA Consulting, Inc. • 413 West Idaho Street, Suite 302, Boise, Idaho + Tel: (208) 338-9400 • Fax: (208) 338-3844 + www.centrainacom A number of other funding options have been pursued during the course of trying to resolve this dilemma. A brief synopsis of those efforts is provided below. State Revolving Loan Fund (SRF): The Idaho Department of Environmental Quality has indicated funding through this mechanism would not be available until July 2009 and only in the event that MHWS is successful in competing against other applicants. Given that the construction must be completed prior to the notice of award and well before the actual funds become available, this option was deemed to not be a viable alternative. It is, however, an option to consider in resolving issues associated with potable water supply and is being pursued with regard to that concern. Community Infrastructure District (CID): While appealing at first, there are significant hurdles to overcome with this alternative. The first is that as a new funding mechanism, no one is quite sure how to move forward with implementing it. A significant majority of homeowners need to confirm willingness to participate and then the City of Meridian needs to move the application through their yet to be established process and then secure a bond for the'money. It is highly unlikely that this could be accomplished in the time available for such an exercise. MHWSA worked with Development Planning and Financing Group, Inc. to develop a CID proposal. Unfortunately, the cost for utilizing CID funding was significantly more than anticipated and ultimately prohibitive. Bond Bank: MHWSA approached the Bond Bank with regard to potential funding of the project. A Bond Bank representative indicated they would be unwilling to support an application for funding from MHWS because there is no 'safety net' for the state to fall back on in the event of a default. The Bond Bank mechanism is primarily available to municipalities with taxing authority to cover any losses that might occur. Given that position, the Bond Bank does not appear to be a viable alternative. Private Lenders: While there are individuals with the financial resources to assist with this project, it is doubtful they are willing do so at a competitive interest rate. This fact makes it unlikely that a private lender or lenders would be a preferred option as a funding source. Lending Institutions: Considerable discussion occurred with Zion's Bank as a potential lender as well as other banks in the area. Ultimately, none were able to provide funding at an affordable rate to MHWSA. It has been suggested that the City may be willing to contract for sewer services for some specified period of time if MHWSA-proceeds with formation of a Water and Sewer District pursuant to Idaho Code Section 42-3204. As you are aware, a Water and Sewer District (District) is a duly recognized governmental entity and as such would be able to sponsor formation of a LID as well as pursue other funding options with more favorable terms than MHWSA is able to as an 'association'. This would obviate the need to secure sponsorship of an LID petition from another governmental entity. Additionally, it is believed that formation of a District provides more security to a contractual relationship with the City for a variety of reasons. The advantages afforded by the formation of a District are detailed in a letter (Appendix C) from Ms. Stephanie Bonnie of Moore Smith Buxton & Turke, Chartered. Ms Bonnie is a member of the law firm retained by MHWSA to assist in the formation of a District. The next available election date to form a District is May 26, 2009 and it is anticipated that the District formation will occur once the election results are recorded. If the City determines it is willing to enter into a contract to provide sewer services to the District, it is imperative that the terms of such an agreement be defined as soon as possible to ensure sewer service is available from the City once the District is formed. It is readily apparent that the only viable option to avert a public health emergency is for MHWSA connect with City sewer. This is entirely contingent on the City's willingness to allow MHWSA to connect to City services. It appears that the best scenario for all concerned is for MHWSA to proceed with formation of a District and contract with the City for wastewater disposal services. This will solve the K Immediate crisis and allow MHWSA to evaluate the existing infrastructure and perform any necessary upgrades prior to annexation and transferring ownership of the collection system to the City. The same scenario extends to resolution of the public water supply issue as well. MHWSA is proceeding with engineering design, approvals and construction to establish a connection with City sewer in anticipation of City approval of this request and successful execution of a contract for sewer services with a Meridian Heights Water and Sewer District. MHWSA respectfully requests the Meridian City Council approve the request from MHWSA to connect to City services and authorize staff to provide any practical and necessary assistance to accomplish this goal. Time is of the essence in this matter and we anxiously await your decision. Sincerely, �� Stephen E. West President, CENTRA Consulting, Inc. 3 0 • Appendix A STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL. QUALITY • 1445 North Orchard • Wse, Idaho 83708 • (208) 3730550 C.L. "Butch' 01ter. Governor Toni Hardesty, Director September 9, 2008 Mr. Thomas H. Barry Public Works Director City of Meridian 660 Watertower, Ste. 200 Meridian, ID 83642 Subject: Meridian Heights / Kentucky Ridge Subdivisions — Public Health Emergency Dear Mr. Batty: 1 am writing this letter at your request, responding to the up -coming public health emergency at Meridian Heights / Kentucky Ridge Subdivisions. First, the wastewater land application disposal field will no longer be available or useable after this September. Although the wastewater from the subdivisions can be stored over the winter in their ponds, they will need another disposal method in the spring of 2009 and beyond. Therefore this will be a public health emergency in the spring of 2009. The only feasible option is a connection to the City of Meridian sewer system. Second, the public drinking water system well that supplies water to these two subdivisions is contaminated with uranium. This is a serious public health concern. The most reasonable and cost effective option to fix this problem is to abandon that well and connect to the City of Meridian drinking water system. This letter does not address the issues of annexation, funding, construction, etc., all of which are important parts of this puzzle. However, it is my professional opinion that the driver in this situation is the serious health threats posed by their failed wastewater land application disposal field and their contaminated well. While I appreciate the limits of what the City can do by law, l ask that the City do everything possible to help these people out of this situation by allowing connection to the City systems as soon as possible, 1 will be out of state until October 6*, but will be available to discuss this further with you and the Mayor and Council after that time. Sincerely, Mark Mason, P.E. Engineering Manager, Boise Regional Office Idaho Department of Environmental Quality c: Clint Doisby, P.E., Acting City Engineer, Meridian File I DW Engineering, Reading Fite • Appendix B • February 11, 2009 r� ADA COUNTY Mayor Tammy de- Weerd Meridian City Council City of Meridian Meridian City Hall, Suite 300 33 East Broadway Avenue Meridian, ID 83642 COMMISSIONERS" OFFICE 200 W. front Street, 3 rd Floor Boise, Idaho 83702 (208) 287-7000 Fax (208) 287-7009 bocci @adaweb.net www.adaweb.net Re: Request to Ada County on Behalf of Meridian Heights Water and Sewer Association to Sponsor a Local Improvement District Dear Mayor de Weerd and Councilmen Rountree, Zaremba, Hoaglun and Bird: On February 10, 2009, Mr. Stephen E. West, President of CENTRA Consulting, Inc., presented to the Ada County Board of Commissioners a request on behalf.of Meridian Heights Water and Sewer Association (MHWSA) to sponsor formation of a Local Improvement District (LID). We recognize that time is of the essence in this matter and that the immediate resolution of wastewater disposal is paramount while the County empathizes -with the dire circumstances of the MHWSA and the residents of Meridian Heights and Kentucky Ridge subdivisions, we did not agree to sponsor the LID application. The reasons for this were as follows: 1. It would be inconsistent with County policy for the County to sponsor such an entity for the purpose of connecting to a city sewer system. That role is better suited for the city receiving the wastewater and the -benefit of tau: revenue. 2. It is unclear what level of liability and responsibility the County would incur as a result of being a sponsor for the LID. 3. At this point, the County has no indication of the willingness of all impacted property owners to commit to the debt burden associated with an LID. 4. County sponsorship of the LID could promote establishment of an enclave of non - annexed property within Meridian's city limits as the city's boundaries move southward 5. There will likely be additional costs to MHWSA and the residents of Meridian Heights. and, Kentucky Ridge subdivisions associated with evaluation of the existing collection system and any identified structural upgrades that may be ,required. It is not clear what expectations might be placed upon the County under that scenario. 6. The County believes a better solution to the problem would be the formation of a water and sewer district that would then contract with the City of Meridian for wastewater disposal as described below. i 0 Meridian Mayor and City Council Re: Meridian Heights Water and Sewer Association February 11, 2009 Page 2 Ada County acknowledges that a public health emergency is imminent with regard to MHWSA and the residents of the Meridian Heights and Kentucky Ridge subdivisions. It has been suggested that the City of Meridian might be willing to contract with MHWSA for disposal of wastewater if MHWSA were to form a water and sewer district pursuant to Idaho Code Section 42-3204. The City of Meridian is in the sewer business; Ada County is. not The two affected subdivisions are, and have been, within Meridian's Area of City Impact as this problem has evolved Now, we are asking that you step in and assist the residents you ultimately plan to annex into your city on this pressing public health matter. If the City of Meridian is willing to contract with the water and sewer district for disposal of wastewater, the immediate public health emergency would be averted. It would also allow time to permanently resolve both the wastewater and potable water supply issues currently faced by area residents. Toward this end, we are available to assist to the extent practical in working with the affected parties to ensure resolution of this matter. Sincerely, Ji�//X4��40' U4�-_ Sharon M. Ullman, Commissioner Rick'Y'zaguur ,Commissioner cc: Mr. Stephen E. West, CENTRA Consulting, Inc/ Mr. Val Hill, President, Meridian Heights Water and Sewer Association 'lcommissionerlcocwrent correspondence 20091meridian mayor and city Council TO meridian water and sewer.doc 0 . Appendix C 0 0 MOORE SMITH BUXTON & TURCKE, CHARTERED AMMan AND COUNSMORS AT LAW 950 W. BANMM STI M, SLTM520; Bozsr, 0 83702 1'H MRONS (208) 331-1800 EM (M)331 -UM www=sbaRW.Cam LOREN W. ANDERSON STE WOO J. BONNEY- JOHN J. MCNXI)EN o, f Counsel SUSAN B. B=ON* MtC"MC. MOOREFOf Counsel PAULJ.PcrZEIe Pus-ROUNiw a Also admitted in California BRUCE M, sma" *Alsoad- in Oregon PAULA. TURC1W ° Also admitted in South Dalmia CARL) WMMOW a Also admitted in Utah $Also admitted in Washington February 11, 2009 Val Hill - Meridian Heights Sewer and Water Association P.O. Box 472 Meridian, ID 83680 Dear Mr. Hill, Thank you for the opportunity to meet with you and discuss the issues facing your Association. As we discussed, the Association, which serves the Kentucky Ridge and Meridian Heights Subdivisions, currently utilizes land use application to treat its sewage waste. The Idaho DEQ Will not renew the land use application permit and the Association must seek immediate alternative means to provide sewer treatment. The Association must either to connect to the City of Meridian for sewer treatment or build its own treatment plant. Regardless of the method, new collections lines will have to be installed to transport the waste. The most logical fielding mechanism for the costs of these needed improvements is a local improvement district C LID" j. Local improvement districts provide a mechanism through which certain improvements can be funded by tax exempt bonds. The bonds are paid for by assessments against the property that is benefited from the improvements. Property owners can pay the assessment in full or finance the payments through a period of years. However, an LID must be created by a political subdivision. As we discussed, neither Ada County nor the City of Meridian are willing to create the LID for the needed improvements. Thus, the only other option for creating an LID is to form a sewer district. As the Association also provides water for the subdivisions, I would recommend a combined sewer and water district. The newly formed sewer and water district can create an LID to pay for the sewer improvements. There are additional advantages to forming a sewer and water district. The district will be a political subdivision with full taxing powers. The district will be able to issue both revenue and general bonds. The district will be entitled to statutory liability protections that exist for political subdivisions. The district will be entitled to obtain insurance from ICRW, an affordable February 11, 2009 Page 2 insurance program exclusively for local governments. These are justa few of the advantages and powers that government entities are entitled to. The residents of the subdivision will also benefit from the formation of the district. Residents will be able to vote for board members. There will be full accountability of the actions of the Board through requirements such as the Public Records Act, Open Meetings Act, and audit requirements. In the event that the district contracts with the City of Meridian for sewer treatment, the contract for treatment can be accomplished through a j oint powers agreement. The district will be able to deal and contract with the City as a government entity. It is likely that the City of Meridian will be more comfortable contracting with another government entity for service rather than a small private association. The district will have several funding mechanisms to ensure that the City -is reimbursed for providing treatment. If you would like to pursue the formation of a district, please contact me immediately. The next available election date to submit the question of the formation to the residents of the Association is May 260'. The petition will need to be approved by the district court at least 35 days prior to that date. Please do not hesitate to call me if you have further questions. Sincerely, "ii.l- Bonney March 6, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT Public Works Department ITEM NO. 6-B-1 REQUEST Reimbursement Agreement with Linder 109 for 21 inch Sewer Trunk from Overland Road to Ten Mile Road for $226,212.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Emailed: JTaTT ininais: Materials presented at public meetings shall become property of the City of Meridian. Date: Phone: COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 21 -INCH SANITARY SEWER TRUNKLINE OVERLAND ROAD TO TEN MILE ROAD THIS AGREEMENT made this -Pday of March, 2009, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Linder 109, LLC, hereinafter called "DEVELOPER': WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER's property and future property to be annexed into CITY, shown on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to -all conditions hereinafter provided by this Agreement; WHEREAS, the sanitary sewer system has been completed in accordance with the approved plans and the project was accepted by City on February 15, 2008. NOW THEREFORE, in consideration of the foregoing premises, CITY anti DEVELOPER hereby agree: A. Construction of the Project. L DEVELOPER has installed and constructed the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER has obtained and/or provided all engineering, surveying, contract administration, and/or permanent and temporary' necessary for the construction of the Project. 3. DEVELOPER has undertaken and/or provided all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. COOPERATIVE CONSTRUCTION AND REMMURSEMENT AGREEMENT — Page I of 12 4. CITY has provided inspection services for the construction of the Project in accordance with CITY standards. B. Solicitation of Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at Ieast three (3) properly licensed public work contractors. DEVELOPER awarded the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. C. Contract Terms. DEVELOPER has provide CITY with a copy of the executed construction contract(s). All construction contract(s) included, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and he Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall mAintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contrdctor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials Of the Project, which warranty shall be assignable to CITY, to be secured by securing a COOPERATIVE CONSTRUCTION AND .REIMBURSEMENT AGREEMENT — Page 2 of 12 0 letter of credit in favor of City upon project completion in the amount of ten percent (10%) of the total Project cost. D. DEVELOPER and CITY ResDonsibilitv for Costs. Because the DEVELOPER has constructed oversized sanitary sewer improvements; as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER has funded 100% of the cost of the Project, at $414,066, with reimbursement from the CITY in accordance with the provisions of this Agreement. E. Chance Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. F. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. G. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER the reimbursable amount of $232,012, less a 2.5% deduction for an administration fee, with net reimbursement to the DEVELOPER of $226,2-12. COOPERATIVE CONSTRUCTION AND RERMURSEMENT AGREEMENT — Page 3 of 12 2. Method of Payment. To receive payment, DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payments. CITY shall make reimbursement to DEVELOPER in two Reimbursement Payments. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to DEVELOPER's request for the first Reimbursement Payment. CITY shall make the first Reimbursement Payment of ninety five percent (95%) of the reimbursable amount ($220,411.40) upon fulfillment of each of the following conditions: (a) DEVELOPER's satisfactory substantial completion of the construction of the sewer improvements; (b) DEVELOPER'S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal' approved by City Council; and (c) Developer must be in compliance with the terms of a fully executed and binding Cooperative Development Agreement with the Ada County Highway District for the following ACRD Project: The construction of Overland Road from Linder Road to Ten Mile Road to a five (5) lane urban road section with curb, gutter and sidewalk including the realignment of Overland Road to intersect Ten Mile Road south of the Ridenbaugh Canal, the disconnection of the existing Overland Road at Ten Mile Road, the signalization of the Overland Road/Linder Road intersection and the signalization of the realigned Overland Road/Ten Mile Road intersection, all as the same shall more specifically be defined by the plans and specifications to be prepared and approved as set forth herein and as described in the Southridge Subdivision preliminary plat approval dated September 12, 2007. The second Reimbursement Payment shall be made upon satisfactory final completion of the Project and the ACHD Project to include asphalt and collars. The City's 2.5% administrative fee shall be deducted from the second reimbursement payment. H. Sanitary Sewer Lines on DEVELOPER's PropertX. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. I. Comuliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 4 of 12 2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. J. Indemnification and Insurance: DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. L. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms.and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. M. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 5 of 12 0 • the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. N. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Linder 109, LLC with copy to: Trout, Jones, Gledhill, Fuhrman, P.A. Attn: Stephen J. Gledhill P.O. Box 1097 Boise, ID 83701 Such notice shall be deemed delivered if and when delivery is accepted or three -(3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. O. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the. City of Meridian. P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. Q. Entire Agreement. This Agreement and the exhibits hereto constitute the fall and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 6 of 12 0 0 any representations, warranties, covenants and agreements except as specifically set forth herein. R. Definition of DEVELOPER'sProper_yt . The term "DEVELOPER's Propertyin the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Southridge Subdivision. S. ftdingEffect This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. T. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. U. Audits and Ins ections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. V. Construction and Severabili . If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER-, LINDER 109, LLC Hot CITY: COOPERATM CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 7 of 12 0 • COOPERATIVE CONSTRUCTION AND REDVMURSEMENT AGREEMENT — Page 8 of 12 E STATE OF IDAHO ) ) ss County of Ada } On this -LGof I "' ar c � '700k before me the undersigned,. a Notary Public in and for said State, personally appeared Jim Jewett, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WIMREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (,#dTAjtk ..s+ Pua1A0 19 STATE OF IDAHO County of Ada ) ss } Notary Public For Idaho Residing at: Commission Expires: t- Z 9_ 20 k 3 On this ,�� day of M C^01 r- l.` ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JY -GRE &Y0. - %u reC VPM, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereupto set my hand and affixedmy o tial seal the day., and year first above written. F R 's Rv91ding at: Commission COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 9 of 12 M D 7K D 70 C Z C) m V) N m 0 P'r'1 m _, c�o —f 0 M. LINDER 0 m N � V r z z m 62 STODDARD � cn � - - - MERIDIAN �' --i to X N OVERUNO j 71z X m C-) SHEPHERD t ---i Z < Ci r 1 _ CREEK -55 -0 N � -a 0 0 .� oW o C=) I" Wr- n m --+ m o M n r-------- , LINDER 0 m N � V r z z m 62 STODDARD � cn � - - - MERIDIAN �' 3> m N OVERUNO D M X C-) -1 W < Ci II � N � N r om o :* H c I" Wr- Co + C) Co m a . V s' LINDER 0 m N � V r z z m 62 STODDARD � cn � - - - MERIDIAN �' m 7fH1G(T IS LgdkZD'IBUV-13S-1VAOaddVAON30V o4epl yelplJeW a i )jurul jenmeS psoa pueWenO M � ����44 c v i s a NOIS[AloenS 300IaHinos ab b 1J3aN11 LO uj 4, F-:-.`71' : •l il:' ;'; f:_:,i::iii`'??�,.',4 " / I > S � g S '9 : V l=am II �Lf:;t;; .•;: ;`: �:_' / . .........:.. .,::.:. :�t r • t::. �:;:•t:t �m .. , I � a .y at d! d7 4t Ai dl •� I I I I I I I I I I I W — � ..i•,'%t ' .... �. �`+.. ''�� ; �. f �; ! I:?::;:; ".r I � o .- N M e� ry a in n ,:Jf.':.:.,.:•f %. , ? <. r�=.ter.:,=<-�L+!'sfr<;�_, w� 1 O (n w aW� 000 G o�� �00 Q ?mA a W � =Z. t3' 3: co o o a W2 N py_ O U c cn 09, �r L OQj&O 'JBW_- I3S WAOtIddV AONBOV 048PI UB!p!jQIN0 7fill �rsjrb of Nuni.L jemeS pepeonPUBPGAO 1111, NOISIAIOenS 3001UH.Lnos hirsj -Ogg* i . . ...... . .... Nil .............. .. ......... .. ..... . ........ ....... ... ..... ......... 1% ....... ... . .•............_..... ........... K. 1.2 sun t ............... ........... . T— I :Ila .... ...... ..... .. ..... .. ... ...... ............... . .......... ...♦. .... . . XE:t ...... ........... ti Al I . . ........ ... Ln 98 1 Amt S CM W11 Iva, m p sw -W,% pwo EX I-1 I Alkl— 13 inrt7n jaw - i oei ' 74ePl ,uelpuew Nurul aameS peon pueW®nO NOISIAIaenS 3JaRJHinos lot ! gra { I �(� II ` (81111mpQ18 I [8169y g Q ' d I.:.I. ...: yl .. 1 � i ®JL 9 go ILI j� I – –_–� –o– – d L968PL W I I I i I i • I : 3 a I i ' ra cam vmate. O d i I — ' IAJ 3 4Z'IBBL t I�. 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M.0 133H5 33S — 3NrD-MVW�I- • Za'133f�:�35 — 3MIIH�LVN I Dun { I m wm � eaw w aw aw w wW .q www owt»raww-«�w 9 • EXHIBIT "C" BLACK CAT TRUNK OVERSIZED SEWER OVERLAND TO TEN MILE (LINE A2) - 21" TOTAL CONSTRUCTION COSTS REIMBURSEABLE OR CITY ONSITE DEVELOPER -CONSTRUCTION COSTS CONSTRUCTION COSTS LINE A2 $373,126 LINE A2 $232,012 LINE A2 $141,114 Soft Cost $40,838 $0 $40,939 Total Cost $414,066 $232,012 $162,054 LINE A2 SOUTHRIDGE COSTS TO BE PAID IN FALL 2007 BY SOUTHRIDGE AND REIMBURSED FROM THE CITY OF MERIDIAN IN CONFORMANCE WITH COOPERATIVE AGREEMENT Reimbursable Construction $232,012 Hard Cost From Oversizing Reimbursement Calculations Engineering $26,200 Soft Cost NW Pipeline $5,812 Soft Cost Surveying $4,860 Soft Cost Legal $4,068 Soft Cost License Agreement NMID Soft Cost Subtotal $232,012 City Admin (2.50/6) -$51800 REIMBURSE $226,212 AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION LINE A2 0 r RECEI'V'ED memoMm 062 CITY ®F� CITY CLE�tIS;9 OFFICE To: Charlie Rountree, Council President From: Kyle Radek CC: Clint Dolsby, Scott Steckline, Tom Bary, Bill Nary Date: 3/6/09 Re: Proposed Agenda Item for March 10, 2009 City Council Meeting The following information is provided as requested regarding the reimbursement agreement with Linder 109 for construction of the 21 inch trunk sewer on the new alignment of Overland Road from existing Overland to Ten Mile Road. This agreement was originally discussed by City Council briefly on August 6 and August 14, 2007. The agreement was discussed a special Council meeting on December 20, 2007 where the Council made a decision on some specific points of the agreement and directed Legal to make appropriate changes in the language of the agreement. The agreement was never finished, but the project was completed, with the exception of finishing after road construction (raising manholes to grade). The attachments provided for City Council outline the cost of construction and reimbursement which is supported by other documents submitted by Linder 109. The costs of engineering, surveying and other "soft costs" have not been included as reimbursable expenses per notes from the August Council meetings. The reimbursement is scheduled at 95% of the total reimbursable due per the meeting notes of December 20. We do not believe there is any need to secure any collateral for warranty since the sewer lines have been inspected and accepted for over a year. The developer is out of town and has not yet executed this agreement, but requested that it be scheduled for Council as he would execute it before the Council date. Public Works intends to request to have this removed from the agenda if it is not executed and delivered to Public Works by noon on the day of the meeting. Please contact me if you have any other questions. 0 Page 1 0 • Thank you. • Page 2 Memo To: Jaycee Holman; Tara Green From: Kyle Radek CC: Clint Dolsby Date: 3/5/09 Re: Proposed Agenda Item for March 10, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 10 City Council agenda, under Public Works Department Reports, for Council's consideration: Reimbursement Agreement with Linder 109 for 21 inch Sewer Trunk from Overland to Ten Mile Road The intent of the reimbursement agreement was agreed to by Council during a special Council meeting on December 20, 2007. Recommended Council Action: The Public Works Department Recammends that Council approves the reimbursement agreement with Linder 109 for construction of the 21 inch trunk sewer from Overland to Ten Mile Road for a cost of $226,212 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 w --1 Z 7z C) s� rT,l CD Ln rri ::E `TT' 1 70 Cl !w r m ok _C. r n SHEPHERD ''y CREEK -55 rrlX:v7 N P*1 t 3 i- it—����J � (�# _ W rp 3D mTIT CA ! MERIDIAN • LINDER STODDARD I s mM < N � co Co 1� O r CA rn o N � N �► V s z 0 00cc OQa�Z co C ,41W Q 22 1� a I = o� F11.1 v . co 11 X H) r'3 i'T' 1.5 C40PI 'UBIPUOIN Nutul jemGS ploy PUBPGAO NOISIAlcons 3J©lwinns coon U 'Aw -,mss -n AOVdad A3N3SV C.) i 1 . N .n17 ';Pn'mw - II =IQ IVAMMOV A5N;IE)V s ayePl `ump Nunal JsMeS PSCI PuePenp � F U NOISI �asns soaiwinos I a .1 nil. 1 a� - _. f 4 i E -:� g a �: 0= "r ^� t n ..-.r •-.t.....y ,.. .... .__.. 11 i .. suets rl, ' y \ \ ... ".�.. fj,, r it �,�• � �_}Ij . i :-x � ,1_.t r t..' f ! �..,,..',,�•}t-'Ij.-�"�T'h.� : i 1, 4 f 4 -%l�j .�} l�i•1 �g7` I ! f �I S. 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I 1 • ,� � � lA i �� i k i } a Cle � 1• � � i i Law �f0 I r 1 i P I _ -__-_•��t of owa cc I 1 � 0 Q! �p97 t - j i i`• t rAN&L. i I � D'✓aSe r ----�.--- if i J I I---___. t— r 1 r f � 1 j'• r � 8 1 1; i _ tnm Z9,3�S 33S - �-ueurn �i f' f ; $ fq7 ,.3�IS - 3l�DLYYI ` gpg� � c i 0 EXHIBIT "C" BLACK CAT TRUNK OVERSIZED SEINER OVERLAND TO TEN MILE (LINE A2) - 21" TOTAL REiMBURSEABLE OR CITY CONSTRUCTION COSTS CON37RUCTION COST LINE A2 $373,126 LINE A2 $232,042 Soft Cost $40,836 $0 Total Cost $414,06$ $232,012 LINE A2 SOUTHRIDGE COSTS TO HE PAID IN FALL 2007 BY SOUTHRIDGE AND REIMBURSED FROM THE CITY OF MERIDIAN IN CONFORMANCE WITH COOPERATIVE AGREEMENT RaImbureable Construction $232,012 Hard Cost From Overslzing Reimbursement Caleurstions Engineering $28200 Soft Cost NW Pipeline $6,812 Soft Cost Swaying $4X0 Soft Cost Legal $4,088 Com License Agreement NMiD Soft Cost Subtotal 2 C1yAdmn t 2 0 ONSITE DEVELOPER CONSTRUCTION COSTS LINE A2 $141,114 $40'939 $182,054 REIMBURSE 5226,212 AMOUNT TO BE PAID TO SOUTHRlDGE UPON COMPLETION LINE A2 0 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 21 -INCH SANITARY SEWER TRUNKLINE OVERLAND ROAD TO TEN MILE ROAD THIS AGREEMENT made this day of March, 2009, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Linder 109, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER's property and future property to be annexed into CITY, shown on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; WHEREAS, the sanitary sewer system has been completed in accordance with the approved plans and the project was accepted by City on February 15, 2008. NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Construction of the Project. 1. DEVELOPER has installed and constructed the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER has obtained and/or provided all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER has undertaken and/or provided all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 1 of 9 0 i 4. CITY has provided inspection services for the construction of the Project in accordance with CITY standards. B. Solicitation of Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. DEVELOPER awarded the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. C. Contract Terms. DEVELOPER has provide CITY with a copy of the executed construction contract(s). All construction contract(s) included, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by securing a COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 2 of 9 letter of credit in favor of City upon project completion in the amount of ten percent (10%) of the total Project cost. D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER has constructed oversized sanitary sewer improvements, as shown on Exhibit `B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER has funded 100% of the cost of the Project, at $414,066, with reimbursement from the CITY in accordance with the provisions of this Agreement. E. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. F. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. G. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER the reimbursable amount of $232,012, less a 2.5% deduction for an administration fee, with net reimbursement to the DEVELOPER of $226,212. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 3 of 9 0 • 2. Method of Payment. To receive payment, DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payments. CITY shall make reimbursement to DEVELOPER in two Reimbursement Payments. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to DEVELOPER's request for the first Reimbursement Payment. CITY shall make the first Reimbursement Payment of ninety five percent (95%) of the reimbursable amount ($220,411.40) upon fulfillment of each of the following conditions: (a) DEVELOPER's satisfactory substantial completion of the construction of the sewer improvements; (b) DEVELOPER'S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council; and (c) Developer must be in compliance with the terms of a fully executed and binding Cooperative Development Agreement with the Ada County Highway District for the following ACHD Project: The construction of Overland Road from Linder Road to Ten Mile Road to a five (5) lane urban road section with curb, gutter and sidewalk including the realignment of Overland Road to intersect Ten Mile Road south of the Ridenbaugh Canal, the disconnection of the existing Overland Road at Ten Mile Road, the signalization of the Overland Road/Linder Road intersection and the signalization of the realigned Overland Road/Ten Mile Road intersection, all as the same shall more specifically be defined by the plans and specifications to be prepared and approved as set forth herein and as described in the Southridge Subdivision preliminary plat approval dated September 12, 2007. The second Reimbursement Payment shall be made upon satisfactory final completion of the Project and the ACHD Project to include asphalt and collars. The City's 2.5% administrative fee shall be deducted from the second reimbursement payment. H. Sanitary Sewer Lines on DEVELOPER's Prop. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. I. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 4 of 9 • 0 2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. J. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. L. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. M. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and COOPERATIVE CONSTRUCTION AND REMBURSEMENT AGREEMENT — Page 5 of 9 9 0 the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. N. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Linder 109, LLC with copy to: Trout, Jones, Gledhill, Fuhrman, P.A. Attn: Stephen J. Gledhill P.O. Box 1097 Boise, ID 83701 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. O. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. Q. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 6 of 9 any representations, warranties, covenants and agreements except as specifically set forth herein. R. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Southridge Subdivision. S. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. T. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. U. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. V. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 7 of 9 0 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: LINDER 109, LLC Tim Eck, Managing Member Date CITY: TAMMY de WEERD, MAYOR Date Attest: WILLIAM G. BERG, JR., CITY CLERK COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 8 of 9 0 STATE OF IDAHO ) ss County of Ada ) On this day of ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared Tim Eck, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ STATE OF IDAHO ) ) ss County of Ada ) On this day of ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 9 of 9 • Linder 109, LLC (2) 1560 S. Carol St. Meridian, ID 83646 Bill To City of Meridian is Invoice Date Invoice # 2/19/2009 1 33 Description Amount Reimbursement - 21" Black Cat Sewer Trunk in Overland Rd. 232,012.00 Less: 2.5% Admin Fee -5,800.00 Less: Retention -5,800.60 Total $220,411.40 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 21 -INCH SANITARY SEWERTRUNKLINE OVERLAND ROAD TO TEN MILE ROAD THIS AGREEMENT made this _day of March, 2009, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Linder 109, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER's property and future property to be annexed into CITY, shown on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; WHEREAS, the sanitary sewer system has been completed in accordance with the approved plans and the project was accepted by City on February 15, 2008. NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Construction of the Project. 1. DEVELOPER has installed and constructed the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER has obtained and/or provided all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER has undertaken and/or provided all testing, sampling and other normallyy-conducted measures for quality control/quality assurance regarding any and all installed systems. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 1 of 12 4. CITY has provided inspection services for the construction of the Project in accordance with CITY standards. B. Solicitation of Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. DEVELOPER awarded the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. C. Contract Terms. DEVELOPER has provide CITY with a copy of the executed construction contract(s). All construction contract(s) included, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (1) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contrdctor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by securing a COOPERATWE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — page 2 of 12 • 0 letter of credit in favor of City upon project completion in the amount of ten percent (101/o) of the total Project cost. D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER has constructed oversized sanitary sewer improvements; as shown on Exhibit `B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER has funded 100% of the cost of the Project, at $414,466, with reimbursement from the CITY in accordance with the provisions of this Agreement. E. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. F. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. G. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER the reimbursable amount of $232,012, less a 2.5% deduction for an administration fee, with net reimbursement to the DEVELOPER of $226,212. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 3 of 12 2. Method ofPayment. To receive payment, DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payments. CITY shall make reimbursement to DEVELOPER in two Reimbursement Payments. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to DEVELOPER's request for the first Reimbursement Payment. CITY shall make the first Reimbursement Payment of ninety five percent (95%) of the reimbursable amount ($220,411.40) upon fulfillment of each of the following conditions: (a) DEVELOPEWs satisfactory substantial completion of the construction of the sewer improvements; (b) DEVELOPER'S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council; and (c) Developer must be in compliance with the terms of a fully executed and binding Cooperative Development Agreement with the Ada County Highway District for the following ACRD Project: The construction of Overland Road from Linder Road to Ten Mile Road to a five (5) lane urban road section with curb, gutter and sidewalk including the realignment of Overland Road to intersect Ten Mile Road south of the Ridenbaugh Canal, the disconnection of the existing Overland Road at Ten Mile Road, the signalization of the Overland Road/Linder Road intersection and the signalizafion of the realigned Overland Road/Ten Mile Road intersection, all as the same shall more specifically be defined by the plans and specifications to be prepared and approved as set forth herein and as described in the Southridge Subdivision preliminary plat approval dated September 12, 2007. The second Reimbursement Payment shall be made upon satisfactory final completion of the Project and the ACRD Project to include asphalt and collars. The City's 2.5% administrative fee shall be deducted from the second reimbursement payment. H. Sanitary Sewer Lines on DEVELOPER's Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. I. Com fiance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. COOPERATIVE CONSTRUCTION .AND REIMBURSEMENT AGREEMENT — Page 4 of 12 9 0 2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. J. Indemnification and Insurance: DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or properly. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. K. No Assig�u� nen_t. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld_ L. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms.and provisions of this Agreement in the time and Manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. M. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for.breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 5 of 12 9 • the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. N. Notice . Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Linder 109, LLC with copy to: Trout, Jones, Gledhill, Fuhrman, P.A. Attn: Stephen J. Gledhill P.O. Box 1097 Boise, ID 83701 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. O. Goven3in.e Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the. City of Meridian. P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. Q. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by COOPERATIVE CONSTRUCTION AND REMURSEMENT AGREEMENT — Page 6 of 12 any representations, warranties, covenants and agreements except as specifically set forth herein. R. Definition of DEVELOPER's Property. The term'MVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Southridge Subdivision. S. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. T. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall finnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. U. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. V. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: . LINDER 109, LLC CITY: COOPERATNE CONSTRUCTION AND REIMBURSEMENT AGREEMENT —Page 7 of 12 C� TAMMY de WEERD, MAYOR Attest: JAYCEE HOLMAN, CITY CLERK Date • COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT — page S of 12 STATE OF IDAHO ) ) ss County of Ada ) On this 1 a+ day of N ar c � ,2004, before me the undersigned,. a Notary Public in and for said State, personally appeared Jim Jewett, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year :first above written. ®TARP 40.40 PUBw�G ►es9�►E ©F t�p�es` STATE OF IDAHO ) )ss County of Ada ) /it Notary Public For Idaho Residing at: Commission Expires: t - i 9 _ 1013 On this day of ,2008, 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 of the City of Meridian, Idaho, who executed the within, instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day., and year first above written. Notary Public For Idaho Residing at: Commission Expires: COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 9 of 12 0 EYCE"IT "A" COOPERATIVE CONSTRUCTION AND RERvMURSEMENT AGREEMENT — Page 10 of 12 EXMIT "B" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 11 of 12 0 EXHIBIT "C" BLACK CAT TRUNK OVERSIZED SEWER OVERLAND TO TEN MILE (LINE A2) -21" TOTAL CONSTRUCTION COSTS REIMBURSEABLE OR CITY ONSITE DEVELOPER CONSTRUCTION COSTS CONSTRUCTION COSTS LINE A2 Soft Cost $373,126 LINE A2 $232,0$0 LINE A2 $141,114 $40,939 Total Cost $40,839 $414,066 $232,012 $182,054 LINE A2 SOUTHRIDGE COSTS TO BE PAID IN FALL 2007 BY SOUTHRIDGE AND REIMBURSED FROM THE CITY OF MERIDIAN IN CONFORMANCE WITH COOPERATIVE AGREEMENT Reimbursable Construction $232,012 Hard Cost From Oversizing Reimbursement Calculations Engineering $26,200 Soft Cost NW Pipeline $5,812 Soft Cost Surveying $4,860 Soft Cost Legal $4,068 Soft Cast License Agreement NMID Soft Cost Subtotal $232,012 Clly Admin ( 2.5%) -$5,800 (2.5% of Reimbursable Construction Plus Soft Costs) REIMBURSE $226,212 AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION LINE A2 E{ )cmTT Kcll COOPERATIVE CONSTRUCTION AND REMMURSEMENT AGREEMENT —Page 12 of 12 1 0 Tara Green Page 1 of 1 From: Bill Nary Sent: Monday, March 09, 2009 2:21 PM To: Kyle Radek; Jaycee Holman; Tara Green; Scott Steckline; Jim Jewett Cc: Tom Barry; Ted Baird Subject: There was one error on the last page of the previous transmittal. This should be good for tomorrow night. Attachments: 21 inch overland to ten mile 03 09 09.doc Ciq, Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Ph.#'s Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 3/9/2009 COOPERATIVE CONSTRUCTION REIMBURSEMENT AGREEMENT 21 -INCH SANITARY SEWER TRUNKLINE OVERLAND ROAD TO TEN MILE ROAD THIS AGREEMENT made this day of March, 2009, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Linder 109, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER's property and future property to be annexed into CITY, shown on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; WHEREAS, the sanitary sewer system has been completed in accordance with the approved plans and the project was accepted by City on February 15, 2008. NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Construction of the Project. 1. DEVELOPER has installed and constructed the Project in compliance with and subject to all conditions provided herein. 2. DEVELOPER has obtained and/or provided all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER has undertaken and/or provided all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. COOPERATIVE CONSTRUCTION AND REINOURSEMENT AGREEMENT — Page 1 of 12 4. CITY has provided inspection services for the construction of the Project in accordance with CITY standards. B. Solicitation of Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. DEVELOPER awarded the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. C. Contract Terms. DEVELOPER has provide CITY with a copy of the executed construction contract(s). All construction contract(s) included, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months of the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by securing a COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 2 of 12 letter of credit in favor of City upon project completion in the amount of ten percent (10%) of the total Project cost. D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER has constructed oversized sanitary sewer improvements, as shown on Exhibit `B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER has funded 100% of the cost of the Project, at $414,066, with reimbursement from the CITY in accordance with the provisions of this Agreement. E. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. F. Completion of the Project. 1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. G. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER the reimbursable amount of $232,012, less a 2.5% deduction for an administration fee, with net reimbursement to the DEVELOPER of $226,212. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 3 of 12 0 • 2. Method of Payment. To receive payment, DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payments. CITY shall make reimbursement to DEVELOPER in two Reimbursement Payments. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to DEVELOPER's request for the first Reimbursement Payment. CITY shall make the first Reimbursement Payment of ninety five percent (95%) of the reimbursable amount ($220,411.40) upon fulfillment of each of the following conditions: (a) DEVELOPER's satisfactory substantial completion of the construction of the sewer improvements; (b) DEVELOPER'S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council; and (c) Developer must be in compliance with the terms of a fully executed and binding Cooperative Development Agreement with the Ada County Highway District for the following ACHD Project: The construction of Overland Road from Linder Road to Ten Mile Road to a five (5) lane urban road section with curb, gutter and sidewalk including the realignment of Overland Road to intersect Ten Mile Road south of the Ridenbaugh Canal, the disconnection of the existing Overland Road at Ten Mile Road, the signalization of the -Overland Road/Linder Road intersection and the signalization of the realigned Overland Road/Ten Mile Road intersection, all as the same shall more specifically be defined by the plans and specifications to be prepared and approved as set forth herein and as described in the Southridge Subdivision preliminary plat approval dated September 12, 2007. The second Reimbursement Payment shall be made upon satisfactory final completion of the Project and the ACHD Project to include asphalt and collars. The City's 2.5% administrative fee shall be deducted from the second reimbursement payment. H. Sanitary Sewer Lines on DEVELOPER's Property. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. I. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 4 of 12 0 • 2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. J. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until City accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. L. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. M. Attorney. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 5 of 12 0 0 the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. N. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 660 E. Watertower Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 DEVELOPER: Linder 109, LLC with copy to: Trout, Jones, Gledhill, Fuhrman, P.A. Attn: Stephen J. Gledhill P.O. Box 1097 Boise, ID 83701 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. O. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. P. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. Q. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 6 of 12 0 any representations, warranties, covenants and agreements except as specifically set forth herein. R. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Southridge Subdivision. S. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. T. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. U. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER 'shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. V. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: LINDER 109, LLC Tim Eck, Managing Member Date CITY: COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 7 of 12 0 IBM TAMMY de WEERD, MAYOR Date Attest: JAYCEE HOLMAN, CITY CLERK 0 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 8 of 12 STATE OF IDAHO ) ss County of Ada ) On this day of ,2008, before me the undersigned, a Notary Public in and for said State, personally appeared Tim Eck, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ STATE OF IDAHO ) ss County of Ada ) On this day of 2008, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 9 of 12 9 EXHIBIT "A" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 10 of 12 EXHIBIT "B" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 11 of 12 • EXHIBIT "C" 0 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT — Page 12 of 12 L� March 6, 2009 • Department Reports MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT Public Works Department ITEM NO. 6-B-2 REQUEST Reimbursement Agreement with JU Enterprises, Inc. for Overland Road Water Main for $138,240.83 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 12 -INCH WATER MAIN FROM THE INTERSECTION OF OVERLAND AND LINDER ROADS WEST APPROXIMATELY 5000 FEET THIS AGREEMENT made this7day of Y , 2009, by and between the CITY OF MERIDIAN, a municipal -corporation, hereinafter called "CITY," and JW Enterprises, Inc., hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct approximately 6,000 feet of 12 -inch water main, along Overland Road, to be owned, operated, and maintained by CITY to serve DEVELOPER's property, South Ridge Subdivisions. (shown on Exhibit "A"), and has requested reimbursement for a portion of the 12 -inch water main; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the said 12 -inch water main system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of the 12 -inch water main system (hereinafter called "Project"), shown on preliminary plans (hereinafter called "Exhibit "B'), including rights-of-way, grades and elevation, and materials used in the construction and installation of said Project. B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and DEVELOPER shall acknowledge in writing the final plans, Page 1 of 11 0 i and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. C. Solicitation of Bids. DEVELOPER will solicit bids for construction using the City Purchasing Department's bid procedures at a minimum. DEVELOPER Shall work with the City Purchasing Manager in developing the bid and establishing a due date. A representative of the City Purchasing Department must attend the bid opening. DEVELOPER will award the construction contract to the lowest responsible bidder after obtaining concurrence from the CITY Purchasing Manager of low bidder and City Council approval. D. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s) prior to the start of any construction. All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds in the amount of one hundred percent (100%) of the total Project cost naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor as required by Idaho State Statute 54-1902. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete by June 1, 2009. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement (f) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with. limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming the City as an additional insured and provide a certificate of said insurance prior to the start of construction. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. Page 2 of 11 • 7. A provision, that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by the posting of a performance bond in favor of City upon project completion. in the amount of ten percent '(10%) of the total Project cost. E. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. Prior to the start of construction in 2009 the DEVELOPER shall secure financial surety acceptable to ACHD guaranteeing the completion of the Overland Road realignment project. 2. DEVELOPER shall provide proof to CITY that the completion of the Overland Road realignment project has not been canceled or postponed. 3. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 4. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. F. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct the Project, as shown on Exhibit 'B", it is mutually agreed that the cost of the Project will be subject to actual cost verification by CITY. DEVELOPER shall fund 100% of the cost of the Project, estimated at $229.896.90. The City will reimburse the DEVELOPER for 50% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed in paragraph J. G. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. Page 3 of 11 0 2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality control/quality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. - H. Change Orders to Construction Contract. DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, WY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Completion of the Project 1. It is the desire of the City and in agreement with the Developer that this project be substantially completed by June 30, 2009 to be in alignment with the Ada County Highway District's needs for the road system in this area. The DEVELOPER and the CITY discussed and agreed to this completion date on September 16, 2008 in a City Council meeting. 2. Upon final completion of the Project DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non -conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non -conforming matters. 3. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as -built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 4. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. Page 4 of 11 0 5. Upon completion of the Project, DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 6. Upon completion of the Project, CITY shall issue an approval letter accepting ownership to DEVELOPER. J. Reimbursement to DEVELOPER. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 50% 50% of the project estimate (subject to cost verification) less an administration fee of $9,384.60 as listed below. Construction Cost $229,896.90 City portion of Construction Cost $115,214.20 Less Administration fee of -$ 9,384.60 Design & Engineering Costs $ 12,806.25 Soft Costs $ 10,220.38 Total City Responsibility $128,856.23 CITY to pay $100,000.00 to DEVELOPER within thirty (30) Day's upon project completion, which shall be no later than June 30, 2009 unless delay is caused by something outside the control of the DEVELOPER, and CITY's acceptance of the project. The City shall not be obligated to pay any amount after June 30, 2009 unless the DEVELOPER can prove to the CITY that they delay was outside of his control. If such showing is made the CITY may allow for a reasonable period of time to cure the default and shall pay this amount at the later designated date. The CITY Project Manager will conduct an audit of this agreement on a quarterly basis, beginning three months from the date of this agreement, and reimburse the DEVELOPER the remainder of the-CITY's responsibility in. accordance with this agreement from the assessment fees..collected during the audit period for the DEVELOPERS property, South Ridge Subdivision. K. Term of Agreement. Payments shall continue under this agreement for a period of 5 (five) years from the date of execution of this agreement by CITY, or until DEVELOPER is reimbursed the full amount of $128,856.23, whichever occurs first. The City ordinance in effect at the time of -execution of this agreement does not allow the term of this agreement to extend beyond 5 (five) years. if the DEVELOPER has not been reimbursed the estimated amount as shown above after five.(5) years from the date of this agreement, and if the CITY ordinance has been amended to allow this agreement to be extended beyond a five year period, then this agreement may be extended by mutual Agreement of the CITY and the DEVELOPER. This provision is intended to allow CITY to Page 5 of 11 0 • consider extending this agreement if allowed by ordinance and does not commit CITY to agree to such an extension if allowable. L. Water and Sewer Lines on DEVELOPER's Propertv. As a condition for CITY entering this Agreement, DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within DEVELOPER's property. M. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of f=ederal, State and local authorities and at DEVELOPER's sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian water and sanitary system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to water and sanitary sewer systems. N. Indemnification and Insurance. DEVELOPER shall include in all contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. All contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by contractors; their servants, agents, employees, guests, and/or business invitees, and not caused by.or arising out of tortious conduct of CITY or its employees or its DEVELOPER. In addition all contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. "The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and -DEVELOPER become liable for an amount in excess of the. insurance limits herein provided City and DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons and/or property. DEVELOPER shall provide CITY with a certificate of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph by filing such proof of insurance with the City Purchasing Manager. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify Page 6 of 11 0 • DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. City hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by CITY, its servants, agents, employees, and those parties under the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY'S cost. O. No Assianment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. P. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY falls or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. Q. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. R. Notices. Page 7 of 11 Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: City Engineer City of Meridian 33 E. Broadway Ave, Suite # 102 Meridian, Idaho 83642 with copy to: Purchasing Manager City of Meridian 33 E. Broadway Ave, Suite # 106 Meridian, Idaho 83642 DEVELOPER: JLJ Enterprises Inc. 1560 Carol Street Meridian, Idaho 83642 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. S. Governing Law. This Agreement shall be governed by and construed in accordance with the laws,.of the State of Idaho and the ordinances of the City of Meridian. T. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. U. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and Page 8 of 11 0 • no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. V. Definition of DEVELOPER's Prooerty. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the South Ridge Subdivision. W. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. X. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data.and information as the CITY may. request pertaining to matters covered by this Agreement. Y. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's.- records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make.audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Z. Construction and Severabilitv. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Page 9 of 11 0 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: JW Enterprises, Inc - -L Name {printed} BY: "J4" 9 — TAMMY de WRERD, MAYOR 97 1 CA -Voec. G Approved as to Content TH WATTS, PURCHASING MANAGER Dated: —3 " i "a . 09 Page 10 of 11 Title Date ' x-16 Date Ll County of Ada } • STATE OF IDAHO On this 12 �� day of 2009, before me the undersigned, a Notary Public in and for said State, personally appeared 2mes L. Tewe-f E __ known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. - AL - Notary Pu f For Idaho Residing at: 2 p Commission Expires _ 2 9 20 ► _ STATE OF IDAHO ) )ss; County of Ada } 00TAq 0 ��8 LIC, On this 1 day of c"a-c-L, ,2009, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAGEE I C_k&_r'*, Ham, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me -that they executed the same on behalf of the City of Meridian . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Page 11 of 11 440®4464 a$ 0"q,0®g p,. FRF, • Qr o� OF ®018884844 March 6, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT Purchasing Department ITEM NO. 6 - REQUEST City Hall Enhancements AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: At6vtj CITY SEWER DEPT: CITY PARKS DEPT: C 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. 19 11 March b, 2009 MERIDIAN CITY COUNCIL MEETING March 10, 2039 APPLICANT Hawkins Companies ITEM NO. 8 REQUEST Continued Public Hearing from 11/25: Request for Annexation and Zoning of 73.10 acres from RUT to R-15, L -O, C -C, and C -G zones for Meddian and auYtffy — Northwest Comer of West Amity Road and South Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEFT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop become properly of the City of Meridian. • March 6, 2009 MERIDIAN CITY COUNCIL MEETING March 10, 2009 i NOXITNIST140. APPLICANT Hawkins Companies ITEM NO. 9 REQUEST Continued Public Hearing from 11 /25: Request for Variance to UDC which prohibits new approaches from directly accessing a state hwy to allow 2 right in / right out access points and 1 right in / right out / left in access point for Meridian and Amity AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous neem Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of tits City of Meridian. 0 March b, 2009 0 AZ 08-014 MERIDIAN CITY COUNCIL MEETING March 10, 2009 APPLICANT King's Congregation ITEM NO. 10 REQUEST Continued Public Hearing from February 24,2009: Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L -O district for King's Congregation Church -- 1201 E. Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop become property of the City of Meridian.