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Home My WebLink About2009-04-07n �VENIDIIAN�IDAHO- 0 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, April 7, 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 Retired Pastor Burton Roberts: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve New Beer License for Lira, LLC dba Dickey's Barbecue Pit at 2845 E. Overland Rd., Suite 190: B Approve License Transfer of Owner Beer License for Meridian Speedway C. Approve Beer, Wine and Liquor License Renewals: Buffalo Wild Wings Ultra Touch Carwash The Cigarette Store EPI's Restaurant Strikers Idaho Pizza Co. 127 Club 3223 E. Louise Dr. #103 835 E. Fairview Ave. 200 E. Fairview Ave. 1115 N. Main 324 S. Meridian St. 405 E. Fairview Ave. 127 E. Idaho St. Beer & Liquor Beer Beer Beer & Wine Beer & Liquor Beer & Wine Beer & Liquor Meridian City Council Meeting Agenda — April 7, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Goodwood BBQ Wingers Quick Stuff Applebees Jacksons #1 Jacksons #11 Jacksons #35 Jacksons #56 Jacksons #97 Jacksons #98 Jacksons #99 Jacksons #105 Jacksons #118 EI Tenampa New Vintage Wine Dupus Boomers Sizzler #215 Ustick Chevron Tobacco Connection Harrys Meridian Grill Its All About You Fusion Asian Grill Dickey's Barbecue Pit The Busted Shovel Red Robin 0 1140 N. Eagle Rd. 1701 E. Fairview Ave. 3010 Goldstone Dr. 1460 N. Eagle Rd. 412 E. Fairview Ave. 1585 S. Meridian Rd. 522 Cherry Lane. 66 E. State Ave. 3100 Magic View Dr. 1950 E. Fairview Ave. 180 E. Central Dr. 3291 E. Pine Ave. 1625 W. Franklin Rd. 906 N. Main St. 1400 N. Eagle Rd. #104 790 Progress Ave 3380 N. Eagle Rd. 770 W. Ustick 450 S. Meridian #25 2032 E. Overland #130 2951 E. Overland #100 3161 E. Fairview Ave. 2845 E. Overland #190 704 N. Main St. 1475 N. Eagle Rd. Beer & Liquor Beer & Wine Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Wine Beer & Wine Beer & Wine Beer & Wine Beer & Wine Beer & Wine Beer & Wine Beer & Liquor Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer Beer & Liquor Beer & Liquor D. Resolution No. 2009 Parks & Recreation Fee Schedule: E. Resolution No. On Call / Call Out Duties & Compensation: F. Resolution No. CPA 08-013 Request to change the text of the Comprehensive Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non -Residential for the Mixed Use Non -Residential Text by City of Meridian Planning Department: G. Resolution No. : CPA 08-012 Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of "Public/Quasi Public" and "Low Density Residential" for River Planning Area by City of Meridian Planning Department: Meridian City Council Meeting Agenda — April 7, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Resolution No. : CPA 08-014 Request to re -designate approximately 265 acres from Low Density Residential, Medium Density Residential, and Mixed Use Regional to Mixed Use Non -Residential for'State Hi-ghway 69 & Amity by City of Meridian Planning Department: I. Resolution No. : CPA 09-003 Request to change the Comprehensive Plan Future Land Use Map designation on 2.051 acres of land from "medium density residential" to "commercial" for Goff by Garland Goff and Shannon Hamrick — 1665, 1705 and 1725 West Pine Avenue: J. Findings of Fact and Conclusions of Law for Approval: AZ 09- 001 Request for Annexation and Zoning of 0.76 of an acre of land with a C -N zoning district for Goff by Garland Goff and Shannon Hamrick —1725 W. Pine Avenue: K. Development Agreement: AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: L. Change Order No. 1 with ACHD for Locust Grove Road Water & Sewer Improvements for $24,812.39: M. Change Order No. 2 with ACHD for Overland Road Water & Sewer Improvements for $17,959.65: N. Change Order No. 1 with Pipe, Inc. for FY09 Sewer Manhole Retrofits for $32,250.00: O. Aareement with ITD for Roadway Construction / Sewer and Water Line Improvements for ITD Project No. A009 (815), 1-84 Ten Mile Interchange for $324,001.60: P. Task Order No. 10005 with Civil Survey Consultants. Inc. for Meridian Road and Main Street Split Corridor Phase 2 for $74,450.00: Q. Award of Bid and Contract with JC Constructors for Tertiary Filters Project for a Not to Exceed Amount of $2,869,000.00: R. Award of Bid and Contract with JC Constructors for the DAFT Retrofit Project for a Not to Exceed Amount of $210,300.00: Meridian City Council Meeting Agenda — April 7, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 i S. Chance Order No. 1 with Cascade Pipeline Corporation for 2008 Water System Flush Lines for $7,037.45: 6. Department Reports: A. Purchasing Department: 1. Budgeted Contract Amendment No. 4 with Hobson Fabricating for a Not to Exceed Amount of $36,068.00: 7. Items Moved from Consent Agenda: 8. Tabled from March 24, 2009: FP 09-002 Request for Final Plat approval for 21 building lots on 12.62 acres in a C -G zoning district for Una Mas by Una Mas, LLC — 3475 East Ustick Road: 9. Public Hearing: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP — south side of E. McMillan Road, west of N. Eagle Road: 10. Public Hearing: VAR 09-001 Request for Variance to allow 1 right- in/right-out access point to State Highway 20/26 and to reduce ITD right- of-way adjacent to Chinden Boulevard from 100 feet to 70 feet for Knighthill Center by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: 11. Public Hearing: AZ 08-016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district in Ada County to the M -E (Mixed Employment) zoning district in the city for Southridge 31 by James L. Jewett — northeast comer of Overland Road and Ten Mile Road: 12. Ordinance No.AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: Meridian City Council Meeting Agenda — April 7, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 0 Meridian City Council Meeting April 7. 2009 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, April 7, 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, Bob Stowe, Bill Johnson, Keith Watts, Kyle Radick, Sonya Watters, 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: Good evening. I would like to welcome you to Meridian City Hall and apologize for being a few minutes late. We have next door a celebration for mothers. They started with the first annual What My Mother Means To Me essay writing contest and so the winners and their mothers are next door. It's always great events to be a part of. So, thank you for joining us. For the record it is Tuesday, April 7th. It's four minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Councilman Hoaglun is joining us from out of town and so we have all four Council Members present. We should put a little stick figure or something up by his name. Okay. 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 De Weerd: Okay. Unfortunately, Item 3, our community invocation, is going to be postponed or tabled because Pastor Burton Roberts is sick today. So, I apologize. Item 4: Adoption of the Agenda: De Weerd: So, we will skip to Item No. 4, adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council . • April 7, 2009 Page 2 of 41 Zaremba: On the agenda, beginning with the Consent Agenda, Item D, the resolution number is 09-655. Item E, the resolution number is 09-656. Item F, the resolution number is 09-657. Item G, the resolution number is 09-658. Item H, the resolution number is 09-659. Item I, the resolution number is 09-660. Item Q we have had a request to remove that from the Consent Agenda and actually put it into Department Reports as Item 6-A-2. On the regular agenda, under Department Reports, we now have a new Department Report, Item 6-A-2, which was originally Item Q on the Consent Agenda. Item 9 regarding Zebulon Heights Subdivision No. 2 has been requested to continue until April 14th. Next week. Item 12, the ordinance number is 09-1396. And with those changes I move we adopt the agenda. Rountree: 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 New Beer License for Lira, LLC dba Dickey's Barbecue Pit at 2845 E. Overland Rd., Suite 190: B Approve License Transfer of Owner Beer License for Meridian Speedway: C. Approve Beer. Wine and Liauor License Renewals: Buffalo Wild Wings 3223 E. Louise Dr. #103 Beer & Liquor Ultra Touch Carwash 835 E. Fairview Ave. Beer The Cigarette Store 200 E. Fairview Ave. Beer EPI's Restaurant 1115 N. Main Beer & Wine Strikers 324 S. Meridian St. Beer & Liquor Idaho Pizza Co. 405 E. Fairview Ave. Beer & Wine 127 Club 127 E. Idaho St. Beer & Liquor Goodwood BBQ 1140 N. Eagle Rd. Beer & Liquor Wingers 1701 E. Fairview Ave. Beer & Wine Quick Stuff 3010 Goldstone Dr. Beer & Wine Applebees 1460 N. Eagle Rd. Beer & Liquor Jacksons #1 412 E. Fairview Ave. Beer & Wine Jacksons #11 1585 S. Meridian Rd. Beer & Wine Jacksons #35 522 Cherry Lane. Beer & Wine Jacksons #56 66 E. State Ave. Beer & Wine Jacksons #97 3100 Magic View Dr. Beer & Wine Jacksons #98 1950 E. Fairview Ave. Beer & Wine Meridian City Council r . April 7, 2009 Page 3 of 41 Jacksons #99 180 E. Central Dr. Beer & Wine Jacksons #105 3291 E. Pine Ave. Beer & Wine Jacksons #118 1625 W. Franklin Rd. Beer & Wine El Tenampa 906 N. Main St. Beer & Liquor New Vintage Wine 1400 N. Eagle Rd. #104 Beer & Wine Dupus Boomers 790 Progress Ave Beer & Liquor Sizzler #215 3380 N. Eagle Rd. Beer & Wine Ustick Chevron 770 W. Ustick Beer & Wine Tobacco Connection 450 S. Meridian #25 Beer & Wine Harrys Meridian Grill 2032 E. Overland #130 Beer & Liquor Its All About You 2951 E. Overland #100 Beer & Wine Fusion Asian Grill 3161 E. Fairview Ave. Beer & Wine Dickey's Barbecue Pit 2845 E. Overland #190 Beer The Busted Shovel 704 N. Main St. Beer & Liquor Red Robin 1475 N. Eagle Rd. Beer & Liquor D. Resolution No. 2009 Parks & Recreation Fee Schedule: E. Resolution No. On Call / Call Out Duties & Compensation: F. Resolution No. CPA 08-013 Request to change the text of the Comprehensive Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non -Residential for the Mixed Use Non -Residential Text by City of Meridian Planning Department: G. Resolution No. CPA 08-012 Request to add 54.9 acres of land to the Comprehensive Plan Future Land Use Map with designations of "Public/Quasi Public" and "Low Density Residential' for River Plannina Area by City of Meridian Planning Department: H. Resolution No. CPA 08-014 Request to re -designate approximately 265 acres from Low Density Residential, Medium Density Residential, and Mixed Use Regional to Mixed Use Non -Residential for State Hiahwav 69 & Amity by City of Meridian Planning Department: I. Resolution No. : CPA 09-003 Request to change the Comprehensive Plan Future Land Use Map designation on 2.051 acres of land from "medium density residential' to "commercial' for Goff by Garland Goff and Shannon Hamrick — 1665, 1705 and 1725 West Pine Avenue: Meridian City Council • April 7, 2009 Page 4 of 41 J. Findings of Fact and Conclusions of Law for Approval: AZ 09- 001 Request for Annexation and Zoning of 0.76 of an acre of land with a C -N zoning district for Goff by Garland Goff and Shannon Hamrick —1725 W. Pine Avenue: K. Development Agreement: AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: L. Chance Order No. 1 with ACHD for Locust Grove Road Water & Sewer Improvements for $24,812.39: M. Chance Order No. 2 with ACHD for Overland Road Water & Sewer Improvements for $17,959.65: N. Change Order No. 1 with Pipe, Inc. for FY09 Sewer Manhole Retrofits for $32,250.00: O. Agreement with ITD for Roadway Construction / Sewer and Water Line Improvements for ITD Project No. A009 (815), 1-84 Ten Mile Interchange for $324,001.60: P. Task Order No. 10005 with Civil Survey Consultants, Inc. for Meridian Road and Main Street Split Corridor Phase 2 for $74,450.00: Q. Award of Bid and Contract with JC Constructors for Tertiary Filters Project for a Not to Exceed Amount of $2,869,000.00: R. Award of Bid and Contract with JC Constructors for the DAFT Retrofit Project for a Not to Exceed Amount of $210,300.00: S. Change Order No. 1 with Cascade Pipeline Corporation for 2008 Water System Flush Lines for $7,037.45: De Weerd: Okay. Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda, as previously noted, Item Q has been removed and do I need to read the resolution numbers again? De Weerd: No, sir. Meridian City Council • April 7, 2009 Page 5 of 41 Zaremba: Okay. In that case I move that we approve the Consent Agenda as amended and for the Mayor to sign and the Clerk to attest. Bird: 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 carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Purchasing Department: 1. Budgeted Contract Amendment No. 4 with Hobson Fabricating for a Not to Exceed Amount of $36,068.00: De Weerd: Item 6 under Department Reports, I'll tum this over to Mr. Watts with the Purchasing Department. Watts: Thank you, Madam Mayor, Council Members. The first item that I have is -- is change order number four with Hobson, which we had brought before Council two weeks ago and were requested to bring back after we had renegotiated that contract. The city has met -- Keith Bird -- Mr. -- Councilman Bird and myself have met with Petra. They have agreed to reduce the contract -- or the change order amount by $8,079.50, for a new amount of 36,068 dollars for change order four and just bringing that for final approval today. De Weerd: Thank you. Council, any questions for Mr. Watts? Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approved the amendment number four.with Hobson Fabricating for the amount of 36,069 dollars. Rountree: Second. Meridian City Council April 7, 2009 Page 6 of 41 • De Weerd: I have a motion and a second to approve Item 6-A-1. If there 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. 2. Award of Bid and Contract with JC Constructors for Tertiary Filters Project for a Not to Exceed Amount of $2,8691,000.00: Approve De Weerd: Okay. Item 2 -- and Mr. Bird and Mr. Watts, thank you for getting together on that one item and addressing it. Watts: Thank you. Bird: Thank you. Watts: You're welcome. The next item is the tertiary filter bid that was done for the wastewater treatment plan. Now only reason I pulled -- wanted to have that pulled off the Consent Agenda is the second low contractor had a couple of questions on regarding the subcontractors listed on that bid. I'll give you a rundown of the -- the timeline. On the 17th of March we opened bids and the preliminary low bidder showed J.C. Constructors as the low bidder. They were low by 98,000 dollars. On the 19th of March I confirmed the bid documents and posted the bid results -- official bid results on our webpage. On March 23rd I got a phone call from the second low bidder, who was Hill Construction claiming that the low bidder needed to show an HVAC subcontractor on his bid document. The item in question was simply an exhaust fan that was a louvered exhaust fan that amounted to the edge of a shed. I called the state public works HVAC chief inspector at the public works licensing board and spoke to him regarding this and he said that absolutely was not necessary to have an HVAC contractor. Typically the electrical contractor would install that, which the low bidder had listed and everything was fine. I, then, called the second low bidder back and let him know who I spoke to and gave him the phone number and told him the discussion that we had and he was fine with that. He admitted that he was not sure, but he wanted me to check, so we did that. I let him know that the bid was still coming to you today for approval to go with J.C. Constructors, the low bidder. I, then, received a call yesterday from that same bidder who was claiming -- or was questioning the fact that the low bidder also did not put a plumbing subcontractor down. There was a sum pump in the same shed that we were talking about before and he thought that was commercial plumbing. I, then, called the state chief plumbing inspector at the public works board and talked to him about that, along with the design engineer as well. We discussed it and it was a process typing the sump that simply fed right back into itself. It was not a commercial plumbing issue. And they also told us that we did not need that Meridian City Council April 7, 2009 Page 7 of 41 i subcontractor as well. And I called the second bidder back again, Hill Construction, and spoke to them again. He was fine with that. He admitted again that he wasn't sure, but he wanted me to check on it. I let him know that it was coming tonight for bid and he was fine with that. I just wanted to bring that information back to you, since it wasn't just a straight bid, there were some questions on it. So, I'm bringing it for approval and enter into the contractor with them, J.C. Constructors. De Weerd: Thank you, Mr. Watts. And I appreciate your response to the question. Watts: Thank you. De Weerd: Any questions from Council? Bird: I have none. De Weerd: Okay. Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the contract with J.C. Constructors for the filter project at the wastewater treatment plant for the amount of 2,728,000 dollars. Watts: Excuse me. Could I interject, Mr. Bird? That was 2,869,000 with the two options that they chose as well. It is in the -- Bird: I beg your pardon? Watts: They chose two options, option one and two that were on the bid documents as well. The total amount should be 2,869,000. It's on the agenda that I have. Bird: Well, let me look back here. I was looking at the bids and that would -- Watts: Okay. Bird: 2,869,000. Watts: Correct. De Weerd: And not to exceed. Watts: Not to exceed. Yes, ma'am. Bird: Okay. Change my amount. Second agree? Meridian City Council April 7, 2009 Page 8 of 41 De Weerd: I have a motion and -- Rountree: What are you changing it to? Bird: To 826 -- 2, 826,000. Rountree: Okay. I agree. Watts: 869. Excuse me. 869. Bird: All right. I'm sorry. 869. • De Weerd: Okay. So, I have a motion to approve the original Item Q off of the Consent -- or the Consent Agenda that was moved to Department Reports and that amount is 2,869,000 dollars. Not to exceed. Okay. If there is no discussion, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Watts: Thank you, Madam Mayor. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. There were no items moved from the Consent Agenda to this portion of our agenda. Item 8: Tabled from March 24, 2009: FP 09-002 Request for Final Plat approval for 21 building lots on 12.62 acres in a C -G zoning district for Una Mas by Una Mas, LLC — 3475 East Ustick Road: De Weerd: So, we will go to Item 8, which was tabled from March 24th on FP 09-002. We will ask for Mrs. Canning's comments. Canning: Madam Mayor, Members of the Council, the final plat substantially complies with the preliminary plat and we do have a letter from the applicant stating they are in agreement with the conditions of approval. De Weerd: Thank you. Council, any questions on this item? Rountree: I have none. De Weerd: Hearing none, do I have a motion? Meridian City Council • • April 7, 2009 Page 9 of 41 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Item No. 8, FP 09-002. Bird: Second. De Weerd: I have a motion and a second to approve Item 8. Hearing no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP — south side of E. McMillan Road, west of N. Eagle Road: De Weerd: Okay. Item 9 has been requested to continue to April 14th. I'll need a motion after I open this public hearing. So, I will open the public hearing on TE 09-012. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue this item to our regular scheduled meeting of April 14th, 2009. Rountree: Second. De Weerd: I have a motion and a second to continue Item 9 to April 14th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: VAR 09-001 Request for Variance to allow 1 right- in/right-out access point to State Highway 20/26 and to reduce ITD right- of-way adjacent to Chinden Boulevard from 100 feet to 70 feet for Knighthill Center by James Wylie — SWC of W. Chinden Boulevard and N. Linder Road: Meridian City Council • April 7, 2009 Page 10 of 41 is De Weerd: Item 10 is a public hearing on VAR 09-001. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Knighthill Center variance project. Forgive the red circle that's showing up on the screen. I forgot to erase it after I was showing someone how to work the pen. So, that has no relevance to this hearing. Sony about that. It is -- the parcel is located at the southwest comer of Chinden Boulevard and Linder Road and the applications before you tonight are a variance -- there are two variances. The applicant is requesting approval of a variance to allow a right -in, right -out access point to the State Highway 20-26 and also a reduction of the ITD future right of way adjacent to Chinden Boulevard. They want it reduced from 100 feet to 70 feet. Council may recall that in 2008 you approved a new concept for the commercial development at this comer. However, the owner has not initiated the addendum to the existing DA yet, because he has decided to seek direct access to Chinden Boulevard with this application. The applicant has submitted a new concept plan depicting the proposed access location and the reduced right of way for Council review. That's the orange diagram here, the access would be just on the west side of the property. You can see the reduced right of way going toward the intersection with Linder Road. De Weerd: Can those in the audience hear our planning director? Canning: Can you hear? Can you hear me now? De Weerd: Okay. Yeah. Will you, please, speak into your microphone. Canning: Yes, ma'am. De Weerd: Thank you. Canning: The UDC restricts access to the state highway if the intensity of the use increases and also access must be taken from roadways other than the state highway if those access points are available. You will note on this site that there are three access points, Everest Lane, Gertie Place, and Linder Road. And the preliminary plat was originally approved with those three access points. In addition, West Everest Lane parallels State Highway 20-26 and — oops. Bird: That's pretty flowers. Canning: Yeah. What's going on? De Weerd: Nice landscaping. Bird: Yeah. Meridian City Council 49 18 April 7, 2009 Page 11 of 41 Canning: You can see West Everest Lane parallels State Highway 20-26 and at Long Lake Way there is a signalized intersection for Chinden at that location at the half mile. And that's consistent with the Unified Development Code. It is also consistent with the access management plan for State Highway 20-26 corridor that was approved by COMPASS. They do view Chinden and Linder intersection as a high volume intersection and they do call for 200 feet of total right of way through this section of roadway. Hence, the hundred feet from center line on this property. Further, the corridor study prescribes access points every half mile between Black Cat Road to Eagle Road and that is, as stated before, consistent with the Unified Development Code. Planned and existing developments in the area were also responsible for preserving a hundred feet of right of way and had not been granted access to State Highway 20-26. Finally, staff would like to note that ITD's chief engineer Tom Cole has denied the applicant's request for access to State Highway 20-26. That came yesterday. Staff is recommending denial for both requests. Staff could not make the required findings and I will briefly go through those for you. The first finding in approving the variance is that the variance shall not grant a right or special privilege that is not otherwise allowed in the district. Staff finds that if City Council did grant the requested variance to allow the right -in, right -out access to Chinden and reduce the right of way from 100 to 70 feet, a special privilege will be granted to the subject property that would not otherwise be allowed and, as mentioned previously, we have made that requirement of others. More specifically, it was the property across Chinden Boulevard to the north and west of the site were also required to preserve the 100 feet of right of way. The second finding is that the variance relieves an undue hardship, because of characteristics of the site. Staff finds that there are no undue hardships that would prevent the applicant from developing the site by restricting access to State Highway 20-26. As mentioned previously, there are access points to Linder Road, Gertie Place and Everest Lane. And, then, finally, the variance shall not be detrimental to the public health, safety, and welfare. Staff finds that allowing the right -in, right -out access to State Highway 20-26 will be detrimental to the public health, safety, and welfare based on information from the transportation authority, ITD in this case. Staff believes adding additional access points to Highway 20-26 would impact the traffic mobility on Chinden and interfere with the future roadway expansions planned for the intersection. Staff has received an e-mail from Justin Martin, who is the owner of the commercial properties to the west, requesting cross -access if the right -in, right -out access is granted. The outstanding issues before City Council are, one, does the reduced right of way width and access interfere with future roadway improvements and the Chinden-Linder intersection, as identified by ITD. Two, are the three approved access points to the site sufficient to serve the approved preliminary plat. And, then, three, if the applicant -- if the Council were to grant the applicant's -- the applicant's request, the applicant will need to modify the existing DA and submit for a new preliminary plat. De Weerd: Anna, you're fading out. Canning: If the Council were to grant a variance, the applicant will need to modify the existing development agreement and apply for a new preliminary plat. Meridian City Council . April 7, 2009 Page 12 of 41 De Weerd: Thank you. Council, any questions? Bird: I have none at this time. Rountree: None right now. Zaremba: None. De Weerd: Is the applicant here this evening? Good evening. If you would, please, state your name and address for the record. Wiley: Good evening. James Wiley. 1676 North Clarenden Way, Eagle, Idaho. De Weerd: Thank you. Wiley: Thank you, Madam Mayor, Members of the Council. Thank you for taking the time to review this for us. After we came in 2008 with this revised concept plan, we had some meetings with ITD and with the adjoining neighbors -- the adjoining comers, those neighbors, and we are trying to put some -- a development plan together to allow development of that comer with ITD's approval and to -- and in our concept of that we'd like to be able to get access on right -in, right -out to Chinden Boulevard. The West Everest Lane access is more of a driveway than -- than a street. It's a private -- private drive. And we are also concerned with Linder becoming too congested and we feel that the access to Chinden will actually help that comer's traffic, rather than make it a negative. I have -- I have Dan Thompson from Thompson Engineers here today, who can go through some of the site specific stuff and I'm here to answer any questions if you would like. De Weerd: Okay. Thank you. I don't see any questions at this point. If you'd like your engineer to make comment, that would be -- now would be the time. Wiley: Thank you very much. De Weerd: Thank you for being here. If you will state your name and address for the record. Thompson: My name is Dan Thompson. I'm with Thompson Engineers. Business address at 181 East 50th Street in Garden City. De Weerd: Thank you. Thompson: And if I could just pass these out. As was mentioned, we have been denied by ITD for the access and we are appealing that denial at this time. So, we would like to address that so you can understand our position on that. The first reason Meridian City Council . April 7, 2009 Page 13 of 41 for the denial was that we -- claim we have three access points and we do, actually, but if you look at them, the first one we want to address is the Gertie Place, which is -- Canning: I got it. Hold on. Thompson: Right in here. And that's to get out as an access onto the transportation system and get, actually, end up having to come down through there, it ends up going deeper into the subdivision and we end up having to drive past some 40 homes, all local roads, and it ends up driving to get back out to a transportation system, you can actually see the full length on that handout -- I give the first page of the handout, end up almost 4,500 feet of additional travel to get to the trans -- to get to Linder Road and, one, I don't think somebody that really wants to go anywhere on the transportation system would use that. I think this is really kind of intended for subdivision people to access the development and the development to access that, it's not really intended as an access in between the two. The second access is Everest Lane, which has -- as is shown and that, again, is -- it does serve a function -- will function for people that wish to travel to the west, but I do think we are going to have a large portion of our people trying to travel to the east and to the north and for them to use Everest Road would actually require them to come almost 2,000 feet out of direction, another couple hundred feet, north an additional couple thousand feet, they'd end up almost a mile out of direction and we don't believe people would be willing to do that. Furthermore, if I could switch to the overhead at this point. This is Everest Lane. I don't know if that's in focus for you or not. Is this autofocus? While she's doing that, Everest Lane is really a 24 foot wide roadway and it's not really -- doesn't meet any ACHD design standards as a roadway for accessing it. Furthermore, it's not a crowned roadway, it's slanted to one side and this is more similar to a roadway that would be accessed to a parking lot or something like that. The building you can kind of see on the right there is the -- is the Challenger school, which will be going in front of that and, again, it's our opinion that this roadway here is not really intended to act as a collector road or a service road for this project, but it's really intended to provide an interaction between the developments. Now, before we address the third entrance, I guess the question is kind of, you know, what kind of changed between when we first started this process and when we asked for another one and the answer is actually quite a bit. If you have been out there, these are some of the things that have come in since I just started updating the study there in 2008. We are seeing several developments here. One further on the northeast comer, that is the Eagle Island Marketplace, I believe it is, and I believe that is in the approval process through the county and through the city of Eagle and in the county right now. Some of the other ones that have submitted -- I don't think they have actually submitted applications, but they have submitted traffic impact studies and things of that nature. So, trying to get the handle on exactly what was going to be happening out there has been a bit of a moving target and as Mr. Wiley has mentioned, they are trying to coordinate this to try to make it work. And one of the big things that kind of occurred to us is that there is -- you can see on the south comer of our site all of a sudden we have a proposal from the SEC development to try to align with our -- with our development and what that did to us -- because we had our traffic pattern there on -- at the south -- at the Linder Road entrance changed from a T intersection, as is shown here and was Meridian City Council April 7, 2009 Page 14 of 41 originally studied, it becomes more of a full intersection with a fairly decent amount of traffic in that. When we started analyzing that traffic with the intersection at Linder and Chinden, we end up with cues that are going to get well past our entranceway, making it very difficult -- making us rely on the good will of some of the other people there for our people to get out of that and what it does to the level of service to our entrance -- again, the question is what development is in our analysis, what traffic is in, what improvements are, and that was, again, a moving target, so if we just kind of look at the -- if there is none of the other developments we don't have a real problem, that is true. If we add the developments, we do end up with -- without trying to expand the roadway, it goes -- fails fairly quickly, so we are trying to assume that if there is any development there will be improvements to the intersection and once we look at the one line it's entitled with SEC and five lanes I finally assume that we do have the intersection as a full intersection, as opposed to the T intersection and what that happens is if we just have -- do not have access onto Chinden Boulevard, we end up with a delay at that intersection of over 200 seconds, a level of service F. And if we do apply -- allow some of that traffic to go and use a right -in, right -out, we are not looking for a full access there, it still operates at a level of service F during the peak hour, but it's a substantially reduced delay and probably what would actually end up happening is there would still be a couple more vehicles that would end up using the -- the access, which does have -- the Chinden Boulevard access, which still does have excess capacity and it's operating at a level of service B. Mr. Wiley has offered to construct deceleration lanes and tum lanes with the property radius and everything else to mitigate the safety impact of that. We also believe that the -- the vehicles trying to tum left onto Linder Road, trying to cope with a serious delay is probably a very serious safety consideration also that would like to think this would help mitigate that and offset some of the impacts onto Chinden Boulevard. The other issue we had is we recognize the ITD's desire for 200 feet of right of way on there, but I think it -- my experience is if this is -- it's kind of hit and miss on that and it's going to put an extra burden on this site, especially being the size that it is. I do know I was the signal designer for the Tree Farm and Bainbridge signal just a mile down the -- a mile and a half down the road from here and I know they did not provide a hundred feet of right of way for those developments there. I do know that the Eagle Island Marketplace is not providing a hundred feet of right of way. They are working with them and providing landscape buffers and things of that nature within some of the hundred feet, but not all of them are providing a hundred feet of right of way. And the size of this project, that extra 30 feet of right of way, does make a significant impact and causes some serious problems for that. Other than that, Mr. Wiley has shown a lot of interest and a desire to participate with the other developers in trying to improve this stretch of highway, they are not just looking at this intersection, they are looking at, basically, this corridor and trying to participate in this improvement there and he is just looking for -- trying to be fair to him on this, too, as far as that goes. The -- there is the policy of limiting the access onto Chinden Boulevard. We recognize that, but it's also being granted for Eagle Island Marketplace and we just feel that that can be made, it's not a hard policy, so we do request that consideration. And with that I'd like to stand for questions. De Weerd: Council, any questions? Meridian City Council • t April 7, 2009 Page 15 of 41 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I was not aware that Eagle Island Marketplace had been granted anything. I know they are proposing something, but are you saying that the county and ITD have approved that? Thompson: The -- ITD has approved an access on Chinden Boulevard. That is correct. It is my understanding that Eagle Island Marketplace has been approved as a Comp Plan amendment at the city of Eagle. But it is still in the county right now, so it has to be approved at the county. Zaremba: So, it has not been approved for a narrower cross-section, then, at that point? Thompson: Not by the county. The city has approved their site plan. Zaremba: The city doesn't have jurisdiction on it. Thompson: Well, I understand that, but there is that interaction between the two, since it is in Eagle's area of impact. Zaremba: Okay. De Weerd: Any other comments? Questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Thompson, you made a rather interesting comment in your testimony when you showed the best guess at what's happening in the four quadrants at Eagle and -- or at Chinden and Linder. You said folks are trying to make it work. I don't have any evidence that it's going to work. We don't have any approvals out there, other than this property with the development agreement that's already been entered into. Given the rejection or the denial by ITD for this access, my comment at this point is that at best you're premature in your request for a variance. And I say that, because we have, in effect, the ordinance that protects access to state highways for safety of our citizens and until we are assured by the appropriate authorities, be it ACHD or ITD, and in this case ITD, that there isn't a safety issue, I'm not sure we can even consider a variance at this point in time and with your statement that folks are out there trying to make these four different concepts in four different quadrants to work -- I'd like to see it all come together myself and try to see a solution, but I'm -- I guess I'm hesitant at this point in Meridian City Council • April 7, 2009 Page 16 of 41 time to move forward with a variance. That's just my position based on what I have heard. Thompson: I understand your position and respect that. I guess as far as the desire, I think there is this desire among the developers -- there is this recognition that there will not be development unless there is some improvements to that intersection out there, as well as probably the Meridian Road intersection and the Fox Run intersection and I think if we had had the same economy that we had in 2005, 2006, there would be a pretty hard consortium there putting something together very hard. They have been hit by the recession, as all developers have there, and they are not sure where they are going now, so that's why they can't commit at this point in time. But there is a desire and a recognition that something will have to be done, that if there is nothing done there will be no development. Rountree: Thank you. De Weerd: I would share Councilman Rountree's comments that -- and I certainly -- we are aware of what's happening on the northeast comer outside of our jurisdiction, but as far as I'm concerned until all four comers can get together and put together a comprehensive plan that shows equity for all four comers, we will testify against any variance to that, so not one is disadvantaged or has an advantage over the other. So, it would be to your advantage to work with the other three comers and see if you can make that unique and distinct that goes against the corridor's plan for limited access and show that it is different and it does warrant different type of treatment. But until then we don't have anything to make a determination of, other than what our ordinance currently states. Thompson: Well, unfortunately, we don't have I guess the jurisdiction or control over them to force them to move ahead or make a move. We have had some productive meetings and, again, all very positive, but nobody has got the ability right now to, you know, put a pen to paper and say, yes, we agree to do this, because they just don't know what's going to be happening with their properties at this point and in all honesty I have also been working with properties to the east of the Eidenberg property and it is difficult sometimes to get some cooperation with that development there, so any development we can get we are certainly willing to do that. De Weerd; Well, I hope you would understand that it's not in the city's best interest to piecemeal a plan together. It needs to be a collaborate plan that considers all four comers. Thompson: That would ask this development to delay until an unknown time. De Weerd: Not our jurisdiction I don't think, so -- any other comments, questions from Council? Thank you. Thompson: Thank you. Meridian City Council • April 7, 2009 Page 17 of 41 De Weerd: This is a public hearing. I would invite any member of the public that wishes to testify specifically on this item and this topic. Seeing that there is no public comment, would you like to give us closing remarks? Do you have any final remarks? Just restate your name for the record. Thank you. Wiley: James Wiley. And we have been working with the developers for the other comers trying to put together a plan. Part of our problem is that ITD will say that we can't grant you access because the City of Meridian won't allow it and the City of Meridian will say we can't grant access, because ITD won't allow it or it's not in the -- in the plan. So, that has been a situation we are trying to work through with ITD and I guess at this point we are looking for some help -- or not help, but at least affirmation from the city that if we can work something out with -- with ITD we can proceed with the city's at least recommendation. Any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I can give a history lesson if -- if you'd like it. Wiley: Sure. Rountree: We do have the ordinance with respect to state highways. On projects that come in and request access that are other than half mile we usually deny it at the city level and request either frontage roads or backage roads and signalized intersection at the half mile. Oftentimes that occurs before the applicant is through any kind of traffic analysis with ITD. In some cases they have never done a traffic analysis and ITD's never seen them. Usually what happens is the applicant's go back, do an engineering traffic analysis, submit it to ITD, and work through whatever process they have -- I think there is some magic there -- and ultimately get a decision and, occasionally, that decision is appealed and when the decision or the appeal results in ITD being satisfied that there isn't a safety issue and grants access, then, applicants have come to the city and requested a variance and I cannot think of a case where we have denied the variance in that case. Your statement about ITD not doing anything because Meridian won't allow it is a first. Wiley: My statement what? Rountree: That ITD will not grant access because Meridian won't allow it is a first as far as I know. Wiley: Okay. It's one of -- excuse me. It's one of the reasons that they are saying no. Rountree: But historically that's never been an issue for them in making a final decision about access. And, typically, they will -- again, based on the engineering analysis and Meridian City Council • • April 7, 2009 Page 18 of 41 the statement that your engineer made of trying to make things work, I assume some of an engineering analysis that looks at Linder and Chinden and four accesses near that intersection within a hundred feet, it looks like that's probably going to be the case with all four concepts. Wiley: You mean it's 600 feet? Rountree: Or 600 feet. Excuse me. It looks to me like that analysis has to be done in total, not piecemeal, and that's probably what ITD is looking for, so they can make a decision. Once again, it sounds like you're going to be appealing their decision. If in your appeal you get satisfaction that they will, in fact, allow a right -in and right -out, then, that would be the appropriate time for you to come to the city and request a variance, because, then, we would have something to base a variance on. Right now we have nothing to base a variance on. We believe it's unsafe. ITD said it would be unsafe. And the decision we have to make to make a variance can't be done. So, I guess at this point, having seen nobody else testify, you have the option of us closing the hearing and making a decision either agreeing to your variance request for both right of way width and access, or continuing the hearing until such time as you have the results from your appeal with ITD and, then, having that information brought back to us and continuing our dialogue and discussion and ultimate decision about whether or not to access would be granted from the city's ordinance perspective. Does that make sense? Wiley: Uh-huh. Rountree: Okay. Wiley: At this time we will go ahead and request a vote. De Weerd: So, you would like to request a vote this evening? Wiley: Yes. De Weerd: Okay. Any further questions by Council? Bird: I have none. Zaremba: No. De Weerd: Thank you. Wiley: Thank you. De Weerd: Council, hearing no further questions, I would entertain a motion to close the public hearing on this item. Zaremba: Madam Mayor? Meridian City Council • • April 7, 2009 Page 19 of 41 De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on VAR 09-001. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Brad. Hoaglun: You're welcome there. De Weerd: Okay. Any discussion? Do I have a motion? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just comment before I will happily make the motion, that I agree with President Rountree that this is premature. I would also have to say that this intersection at some point will easily be the same as Eagle and Fairview is or will be and preserving the right of way -- rights of way and preserving the safety accesses -- the safety aspects of not having extra accesses I think is important and like President Rountree, if somebody could prove that this is going to be okay, I would listen to it again. But at this point I think we need to stick with our statute and in that case I am going to move that we deny VAR 09-001. Rountree: I will second that and question of the motion maker. Zaremba: Yes. Rountree: Includes both the access, as well as the right of way? Zaremba: Yes. Rountree: Okay. Zaremba: Thank you. Rountree: That's what I'm seconding. Meridian City Council • April 7, 2009 Page 20 of 41 De Weerd: Thank you for the clarification. Any further discussion? I'd ask for roll call on this item. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 08-016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district in Ada County to the M -E (Mixed Employment) zoning district in the city for Southridae 31 by James L. Jewett — northeast comer of Overland Road and Ten Mile Road De Weerd: Okay. Item 11 is a public hearing on AZ 08-016. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next item before you is a request for annexation and -- excuse me. I'm one ahead of myself here. Let me back up. It's a request final plat of 21 commercial building lots on 12.62 acres -- okay. Excuse me. Let me just start over again. I didn't realize you covered that one. Okay. The next project is Southridge. It's located on the northeast comer of Overland and Ten Mile. This is an aerial view of the property. It's an annexation request of 31.27 acres to ME, mixed employment. The application is only for annexation and zoning. No development is proposed at this time. The applicant has submitted a conceptual development plan showing how this site may develop in the future. However, the applicant has stated that future concept and development plans will be submitted based on the market and economic conditions. The recommended conditions for approval require a development agreement and modification as necessary to revise the concept plans. While development is not proposed with the annexation, there will be site construction for the reconstruction and realignment of Tasa Drive as part of the Ten Mile interchange project. ITD plans to extent Tasa eastward under Ten Mile Road through the subject site to the existing Overland Road. Right of way has already been obtained to construct Tasa, Market Square, to the existing Overland Road location. The Commission recommended approval of this annexation request at their March 5th public hearing. The applicant's representative testified in favor of the application at the public hearing. Nine people testified in opposition, one commented, and two letters and a petition signed by 45 neighbors were submitted. Key issues of discussion by the Commission. The legal status of the current operation of a batch plant in unincorporated Ada County. Construction activities related to the widening of 1-84 on the site. Hours of operation of the batch plant. Term of operations. Method of dust control. Traffic control at the Ten Mile - Overland intersection. And whether or not it's in the best interest of the city to allow the batch plant and construction activities to continue to operate on the site if it is annexed. The key Commission changes to staff recommendation were adding a DA provision for the contractor to provide flaggers at the Ten Mile - Overland intersection during peak hours to insure smooth traffic flow for Meridian City Council April 7, 2009 Page 21 of 41 both residential and construction equipment. Add a DA provision for the contractor to alleviate dust issues from the construction activities on the site by watering the area. And a modification of DA provision F per staffs recommendation to remove the concrete batch plant terminology and just leave it at construction activities related to the widening of 1-84 and construction of the Ten Mile interchange. Outstanding issues for City Council is to determine what the peak hours are that the contractor is required to provide flaggers at the Ten Mile - Overland intersection. And to determine if it's in the best interest of the public and the city to allow the current batch plant use to continue on the site as an accessory use as allowed in UDC 11-3E-2 for the 1-84 widening project. The Commission recommendation requires that the batch plant and all activities associated with the 1-84 project and Ten Mile interchange construction to cease once the interchange is completed. Written testimony since the P&Z Commission meeting are letters from Joyce Baker and Melvin Baker. Staff will stand for any questions the Council may have at this time. De Weerd: Thank you. Council, any questions for staff at this point? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm sorry to show my ignorance, but I was not aware that we had a zone that was called ME. Mixed employment. Is that a real zone? Watters: It is a new zoning designation that was adopted awhile back. I don't know the date. Canning: Madam Mayor, Members of the Council, Council Member Zaremba, it was adopted last summer in response to the Ten Mile interchange -- the Ten Mile specific area plan where it's listed as a specific designation. So, we did come up with a zone to match that. This would be the first property with that zoning. Zaremba: I remember doing that. I guess I wasn't aware that it was a real zone, so thank you. De Weerd: Thank you. Any other questions at this time? Rountree: I have none. De Weerd: Is the applicant representative available? Thank you. If you will, please, state your name and address for the record. Elg: Thank you, Mayor. My name is Van Elg. I'm with The Land Group, 462 East Shore, No. 100, Eagle, Idaho. De Weerd: Thank you. Meridian City Council . April 7, 2009 Page 22 of 41 0 Elg: Representing the owners this evening for this development. I think I can keep this fairly short. There will be plenty of testimony and questions I'm sure as we proceed through this discussion tonight, but the application that you had before you is South -- it's Southridge in name only. Not to be confused with South Ridge, which is to the south of this project. It so happens that some of the same owners own the project and it was -- it got -- received the name of Southridge, so, anyway, that's neither here nor there, but I hope we haven't confused anybody with -- with that name. The -- as Sonya mentioned, it's a 37.27 acre -- or 36.27 acre annexation and rezone request from RUT in the county to an ME, mixed employment, in the city. And it is one of the first -- or the first ME zone for this new land use planning area. As -- in discussing this with Jim, one of the owners in the project -- I guess I need to point out that we have been in no real hung for the annexation, but there is a need for this piece to annex. We had been under some design with it that's obviously been put on hold, because of some of the recent economic changes. Down turns. But the plan that you see before you tonight is simply a plan for illustrative purposes only. It's a -- it was required as part of the annexation and so we are completely comfortable with the staffs condition of approval that a revised or new concept plan be submitted prior to the commencement of any new development or new development proposals on the site. We understand that and support that with those conditions of approval. The -- the use that you have before you is -- we have got the Knife River, who is operating the batch plant, or when it shut down last fall, but they are here tonight if you have any specific questions about the operation of the batch plant. We have other contractors and owners associated with the project here as well, if you have anymore specific questions about surrounding development or this site as well. Mr. Jewett's here this evening as well. We also understand that with future development it would require a DA modification and that's acceptable to us. As mentioned, the annexation is essential for the -- the ITD interchange. It's viewed essential for the ITD interchange project, because in Ada County the batch plant and operations that are proposed for this site are not allowed and can be considered as an accessory use under Meridian's code. That's the purpose of the annexation when it comes right down to brass tacks I guess right now. We understand, again, and support that we will come back in later for -- for additional review. The -- give you a little history of -- can't remember how this thing works, but can you see my pointer when I point up there? De Weerd: Yes. Elg: Oh. Don't tap. How does that get back? Watters: What did you do with it? Elg: Yeah. Tapped too hard. Okay. You can see that Tasa Drive extends to the west underneath the Ten Mile Road. Tasa -- the right of way for Tasa has been dedicated and purchased and exists today. The plans have not been -- the construction has not started on that, but, obviously, with the construction of the Ten Mile interchange that Tasa Road construction will have to be completed early on in the project to provide Meridian City Council . April 7, 2009 Page 23 of 41 0 those residents with the access that they need through that and back up to Overland Road. We have been coordinating that with ACHD and with ITD both and if you have any additional questions about that perhaps you can ask me or Jim later on. As I mentioned, we have got Knife River here as well tonight and I think they -- they have a small presentation that they'd like to give to you to talk about the operation and some of the history of the operation, the batch plant out there. But my part -- my part of this is fairly simple. I'm here tonight to request an annexation and rezone of a piece of property and along with that we understand that there will be a temporary use for the operation of the batch plant there, which will expire with the completion of the -- of the Ten Mile interchange project or the 1-84 construction as it's needed. But with that I'll open myself up for any questions that you might have. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor, just a comment. It seems to me that any -- anything beyond the 1-84 reconstruction and expansion project is premature, at least with Knife River, because there will be multiple projects go out for bid for the remainder of the interchange and possibly some of these other structures. So, I'm not sure how -- how we can approach that. Elg: Okay. I think Knife River could probably answer that better than I could address that issue for you. De Weerd: Do you want to tum the rest of your time over to Knife River then? Elg: Sure. I will. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Rosen: Good evening. Jesse Rosen with Knife River. Located at 5450 West Gowen Road. Here representing Knife River and our concrete batch plant located on the Southridge project. Basically our plant we intend to have that plant in operation approximately about 15 days of utilization plant production. The plus side of having that plant located there is our trucks aren't using the City of Meridian roads, they are accessing the interstate, egressing from a location provided by ITD and Jim L. Jewett's property. We expect when the production is done approximately around May 15th the plant will be shut down and it will be removed at the completion of the project. Looking through the comments from the last P&Z meeting, Knife River agrees to abide by dust control for the project and maintain and keep the dust to a minimal amount. We agree to provide traffic control at the intersection as necessary and we agree to abide by City of Meridian noise ordinance. That's all I have. And I implore the project. De Weerd: Thank you. Council, any questions? Meridian City Council • r April 7, 2009 Page 24 of 41 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Are there not requirements from DEQ on air quality emissions as it relates to the operation of your batch plant and our -- and certification requirements and if that's the case do you meet those? Rosen: I believe we do. Our subcontractor is available to answer that question. Rountree: Okay. I'd like an answer sometime this evening. Rosen: Like an answer sometime? Rountree: Sure. De Weerd: If you will, please, state your name and address for the record. Burke: I'm Mike Burke. 6451 West Gowen Road, Boise. De Weerd: Thank you. Councilman Rountree, will you restate your question? Rountree: My question relates to the operation and air quality requirements and certifications from DEQ on your batch plant. Are they required and, if so, do you have them and what -- Burke: The DEQ does require air quality permits for that plant. It was first permitted in 1994 with -- it was located there at the Eagle interchange and it's been permitted ever since. Rountree: Okay. And you're in compliance with the permit requirements? Burke: Yes, we are. Rountree: Okay. Are there any other permit requirements with respect to operation in and around the batch plant for primarily particulate matter, dust, or does it only relate to the operation and the batch plant itself? Rosen: The permit that we have from the DEQ requires dust abatement during the operation of the plant, but that also includes the aggregate piles that are there. Rountree: Okay. And if you're not in compliance what are the penalties? Rosen: Pardon me? Meridian City Council i April 7, 2009 Page 25 of 41 Rountree: If you're not in compliance what are the penalties? Rosen: I'm sorry, I missed that last -- Rountree: What penalties are there for you if you're not in compliance? Rosen: That I'm not aware of. We -- most recently at an inspection when the plant was operating in Twin Falls didn't have any compliance issues. Rountree: Okay. Thank you. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: For Mr. Rosen. I just first want to make sure I heard correctly. Are you saying that the plant will go out of use something like May 15th, what, six weeks from now? Is that what I heard? Rosen: Approximately May 15th is the date that we anticipate being done with the concrete paving. Zaremba: Then I -- Rosen: Our contract -- Zaremba: I think I would expand on a question that President Rountree asked earlier. Wouldn't it make sense to keep it there for the interchange being built and some other things that are going on there? I'm not -- my understanding was the reason for putting it there was the alternative is that trucks would have to go as far as seven miles one way to get the materials and come back and this is saving a lot of money for building -- Rosen: You're absolutely correct. I mean I was just speaking on Knife River's -- our contract right now. There will be another project let for the Ten Mile interchange project, which we may be low bidder or another contractor could be low bidder, and they may want to utilize the site for the same uses. Zaremba: Okay. So -- Rosen: So, that is a correct statement. Zaremba: So, it's not a dead issue on May 15th and -- Rosen: Yes, sir. You're correct. Meridian City Council • • April 7, 2009 Page 26 of 41 Zaremba: Just your contract ends. Rosen: My contract. Knife River. Zaremba: All right. Thank you. De Weerd: Thank you. There is a few minutes left to the opening remarks. Any further comments by the applicant or a representative? If you will just restate your name for the record. Elg: Sure. Van Elg with The Land Group. I guess I need to clarify one thing that I may have misled you on. The rezone is also -- the purpose of it is to allow for the development within the Meridian city limits according to the ME zone in the future and we -- we hope you understand that. We are just not annexing it just for the batch plant. We intend to develop it. The plan that you see before you here is one of many iterations that we have gone through as we have tried to come up with a plan that might fit, but may not fit them ultimately. You will most likely see another plan before -- when things tum around a little bit and you will see another plan that comes in that tries to integrate the ME standards and we understand will in several discussions with staff as we go through that process and, ultimately, back before you folks again. De Weerd: Thank you. Elg: Thank you. Rountree: Madam Mayor? Zaremba: Madam Mayor? Go ahead. De Weerd: Mr. Rountree. Rountree: Van, this question is probably for Jim, but on the -- the graphic that we have in terms of the concept in the area that's proposed for annexation, the most recent information we have seen on the Ten Mile interchange does, in fact, show Tasa Drive and the roundabout and the connection with Overland, but what we have not seen on any proposal is the connection of Tasa Drive, Market Square Way, to the new location of Overland Road and my question is -- I guess I need a refresher. Is that on the preliminary plat for South Ridge -- and Jim looks like he's getting ready to jump up here and tell me what I need to know. Jewett: Jim Jewett. 1560 Carol Street in Meridian, Idaho. I'm best suited for that question. You're referring to the extension from the existing Overland to the realigned Overland for Mark -- Meridian City Council . April 7, 2009 Page 27 of 41 Rountree: Market -- yeah. Market Square as it connects to the existing alignment with Overland and, then, crosses over on that slight curve and hooks up with the realigned Overland Road. Jewett: ITD in February agreed to move forward with the design of that portion, but they wanted to get the original project out to bid and an addendum, because they didn't want to slow the bid process down. If they changed that now they felt they would lose a few months -- several months, so they will do that as a change order and right now I think they are just finishing up getting that -- the original project out to bid out to advertisement, so they can bid it and, then, they will jump right in and finish the design and the acquisition of additional right of way. We have already committed to work with them on that right of way. The last -- the other remaining components from them was the notice to proceed from ACHD on the realignment and all the signed bonding and contracts for all the contractors for the realignment were delivered to ACHD today and their security instrument will be delivered tomorrow, so PreCon should be a day or so away and, then, notice to proceed. Rountree: We are still looking at the later part of June for completion? Jewett: The contract that I signed today had a June 30th termination date -- not termination date, completion date. Substantial completion. De Weerd: That's a big difference. Rountree: Substantial -- traffic on the road. Jewett: And the latest letter I got from ITD indicated late July now, early August start date for the interchange. If any of you have been out you will see the trees are all down and the houses getting ready to demo. That bid is out next week for the demo of all the homes, 16 in total. Rountree: Thank you. De Weerd: Any other questions for Mr. Jewett? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is the batch plant going to continue to be used? I mean I'm -- I'm among those who don't want it to be there forever, but I certainly see the value of having it stay there through the building of the interchange. Jewett: We are working with Knife River and other contractors that are bidding the Ten Mile project. All the same players are going to be there. You know, the bidding process is the low bidder and then -- so once they award that bid -- we certainly have no other Meridian City Council April 7, 2009 Page 28 of 41 use in the interim right now, so it seems to be an appropriate use for us, since we have no other use. Just the extension of Tasa just -- you can't farm it anymore, it cuts right through the middle of where the irrigation fields were. So, having some other use on the north side of that Tasa extension, Knife River used all the excess fill coming off of the interchange and filled that site anywhere from five to six feet, which, again, kept those trucks from going onto the road and going elsewhere and the batch plant was on the south side of realigned Tasa, so it was designed to stay there with Tasa being built. So, it just depends on who wins -- before May 15th we will know who will win the contract on that project. So, we have no objection. Zaremba: Thank you. De Weerd: Thank you. Okay. This is the public hearing portion of this item. I would ask -- I do have a sign-up sheet that indicates your support or your opposition. So, when I read your name if you wish to provide testimony at that time, I would invite you forward. We have already heard from Jesse Rosen -- Rosen, so -- who signed up for. Jana Puga signed up against. If you will, please, state your name and address for the record. Puga: Jana Puga. I live at 3325 West Davis Lane -- De Weerd: Thank you. Puga: -- in Meridian. Mayor de Weerd and Council, I appreciate this opportunity to talk with you. I live within 300 feet of the property that's in question. First I want to say that I do support the Ten Mile overchange and the widening of the interstate. The issue I have is that the industrial operation, the concrete batch plant, has been operating without proper permits or zoning since June. I could talk about the noise that we have had to experience as residents. The size of the equipment. The trucks operating within 300 -- you know, approximately 300 feet of our house. The vibrations. The banging to keep you up at night. The flaggers that had to be called in to handle the traffic. But what I want to focus on is the key issue -- and I think the key issue is that in May of 2007, last spring, Ada County staff informed the concrete placing company, which is a subcontractor of Knife River, that a concrete batching plant, quote, was not allowed on parcels residing in the RUT district and they were given three options. They either had to find an industrial zoning designation elsewhere -- and I want to point out they said industrial zoning designation. They could propose a zoning amendment to use within the residential district or they could approach Meridian for zoning. And there is more detail and I'm sure you have seen the write up. They were told that in May and operations started this summer and throughout the summer we had the problems of noise and that sort of thing. But, again, I want to focus on the legal -- what I consider illegal operation. Due to the residents complaints Ada County finally followed up seven months after they had been in operation and they indicated they were prepared to move forward with code enforcement action. They gave Knife River until December 31 st to do something about it, nothing happened, so on February 20th Ada County said they must have their annexation application heard before April in -- with Meridian zoning and Meridian City Council April 7, 2009 Page 29 of 41 0 planning. So, when the representative from Land River says that it was essential that this annexation happens, well, it is essential, because the permits and the proper zoning were not followed when this operation -- this batch plant went into operation. James L. Jewett, the developer or the land owner, began tearing down buildings, the old bam that was there, the trees -- I'm not saying he did it personally, I don't know if he hired it out. But the residents knowing they hadn't followed permits in the past, contacted EPA, who came and I have to commend them, they immediately had them stop operations, because they didn't have the proper permits. The buildings hadn't been inspected. So, at that time -- may I continue? De Weerd: If you can summarize your remarks. Puga: Okay. So, basically, I'm asking you -- your rezoning is to mixed employment. The definition for that is light industrial. Anyone that has seen this will know it's not a light industrial operation. So, I'm asking you to deny the annexation until that batch plant is removed, because I think there is two things that are happening. One, people that didn't follow the Idaho Code and permits are being rewarded by, basically, allowing this annexation. I don't think that's the vision we want for Meridian, that you don't have to follow codes and permits and we will welcome you with open arms, because it's convenient to the Idaho Transportation Department. And the other thing is I think you're setting up a precedence. If ME use is going to actually be industrial, then, let's call it what it is, call it industrial zoning and rezone it for industrial. That plant they want to keep there for a long time, I'm asking you to deny it, because the developer, Knife River, and the concrete placing are all people that have been in this business for a long time and they know what's required before you start the operation. So, ignorance and convenience, in my mind is no excuse. And I do hope you will take this under serious consideration. Thank you. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Joyce Baker signed up against. Oh, we probably could have found a microphone and brought it to you. If you will, please, state your name and address. Baker: I'm Joyce Baker. I reside at 3350 West Davis Lane, Meridian, Idaho. 83642. De Weerd: Thank you. Baker: I want to thank you, Madam Mayor and Council Members, for inviting us here to be heard this evening. I, too, along with my husband, live within 300 feet of this site that's being operated with heavy industrial use. We feel that we have been duped over the last nine months we have been given the run around. I have spent hundreds of hours trying to uncover what -- what started, how it started, why it started, and enough Meridian City Council i April 7, 2009 Page 30 of 41 of that. This is not a congenial site at all. There are -- the down side -- I heard someone mention the plus side. The negative side is that there are 20 plus affected residents by this heavy industrial use. Many of them are so weary from the anxiety they have gone through this past year, let alone what we -- we already knew we were facing coming up in the next couple of years with the interchange. This was snuck under us without permits. We didn't know what was going on. I would like to invite any and all of you to my home to view what I look at all day long and what I listen to and what I hear in the night. I trust that you have all had a chance to read what I submitted. It's rather lengthy. Have any of you.not had a chance to review my -- De Weerd: It is part of the record. Baker: Okay. De Weerd: Yes. Thank you. Baker: I also would like to know if you could put on the overhead the Commission's -- Council's review application for annexation submitted by the landowner on December 30th, 2008. De Weerd: If you will give us a minute. I think -- Canning: Ma'am, could you repeat that? What are you looking for? Baker: I would like to have someone put on the overhead the Commission and Council review application or the landowner's application that he submitted on December 30th, 2008. Canning: If you have a copy you can set it -- Baker: I have a copy of it. Canning: Can you set it on that -- Baker: If you notice there very close to the top of the page it says current land use, what do you see there? It says vacant to me. Have any of you and all of you seen the colored submitted photos of this property with dates on them? Not just copies in black and white, but the colored submitted photos with dates of this property. I mean there has been a lot of verbal reference to the batch plant, but it's been very troubling to me and all of our neighbors that this states vacant. That's not forthcoming. Why is there a hurry to annex these proposed parcels when the economy does not support the need for growth and new business for at least several years or longer? Again, as Mrs. Puga stated, this is -- and I stated in my previous submitted testimony that this is a premature application, because it was given as an ultimatum for improper land use in Ada County. Another question that's troubling and I'll wind this right up here in just a second. A deputy from the Ada County Sheriffs Department told us that an -- that annexing these Meridian City Council April 7, 2009 Page 31 of 41 parcels would cause confusion for them, because they would -- we would have to call them when they violated codes and if you have read my earlier submitted statement, codes have been violated since the P&Z hearing and they talked strongly to Knife River about the violation of the dust and dirt and keeping it watered and the noise and they have been served due to a noise ordinance in the night since that hearing, which was, basically, just a few weeks ago. We would like to know who we are to call if you choose to annex this. Are we to call Ada County or City of Meridian for code enforcement? Another thing, Knife River got up at the P&Z hearing and they seemed to be embarrassed and apologetic for the noise and nuisance that they had been creating and, then, they turned around and continued to break those. Thank you very much for considering my testimony and I do ask you to deny this and tum it back to Ada County for code enforcement. Thank you. De Weerd: Thank you. Melvin Baker signed up against. Good evening. If you will, please, state your name and address for the record. M.Baker: I'm Melvin Baker, 3350 Davis Lane, Meridian. De Weerd: Thank you. M.Baker: Madam Mayor, City Council Members, you have a very nice city and I enjoy working in it and being a part of it. You also have a very elaborate development code. Two hundred forty-one pages of it that I have been looking at. I have no objection to this parcel being annexed to the city when the timing calls for it and if UDC guidelines are followed. Current use is not at all consistent with your Comprehensive Plan or the allowable uses under ME zoning. The current use has been demonstrated to negatively impact all the nearby neighbors. According to your UDC an accessory use is one that is incidental and subordinate to the principal use and is conducted on the same property. If the principal use of this property is vacant, how can heavy industry be an accessory use to that? To say that the operation of a batch plant is incidental and subordinate is quite a stretch of the imagination. Your UDS prohibits uses of property that are not specifically listed and operation of a batch plant is not a listed use. It also requires activities associated with the proposed use to be in substantial conformance with the goals and objectives of the Comprehensive Plan. Chapter one goes on to guarantee equal protection to citizens from undue encroachment by their neighbors. Chapter three prohibits noise, air pollution, and vibrations that can be felt without instruments. You better believe that when this batch plant is in operation the vibrations can be felt inside of our homes without instruments. Chief Stowe, does your code enforcement officer really need this additional challenge? If this misuse of land was illegal in Ada County, how can you set aside your own Unified Development Code and call it legal in the City of Meridian? If the applicant had followed proper channels in the first place he wouldn't have been knocking on your back door December 30th. Thank you. De Weerd: Thank you. Mike Burke signed up for the project. Thank you, sir. Scott Nichols signed up for. Good evening. If you will, please, state your name and address for the record. Meridian City Council Is April 7, 2009 Page 32 of 41 0 Nichols: Scott Nichols. 2730 West Val Vista Court, about a half mile south of the project and just a little bit to the east. De Weerd: Thank you. Nichols: I'm testifying tonight in behalf of this annexation and I didn't present any -- or provide any prepared statement, but I just wanted to, I guess, express my feelings about the batch plant down there in the annexation. I think I have talked to Jim and Jesse and others about -- about issues like this and it really comes down to, I believe, not a question of whether the work needs to be done, whether the interstate's going to be built, where Ten Mile and Tasa is going to be rebuilt, it's really how it's done. And I want to tell you that from the Knife River standpoint, from Jim's standpoint, everything that they have committed to me has been done and I live less than 50 feet from Southridge that was stripped off and has been regraded and prep'd for development. I don't doubt that all of us at some level are inconvenienced by development, but I think that you as -- as the Mayor and the Commissioners or the Councilmen need to look at the bigger issues and the impacts to the community. Yes, there is dust associated with construction. I have to live with it. The question is has the applicant done the proper job in responding to that and I believe they have. Will there be vibration? Yes. Has there been traffic control because of issues with traffic? Absolutely. I deal with it every night, every morning. No big deal. But the bigger issue at hand in terms of safety -- health and safety and environmental impact, costs to the remaining community in terms of taxpayer costs, road rebuilding and use and abuse -- not abuse, but use of the remaining Ada County road system is also an important aspect of your decision and I think there is no better choice, regardless of how you get it done, but to have the batch plant located right where it is, where we can minimize road traffic, where we can minimize safety hazards, the implications of hundreds of trucks hauling gravel from another site -- I'd much rather have them be able to come into that site and access not only the freeway operations, but Ten Mile -- the Ten Mile interchange operations from that site right there. I, too, will be impacted by it, but I'm willing to put up with that and testify in favor of this annexation in that batch plant based on the other issues that are prevented by having this source or this operation so close to the source of the use. Maybe not said too eloquently, but I appreciate the time. Thank you. De Weerd: Thank you. The last person signed up on the list is Larry Van Hees. Hess. Sony. Signed up in favor. Van Hees: My name is Larry Van Hees. I live at 2540 South Del Rey. Our property borders on the south side of Southridge Subdivision. Madam Mayor, Councilmen, it's unfortunate that things like this happen during times, you know, when -- when something major in an area is trying to happen. I'm not going to repeat what Scott said, but I agree with him very, very much. We are all being impacted by the work that's going on. It would be nice if it didn't have to be there, but also, on the other side, I have spent many years in construction, I understand costs and I understand who does the paying of those costs, and it's the taxpayers in this case -- we are all getting benefit from Meridian City Council • April 7, 2009 Page 33 of 41 e that batch plant being so close to that operation. It just makes really, really good sense to pull right onto the freeway there and not have to move those trucks so far and I just want you to know it's not going to last forever, it's going to be done here in a couple of years and, hopefully, we will all forget all the strain and all the problems that happened because of it, but we are in favor of it. Thank you. De Weerd: Thank you. Those are the names that signed up to testify. Is there anyone in the audience who would like to provide testimony that did not sign up? Okay. The applicant does have the opportunity to have the last word. If you would like to do wrap up remarks you're invited forward at this time. State your name for the record again. Jewett: Jim Jewett. De Weerd: Thank you. Jewett: I'll try to touch on as many of those issues as I can. If there is any that I forgot just remind me and I will touch on them. I don't want to -- to undermine the impact that the direct neighbors have. I recognize that I asked that all the contractors, going in, please, talk to the neighbors, inform them, try to have dialogue, so that we can minimize, unlike a lot of projects, we get going and we are on a time frame and I think maybe that we drop the ball on occasion there and for that I apologize to some of the neighbors. I first was introduced to the Bakers -- it was December before they contacted me and I listened to their concerns and I talked to Knife River about hours of use and our lease agreement does recognize that there has to be some hours of use and some traffic control and I am asking to, please, work with the neighbors to try to make sure we mitigate as best we can. There was one comment about where to code enforcement. Well, code enforcement should start with me and my office. If there is an issue, you know, my door's open, they need to come talk to me, but I will deal with it on issues on site. If we have dust that they want taken care of, it needs to start here. If I don't do my job, then, I believe that it does go to the next step, so it does stop here. There was some comments about EPA in our demolition of the buildings. For some time we were considering and moving towards preservation. With the economic change there just wasn't the financial support to do that, so a decision was made and we have contacted all the resources that had contacted us in the process about the historical registry of the building to insure that everything that they needed had been documented, so that we could go forward with demolition. The EPA requirement is that if you're demolitioning -- demolishing for the purpose of commercial use, you must have an asbestos abatement. We don't consider the demolition a commercial use. We are not building anything and replacing it. So, under our interpretation we were exempt. When EPA was notified they called us and said we'd gladly do the asbestos abatement. We hired it done. There was no asbestos. We got our ten day waiting period and we continued on. So, we complied, even though we thought we were exempt. There was some discussion about the accessory use and I just wanted to clarify that annexation is not just our property, it's Tasa, Marketplace -- it's the interchange. Those are all part of the annexation. Most of the Ten Mile interchange or a good section of it is part of this annexation. We are required to annex all those properties as part of that. I don't Meridian City Council April 7, 2009 Page 34 of 41 necessarily agree with the comment that annexation must wait until we are ready to develop. You are getting a brand new interchange there. You are having public services, sewer, water, and utilities that are going in to some of the infrastructure and requires going through my project, so annexation seems to be the most to accommodate all those utility construction. The last thing I will touch, then, is the Ada County and why the annexation, why Ada County. When -- when we were first approached by several contractors prior to the bidding of the original widening of the interstate, we inquired about where and what they could use on the property. Clearly the choice was annexation. We dropped the ball in not getting the annexation done early on. There was some hiccups with ITD and the right of way and making sure all the design of Tasa was right, which slowed us down. That is our fault. We do apologize for that. It should have been done in the summer. It should not have been waiting until after the fact. But it was always our intention to annex. I think that we have been very clear on that, that with the Ten Mile specific area plan that we are a part of it and we want to be a part of it and a part of the city and we want to annex this property. With that I would stand for any questions. De Weerd: Council, any questions? Rountree: Mr. Jewett, would you give us your office phone number for the record? Jewett: I'll give you my cell phone. 794-0070. De Weerd: 794 -- Jewett: 0070. De Weerd: Do you have that, lieutenant? Okay. Any other questions? Rountree: I don't have any for Mr. Jewett, but I do have a question for Mr. Rosen. De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, while Mr. Rosen is coming up, I did want to say Mr. Rosen came to me last spring to ask about the construction activities on the site and he did verify the appropriateness of those within the City of Meridian and it was assumed that annexation would take place a little sooner than it is. Rountree: If you will, please, state your name for the record. Rosen: Jesse Rosen. De Weerd: Thank you. Mr. Rountree. Meridian City Council April 7, 2009 Page 35 of 41 LJ Rountree: Under the contract you're working now is there a construction timing schedule or limits listed? In other words, are you allowed to work at night? Are you allowed to work after 6:00, before 6:00 in the morning? Rosen: Yes, we are, according to the ITD contract. Rountree: Okay. So, there is no -- no provisions in the contract for that? Rosen: That is correct, sir. Rountree: And since it is a federal aid project, I'm assuming that all of your equipment that you utilize meet EPA's noise emission standards? Rosen: That is correct. Rountree: They have all been certified as such? Okay. We don't have anybody from ITD here I don't recognize anyway. I have a question for them as it relates to the future, the next couple years, in terms of how the new contract will be written, what kind of stipulations there will be in that as -- and, Jim, you might know about after hours -- after normal work hour work -- De Weerd: Thank you, Mr. Rosen. Rountree: -- that sort of thing. Jewett: Having -- Jim Jewett again. Having sat on the steering committee I do have direct information on that. Ten Mile interchange had to go through an environmental where the widening of the interstate did not, because it was inside the existing confines of their right of way, so there was additional noise and hours of operation that was placed on the Ten Mile project that's not on the interstate widening project, if that makes sense. So, there is -- there will be in the document that comes out here soon, all the specifications of when -- when you can operate and there will be -- I believe it's daylight hours only. Rountree: That's an environmental mitigation that's incorporated in that project. Jewett: Yes. Rountree: I assumed there was, but I have not seen a document at this point. Jewett: I can gladly forward the staff the environmental impact statement. I have the entire copy in my office. Rountree: If you would do that I would appreciate that. And, Madam Mayor, I have a question for Mr. Nary. Assuming, when we act on this particular application, at what point in time, if we approved annexation, would this property be annexed? Meridian City Council April 7, 2009 Page 36 of 41 Nary: Madam Mayor, Members of the Council, be -- findings would come back probably within there a development agreement? I forgot. Watters: Yes. Council Member Rountree, there would two weeks -- I can't recall now -- was Nary: Okay. So, a development agreement get processed. After that it usually takes another couple of weeks for that to get done, so you should have it back for the ordinance and the -- that within four weeks, approximately. Rountree: So, the reality is is the use out there, whether we annex it or not, will probably be done and the annexation, though, some think is a curative for the illegal, if you will, or unauthorized use out there, probably won't be and that a future use out there, if we do annex, should and probably would come back to the city to determine accessory use and compliance. Nary: Council Member Rountree, I have to ask Director Canning if the accessory use -- It would only go back to the planning staff, would it not? It doesn't come back to the Council. Rountree: To the director. Nary: To the director. Bird: That's right. Canning: Madam Mayor, Members of the Council, for that particular accessory use there is no requirement. There is no review process. Rountree: Okay. Thank you. De Weerd: Okay. Council, any further questions for staff, the applicant, or any of the people that testified? Hearing none, do I have a motion to close? Rountree: Madam Mayor, I have one comment and one request of Mr. Jewett and it has no bearing on this at all, but would you, please, notify ITD that you have, in fact, provided surety or are providing surety to ACHD on the Overland relocation project, because they have been waiting for that. Before you get away. Jewett: I would defer -- I think they are waiting for it from Gary, so I think -- Rountree: Well, Gary is here as well, so, Gary, when you get it. All right. Thank you. De Weerd: When you get it would you also let us know. Thank you. Okay. Anything further from the Council? Meridian City Council . . April 7, 2009 Page 37 of 41 Bird: I have none. De Weerd: Staff, any further comments? Canning: Madam Mayor, Members of the Council, I guess in making your motion it might be helpful to acknowledge that the Council does feel that the construction activities associated with this active construction site are appropriate. If that's the way the Council and Mayor are headed that would be helpful. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Assuming that I'm not going to be the maker of the motion, which I could be, but it looks like President Rountree is preparing, I would add to what Director Canning said, the word temporary, and I do believe it's appropriate, but not forever. De Weerd: Thank you. Mr. Hoaglun, do you have any questions or comments? Hoaglun: Thank you, Madam Mayor. I -- can you hear me okay? De Weerd: Yes. Hoaglun: Okay. No. I'm just a little bit concerned that we are being asked to take over something that -- we are being handed Ada County's problems with this -- with this batch plant here and I'm a little concerned by that. I think the testimony from the neighbors raised some questions that need to be addressed. I certainly understand the need for close access to these construction projects for the freeway and eventually Ten Mile Road, but it -- how this motion is made is going to kind of go a long ways with how I end up voting on this. De Weerd: Thank you, Mr. Hoaglun. So, I guess the motion maker has a little pressure there. Do I have a motion to close the public hearing? Rountree: Madam Mayor, I move to close the public hearing on Item 11, AZ 08-016. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Discussion? Meridian City Council i April 7, 2009 Page 38 of 41 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Does staff still want us to determine the peak hours that the contractor will be required to provide flaggers? Watters: Yes, please. Zaremba: That was a question that was provided for us. Have we discussed that? Just a comment on it. It sounds like under the -- that the rules that will apply to the interchange building will be different from the rules that apply to the widening of the interstate and that the new rules do include some hours limitations. I don't know whether flaggers are needed all of those hours, but it doesn't sound like this is going to be a 24 hour operation once we get past May 15th. So, I guess I don't have an opinion either way. Rountree: Madam Mayor, given the timing that has been outlined here, depending on our action, if we do move forward with this, to me that's almost a moot point, because of the major construction activities are going to be over on the interstate by May 15th in terms of the batch plant operation. So, identifying flagging for that operation is something that we wouldn't be able to enforce anyway until it is annexed and officially part of the City of Meridian. I don't have a problem with setting some hours for that, if, in fact, we do move forward and there is a window when we would have enforcement. And as it relates to the future, by June 30th there will be a new Overland Road and it's my understanding Ten Mile will probably be closed a good portion of that two years during the construction. So, there won't be a necessary need for a flagger, with the exception of moving traffic on Tasa through that construction zone. So, I think for that maybe temporary period beyond when it might be zoned and the 15th and when they might shut down -- we could specify a time when flagging needs to be provided on -- on Ten Mile of the annexed site. Those would be -- if somebody has a suggestion. Zaremba: Well, I agree with your point, by the time we actually have jurisdiction this -- that part of it may be over and the situation will change with the interchange building, so -- Rountree: And I guess the question was asked if, in fact, if it is annexed who has enforcement. Meridian has enforcement. Meridian will enforce whatever ordinances we have, as opposed to what the county does, which seems to want to put the burden on somebody else. I guess the buck stops here and Lieutenant Stowe, for your promotion this evening, you can pass this onto Lieutenant Overland for consideration if we move forward. De Weerd: Overland or Overton? Rountree: Overton. Meridian City Council April 7, 2009 Page 39 of 41 De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'll attempt a motion here. I move that we approve the request for annexation and zoning on AZ 08-016 with the addition of a DA provision for the contractor to provide flagging on Ten Mile and construction site access points between the hours of 6:30 a.m. to 9:00 a.m. and 3:30 p.m. to 7:00 p.m. through the completion of the operation of the batch plant for the current interstate widening project. Motion is also made with the understanding that future accessory uses on this property to be annexed will be subject to review and approval by City of Meridian's Planning and Zoning administrator and that all DEQ, Idaho Department of Lands, Idaho Transportation Department, and federal highway administration environmental regulations are complied with. That all EPA air quality and water quality provisions are complied with, if the site is proposed for future use for the expansion of the Ten Mile interchange. De Weerd: Okay. Council, we have a motion. Zaremba: Second. De Weerd: And a second. Any discussion? Hearing none, Madam Clerk, will you, please, call role. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Ordinance No. AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove by Landmark Engineering & Planning, Inc. — 3155 South Mesa Way: De Weerd: Okay. Item No. 12 is ordinance number 09-1396. I'll ask Madam Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1396, an ordinance AZ 08-012, Shays Cove for annexation of a parcel of land being a portion of Lots 1 and 2 of Block 2 of Kachina Estates on file in Book 35, page 36, in the office of the recorder, Ada County, situated in the southwest one quarter of the southeast one quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Meridian City Council • April 7, 2009 Page 40 of 41 Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing for an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Seeing there is no one who would like to hear it read in its entirety, I will ask for a motion from Council to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance 09-0396 with suspension of rules. Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 12. Madam Clerk, will you, please, read -- or call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Before I ask for a motion to adjourn, I don't know -- usually I give a City of Meridian pin to any teenager that can last through the whole meeting. Ralph, have I ever given you one of these things? Two. Well, good. Well, I will not give you another one. Rountree: Anna would like one. Zaremba: We missed you last week, though. De Weerd: But you still earn our gratitude for putting up with us from start to finish. And you, too, Frank. Have I given you one? Thomason: Never. Meridian City Council April 7, 2009 Page 41 of 41 De Weerd: Never? Well, if you will, please, come forward I will present you with a pin. Rountree: Madam Mayor, I move that you present a City of Meridian pin to Frank and Anna and upon completion I move we adjourn. Bird: Second. Brad, go home and go to bed. Hoaglun: It's been a long day. Bird: I bet it has. Rountree: It's only 11:00. Bird: It's only 11:00 back there, Bud. Rountree: I moved to adjourn, so -- De Weerd: All those in favor to adjourn say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2DOq MAYOR T600Y De WEERD DATE APPROVED ATTEST: J, of m�®�� s C"UNV •` i',/Mli nni�� 0 April 3, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT April 7, 2009 ITEM NO. 5-A REQUEST Approve New Beer License for Lira, LLC dba Dickey's Barbecue Pit at 2845 East Overland Road Suite 190 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 ditached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Clty of Meridian. April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -B REQUEST Approve License Transfer of Owner Beer License for Meridian Speedway AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See altathed OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -C REQUEST Approve Beer, Wine and Liquor License Renewals: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached Date: Phone: _ Staff Initials: Materials presented at public meetings shall became property of the City of Meridian. 0 Beer, Wine & Liquor License Renewals for Approval by City Council on TUESDAY April 7T", 2009 Sent Friday 3/27/09 Buffalo Wild Wings (Rest) Ultra Touch Car Wash The Cigarette Store EPI's Restaurant (Rest) Strikers (Rest) Idaho Pizza Co. (Rest) 127 Club Goodwood BBQ (Rest) Wingers (Rest) Quick Stuff #7775 Applebees (Rest) Jacksons #1 Jacksons #11 Jacksons #35 Jacksons #56 Jacksons #97 Jacksons #98 Jacksons #99 Jacksons #105 Jacksons #118 EI Tenampa (Rest) Sent Thurs 4/2/09 3223 E. Louise Dr. #103 Beer & Liquor 835 E. Fairview Ave. Beer 200 E. Fairview Ave. Beer 1115 N. Main Beer & Wine 324 S. Meridian St. Beer & Liquor 405 E. Fairview Ave. Beer & Wine 127 E. Idaho St. Beer & Liquor 1140 N. Eagle Rd. Beer & Liquor 1701 E. Fairview Ave. Beer & Wine 3010 Goldstone Dr. Beer & Wine 1460 N. Eagle Rd. Beer & Liquor 412 E. Fairview Ave. Beer & Wine 1585 S. Meridian Rd. Beer & Wine 522 Cherry Lane. Beer & Wine 66 E. State Ave. Beer & Wine 3100 Magic View Dr. Beer & Wine 1950 E. Fairview Ave. Beer & Wine 180 E. Central Dr. Beer & Wine 3291 E. Pine Ave. Beer & Wine 1625 W. Franklin Rd. Beer & Wine 906 N. Main St. Beer & Liquor New Vintage Wine 1400 N. Eagle Rd. #104 Beer & Wine Dupus Boomers (Rest) 790 Progress Ave Beer & Liquor Sizzler #215 (Rest) 3380 N. Eagle Rd. Beer & Wine Ustick Chevron 770 W. Ustick Beer & Wine Tobacco Connection 450 S. Meridian #25 Beer & Wine Harrys Meridian Grill (Rest) 2032 E. Overland #130 Beer & Liquor Its All About You Catering (Rest) 2951 E. Overland Rd #100 Beer & Wine Fusion Asian Grill (Rest) 3161 E. Fairview Ave. Beer & Wine Dickey's Barbecue Pit (Rest) 2845 E. Overland #190 Beer Busted Shovel 704 N. Main St. Beer & Liquor Red Robin (Rest) 1475 N. Eagle Rd. Beer & Liquor 0 0 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -D REQUEST Resolution: 2009 Parks & Recreation Fee Schedule 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: 4/ CITY PARKS DEPT: 0 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 properly of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: 0 RESOLUTION NO. Oq - (® 55 BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING THE FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 24, 2009, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 7th day of April, 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of April, 2009. ,`�\�t��u inn u►rrrrr� O ; SEAL — ATTEST: rig �\`�• Jaycee Ho an, City Clerk APPROVED: ao 0/p"V Tammy de Wr , Mayor ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 0 EXHIBIT A FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT Meridian Parks and Recreation 2009 Fee Schedule 0 = Denotes fee change/addition/remove Activity Current Fee Proposed Fee % Change voile ball Com etadve Men's, Women's, Co -Ed Team Fee 10.games + toumament $250.00 $265.00 6% Late Fee(per team $30.00 $30.00 0% Recreational Men's, Women's, Co -Ed Team Fee $100.00 $100.00 0% Late Fee team $30.00 $30.00 0% Basketball Men's, Women's, Men's Over 40 Team Fee 10 games + toumament $400.00 $595.00 49% Player Fees min. 8 15.00 Remove USSSAFee $20.00 Remove Late Fee $50.00 $50.00 0% A2dqgLSoftball Men's, Women's, Co -Ed Team Fee 10 games + toumament $400.00 ' $640.00 60% Player Fees min. 12 $15.00 Remove ASA Fee $26.00 Remove Late Fee $50.00 $50.00 0% Men's Senior Softball Team Fee " 16games) $550.00 Remove Player Fees min. 12 $15.00 Remove ASA Fee $26.00 Remove Late Fee $50.00 ° Remove Fall Softball Mens, Women's, Co -Ed Team Fee 8 ames $200.00 ' $410.00 105% Player Fees min. 12 $15.00 Remove ASA Fee if team is not already registered) $12.00 $12.00 0% Late Fee $50.00 $50.00 0% Softball Tournaments Adult Slowpitch Entry Fee Parks & Rec Hosted $185.00 $185.00 0% Gids Fastpitch Entry Fee Parks & Rec'Hosted N/A $350.00 New Field Rental for tournament (per hour) WA $5.00 New Field Prep fortoumaments er hour N/A $15.00 New Girl's Soring Fast itch Softball U10, U12, U14, U16, U18 Team Fee 10games) $350.00 $0.00 Remove Team Fee with ASA Fee not included $275.00 $420.00 53% Late Fee(per team $50.00 $50.00 0% Girl's Fall Fast itch Softball U10, U12, U14, U16, U18 Team Fee 8games) N/A $340.00 New Late Fee(per team N/A $30.00 New Dodeball Co -Ed, Oen Team Fee 8 games + toumament N/Al, $275.00 New Late Fee (per team) N/A > $30.00 New MPR 2009 Fee Schedule Draft 2/12109 Page 1 of 4 Activity Current Fee Proposed Fee % Change Shelter Fees: Extra Picnic Tables $3.00 $3.00 0% Alcohol Permit 5 hr. time block $20.00 $20.00 0% Amus. EquipArg Canopies 5 hr time block per item $10.00 $10.00 0% Amplified Sound Permit(per da $20.00 $20.00 0% Park Use Application For Events der da $50.00 $50.00 0% Short Term Consessions Permit(per da $25.00 $25.00 0% Storey Park Blue $ Green Shelter Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Shelter Rental 101-150 people) $60.00 $60.00 0% Shelter Rental 151-200 people) $75.00 $75.00 0% Softball Field Rental(per hour $10.00 $10.00 0% Softball Field Lights(per hour $15.00 $15.00 0% Volleyball Equipment 5 hr time block blue shelter only) $10.00 $10.00 0% Tully Park Small Shelter Rental 1-30 people) $30.00 $30.00 0% Large Shelter Rental 1-150 people) $60.00 $60.00 0% Large Shelter Rental 151-200 people) $75.00 $75.00 0% Large Shelter Rental 201-250 people) $90.00 $90.00 0% Large Shelter Rental 251-300 people) $105.00 $105.00 0% Softball Field Rental(per hour $10.00 $10.00 0% Volleyball Equipment 5 hr time block large shelter only $10.00 $10.00 0% Multi -Use Fiend Rental(per hour $10.00 $10.00 0% Chateau Park Shelter Rental 1-30 people) $30.00 $30.00 0% Multi -Use Field Rental(per hour $10.00 $10.00 0% Settlers Park Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Shelter Rental 101-150 people) $60.00 $60.00 0% Shelter Rental 151-200 people) $75.00 $75.00 0% Multi -Use Field Rental(per hour $10.00 $10.00 0% Baseball/Softball Field Rental(per hour $10.00 $10.00 0% Heroes Park Multi -Use Field Rental $10.00 $10.00 0% Seasons Park Shelter Rental 1-30 people) $30.00 $30.00 0% Multi -Use Field Rental(per hour $10.00 $10.00 0% Gordon Harris Park Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 people) $45.00 $45.00 0% Multi -Use Field Rental(per hour $10.00 $10.00 0% Bear Creek Park Shelter Rental 1-50 people) $30.00 $30.00 0% Shelter Rental 51-100 eo lee $45.00 $45.00 0% Softball Field Rental(per hour $10.00 $10.00 0% Multi -Use Field Rental(per hour $10.00 $10.00 0% Champion Park Shelter Rental 30 people max. $30.00 $30.00 0% Multi -Use Field Rental (per hour $10.00 $10.00 0% MPR 2009 Fee Schedule Draft 2112109 Page 2 of 4 0 0 Activity Current Fee Proposed Fee % Change Renaissance Park Shelter'Rental 1-30 people) N/A $30.00 New Multi -Use Field Rental(per hour N/A $10.00 New Jabil Park Multi -Use Field Rental r hour N/A $10.00 New Hertia a Middle School Ball Fields Softball Field Rental(per hour $10.00 $10.00 0% Special Events Meridian Bam Sour 1 Mile Fun Run $8.00 $10.00 25% 6k/10k Run $18.00 $20.00 11% 1 Mile Fun Run Late Registration $13.00 $15.00 15% 6k/10k Run Late Registration $23.00 $25.00 9% Summer Sizzler Basketball Team 4 p1gers max $40.00 Remove Volleyball Team 4 players max $40.00 Remove Inline SkatIng $12.00 Remove Boise Hawks Family Ni ht $10.00 $10.00 0% CableONE Movie Night at Settlers Park Single Night Sponsor Fee N/A $250.00 New Presenting Sponsor Fee N/A $2;000.00 New Cam Play Cam 1 wk 7:30-5:30 Early Reg. $84.00 $84.00 0% Play Cam 1 wk 7:30-5:30 $94.001 $94.00 0% Play Cam 1 wk 9:00-3:00 Early Reg. $64.001 $64.00 0% Play Cam 1 wk 9:00-3:00) 74.001 $74.00 0% Sorts Cams $39.001 $39.00 0% Outdoor Adventure Cam $150.00 $160.00 7% Skyhawks Sports Camp Full Da 9am-3 m $118.00 $118.00 0% Skyhawks Sports Camp Half Da (gam-12pm) $98.00 $98.00 0% Winter Adventure Cam $96.00 $96.00 0% Christmas Art Cam $45.00 $45.00 0% Bogus Basin Mountain Discovery Cam $134.00 $134.00 0% Whitewater Sampler Cam $395.00 $395.00 0% Kayak Skills Development Cam $495.00 $495.00 0% Jump Rope Cam $39.00 $39.00 0% Activity Guide Classes Winter Fun Das $15.00 $15.00 0% Spdng Break Fun Das $15.00-$35.00 $15.00-$35.00 0% Multi -Media Art Class $34.00 $34.00 0% Leam to Nordic Ski $28.00-$36.00 $28.00-$36.00 0% Snowshoe with a Ranger $15.00-$20.00 $15.00-$20.00 0% Creative Beading & Jewelry Making $20.00 $20.00 0% Beaded Loom Class $45.00 $45.00 0% Its About Couples $40.00 $40.00 0% Lifetime Love $150.00 $150.00 0% Adult Watercolor $35.00 $39.00 11% Boise Yoga Center Classes $43.00-$88.00 $43.00-$88.00 0% Fit & Fall Proof $5.00 $5.00 0% Scrapbooking Classes $5.00-$20.00 $5.00-$20.00 0% Hunter Education $10.00 $10.00 0% Creative Writing $50.00 $50.00 0% Adult Ballroom Dance Classes $35.00 $35.00 0% Preschool Fun $38.00 $39.00 3% Preschool Fun Plus N/A $46.00 New MPR 2009 Fee Schedule Draft 2/12/09 Page 3 of 4 • • Activity Current Fee Proposed Fee % Change Baby Signs $75.00 $75.00 0% Spanish for Tots $35.00 $35.00 0% Youth and Adult Horseshoes $8.00 $8.00 0% Young Rembrandts ArtClasses$35.00 $38.00 9% Family Spanish $35.00 $35.00 0% Conversational English $30.00 $30.00 0% Basic Winter Survival $15.00 $20.00 33% Belly dancing $20.00 ;$24.00 20%' Do It Yourself Plumbing Repairs $45.00 $45.00 0% Red Worm Composting $10.00 $10.00 0% Papermaking $5.00 $5.00 0% Introduction to Metal Sculpture Art $15.00 $15.00 0% Intermediate Metal Sculpture Art $225.0.0 $225.00 0% Microsoft Excel Class $20.00 $20.00 0% Family Rafting Tri $40.00 $40.00 0% Hike With a Ranger $8.00 $8.00 0% Karate Classes N/A $59.00 New Japanese Classes N/A $45.00 New Solar Cooking for §t9inners N/A 10.001 New Mone. Mangement N/A $10.00 New Marriage Education for Singles N/A $20.00 New Beginning Piano N/A $100.00 New Photography N/A $45.00 New Bust 'Sculpturing N/A $200.00 New Pencil Drawn N/A $30.00 New Balance and Posture Class N/A $59.00 New Activi Guide Ads Back Cover Full Color $400.00 $400.00 0% Full Pae $320.00 $320.00 0% 1/2 Pae $160.001 $160.00 0% 11/4 Pae 1 $80.001 $80.00 0% 11/8 Pae 1 $40.001 $40.00 0% MPR 2009 Fee Schedule Draft 2/12/09 Page 4 of 4 0 • April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -E REQUEST Resolution: On Call 0 Call Out Duties & Compensation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: r A lL CITY SEWER DEPT: J �) v l/ 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 shalt become property of the City of Meridian. 0 Page 1 of 1 Tara Green From: Michelle Albertson Sent: Wednesday, April 01, 2009 9:19 AM To: Tara Green; Jaycee Holman Cc: Bill Nary Subject: On -Call Call Out Duties & Compensation Reso Follow Up Flag: Follow up Flag Status: Green Attachments: 2009 on-call call -out 1st.doc; On -Call Call Out Duties & Compensation Reso.doc Tara - attached is a Resolution for a revision to the Policy & Procedures Manual for On-Call/Call out Duties & Compensation for placement on the next available City Council meeting for adoption. Please let me know if you have any questions or comments. Thanks, Michelle 4/3/2009 • C CITY OF MERIDIAN RESOLUTION NO. 09- � Jr( p BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING 3.4.5 — ON-CALL/CALL OUT DUTIES AND COMPENSATION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 3.4.5 - On-Call/Call Out Duties and Compensation; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this / day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this da of Y 2009. APPROVED: Mayor ATTEST: �•' AFo By: Jaycee olman, City Cleric v CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL AMENDIvIi+d�G�i�3.4.5 — ON—CALL/CALL OUT DUTIES AND COMPENSATION POLICY — 2009 i CJ CITY OF MERIDIAN STANDARD OPERATING PROCEDURE NUMBER 3.4.5 SUBJECT: ON-CALL/CALL OUT DUTIES AND COMPENSATION PURPOSE: To provide guidelines regarding employees being on-call and being called out to perform emergency work beyond normal working hours. POLICY: Certain City employees may be placed on the on-call duty as directed by the Department Director or their designee. On-call duties are defined as being reasonably available to respond to City business during hours beyond the employee's normally established workday. AUTHORITY AND RESPONSIBILITY: Department Directors, or their designees, shall be responsible for establishing an on-call roster, scheduling on-call schedules, and ensuring that proper records are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION I. ON CALL PERIOD A. On-call hours are defined as those beyond the employee's normal work schedule, including City recognized holiday. B. An on-call employee forfeits their on-call duty if he/she calls in sick or goes home sick. The Supervisors shall be notified and may arrange alternate coverage. An employee may retain their on-call duty if the employee uses sick leave to attend an appointment during work hours and will be available for on-call duty at the end of their normal workday. If an employee simply has an appointment but is not ill they may keep their On- call duty but are required to call the office before 5:00 PM to be updated on pertinent information C. Employee must respond to the call within the specified period of time designated by their respective departments. D. Failure to respond to request for assistance or to respond within the time specified can be the subject of discipline up to and including termination. This applies to both on-call assignments and call -out response. 0 DEPARTMENTS I. PUBLIC WORKS - WATER 0 A. All on-call employees must have a minimum of a current Class 1 Water Distribution License issued by the State of Idaho. B. The maximum response time for an emergency call out shall be one (1) hour. C. On-call duty is mandatory for licensed operators unless the Superintendent expressly approves an exclusion. D. If an employee uses sick leave for a medical appointment but is not ill they may keep their on-call duty. However, the employee is required to contact the office before 5:00 PM to be updated on pertinent information. E. A supervisor must approve trading on-call duties before the end of the work period. II. PARKS A. Any employee on-call must respond within one (1) hour of the request for assistance. B. On-call duty is mandatory for Parks Maintenance personnel unless the Parks Superintendent or Parks Director expressly approves an exclusion. III. PUBLIC WORKS — WASTEWATER A. Currently only as designated by the Superintendent of the Wastewater Treatment Plant. B. The maximum response time for an emergency call out shall be one (1) hour. IV. POLICE A. Any employee on-call must respond within thirty (30) minutes of the request for assistance. i 0 V. COMPENSATION A. ON CALL "On Call" is a mandatory job requirement for certain positions. Although it is a condition of employment, the City of Meridian does recognize that being on-call may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Weekdays — 1 hour per day; Weekends — 2 hours per day; Holidays — 4 hours per City -recognized holiday. (Example: Standard 40 hour work week/M-F/8-5=9 hours of extra pay) All "on-call" time will be compensated as "extra hours" on the employee's time sheet. The time will not count as hours worked" for Fair Labor Standards Act (FLSA) purposes and cannot be paid or counted towards pay at an overtime rate. The employee will be paid their straight time for the specified amount. Weekdays and Weekends refer to the calendar days not the employee's schedule. Most "on-call" schedules will be consistent with the employee's regularly scheduled work week, but may be altered at the discretion of the supervisor or Department Director. B. CALL OUT "Call out" is also a mandatory job requirement for certain positions. If an employee is called to return to work it is only at the discretion of the supervisor, not the employee, to excuse the employee from returning to work. Although it is a condition of employment, the City of Meridian does recognize that being called out may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Minimum of one (1) hour straight time; Remaining time to be added to the employee's standard work week. The on-call employee will be compensated at their actual hourly rate until the completion of the event giving rise to the call out. Compensation for call outs begins when the employee leaves their location to respond and ends when the need for the call out ends and the employee returns to their original location or has the ability to return if the employee chooses to go elsewhere. C. OTHER Paid leave (sick or annual) and holidays do not count toward the forty (40) hours in accordance with the FLSA. i 0 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 CPA 08-013 APPLICANT City of Meridian Planning Department ITEM NO. S -F REQUEST Resolution: Request to change the text of the Comp Plan revising the name of the Mixed Use WWTP designation to Mixed Use Non -Residential for the Mixed Use Non -Residential Text 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 affached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 0 Page 1 of 1 Tara Green From: Michelle Albertson Sent: Thursday, April 02, 2009 11:35 AM CE KJ I� To: Tara Green; Jaycee Holman �G Cc: Bill Nary APR 0 2 2009 Subject: CPA Reso- Mixed Use Non -Residential Text CITY OF! ' Follow Up Flag: Follow up CITY CLERICS OFE FI E Flag Status: Green Attachments: CPA Reso- Mixed Use Non -Residential Text.doc Tara - attached is the Resolution for the CPA text amendment for the Mixed Use Non -Residential. Please let me know if you have any questions or comments. Thanks, Michelle 4/3/2009 ADA COUNTY RECORDEDAVID NAVARRO AMOUNT .00 2 BOISE IDAHO 04/09/09 IWO PM DEPUTY Vld Allen RECORDED -REQUEST OF II I I I IIII I 109040247 I IIIII I I II I IIIIIII I III Meridian City CITY OF MERIDIAN RESOLUTION NO. ()q — (a57 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE TEXT OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN, CHAPTER 7, PAGE 103 TO REVISE THE NAME OF THE MIXED USE WASTE WATER TREATMENT PLANT DESIGNATION TO MIXED USE NON-RESIDENTIAL AS RECOMMENDED BY THE CITY OF MERIDIAN PLANNING DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to I.C. § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and, WHEREAS, the Meridian City Planning Department is requesting to amend Chapter 7, page 103 to revise the name of the Mixed Use Waste Water Treatment Plant Designation to Mixed Use Non -Residential; and, WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: COMPREHENSIVE PLAN AMENDMENT — MIXED USE NON-RESIDENTIAL — TEXT — CPA 08-013 Page 1 of 2 0 0 SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan, Chapter 7, page 103 by revising the name of the Mixed Use Waste Water Treatment Plant to Mixed Use Non -Residential as recommended by the Meridian Planning Department. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this / d y of P , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 52009. Of ATTEST: O� By: rl A,�d 'k aycee . Holman, City Clerk APPROVED: Mayor T y de Weerd COMPREHENSIVE PLAN AMENDMENT — MIXED USE NON-RESIDENTIAL — TEXT — CPA 08-013 Page 2 of 2 0 April 3, 2009 CPA 08-012 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 5-G REQUEST Resolution: Request to add 54.9 acres of land to the Comp Plan Future Land Use Map with designations of 'Public 1 Quasi Public" and "Low Density Residential" for River Planning Area 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 pubHc meetings shag become properly of the City of Meridian. 0 • Page 1 of 1 Tara Green From: Michelle Albertson Sent: Thursday, April 02, 2009 2:10 PM *P C E I�VE To: Tara Green; Jaycee Holman Cc: Bill Nary APR 0 2 2009 Subject: CPA Reso River Planning Area - map CITY ®F CM Follow Up Flag: Follow up CITY CLERICS OFFICE Flag Status: Green Attachments: CPA - map - River Planning Area.jpg; CPA Reso River Planning Area - map.doc Tara - attached is the Resolution for the CPA for the River Planning Area along with the map as the attachment. Please let me know if you have any questions or comments. Thanks, Michelle 4/3/2009 • ADA COUNTY RECORDEWAVIQ NAVARRO AMOUNT .00 BOISE IDAHO 04/09/09 OOLL��PM EY Vicki Allen RIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III ECORCORQED—REQUEST OF 109040248Meridian Ciry CITY OF MERIDIAN RESOLUTION NO. —CQ — 65� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE RIVER PLANNING AREA, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for the River Planning Area, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP RIVER PLANNING AREA — CPA 08-012— Page 1 of 2 0 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this "7 day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this Iday of 12009. ATTEST: Jaycee L. OF SEAL '.0 p APPROVED: Mayor T de Weerd ComPREHENsivE PLAN AMENDMENT FOR FuTuRE LAND USE MAP RIVER PLANNING AREA — CPA 08-012— Page 2 of 2 0 April 3, 2009 CPA 0&014 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 5-H REQUEST Resolution: Request to redesignate approximately 265 acres from Low Density Residential, Medium Density Residential, and Mixed Use Regional to Mixed Use Non -Residential for State Highway 69 & Amity AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION:. SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: ADA COUNTY RECORDERVID NAVARRO AMOUNT .00 3 BOISE IDAHO 04/09/09 O M DEPUTY Allen RECORDED -REQUEST of II I II II II III I III I II Il I IIII II III I II III Merldlan City 109040249 RESOLUTION NO. J BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE STATE HIGHWAY 69 & AMITY ROAD AREA, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 265 acres along the State Highway 69 and Amity Road Area, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - STATE HIGHWAY 69 & AMITY CPA 08-014— Page 1 of 2 0 • SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this l day of '2009. APPROVED by the Mayor of the City of Meridian, Idaho, this I daY of '2009. \`\\Allo till, of SEAL - NO 0 \` ATTEST: By: Jaycee L. olman, City Clerk APPROVED: Mayor Tammy eerd COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - STATE HIGHWAY 69 & AMITY CPA 08-014— Page 2 of 2 i April 3, 2009 11 CPA 09-003 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT Garland Goff & Shannon Hamrick ITEM NO. 5-1 REQUEST Resolution: Request to change the Comp Plan Future Land Use Map designation on 2.051 acres of land from "medium density residentia" to "commercial" for Goff -- 1665, 1705 and 1725 West Pine Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached � Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 0 Page 1 of 1 Tara Green From: Michelle Albertson Sent: To: Friday, April 03, 2009 9:07 AM Tara Green; Jaycee Holman � T xv— v �� Cc: Bill Nary APR 0 3 2009 Subject: CPA Reso Goff - map CITY OFGGt ��„ Follow Up Flag: Follow up CITY CLERKS OFFICE Flag Status: Green Attachments: CPA - map - Goff.jpg; CPA Reso Goff - map.doc Tara - attached is the Goff CPA Resolution along as the map. Please let me know if you have any questions or comments. Thanks! Michelle 4/3/2009 . ADA COUNTY RECORDERVID NAVARRO AMOUNT .00 3 BOISE IDAHO 0609109 0. M DEPUTY VIW Allen RECORDED - REQUEST OF eridian City 109040250 CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 0 Q - (0(00 BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR THE GOFF PROPERTY LOCATED AT 1665,1705 AND 1725 WEST PINE AVENUE, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 2.051 acres known as the Goff property located at 1665, 1705 and 1725 West Pine Avenue, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - GOFF CPA 09-003— Page 1 of 2 • L_J incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 7*—day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2009. SEAL 40 N �O ATTEST:Cbu By: Jayceeq)- Holman, City Clerk APPROVED: Mayor Tm7o Weerd COMPREHENsivE PLAN AMENDMENT FOR FUTURE LAND USE MAP - GOFF CPA 09-003— Page 2 of 2 0 0 April 3, 2009 AZ 09-001 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT Garland Goff & Shannon Hamrick ITEM NO. 54 REQUEST Findings for Approval — Request for Annexation and Zoning of 0.76 acres of land with a C -N zone for Goff -- 1725 West Pine Avenue 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: Date: Phone: Emailed: 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: Thursday, April 02, 2009 1:29 PM To: Machelle Hill; Tara Green; Nancy Radford; Jaycee Holman Cc: Peter Friedman Subject: Goff Findings for 4/7 CC Mtg Follow Up Flag: Follow up Flag Status: Green ...are saved in the Public folder on the shared drive. Thx! .sovuua watters Associate City Planner City of Meridian - Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax E, YAW1111 It E CITY OF MERIDIAN ERIDIAN�-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER In the Matter of the Request to Amend the Comprehensive Plan Future Land Use by Changing the Land Use Designation on 2.05 Acres of Land, Consisting of 3 Tax Parcels, from Medium Density Residential to Commercial; and Annexation and Zoning of One 0.76 Acre Parcel with a C -N Zoning District, by Garland Goff and Shannon Hamrick. Case No(s). CPA -09-003 & AZ -09-001 For the City Council Hearing Date of: March 24, 2009 (Findings on the April 7, 2009 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of March 24, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 24, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 24, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 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). CPA -09-003 & AZ -09-001 -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 Description and Development Agreement in the attached Staff Report for the hearing date of March 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 Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated November 7, 2008 by Glenn Bennett, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of March 24, 2009, incorporated by reference. 3. The applicant's request to change the comprehensive plan future land use map designation on 2.05 acres of land, consisting of 3 tax parcels, from medium density residential to commercial is hereby approved. D. Attached: Staff Report for the hearing date of March 24, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -09-003 & AZ -09-001 -2- 9 0 By action of the City Council at its regular meeting held on the day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED�� COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED�— MAYOR TAMMY de WEERD VOTED (TIE BREAKER) \\`� � ► ► ►, u � ►fin ►Q,,',,,,� �� .orFo Mayor Tamm Weerd Attest: SEAL — Jaycee lair' , ►�,►"o'\ Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: —1 Dated: L0 - ' o Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CPA -09-003 & AZ -09-001 -3- 9 0 STAFF REPORT Hearing Date: March 24, 2009 TO: Mayor &City Council WIDIAN - (::� FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: CPA-09-003/AZ-09-001— Goff I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants, Garland Goff and Shannon Hamrick, have applied to amend the Comprehensive Plan Future Land Use Map (CPA) by changing the future land use designation on 2.05 acres of land, consisting of 3 tax parcels, from medium density residential to commercial. The application also includes a request for annexation and zoning of one 0.76 acre parcel (0.86 of an acre including right- of-way to centerline of W. Pine Avenue) with a C -N zoning district. The applicant has submitted a conceptual development plan for the property proposed to be annexed. The applicant proposes to retain the existing structure and construct an approximate 70' x 81' addition that will house Flow Aquatics, a corporation specializing in learn -to -swim lessons for beginners and stroke instruction for valley tri -athletes and other more advanced swimmers. 11 JOU _141WWR Woo I\/ I U 14 1 o Staff recommends that the Commission and Council carefully consider the request to determine if approval of the proposed CPA and AZ is in the best interest of the City. Staff recommends approval of CPA -09-003 and AZ -09-001 per the Analysis in Section 7 and the Findings listed in Exhibit D of this staff report with changes to the Comprehensive Plan Future Land Use Map as depicted in Exhibit A.2. NOTE: The Commission is only allowed to recommend amendments to the Comprehensive Plan Future Land Use Map every six (6) months. The last amendment to the map recommended by the Commission was on 8114108, which exceeds the minimum six month requirement between that and the current request. After making a recommendation on the subject application, the Commission will have to wait at least six months before recommending any additional changes to the Map. The Meridian Planning & Zoning Commission heard these items on February 19.2009. At the Public hearing they moved to recommend approval of the subiect CPA & AZ request. a. Summary of Commission Public Hearing: i. In favor: Garland Goff, Shannon Hamrick, Kevin Warner, Kathie Fogg, T. J. Clifford, Rock Brown ii. In opposition: None iii. Commenting: None iv. Written testimony: Letters in support of the proposed AZ for a swim facility were received from John Spickard. Kevin Warner; Amy McKinney; Aisa & Laura Jenkins; Alan Petersen; Lisa McKinney -Mai; Eric & Andrea Eschen; Nancee Bakken; Theresa Jenlans; Jennifer Shepard; Erica Pelley Ziebarth; Brian Shields, Tomas & Judy Golo; Frederic & Heidi Toussaint; Rob & Valerie Crawford; Matthew Braun; Ron & Sara Gambassi; Heidi Bode; Andrea Legarreta; Linda Rose; Casey Byington; Sara Spry; Kelley Herrod; Floyd Fisk; Dave Knotts; Staci Ellis; Gary Wiener; Emily Geary; Britta McNish; Kay Grant; Anne King; Edward Kosydar; Melyssa Williams; Kirby Kolka; Sally & Greg Felton; TJ Clifford; Sarah Harris; Joselvn Overby; Marty Mundt; Goff CPA -09-003 & AZ -09-001 PAGE 1 Wendy & Alan Rehkemper; Jeff & Linda Moss; Brooke Alex; Jason & Amy Thomas; Richard Priest; Gina Bosco; Kelsey Backen; Sascha Bridges; Rose & Joe McKinney; Dale Nelson; and Liane Root. v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: i. Discussion regarding class sizes, how many people will use the facility at one time how long classes are, and how many people will be served by the business each day (AZ site); ii. Parking availability on the AZ site for larger vehicles such as buses; iii. Discussion on limiting the type of use allowed on the AZ site to an aquatic fitness facili c. Key Commission Change(s) to Staff Recommendation: i. Add a DA provision that limits future use of the site to an aquatic fitness facility as proposed by the applicant with this application (see DA Provision #f). d. Outstanding Issue(s) for Citv Council: i. Determine whether or not future uses on the site proposed to be annexed should be limited to only an aquatic fitness facility, as recommended by the Commission. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPA -09- 003 and AZ -09-001, as presented in the staff report for the hearing date of March 24, 2009, with the following comments: (Add any proposed comments.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers CPA -09- 003 and AZ -09-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) Goff CPA -09-003 & AZ -09-001 PAGE 2 1 1 1) 1 _r_1 I MOW) I' /_� •. I_ •_ � I1 1 I �_•_ � I I 1 �_ _. 11 r r 1 I1 :_1 )_.. .� I � _r 11 1� r_ 1 1- 1 1 s 1 _I_ 1 _I- '-i- 1 1_ 1 _ __ _ 1 1 W. r. Irl " ' � 1_ IWI 1 -. I /_ 1 1 e ' .. -117.T7"1='. _r. 1 .__I_ _ 1 ' I I'' I ' ' , 1 _I. 1 11 11___ i I 1 A' 1 I_ -\ 111. 11_' I 1 1 _ _0_ 1 1 K I I I--1_. MoTrTT1 1 7 I I I I I' 1 1 i 01.1 i tMTW I _J_ ': 1 t 1 i e 1 1 e J' I 91,01, ;' III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPA -09- 003 and AZ -09-001, as presented in the staff report for the hearing date of March 24, 2009, with the following comments: (Add any proposed comments.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers CPA -09- 003 and AZ -09-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) Goff CPA -09-003 & AZ -09-001 PAGE 2 0 i Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPA -09-003 and AZ -09-001, as presented during the hearing on March 24, 2009, for the following reasons: (State specific reasons for denial of the subject CPA application.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property for the CPA request is located at 1665, 1705, and 1725 W. Pine Avenue in the southeast'/ of Section 11, Township 3 North, Range 1 West (Tax Parcels: #S1211417479; S1211417415;S1211417473) The subject property for the AZ request is located at 1725 W. Pine Avenue in the southeast 1/4 of Section 11, Township 3 North, Range 1 West (Tax Parcel: #S1211417479) B. Owners of the Property for the CPA: Virtual Keystrokes, LLC, 2010 Mumbarto Avenue, Boise, ID 83713 (Parcel: #S1211417479) Rock Brown, 2188 W. Sonoma Drive, Meridian, ID 83642 (Parcel: S1211417473) Raymond & Danielle Newhouse, 1665 W. Pine Avenue, Meridian, ID 83642 (Parcel: # S1211417415) Owner of the Property for the AZ: Virtual Keystrokes, LLC, 2010 Mumbarto Avenue, Boise, ID 83713 (Parcel: #S1211417479) C. Applicant/Representative: Garland Goff (208)323-7667 D. Applicant's Statement/Justification: See applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a Comprehensive Plan Map Amendment. A public hearing is required before the Commission and City Council on this matter, consistent with Idaho State Code and Unified Development Code, Title 11, Chapter 5. B. The subject application is for Annexation and Zoning. A public hearing is required before the Commission and City Council on this matter, consistent with Idaho State Code and Unified Development Code, Title 11, Chapter 5. C. Newspaper notifications published on: February 2, and 16, 2009 (Commission); March 2, and 16, 2009 (City Council) D. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); February 27, 2009 (City Council) E. A public service announcement was broadcast faxed on January 30, 2009 regarding this application (Commission); February 27, 2009 (City Council) F. Applicant posted notice on site by: February 8, 2009 (Commission); March 14, 2009 (City Council Goff CPA -09-003 & AZ -09-001 PAGE 3 0 VI. LAND USE A. Existing Land Use(s): There are three existing structures on the subject properties along with associated outbuildings. Two are residential properties and one is a church ministry use; one of the residential properties is the subject of the AZ application and is proposed to redevelop as a swim facility. B. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: The area surrounding the properties subject to the CPA request consists of residential, school, church ministry, and industrial uses. 1. North: Meridian High School, zoned R-4 2. East: Property owned by ACHD, zoned L -O 3. South: Storage facility, zoned I -L 4. West: Single-family residential property, zoned Rl (Ada County) C. History of Previous Actions: None D. Utilities: 1. Public Works Location of sewer: 1665, 1705 and 1725 are currently receiving sewer service from W. Pine Ave. Location of water: 1665, 1705 and 1725 are currently receiving water service from W. Pine Ave. E. Physical Features: 1. Canals/Ditches Irrigation: There are no major facilities that traverse this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. Floodplain: The subject property does not lie within the floodway or floodplain. F. Access: The conceptual development plan submitted with this application shows one driveway access to W. Pine Avenue in the current location. VII. COMPREHENSIVE PLAN/ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: The subject properties are currently designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The applicant is requesting a map amendment to "Commercial" for the subject properties. Per the Comprehensive Plan, the Commercial designation "provides 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. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The proposed C -N zoning district the property at 1725 W. Pine Avenue is consistent with the proposed Commercial designation of this property. Additionally, because these properties all have direct access to W. Pine Avenue, a minor arterial street, staff believes that commercial uses are more appropriate than residential. Goff CPA -09-003 & AZ -09-001 PAGE 4 0 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 CPA application and offers the analysis and recommendations contained herein for the Commission and the City Council's consideration. Please see below and Exhibit D for detailed analysis of the required findings for a Comprehensive Plan Map Amendment. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: ➢ Sanitary sewer and water service will be extended to the property at the applicant's expense. ➢ The subject land currently lies 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 land currently lies within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACBD). This service will not change. ➢ The subject land is currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject land is currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 (page 113) — Protect existing residential properties from incompatible land use development on adjacent parcels. The map amendment proposes to designate the subject properties for commercial use. Staff believes that the proposed future land use designation is compatible with existing and planned uses in this area and will be compatible with industrial uses to the south. A buffer will be required adjacent to the residential use to the west of the subject parcels. • Chapter IV, Goal I, Objective A, Action 6 (page 26) —Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. Only one of the subject parcels is proposed to be annexed at this time. This property is contiguous to the City and sanitary sewer and water are readily available to the site. • Chapter VI, goal III, Objective A, Action 13 (page 87) — Develop indoor/outdoor multiple use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports purposes and uses. Goff CPA -09-003 & AZ -09-001 PAGE 5 0 0 Staff believes that the addition of an indoor swim facility, which will provide swimming lessons to beginners as well as stroke instruction for valley tri -athletes and more advances swimmers, will offer a much needed service in the community. Chapter VII, Goal I, Objective B, Action 5 (page 109) — Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Staff believes that commercial uses on these properties, adjacent to a minor arterial street (W. Pine Avenue), will complement nearby residential areas and provide needed services in this area of the city.. • Chapter VI, Goal II, Objective A, Action 12 (page 85) — Develop methods, such as cross -access agreements, frontage roads, to reduce the number of existing access points onto arterial streets. With the redevelopment of this site, staff is requesting the applicant provide cross -access to the properties to the east and west to reduce the number of access points onto Pine Avenue, an arterial street. • Chapter VII, Goal IV (page 112) — Encourage compatible uses to minimise conflicts and maximize use of land. Staff believes that the proposed future land use designation of commercial is appropriate for these properties as they lie adjacent to Pine Avenue, a minor arterial street. The properties to the east are already zoned for commercial office and industrial uses and the property to the south is industrial. For these reasons, Staff believes the proposed commercial designation for these properties is appropriate and is compatible with existing & future uses in the area. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. As is applicable to the subject application, the City should encourage the clustering of commercial development at or near existing arterials and collector roads and require landscaping of new development to provide beautification. All future construction on the subject sites will require approval of a Certificates of Zoning Compliance prior to construction or a change in use. Staff will ensure that future development on this sites comply with any and all applicable design and landscaping standards, as provided for through the Unified Development Code. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Staff believes that all necessary services are currently available to the subject site and will still be available upon development of the site. Goff CPA -09-003 & AZ -09-001 PAGE 6 c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. As the site is currently proposed for future commercial use, Staff finds that this element is not applicable to the subject application. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a farming -based economy to a retail, service, and manufacturing -based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. e. Public Services, Facilities, and Utilities City water and sewer service is currently provided to the subject properties. Public services are provided to the properties already within the city; public services such as police protection will be provided to the property proposed to be annexed upon annexation. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. The applicant is proposing a commercial development on the site. Therefore, the subject application does not apply here. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Staff does not believe that the proposed plan amendment would negatively impact transportation within the City of Meridian in this area if approved. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff does not believe that future commercial development of this property will significantly pollute or degrade the natural environment. i. Special Areas The subject amendment does not directly impact any lands zoned for open spaces, natural resources, or scenic areas, nor does the parcel contain any known significant natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplain, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 15 City parks totaling approximately 180 acres. The City is in process of developing new park facilities. The City also maintain several pathways. This site is not formally designated for recreational purposes. 1. Land Use The policies of this element are presented in the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial Goff CPA -09-003 & AZ -09-001 PAGE 7 • 0 development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes the commercial development and zoning within the immediate area and access to an arterial street has deemed this property more appropriate for light commercial uses, thus justifying the request the land use change to "Commercial." m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on January 30'h of which none of the neighbors attended. VIII. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed. If the CPA to Commercial is approved, the requested annexation and zoning to C -N for the property at 1725 W. Pine Avenue would comply with the map designated use of the property. a. Zoning Schedule of Use Control: UDC 11-2B-2 lists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C -N district. The proposed indoor recreation facility is a principal permitted use in the proposed C -N district. b. Purpose Statement of Zone (UDC 11-2B-1): 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 (4) 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. Allowed uses in the C -N district are of the small scale convenience uses. Further, properties in the C -N district should take access via arterials or collectors. c. Dimensional Standards: Development of the site proposed to be zoned C -N shall comply with the dimensional standards of the C -N district listed in UDC Table 11-2B-3. d. Landscaping: 1. Width of street buffer(s): A 25 -foot wide landscape buffer will be required adjacent to W. Pine Avenue, a minor arterial street, in compliance with the standards listed in UDC 11 -3B - 7C. 2. Width of buffer(s) between land uses: A 20 -foot wide landscape buffer will be required adjacent to residential uses upon development of this site, in compliance with the standards listed in UDC 11 -3B -9C. Currently, residential uses exist to the west and east (along the southern portion of this site). If a reduced buffer width is proposed as shown on the concept plan, the applicant must submit a request for Alternative Compliance to the Planning Department. Goff CPA -09-003 & AZ -09-001 PAGE 8 0 3. Percentage of site as open space: NA 4. Parking lot landscaping: Internal parking lot landscaping is shown on the concept plan. All parking lot landscaping shall comply with the standards listed in UDC 11-313-8C. 5. Tree Preservation: Mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. IX. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant has submitted a conceptual development plan, attached in Exhibit A.3, showing how the property proposed to be annexed and zoned is anticipated to redevelop with a swim facility. The applicant is proposing to construct a 70' x 81' addition to the existing residential structure. The facility is proposed to contain approximately 1,300 square feet of administrative area, 6,200 square feet of instruction area, mechanical, and storage areas. The facility will have 3 small in -ground warm water teaching pools; changing stalls, bathroom facilities, and a waiting/viewing area. The facility will continue to provide the community with the Learn -to -Swim program for beginners and efficiencies in swim stroke instruction for valley tri -athletes and other more advanced swimmers in this new location. The annexation legal description prepared by Glenn Bennett, PLS, dated 11/7/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Access: Access to the site is proposed via one access driveway to/from W. Pine Avenue. Cross -Access: Cross -access is not proposed to adjacent properties on the concept plan. However, staff believes cross -access should be provided to the properties to the east and west for future interconnectivity and to reduce access points on Pine Avenue, an arterial street, in compliance with the Comprehensive Plan (see analysis above in Section VII). Parldng: Off-street parking is included on the concept plan for this site that meets and exceeds the standards for commercial uses listed in UDC 11 -3C -6B. Landscaping: A 25 -foot wide street buffer is required adjacent to Pine Avenue. A 20 -foot wide buffer to residential uses is required. If a lesser buffer width is proposed as shown on the concept plan, a request for Alternative Compliance to UDC Table 11-2B-3 shall be submitted to the Planning Department. Building Elevations: The applicant has submitted conceptual building elevations, attached in Exhibit A.4, that show what the proposed addition will look like and how it will integrate with the existing structure. No building materials are depicted on the plans. Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff Goff CPA -09-003 & AZ -09-001 PAGE 9 0 1 J recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Future Land Use Maps (Existing and Future) 3. Conceptual Development Plan 4. Conceptual Building Elevations B. Agency and Department Comments C. Legal Description & Exhibit Map D. Required Findings from the Unified Development Code Goff CPA -09-003 & AZ -09-001 PAGE 10 • 2. Future Land Use Map (Existing & Future) Exhibit A - 3 - 9 3. Conceptual Development Plan ITSaZ sit 4 fill W, R III INs' a Ns I f.1 FQ + ly Ck & OP OF I' a D F-1 L I I i I I FL,Ow AQUATICS MwkWjhkWw SWIM STUDIO Exhibit C - 2 - 14011. ---------------•-- Aj Ir V F: PP H * + 01 IL C, a a fa I L ff A I I i I I FL,Ow AQUATICS MwkWjhkWw SWIM STUDIO Exhibit C - 2 - 14011. au F: I I i I I FL,Ow AQUATICS MwkWjhkWw SWIM STUDIO Exhibit C - 2 - 14011. � "�►,� �.y ,rasa, ;� , � - R�a� a7yi ' i it ✓ � {{��''{{"yyjj']�� .P f 4 0 • Exhibit C - 4 - 0 B. Agency and Department Comments On January 29, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Police Department, and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The annexation legal description prepared by Glenn Bennett, PLS, dated 11/7/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the conceptual development plan and building elevations included in Exhibits A.3 and A.4 and design standards currently in effect at the time of Certificate of Zoning Compliance application. b. A Certificate of Zoning Compliance application is required to be submitted to the Planning Department for the change in use and new construction proposed on this site. c. Direct access to W. Pine Avenue is prohibited except for the existing access shown on the conceptual development plan approved with this application. Cross -access shall be provided to the property to the west (parcel #51211417515) and the property to the east (parcel #51211417415) at the southeast boundary of the site for future interconnectivity. A recorded copy of the cross -access agreement(s) shall be provided with the Certificate of Zoning Compliance application for the change in use of this site. d. 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, within 6 months after the date of annexation ordinance approval. 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. e. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. f. Full fi ve . of AP -U,. Riad h^ limit^a to a ^tim fit:np-- r ^;u..., ^ All uses contained in UDC Table 11-2B-2 for the C -N district are allowed on the site extent for drinking establishments, fuel sales facilities. drive-thru establishments, and vehicle washing facilities, which are prohibited. 2. FIRE DEPARTMENT 2.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Exhibit C - 5 - 2.2 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 an imposed weight of 75,000 GVW. 2.3 For all Fire Lanes provide signage "No Parking Fire Lane". 2.4 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. 2.5 Provide a Knox box entry system for the complex prior to occupancy. 2.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 2.7 Pool chemicals shall be stored in compliance with the International Fire Code. 3. PUBLIC WORKS DEPARTMENT 3.1 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 obtaining a certificate of occupancy. 3.2 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. 3.3 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining a certificate of occupancy. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-313-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT This application is for comprehensive plan amendment, annexation and rezone only. Listed below are some of the site specific conditions that the District may identify when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. Exhibit C - 6 - 0 0 7.1 Site Specific Conditions of Approval 7.1.1 Either construct minimum 5 -foot wide detached concrete sidewalk a minimum of 28 -feet from the centerline of Pine Avenue abutting the site, or pay a road trust deposit in the amount of $9,838 ($26.00 / LF x 344LF x 110%) to pay for sidewalk to be installed along the site frontage when the intersection is constructed. 7.1.2 Construct one 24 -foot wide curb -return driveway intersecting Pine Avenue located approximately 450 -feet west of Linder Road. Pave the driveway its full width at least 30 -feet into the site. 7.1.3 Other than access specifically approved with this application, direct lot access to Pine Avenue is prohibited. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 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 ACRD 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. 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 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 are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that 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 Exhibit C - 7 - 0 0 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. Exhibit C - 8 - 0 0 C. Legal Description & Exhibit Map ANNEXATION DESCRIMON FOR THE CITE' OF MERIDIAN, IDAHO JEREMEY HAMRICK A parcel located in the SE Y, of Samoa 11, Towns* 3 Nom, Range 1 Wim, Boise Meridiem, Idaho, Ada CounM Idaho, more putieWarly described as follows: Commencing at an aluminum rap monument maddng the nmtmtedy corner of said SE t from which a brass cap moment marking the northwesterly corner of said SE % be= N 89*l l' I8" W a distance of 2655.26 few Thence N 89°1 I' 18" W along the nostha iy boundary of said SE V4 a distance of 380.00 feet to the POINT OF BI:t INNING, Theta confinning N 89°11'18" W a distance of 131.70 feet to a point; Them leaving said northerly boundary S 0*48'4Y' W a distance of 28100 feet to a poin4 Thence 9 89011' 18" E a. distance of 133.10 feet to a point* Them N (°31.38" E a distance of 283.00 feet to dw POINT OF BEGINNING. This pawl contains 4.86 acres, more or less. This ,demption was prepared from record information and no field survey was wed. Civil Survey Consultub, Incorpormed is not liable or responsible fur any discrepandes slut a fdd survey mi& disclose. Pnu ' red b. y: / t311en�7n�,i,G,,. Bennett, I'�i�.,,�S� , Civil S- YL� issi)IWFVtlKuus, InomW1 R1 November 7, 2008 4Rx�sD� x Exhibit C - 9 - SKErCH 70 ACCOMPANK ANMEXArION LOCAMD IN THE SE 114 OF SECTION BOISE MERIDIAN, DESCRIFrION FOR ME C17Y OF MERIDIAN 11, TOWNSHIP J NORM, RANGE I WEST, ADA 2OUN7Y, IDAHO. Exhibit C D. Required Findings from the Unified Development Code 1. Comprehensive Plan Amendment 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed change to the Future Land Use Map does not directly conflict with other elements of the Comprehensive Plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds the proposed land use change will provide an improved guide to future growth and development in this area of the city. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). The City Council believes sufficient provisions have been made to accommodate future commercial development in this area. g. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is generally consistent with the Unified Development Code. Staff will ensure full compliance with the UDC and other city design and development criteria, as development is proposed. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds that the future commercial uses on these properties will be compatible with surrounding (existing and future) uses. E The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds that the proposed map amendment to commercial will allow for a mix of uses on the site that should be compatible with the existing and future education, industrial, and residential uses in the area. h. The proposed amendment is in the best interest of the City of Meridian. The City Council finds that the proposed amendment is in the best interest of the City. Exhibit D - 0 - 0 • 2. 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 applicant is proposing to annex and zone the subject property with a C -N zoning district. If the applicant complies with the DA provisions, the City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan for the proposed commercial designation. Please see Comprehensive Plan Policies and Goals, Section VII, 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 anticipated use of the property for a swim facility (indoor recreation facility) is consistent with the requested C -N zoning district and proposed future land use map designation of commercial for this property. 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 if approved. 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 this site. E. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds that Annexation and Zoning of this property to a C -N zoning district is in the best interest of the City. Exhibit D - 1 - 0 • April 3,2W9 AZ 08-012 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 5-K REQUEST Development Agreement — Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shays Cove --3155 South Mesa Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • VARK 332 N. Broadmore Way & pLAAWVVr* V,G Nampa, ID 83687 Ph: (208) 442-6300 • Fax: (208) 466-0944 www.landmark-ep.com LETTER OF TRANSMITTAL TO: City of Meridian 660 E. Watertower, Ste 202 Meridian, ID 83642 FROM: Jed Wyatt Date: 3/31/09 PROJECT NAME: Shay's Cove PROJECT NO. C08043 NO. OF ITEMS DESCRIPTION 1 Development Agreement 1 Fee Delivered by JW RECEIVED BY: DATE: ADA COUNTY RECORDER JID NAVARRO AMOUNT .00 BOISE IDAHO 04109/09 02: DEPUTY VIcW Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED -REQUEST OF 109040251Meridien CIV DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. John Shay, Owner/Developer THIS VELOPMENT AGREEMENT (this Agreement), is made and entered into thisa _ day of , 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and John Shay, whose address is 3155 S. Mesa Way, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-513-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-4 (Low Density Residential District) (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE I OF 9 • Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 27`" day of January, 2009, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE 2 OF 9 0 • subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to John Shay, whose address is 3155 S. Mesa Way, Meridian, Idaho 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned R-4, (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The Owner/Developer shall be responsible for all costs associated with the sewer and water service extension. 2. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance 5-7- 517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Access to Lots 2, 5, 6, 7, 8, and 9 shall only be provided from one public street access to/from E. Victory Road and direct lot access to Lot 3 shall only be provided from a driveway access to Mesa Way, as approved by ACRD. Any other access points to/from the subdivision are prohibited. Direct lot access to Victory Road is prohibited. 4. The Owner/Developer shall comply with the tree preservation and mitigation standards listed in UDC 11-3B-10 for protection of existing trees that are DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE 3 OF 9 • proposed to be retained and existing trees 4 -inch caliper and greater that are proposed to be removed. 5. South Koi Place shall be extended as a stud street to the north property boundary for future extension. The Fire Department requests that a temporary turnaround be provided until such time as S. Koi Place is extended to the north. 6. Future structures on the site shall substantially comply with the building elevations and construction materials (i.e. stucco, rock accents, tile roof) shown in Exhibit A.4 of the Staff Report). 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE 4 OF 9 0 the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching parry's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE 5 OF 9 • civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: John Shay 3155 S. Mesa Way Meridian, ID 83642 DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE 6 OF 9 0 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE 7 OF 9 0 0 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ,\`��rr1NNlrrrry��Of- � o 13EAL = -, 'yp `ter �s'� • � �� —LU Jaycee I,Holman, City Clerk J61IN SHAY CITY OF MERIDIAN Mayor e s, ,.. DEVELOPMENT AGREEMENT — SHAYS COVE (AZ 08-012) PAGE 8 OF 9 STATE OF IDAHO, ) ): ss County of Ada, ) On this day of I 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared John Shay, known or identified to me to be the person who signed the above agreement and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) #OTA*r ,0940 psi 81.t -C � a .,�o• - OF STATE OF IDAHO ) ss County of Ada ) �6 clary Pubric for Id Residing at: 3o C5c- E :a—ko My Commission Expires: +S On this day of A Drd , 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ®•'�� •.� e I • I I 4 i I 6 ® 1 I •-/9 ° p ft k nL__,M:�h� Notary Public Fqr Idah Residing at:10 Commission expires: 6:11--11 DEVELOPMENT AGREEMENT - SHAYS COVE (AZ 08-012) PAGE 9 OF 9 0 0 This parcel is a portion of Lot 1 and Lot 2 of Block 2 of KACHINA ESTATES on file in book 35, page 36 in the Office of the Recorder, Ada. County, situated in the SWI/4 of the SEI/4 of Section 19, Township 3 North, Range 1 East of the Boise Meridian, Ada County Idaho and is more particularly described as follows: COMMENCING at the southwest corner of said SWI/4 of the SEI/4, said point being a brass cap monument referenced in C.P.&F. Instrument No. 8023391 on file in the Office of the Recorder, Ada County; thence along the south boundary of said SWI/4 of the SEI/4, A) N.89°42'05"E., 535.81 feet (of record 535.78 feet) to the southwest corner of said KACHINA ESTATES, said point being the POINT OF BEGINNING; thence along the westerly boundary of said KACHINA ESTATES, B) N.12024'22"W., 33.75 feet to the southwest comer of said Lot 1; thence along the westerly boundary of said Lot 1, 1) N.12°24122"W., 136.33 feet (of record 136.34 feet) to the westerly angle point of said Lot 1; thence continuing along the west boundary of said Lot 1, 2) N.00°19'50"E., 360.74 feet (of record 363.00 feet) to the proportional northwest corner of said Lot 1; thence along the northerly boundary of said Lot 1, 3) S.63058'02"E., 260.36 feet; thence, 4) S.00°17'41"E., 75.50 feet; thence, 5) N.89°54'26"E., 153.67 feet to a point on the boundary common to said Lots 1 and 2; thence continuing, L:\C08043i,Survey\Lega1 Descriptions4Exhibit A, Annexation dese.doc .: l rqj--c-- FAeskCG8043V;urvey'1EarAL DESCRIPTI(ii &Exhibit A. Ann x tier d --.arc 0 Project: C08043 Date: June 10, 2008 Page: 2 of 2 0 6) N.89°54'26"E., 152.66 feet to a point on the east boundary of said Lot 2; thence continuing, 7) N.89°54'26"E., 25.00 feet to a point on the centerline of Mesa Way; thence along said centerline, 8) S.00°17'41 "E., 334.84 feet to a point on the south boundary of said SWI/4 of the SEI /4; thence along said south boundary, 9) 5.89042'05"W., 532.93 feet to the POINT OF BEGINNING CONTAINING 5.03 acres, more or less. SUBJECT TO all Easements, Rights, Rights-of-way and all other Encumbrances of record or implied. L;\C O8043t urveyNLegaI DescripfionslExhibit A. Annexation desc.dor, CITY °FMERIDL&NE IDIAN�-- FINDINGS OF FACT, CONCLUSIONS � � � � � OF LAW AND DECISION 8c ORDER In the Matter of Annexation and Zoning of 5.03 Acres of Land from the RUT Zoning District in Ada County to the R4 Zoning District; and Preliminary Plat for 7 Single - Family Residential Building Lots and 3 Common Lots on 4.45 Acres in a Proposed R4 Zoning District, by Landmark Engineering & Planning, Inc. Case No(s). AZ -08-012 & PP -08-009 For the City Council Hearing Date of: January 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 23, 2007, 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 -08-012 & PP -08-009 -1- 40 40 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. b. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Conditions of Approval, and Development Agreement provisions, all in the attached Staff Report for the hearing date of December 23, 2007, 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 Annexation & Zoning request as evidenced by having submitted the legal description and exhibit map stamped and dated June 12, 2008 by Fritz Brownell, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of December 23, 2008, incorporated by reference; 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 10/22/08 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 December 23, 2008, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-012 & PP -08-009 -2- CITY OF MERIDIAN PLANNING DEPAI3NT STAFF REPORT FOR THE HEARING DATE&ECEMBER 23, 2008 STAFF REPORT Hearing Date: December 23, 2008 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Shays Cove • AZ -08-012 Annexation and Zoning of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district • PP -08-009 Preliminary Plat for g 7 single-family residential building lots and 3 common lots on 4.45 acres in a proposed R-4 zoning district Update: At the Public hearing on October 2. 2008. the Commission requested the Prosect be continued to November 20, 2008 in order for the oreiiminary slat to be revised The gffl ant has submitted a revised Plat as req that shows S. Aoi Place extending to the north Prope boundary and a temporary turn around for emergency access for the Fire Department. The temporary turn around will remain in place until such time as S. Hoi Place is extended to the north Addition , the applicant has removed one of the two building lots that fronted on Mesa Way: now onip the lot that contains the existing home and shoo buildings front on Mesa Way &ff is supportive of the proposed plat as shown In Exhibit A. Staff has revised the staff revert to reflect the changes made to the Plat (revisions in strikeout: boldlunderline format). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Landmark Engineering & Planning, Inc., has applied for Annexation and Zoning (Az) of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 (medium low-density residential) zoning district. Preliminary Plat (PP) approval is also requested for 9 7 single-family residential building lots and 3 common lots in the proposed R-4 zoning district for Shays Cove Subdivision. The proposed plat is areplat of Lot 1, Block 2, of Kachina Estates Subdivision. The site is located at 3155 S. Mesa Way, approximately 1/3 of a mile west of Locust Grove Road on the north side of Victory Road. This property is within the City's Area of Impact, Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject applications (AZ -08-012 & PP -08-009) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and a recommendation for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the subject AZ and PP applications with the Development Agreement provisions listed in Section 10, and the conditions listed in Exhibit B of the Staff Report, based on the finding in Exhibit D. Stiff re.,�end this prejeet b d d t the Commission Exhibit B. The Meridian Planning & Zoning Commission heard these items on September 18 October 2 and November 20.2008. At the public hearing on November 2o, 200S. they moved to recommend awroval of the subiect AZ and PP request. Shays Cove pap 1 CITY OF MERIDIAN PLANNING DEPA4kT STAFF REPORT FOR THE HEARING DATEWECEMBER 23, 2008 a. _Summary of Commission Public Hearing• i. In favor: Chris Todd ii. In opposition: None in. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L Support of the revisions to the plat that include a stub street to the north property boundary and a temporary turnaround. c. Key Commission Cbange(s to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: L None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -08- 012 and PP -08-009 as presented in the staff report for the hearing date of December 23, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -08- 012 and PP -08-009 to the hearing date of (insert continued hearing date here) for the following reason(s): [you should state specific reason(s) for continuance]. Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -08-012 and PP -08-009 as presented during the hearing on December 23, 2008, for the following reasons: [Please state specific reason(s) for denial.] 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3155 S. Mesa Way - Tax Parcel: R4814130175 The site is generally located on the north side of E. Victory Road, approximately 1/3 mile west of Shays Cove pme 2 CITY OF MERIDIAN PLANNING DEPAiNT STAFF REPORT FOR THE HEARING DATE&ECEMBER 23, 2008 Locust Grove Road, in the southeast Y4 of Section 19, Township 3 North, Range 1 East. b. Applicant: Landmark Engineering & Planning, Inc. 332 N. Broadmore Way Nampa, ID 83687 c. Owners: John Shay 3155 S. Mesa Way Meridian, ID 83642 d. Representative: Jed Wyatt, Landmark Engineering & Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting Annexation and Zoning of 5.03 acres of land from the RUT zoning district in Ada County to the R-4 zoning district. Preliminary Plat approval is also requested for ,& 7 single-family residential building lots and 3 common area lots on 4.45 acres of land. 1. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/27/08, revised 10/22/08. attached in Exhibit A) 2. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A) h. Applicant's Statement/Justification. Taken from the applicant's narrative, 'This site is unique with the provision of generous lot sizes and the developer and his family will continue to reside in the subdivision. The developer is planning on building a new home on Lot 2 and selling his existing home on Lot 3 to his son. With the developer planning his future residence within Shays Cove Subdivision, this should show that this subdivision will be designed and developed to the highest standards. In addition, the submitted elevations should give the City the confidence of the quality design." (See Applicant's narrative submitted with the application for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. The subject application will, in fact, constitute. a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. Newspaper notifications published on: September 1, and 15, 2008 (Commission); December 1. and 15, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: August 22, 2008 (Commission); November 26.2008 (City Council) e. Applicant posted notice on site by: September 17, 2008 (Commission); December 12, 2008 (City Counen) Shays Cove Page 3 CITY OF MERIDIAN PLANNING DEMOUNT STAFF REPORT FOR THE HEARING DATIS DECEMBER 23, 2008 6. LAND USE a. Existing Land Use(s): The site is currently a rural single-family residential lot and contains a home and shop buildings. b. Description of Character of Surrounding Area: The property is surrounded by existing and future residential uses. c. Adjacent Laud Use and Zoning: 1. North: Single-family residential lots in Kachina Estates Subdivision, zoned RUT (Ada County) 2. East: Single-family residences in Cabella Creek Subdivision, zoned R-4 3. South: Future single-family residences in Cavanaugh Subdivision, R-8 4. West: Single-family residences in Glacier Springs Subdivision, zoned R-4 d. History of Previous Actions: • The subject property was previously platted as Lox 1, Block 2, of Kachina Estates Subdivision in Ada County. e. Public Works: 1. Location of sewer. E Victory Road. Location of water. E Victory Road. Issues or concerns: None 2. Vegetation: There are many existing trees on this site. 3. Floodplain: NA 4. Canals/Ditche&%Tigation: There are no canals or irrigation ditches of significant size that traverse this site. 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning. R-4 7. Size of Property: 5.03 acres in annexation boundary; 4.45 acres in plat boundary f Subdivision Plat Information: 1. Residential Lots: g 7 2. Non-residential Lots: 0 3. Total Building Lots: 9 7 4. Common Lots: 3 5. Other Lots: 0 6. Total Lots: 4410 7. Gross Density: 4-11.57 dwelling units per acre 8. Lot Sizes: Buildable lots range in size from &,62311,W square feet (s.f.) to 2A� 47,283 st with an average lot size of 8:45 21.335 of an acre g. Landscaping: Shays Cove pap 4 CITY OF MERIDIAN PLANNING DEPARONT STAFF REPORT FOR THE HEARING DATE &ECEMBER 23, 2008 1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 25 -foot wide buffer along E. Victory Road, a minor arterial street, as shown on the submitted landscape plan. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffers) to adjoining uses: NA 3. Percentage of site as open space: 8% 4. Other landscaping standards: Mitigation shall be required for all existing trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): One public street, S. Koi Place, is proposed for access to Lots 2, 5 6, 7, 8, and 9, and 10 to/from E. Victory Road. Access to Lots 3 and 4 is prepesedto provided from S. Mesa Way. Staff and ACRD are supportive of the existing and proposed access points preposed (See Section 10, Analysis, and Exhibit B.7 for more information.) 7. COMMENTS MEETING On August 29, and October 30, 2008, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as Low Density Residential. The purpose of low density designated areas is to allow for the development of single- family homes on large lots where urban services are provided Uses may include single-family homes at densities of three dwelling units or less per acre (see Page 99 of the Comprehensive Plan). The gross density for the proposed subdivision is 1.79 dwelling units per acre, which is consistent with the low density residential designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (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) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner. ➢ Sanitary sewer and water service will be extended to the property at the applicant's expense. ➢ The subject land currently lies 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 land currently lies within the jurisdiction of the Ada County Sheriffs Offlce. Once annexed the lands will be serviced by the Meridian Police Department (WD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. Shays Cove Page 5 CITY OF MERIDIAN PLANNING DEPM47NT STAFF REPORT FOR THE HEARING DATE46ECEMHER 23, 2008 ➢ The subject land is currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject land is currently serviced by the Meridian Library District. This service will not change and the Meridian Library Distract should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development." (Chapter V, Goal I, Objective A.3) The subject property is surrounded by property to the south, east and west that has been annexed and is within the corporate boundaries of the city of Meridian. Approval of this development will assist in halting the outward progression of urban development, and encourage the development of underdeveloped parcels. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action Item 6) A street connection is fwf proposed to the rural residential property to the northr- : forfuture connectivity. • "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." (Chapter VII, Goal I, Objective D, Action Item 8) The gross density of the proposed subdivision is 449 L57 dwelling units per acre. The abutting rural residential lot to the north consists of 4.81 acres. Stafj'believes the proposed density and associated lot sizes serve as a transition to the existing rural residential properties to the north. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal IV, Objective C, Action Item 1) Staff believes that the proposed low density residential development of this property is compatible with existing adjacent residential properties. • "Provide for a wide diversity of housing types (single-family, modular, mobile homes, and multi -family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (Chapter VII, Goal V, Objective A, Action 4) Staff believes the proposed plat with larger than typical (and required) lot sizes in the R-4 district will contribute to the variety of housing types and lot sizes available in the community. 9. UNIFIED DEVELOPMENT CODE & Zoning Schedule of Use Control: UDC Table 11-2A-2 lists a variety of uses that are principal Shays Cove Page 6 CITY OF MERIDIAN PLANNING DEPAAkNT STAFF REPORT FOR THE HEARING DATE&ECEMBER 23, 2008 permitted, accessory, conditional, or prohibited within the R-4 zoning district. Single-family residential dwellings, as proposed, are a principal permitted use in the R-4 district. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING: The applicant is requesting approval to annex and zone 5.03 acres of land from the RUT zoning district in Ada County to the R4 zoning district. The Comprehensive Plan future land use map designation for this property is Low Density Residential, which is consistent with the proposed R4 district and proposed gross density of 411.57 dwelling units per acre for the subdivision. This property is within the City's Area of Impact and Urban Service Plapning Area. The annexation legal description submitted with the application (stamped on June 12, 2008 by Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian (see Exhibit Q. Development Agreement: UDC 11 -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff feels that a DA is necessary in this instance to ensure that the property develops in a manner that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Access to Lots 2, 5 6, 7, 8, and 9, and 10 shall only be provided from one public street access to/from E. Victory Road and direct lot access to Lots 3 and 4 shall only be provided from a driveway accesses to Mesa Way, as approved by ACRD. Any other access points to/from the subdivision are prohibited. Direct lot access to Victory Road is prohibited. d. The Applicant shall comply with the tree preservation and mitigation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-mch caliper and greater that are proposed to be removed. e. South Koi Place shall be extended as a stub street to the north property boundary for future extension. The Fire Department requests that a temporary turnaround be Shays Cove Page 7 CITY OF MERIDIAN PLANNING DEPARONT STAFF REPORT FOR THE HEARING DATE &ECEMBER 23, 2008 provided until such time as S. Koi Place is extended to the north. f, Future structures on the site shall substantially comply with the building elevations and construction materials (i.e. stucco, rock accents, tile root) shown in Exhibit A.4. 2. PRELIMINARY PLAT: The applicant is requesting Preliminary Plat approval of g 7 residential building lots and 3 common area lots on 4A5 acres of land in a proposed R-4 zoning district. This property has not been previously platted. The proposed plat is a re. -plat of Lot 1, Block 2, of Kachina Estates Subdivision. Dimensional Requirements of the R4 district, per UDC Table 11-2A-5: TA Minimum pwperty size/dwell' unit (in squawfeet 8,000 Minimum street fron a in feet 60 Rear setback (in feet) 15 Interior side setback & feet 5 Street setback' to front loaded garage in feet): Local 20 Collector 25 Street setback' to linin area and/or side loaded garage in feet): Local 15 Collector 25 Street landscape buffer in feet Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height 35 Minimum living area in squaw feet): Detached 1,140-0- 400Attached Attached 800 Minimum and floor area for multi-sto units (in feet 800 Tort leas ,fx+aanb oaax+e or , .1�a wl OWOU a -,. a�t`� k Staff has reviewed the proposed plat and found the plat complies with the minimum property size and street frontage as required in the R-4 district. Future buildings constructed on the site shall comply with the dimensional standards in effect at the time of issuance of building permits. Existing Structures: There is currently one residential home and associated shop buildings located on proposed Lot 3. All of these structures except for one are proposed to remain and must meet the dimensional standards of the R-4 district listed above. If any of the existing Shays Cove Page 8 CITY OF MERIDIAN PLANNING DAPENf STAFF REPORT FOR THE HEARING DATO DECEMBER 23, 2008 structures do not meet the required setbacks, they must be removed prior to signature on the final plat by the City Engineer or the lot boundaries must be adjusted for the structures to comply with setback requirements. Existing Trees: There are approximately 175 existing trees on this site; one of which is dead; and approximately 11 are proposed to be removed. Mitigation is required in accordance with the standards listed in UDC 11 -3B -10C for all existing healthy trees 4 -inch caliper and larger that are removed from the site. Landscaping: The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A, is approved subject to the following revisions/notes: • Provide a minimum 25 -foot wide buffer along E. Victory Road, a minor arterial street, as depicted on the plan and required by UDC 11-2A-5. Construct and maintain the street buffer in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets; • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; • Depict 6 -foot tall vinyl privacy fencing along the northern boundary of the subdivision. • Comply with the standards in UDC 11 -3B -10C for tree preservation of existing trees on site as follows: ➢ Mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example. two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 -inch caliper trees, or seven (7) 3 -inch caliper trees.) There are several existing trees on the site that are proposed to be removed, the applicant shall be required to comply with this requirement. Contact the City Arborist, Elroy Huff, 898-3579, to set up a mitigation and protection plan. ➢ No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot, (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. ➢ Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Proposed Streets and/or Access: One public street, S. Koi Place, is proposed for access to Lots 2, 5 6, 7, 8, and 9, ead 10 to/from E. Victory Road. Direct lot access is proposed to Lots Shays Cove Page 9 CITY OF MERIDIAN PLANNING DEPAGENT STAFF REPORT FOR TEE HEARING DATIODECEMBER 23, 2008 3 and 4 from S. Mesa Way. The UDC (11 -3A -3A. 1) requires access to be provided from a local street (Mesa Way) when available instead of an arterial street (Victory Road). Typically, Staff would not support the proposed access to Victory. However, because of the location of the existing home and large shop buildings on Lot 3, Staff does not believe it is feasible to require access to be provided to the subdivision from Mesa Way (there isn't enough room for a street on the north side of the shops). Therefore, Staff and ACHD are supportive of the access points proposed. . Because the Comprehensive Plan supports interconnectivity between subdivisions, Staff (Planning, Fire, and Police) is recommending S. Koi Place be extended as a stab street to the north property boundary for future extension. The Fire Department is also requesting that a temporary turnaround be provided until such time as S. Koi Place is extended to the north. Sidewalks: The landscape pian and plat depict a 5 -foot wide detached sidewalk along E. Victory Road and a 5 -foot wide attached sidewalk along S. Mesa Way and S. Koi Place, in compliance with UDC 11 -3A -17C. All sidewalks constructed on the site shall comply with the standards listed in UDC 11-3A-17. Building Elevations: The Applicant submitted several building elevations as examples of what future homes on this site may look like that are included in Exhibit A.4. The building materials consist of stucco with rock accents and tile roofs. Staff is supportive of the elevations proposed as they represent a high quality of design and construction materials. Therefore, Staff is recommending as a provision in the DA that future structures on the site substantially comply with these elevations and construction materials. Fencing: There is existing 65 -foot tall vinyl fencing along the west property boundary that was constructed with Glacier Springs Subdivision. The Applicant is proposing to construct 6 -foot tall vinyl privacy fencing along the northern boundary of the subdivision to match the existing fencing along the western boundary. However, this fencing does not show up on the landscape plan. Permanent or temporary fencing to contain debris during construction must be installed around the perimeter of the subdivision prior to issuance of a building permit for this site. Ditches, Laterals, and Canals: There are no ditches, laterals, or canals that traverse this site. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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. b. Staff Recommendation: ' , Is rmMmending Unt the maw AZ and PP appReadens be cenfinned so the appReant em submit revised phms to Gity Staff recommends apvroval of the subiect AZ and PP applications with a Development Agreement ver the conditions in Exhibit B. based on the Sndines in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September I& October 2, and November 20, 2008. At the public hearing on November 20, 2008 they moved to recommend approval of the subiect AZ and PP rearuest. The Meridian Shays Cove Page 10 CITY OF MERIDIAN PLANNING DEPARO�NT STAFF REPORT FOR THE BEARING DATE *ECEMBER 23, 2008 11. EXMITS A. Drawings 1. Zoning/Vicinity Map 2. Preliminary Plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/27/08, REVISED 10/22/08) 3. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, REVISED 10/23/08) 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Shays Cove Page I I CITY OF MERIDIAN PLANNING DEPA@JIENT STAFF REPORT FOR THE HEARING DA10 DECEMBER 23, 2008 2. Preliminary Plat (labeled as Sheets I & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/27/08, REVISED 10/22/08) + I r;m.=. M -u WR . ...... �9 T-1 I Exhibit A CITY OF MERIDIAN PLANNINO DEPAI41NT STAFF REPORT FOR THS HEARING DATE DECEMBER 23, 2008 3. Landscape Plan (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 7/22/08, REVISED 1A/23/08) ..Wft : W s a.�4 . a 000. VF bewWo uvenw ` nw wacstser carar Exhibit A I R-1 ate. w e;7 _ 9 wai- .a.....w•<.�D� Yi Exhibit A CrfY OF MERIDIAN PLANNING DEO'MEN 17 STAFF REPORT FOR THE MARINO DA OBER 2, 2008 ExhiWt A �f/ Ji `��eYL� � s? v+ � � _ �I i �+ ] ba ni �; i s- � ' � tio-- i � F �f/ Ji `��eYL� � s? v+ � � _ CITY OF MERIDIAN PLANNING DOTMENT STAFF REPORT FOR THE HEARING DATDOCrOBER 2, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (stamped on June 12, 2008 by Fritz Brownell, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian (see Exhibit Q. 1.1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 8884433 within one year of Council approval to initiate this process; a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to couunencement of the DA. The DA shall include, at minimum, the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Access to Lots 2, 5 6, 7, 8, and 9, and 10 shall only be provided from one public street access to/from E. Victory Road and direct lot access to Lots 3 and 4 shall only be provided from a driveway accesses to Mesa Way, as approved by ACHD. Any other access points to/from the subdivision are prohibited. Direct lot access to Victory Road is prohibited. d. The Applicant shall comply with the tree preservation and mitigation standards listed in UDC 11-313-10 for protection of existing trees that are proposed to be retained and existing trees 4 -inch caliper and greater that are proposed to be removed. e. South Koi Place shall be extended as a stub street to the north property boundary for future extension. A temporary turnaround shall be provided until such time as S. Koi Place is extended to the north. f. Future structures on the site shall substantially comply with the building elevations and construction materials (i.e. stucco, rock accents, tile roof) shown in Exhibit A.4; the existing home and outbuildings may remain if the UDC required setbacks are maintained. 1.2 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2.1 The preliminary plat (labeled as Sheets 1 & 2, prepared by Landmark Engineering & Planning, Inc., dated 6/24/08, revised 10/22/081 is aw approved At least 10 days befope the wit headag! the ap,plienat sos...n s.a..., h 10 .. ..s.. of ., eyised plat that s.. . the eend—W—e-Wsass� a below: The Applicant shall also comply with the Development Agreement provisions associated with AZ -08-012 contained herein. 1.2.2 Prior to issuance of any building permits, the subject property shall be subdivided. 1.2.3 The landscape plan submitted for this project, labeled Sheets 1 & 2, prepared by Landmark Exhibit B CITY OF MERIDIAN PLANNING DO MENT STAFF REPORT FOR THE HEARING DATOOCTOBER 2, 2008 Engineering & Planning, Inc., dated 7/22/08, revised 10/23/08, attached in Exhibit A, is approved subject to the following revisions/notes: a. Provide a minimum 25 -foot wide buffer along E. Victory Road, a minor arterial street, as depicted on the plan and required by UDC 11-2A-5. Construct and maintain the street buffer in accordance with the standards listed. in UDC 11-3B-7, Landscape Buffers along Streets; on the pn1iffliaw ph* c. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; d. Depict 6 -foot tall vinyl privacy fencing along the northern boundary of the subdivision. e. Comply with the standards in UDC 11 -3B -10C for tree preservation of existing trees on site as follows: L Mitigation shall be required for all existing trees four -inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10 -inch caliper trees removed may be mitigated with four (4) 5 -inch caliper trees, five (5) 4 - inch caliper trees, or seven (7) 3 -inch caliper trees.) Contact the City Arborist, Elroy Huff, 898-35 79, to set up a mitigation and protection plan. ii. No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. iii. Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above with the final plat application(s). +.b shle" W da norti. prop" beuw1w7 for ...1 ShA be provided . n ffi sueh time as S. KW z m Is 1.2.5 A minimum 25 -foot wide street buffer in a common lot is required along E. Victory Road, as shown on the plat. This buffer shall be maintained by the Homeowner's Association. 1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.2.7 Direct lot access to E. Victory Road is prohibited and shall be noted on the final plat. Two One access points to Mesa Way an is approved with this application; all other direct access points are prohibited and shall be noted on the final plat. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. Fylu'Wt B CITY OF MERIDIAN PLANNING DEi OmENT STAFF REPORT FOR THE HEARING DATE1160BER 2, 2008 1.3.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the Applicant has submitted a preliminary landscape plan and where .Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.3 The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.3.4 Stafi's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Victory 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 mains in E Victory Road Road 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 common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 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. Exhibit B CITY OF MERIDIAN PLANNING DOMIENT STAFF REPORT FOR THE HEARING DATIGOCTOBER 2, 2008 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 9-14 and 94-8 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 9-14 and 94-8. 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 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 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. 2.21 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 M x 10101M.] CITY OF MERIDIAN PLANNING DE141MENT STAFF REPORT FOR THE HEARING DAT4D=OBER 2, 2008 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. MERIDIAN FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41h" 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 placed 18" above finished grade to the center of the 41/2" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. L Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 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 an imposed weight of 75,000 GVW. 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 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. 3.11 Where a portion of the facility or ball -ding 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 E)dnWt B CITY OF MERIDIAN PLANNING DEPO"M STAFF REPORT FOR THE HEARING DATE OCTOBER 2, 2008 measured by an approved route around the exterior of the facffiW or building on-site fire hydrants and mains shall be provided where required by the code official. For buildings eeudnped throughout with an approved automatic sprinkler system installed in accordance with Section 9033.1.1 or 9033.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and gLoM U occupancies. the distance reamirement shall be 600 feet 18( 3 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 9033.1.1 or 9033.1.2. the distance requirement shall be 600 feet (183 m). 3.12 To increase emergency access to the site, the applicant shall provide a stab street (S. Koi Place) to the property to the north. Ptiers to the newt public hearift the appReant shall submit a revised plat to refleet this requiremeaL A temporary turnaround shall be constructed at the terminus of S. Koi Place and remain until such time as S. Koi Place is extended. 3.13 "No Parking" signs shall be installed every 300 feet on the east side of S. Koi Place. 3.14 Lot 2 shall be addressed off of S. Koi Place. 3.15 The temporary tarn around shall be a minimum of 96 feet in diameter. 4. POLICE DEPARTMENT 4A To increase emergency access to the site, the applicant shall provide a stab street (S. Koi Place) to the property to the north. Ffler to -the next pub& hearime the applicant shall 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 Turning Radius: The applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate either 48 -feet of right-of-way from the centerline of Victory Road abutting the parcel, or 38 -feet of right-of-way from the centerline of Victory Road abutting the parcel with a 10 -foot public sidewalk and utility easement. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or 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. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.2 Construct a 5 -foot detached concrete sidewalk no closer than 41 -feet from the centerline of Victory Road abutting the site. 7.1.3 Construct Mesa Way as one-half of a 36 -foot street section with vertical curb, gutter, and 5 -foot concrete sidewalk abutting the site. Exhibit B CITY OF MERIDIAN PLANNING DAkMENT STAFF REPORT FOR THE HEARING DATE OCTOBER 2, 2008 7.1 A Construct Koi Place as a 29 -foot street section rolled curb, gutter, and 5 -foot concrete sidewalk on both sides. Koi Place shall intersect Victory Road approximately 367 -feet west of Mesa Way and 537 -feet east of Glacier Bay Way (measured centerline to centerline). 7.1.5 Stub Koi Place to the north property boundary and install a sisn at its north terminus statins that. "This road will be extended in the future." 7.1.6 Construct a temporary turnaround with a 45 -foot back of curb radius, rolled curb, setter. and 5 -foot sidewalk at the north terminus of Koi Place. Provide a temporary turnaround easement for any portion of the turnaround lying outside of the dedicatedricht-of-way. 7.1.7 Construct all residential driveways no wider than 20 -feet, and paved their full widths at least 30 - feet into the site from the roadway edge. 7.1.8 Other than access specifically approved with this application, direct lot access to Victory Road is prohibited, and shall be noted on the final plat. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 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 ACRD 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. 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 are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that 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. Exhibit B CrrY OF MERIDIAN PLANNING D*TMENT STAFF REPORT FOR THE HEARING DAT' OCTOBER 2, 2008 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 applicants 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. Exiubit B CITY OF MERIDIAN PLANNING D4jMENT STAFF REPORT FOR THE DARING DATE41CTOBER 2, 2008 C. Legal Description & Exhibit Map This parcel is a portion of Lot I and Lot 2 of Block 2 of KACH NA ESTATES on file in book 35, page 36 in the Oil of die Recorder, Ada County, situated in the SWI/4 of the SE 114 of Section 19, Township 3 North, Range 1 East of the Boise Meridian, Ada County Idelw and is mom particularly described as follows; COMMENCING of the Southwest corner of'said SWI/4 of the SEl/4, maid point being a brass cap monunma referenced in C.P.&F. Instnunent No. $023391 on file in the Oiliice of the Recorder, Ada County, thence along the south boundary of paid SW114 of ft SEI/4, A) N.89042'0.50E., 535.81 fit (vfrwrd 535.78 feat) to the sou#lwestt oGtaw oftgid KACH1NA ESTATES, said point being site POINT OF BEGIN1 (;, thence along the wmerly boundary of said KACHINA ESTATES, E) N.12*24'22"W., 33.75 feet to the southwest carter ofsraid Lot]: them along the WfttMy boundary of said Lot 1, 1) N.IV24'22"W.,136.33 feet (of record 136.34 feet) to the westerly angle point of said Lot 1; thence continuing along the wrest boundary ofd Lot 1, 2) N,W19'50E., 360,74 fleet (afrecord 363.40 feet) tea the propoWonal northwest crasser o£said Lot I; flumee along northerly boundary of mid Lot 1, 3) am63°58'02"E., 260.36 foet; theuM 4) S-000 I 7'41"E., 75.50 fid thence 5) N.89P54'2 E , 153.67 fbet to a point can tits boundary comnxm to said Lots 1 and 2; the= °ondnui#, I X08043a5t y�#.c at D ipiisatAE7c.hjblt A, Arc dm L.Trcpa Ff1esiC0843V.SwvWLROAL LDF.SCRIPTMSWXNbit A. Annex rc d=.doc Exhibit C CTTY OF MERIDIAN PLANNING DOTMENT STAFF REPORT FOR THE HEARING DATOOCTOBER 2, 2008 Project_ 008043 Date., done 10, 2008 Pap: 2 of 2 6) N.89°54126"iti„ 152.66 fed to a paint on the east boundary ofsaid Lot 2; them continuing, 7) N.8"426rt., 25.00 fed to a pout on the c=terrm of Mwa Way; them along said cctterline, 8) S-Wlr4l"E., 334.84 feet to a point on the south boundaryorsaid SWI/4 ofthe SEI/4. thence alo%mid south boundary, 9) S.89n42i05"W., 532.93 fit to tlo POINT OF BEGIN lMc 1+ TAINTNO 5.03 acrm nwrecat less. SUBJECT TO all Easements. Rights, Rights-orwny and a1! other Encumbranon of record or iniptie. s't�+ I.:�CQ$i6431 41� tl jis� eb'SI t 6j?t MMExhibit A. Ameca tion desa ec Exhibit C CITY OF MERIDUIN PLANNING DIPMENT STAFF REPORT FOR THE HEARING DATEOCTOBER 2, 2008 UGWD _.... _ k@191 q -m ter i �a BX3MBiTy'tly2�' T. g R VICTOR 091 A P01MO 1 OF Lon t 8t ?, BLOM % RACMA ATPS ' A88 G4P 1 MINGUXATM M TM � L4 qP A 9at/iTEA �SiN' � 77ijr so U9 OF"aCi9£13+f !"A e ` Tt?WNW 3 Iddiflll. Rr1P 1 PAST. BM MBMDIAN ". NWC, MM 10 M RW To %M E . 2m M% WAM IMFAd- �� 1 MB4'28"E N89'54°26"E f �» 453.7- 152.66` yl � 1 1 r r BOUNDARY AREA 5.03 ACRES 6A 25' D 25' lov o To m 17 v o tr v 1� kV4 S. 1/4CW#W23301 491' AOT VICTORY ROAD \'POINT OF COMaNC ENT �aI+rr vF BEOMg PR"cT NO, CM43. SHEET I DF 1 Exhibit C HIDIT 'A2' FOR WFORY AND AMA ANNEXATION DESC°REMON cn,Y OF MERIDIAN PLANNING DEI4MENT STAFF REPORT FOR THE BEARING DATEOCTOBER 2, 2008 D. Required Findings from Unified Development Code 1. Annexation and Zoning Findings: Upon recommendation from the Commission, the Council shall make a fudl investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive Plan; The applicant is proposing to zone all of the subject property to R-4. 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 existing and proposed use of the property for single-family residences is a permitted use in the R-4 district and that the density is consistent with the future land use map designation of low density residential for this property. The property size and street frontages depicted on the preliminary plat are consistent with the dimensional standards listed in the UDC for the R-4 zoning district. Further, hook up to the City sewer and water system is proposed with annexation of the property as required by the UDC. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the Development Agreement provisions are complied with, 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 this site. b. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds that the annexation and zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -malting body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat will :6m is in substantial compliance with the adopted Comprehensive Plan . The City Council generally supports the proposed plat layout, with the changes noted in Exhibit B, as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING D*TMENT sTAFF REPORT FOR THE HEARING DAT*OCTOBER 2, 2008 b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the Proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. 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 own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACRD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic, or historic features on this site. Therefore, The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D 0 • April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. 5-L REQUEST Change Order No. 1 with ACHD for Locust Grove Road Water and Sewer Improvements for $24,812.39 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 properly of the City of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN. ID 83842 CONTRACT CHANGE ORDER • Change Order No 1 Project rage.: 06P� fie: 3/31/2009 Effective Date: 3/3112009 CONTRACTOR: Ada county Hlphway District PROJECT: Loctint Grove -Franklin to Fairview Deacdpdon: 1) Traffic Cant of signs. barricades, drums, market, and flaggers. 2) MlobilU21i n of traffic control equipment and persone8 3) City overt,ead cost to ACHD 4) 5) s) 1) Reason far omme ordw &Weenng personell cannot calculate actin cost for traffic control until the project is complete. Aftw4unerilts'. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: oriow Contract Prune. $348.489.20 ov" contract Corroetion Oats: Orkpnal Conk Completion Net chaMes from previous C.O.'s.: Net Days change form previous C.O.'s. No. Q to Q No. Q to Q Contract Price Prior to axis C.O.: Contract Completion Date before his C.O.: $348.459.20 Contract Ca nglebon pays before this C.0 0 Net increase (decrease) of gds C.O.: Net Days Increase (decrease) of ftss C.O.: $24.812.39 Contract Price wth all Approved C.O.'s. Contract completion Date with all Approved C.O.'s• $373.271.59 Co *wA Cornplabon Days with all Approv, 0 RECOMMENDED: (CONSTRUCTIONMANACER) (Contractor) _ 4(_0D _&/�'�^'� � / 11/t-1- By, 1/t—✓✓Date: , Y� Daft:3-W Lo& . Darts: &I -to C -"t APPROVED: (cm Pu AGeWl COUNCIL APPROVAL By: ifeM Wass / fmov � Dale: k!- '� - Daft: rF APPROVED: (C� � ATTEST: Sig By: Mayor Tammy de By: City Clerk. Jaycee Holm4p. nate: r_ , Date: _ LII _ , t -Alco(` � \v- �.i 0 AGR EEM ENT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS LOCUST GROVE, FRANKLIN ROAD TO FAIRVIEW AVENUE ACHD PROJECT NO. 503021 THIS AGREEMENT made and entered into this � day of-, 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing from Locust Grove Road, Franklin to Fairview, including water and sanitary sewer installations as detailed in Project Number 503021 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICTS recommendation for award of the CONTRACT prior to making such award; Page 1 of 4 d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2000 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; Page 2 of 4 ! 0 e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; Page 3 of 4 0 g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and I. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT ICABy. I c 4,4 By: / Susan Slaughter William J. Sch ' i er Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN OF William G. Berg, Jr. =' Tarbmyii eerd City Cleric �77�_ r 11�yor it��u�`�{:YCx t.�:lA /fl"?,11 T911111" r y Page 4 of 4 0 0 RECEIVED APR 0 2 2009 CITY OF GM% CITY CLERKS OFFICE M e miniff m- o To: Jaycee Holman; Tara Green From: Brent A. Blake, Engineering Technician II bblake@meddianckyy.org Meridian Public Works Department 200 E. Broadway Avenue, Suite 200 Phone: 898-5500 Fax. 898-9551 CC: Thomas Barry, Kyle Radek, Clint Dolsby, Karie Glenn, Scott Steddine Date: 3/31/2009 Re: Proposed Agenda Item for 4/7/2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the 4/7/2009 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for Traffic Control and Overhead costs per the executed cooperative agreement associated with Locust Grove Road (Franklin to Fairview) Sewer and Water Improvements Project in conjunction with ACHD proiect #503021 Recommended Council Action: The Public Works Deparbnent recommends that City Council approves Change Order No. 1 for Traffic Control and Overhead costs per the executed cooperative agreement associated with the Locust Grove Road Water and Sever Improvements Project In conjunction with ACHD Project 9503021 (Construction Administration), for $24,812.39 and authorize the Mayor to sign it Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 i CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No 1 Project Number: 0619b Date: 3131/2009 Effective Date: 3/31/2009 CONTRACTOR: Ada County Highway District PROJECT: Locust Grove -Franklin to Fairview Description: 1) Traffic Control signs, barricades, drums, markers, and flaggers. 2) Mobilization of traffic control equipment and personell 3) City overhead cost to ACHD 4) 5) 6) 7) Reason for Change Order: Engineering personell cannot calculate actual cost for traffic control until the project is complete. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $348,459.20 Original Contract Completion Date: Original Contract Completion Days: Net changes from previous C.O. s.: Net Days change form previous C.O.'s: No. 2 to 2 No. 0 to Q Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $348,459.20 Contract Completion Days before this C.0 0 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $24,812.39 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $373,271.59 Contract Completion Days with an Approvr 0 RECOMMENDED: (CONSTRUCTION MANAGER) Accepted (Contractor) By: By: Date: Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By. Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By. Mayor Tammy de Weerd By: City Clerk, Jaycee Holman. Date: Date: • 0 A G R EE M E NT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LINE IMPROVEMENTS LOCUST GROVE, FRANKLIN ROAD TO FAIRVIEW AVENUE ACHD PROJECT NO. 503021 THIS AGREEMENT made and entered into this 11� day of , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing from Locust Grove Road, Franklin to Fairview, including water and sanitary sewer Installations as detailed in Project Number 503021 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICTS recommendation for award of the CONTRACT prior to making such award; Page 1 of 4 0 o d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2000 Edition of the Idaho Standards for Public Works Construction (iSPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; Page 2 of 4 0 0 e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; Page 3 of 4 g. Should either party to this Agreement against the other to enforce the terms prevailing party shall be entitled to incurred in said action; • be required to commence legal action and conditions of this Agreement, the reasonable attorney's fees and costs h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and This Agreement shall be binding upon and Inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By:S�C. i% By:i Susan Slaughter William J. S ' i er Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN OF ik a B) • /a/ '004S William G. Berg, Jr.S It'-� Ta my� eerd City Clerk x tAyor is • Page 4 of 4 0 0 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT REQUEST Improver ITEM NO. S -M Inge Order No. 2 with ACHD for Overland Road Water and Sewer for $17,959.65 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See affached OTHER: Contacted: Date: Phone: Ematted: Staff Initials: Moferkds presented of pubNc meetings shag become properly of the City of Moflck n. i CITY OF MERLIN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No 1 Project Nunttter: 0619b Date: 3/31/2009 Etfecsive Dere: 3131=09 CONTRACTOR: Ada County Highway District PROJECT: Overland Road water and Sower - Topaz to Cloverdale Description: 1) Traft Control signs, barricades, drum. markers, and 8agges 2) AAO On of traffic control equipment and personell 3) City overhead oost to ACHO 4) 5) 6) 7) Raason for a a ge Order: Atteclunenta: CHANGE N CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $298,397,90 Orel Contract Cmvlelon Date: OVinal Contract Da Net des from previwn C.O.'s.: Net Days change farm previars C.O-'S: No. Q to 4 No. $ to ¢ $1.946.00 Contrail Price Prior to this C.O.: Contract Compiebon Date before this C.O.: $300,343.90 Cavracc Cam before this C.0 0 Net increase (decrease) Of this C.O.: Na Days ince (decrease) of this C.O.: $17.959.65 Ca*act Price vdfh all Approved C.O.-S. Cor act Completion Date with all Approved C.O.'s: $318,303.58 Contract Comlmm Oars with an Approve 0 RECOF#2&NDED: (CONSTRUCTION MANAGER) accepted (Contractor) - .A cel 0 Date: 3- 3(- ZOV9 Daw. yt - t v 01 APPROVED: (Cm APPRovAt. <<�``& MEf&6 '�. By. KeM Wass ��/COUNCIL ate: y_ 7 _ Date: APPROVED: ATTEST: ` SEAL ` pG W. mayor Tammy dew 1� By: City Clark, Jaycee Homan• -- Date: L ` _-I - V I I 1 . ''rlhrNllt Ut��y�,! A G R EE M E NT FOP. ROADWAY CONSTRUCTION / SEWER & WATER UNE IMPROVEMENTS OVERLAND ROAD, TOPAZ AVENUE TO CLOVERDALE ROAD ACHD PROJECT NO. 504002 THIS AGREEMENT made and entered Into this�'day of 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter caped DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through Its Mayor and City Council hereinafter called MERIDIAN as second party, both partles being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing from Overland Road, Topaz Avenue to Cloverdale Road, including water and sanitary sewer installations as detailed in Protect Number 504002 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for Installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT recebes assurances that the DISTRICT will be fully reimbursed for all costs and expenses it Incurs as a result of additional work attributed to the Installation of the water lines and the sanitary sewer pipelines whin the Project boundaries, Including but not limited to, coats for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the partes hereto agree as follows: 1. DISTRICT SHALL: Be the party responsible for soliciting, receiving. and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water Me installation work referenced herein; Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line Installation work referenced herein; Page 1 or 4 0 0 c. Furnish MERIDIAN with an abstract of aq bids received, and obtain MERIDIAN'S concurrence with DISTRICTS recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in confom mce with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an Invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor, f. Provide for the reference and replacement of all pre-wdsting survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway sec ton; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grad roadway. Centerline or ofcefs ai MERIDIAN staking sanitary sawyer, Imes. 2. MERIDIAN SHALL: a control necessary for construction of the d stationing shall be established prior to water lines, manhole locations, and service Be the party responsible to provide the Inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities Installed under tate CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary surer and water fadities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed In contbmnance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty fire (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 6 i d. Remit to DISTRICT within thirty-five (35) calendar days after the date of Invoice therefore, all funds for which MERIDIAN Is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costa incurred by the DISTRICT, Including overhead and benefits, project administration, compaction testing, and sops work required solely for the construction of the sanitary sewer and water facilities; mobilization, trafftc control, flagging, detours, and weekly meetings shell be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; t Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries Identified in the Contract, and be gable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all Items from the Contract that are associated with the Installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shag be based on the actual quantities of work acceptably performed, and/or, Installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump stun prices established In the Contract; b. MERIDIAN'S approval will be required for any change order work Involving the sanitary sewer or water fine installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, Inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or mistmderstanding: d. This instrument contains the entre agreement between the parties with respect to the subject matter hereof. e. This Agreement may not be enlarged, modified, amended or altered except In writing signed by both of the parties hereto: Page 3 of 4 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the tonus of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement the prevailing party shall be entitled to reasonable attorney's fees and costs Incurred in said action; h. Any action at law, suit in equity, arbitration or Judlclal proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and I. This Agreement shall be binding upon and Inure to the benefit of the personal representatives, heirs and assigns of the rive parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT % t $Y e�tw a a..� BY• �. Susan SlaWhter J. SaFpde Senior AdrrdnL*ative Assistant Director ATTEST: CITY OF MERI s` Ao- �..) piam G. Berg, Jr.11 T 'de eerd City Clark -APIAilayor � q ��Qv � • �dr,.viuG�y (+i% C'slti•r� Z—T. v6 •,��rrrrrryt ,, �� Paps 4 Of 4 0 0 RECEIVED APR 0 2 2009 CITY OFC uQ,. CITY CLERKS OFFICE e re- To: Jaycee Holman; Tara Green From: Brent A. Blake, Engineering Technician II bblake@meddianc74.org Meridian Public Works Department 200 E. Broadway Avenue, Suite 200 Phone: 898-5500 Fax 898-9551 CC: Thomas Barry, Kyle Radek, Clint Dolsby, Karie Glenn, Scott Steckline Date: 3/31/2009 Ret: Proposed Agenda Item for 47/2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the 47/2009 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 2 for Traffic Control and Overhead costs per the executed cooperative agreement associated with Overland Road (Topaz to Cloverdale) Sewer and Water Improvements Project in conjunction with ACHD Proiect #504002. Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for Traffic Control and Overhead costs per the executed cooperative agreement associated with the Overland Road Water and Sewer Improvements Project in conjunction with ACHD Project #504002 (Construction Administration), for $17,959.65 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 0 C+3.1111_Z�I�iiL�I L�JI_1.` 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER C� Change Order No 1 Project Number. 0619b Date: 3/31/2009 Effective Date: 3/31/2009 CONTRACTOR: Ada County Highway District PROJECT: Overland Road Water and Sewer - Topaz to Cloverdale Description: 1) Traffic Control signs, barricades, drums, markers, and flaggers. 2) Mobilization of traffic control equipment and personell 3) City overhead cost to ACHD 4) 5) 6) 7) Reason for Change Order: Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $298,397.90 Original Contract Completion Date: Original Contract Completion Days: Net changes from previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. Q to 0 $1,946.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $300,343.90 Contract completion Days before this C.O 0 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $17,959.65 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $318,303.55 Contract completion Days with all Approve 0 RECOMMENDED: (CONSTRUCTION MANAGER) Accepted (Contractor) By: By: Date: Date: APPROVED: (CITY PURCHASING AGeM COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By, Mayor Tammy de Weerd By: City Clerk, Jaycee Holman. Date: Date: • 11 A G R EE M E NT FOR: ROADWAY CONSTRUCTION / SEWER & WATER LiNE IMPROVEMENTS OVERLAND ROAD, TOPAZ AVENUE TO CLOVERDALE ROAD ACHD PROJECT NO. 504002 THIS AGREEMENT made and entered into this day of , 2006, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of reconstructing from Overland Road, Topaz Avenue to Cloverdale Road, including water and sanitary sewer installations as detailed in Project Number 504002 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for installation of the water line and the sanitary sewer pipeline as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the water lines and the sanitary sewer pipelines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and sanitary sewer and water line installation work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the sanitary sewer and water line installation work referenced herein; Page 1 of 4 • 0 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the sanitary sewer and water line facilities from 1 -foot above the pipe zone to sub -grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per five hundred (500) lineal feet per foot of trench depth; provide all re -testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking sanitary sewer, water lines, manhole locations, and service lines. 2. MERIDIAN SHALL. a. Be the party responsible to provide the inspection, field survey and grade control required for the installation of all sanitary sewer and water facilities Installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the sanitary sewer and water facilities to be included in the bid documents for the CONTRACT (all work required for the sanitary sewer and water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page 2 of 5 0 • d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the construction of the sanitary sewer and water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN 'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer and water lines within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the installation of sanitary sewer and water lines or to the removal of any or all items from the Contract that are associated with the installation of sanitary sewer and water pipelines. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the sanitary sewer and water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the sanitary sewer or water line installations; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, Inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; Page 3 of 4 0 f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred In said action; h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and I. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Susan Slaughter William J. Schweitzer Senior Administrative Assistant Director ATTEST: CITY OF MERIDIAN By: William G. Berg, Jr. T mmy de' eerd City Clerk _ ,� :� r ;Mayor r; X 3.,;6• . '� 41,1 C'0� 4gj�et�e 2-7-0ol V6 Page 4 of 4 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -N REQUEST Change Order No. 1 with Pipe, Inc. for FY09 Sewer Manhole Retrofits for $32,250.00 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: Contacted: Emailed: See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN Change Order No.: I 33 EAST IDAHO Project Number: 0788 MERIDIAN, ID 83642 Date: 3120/2009 Effective Date: 3/2012009 CONTRACTOR: Pipe Inc. PROJECT: FY 09 Sewer Manhol Retrofits The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desclptlon: 1) Addifion of barrel sections for 5 manholes 2) Rebuilding of interior structure of 4 manholes 3) 4) 5) Reason for Change Order: Nine manholes were found to have excessive damange and require work beyond the scope of the contract to repair Attachments: Request for change order and contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $50,1335.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 2 No. 2 to 9 $0.00 Contract Prim Prior to this C.O.: Contract Completion Date before this C.O.: $50,935.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $32,250.00 Contract Price with all Approved C.O.'s: ContractComple' Date with all Approved C.O.'s: $83,185.00 2 N RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED AtO TOR) By. By: Data: APPROVED: (CITY PVURCG AGE Nwr/ COUNCIL APPR6vg-'.-A I -P By: Keith Watts Date: Date: APPROVED: ATTEST: By: Mayor Tammy dal,14rd By: City Clerk Jaffe Date: Date: Page 1 of 1 Gail Hammond From: Gail Hammond Sent: Friday, March 20, 200911:05 AM To: Roxanne Holland Cc: Richard Dees; Tommy Lee; Gail Hammond Subject: Sewer Manhole Retrofit Change Order request Attachments: Piprchange order.doc Pipe Inc. has completed the majority of the manhole retrofits and has identified manholes within the project that will require repair above the scope of the contract. I would like to proceed with a change order for these repairs. Information regarding the change order is attached. l will also send you copies of Pipe's price quote by inter office mail. Let me know if you could put this change order together for us. Thanks Change Order Request Sewer Manhole Retrofits Pipe Inc. Additional manhole repair is required for nine (9) manholes. The repair is extensive and beyond the scope of the current contract. The repairs include the addition of two to three foot barrel sections for five (5) manholes and the rebuilding of the interior structure of an additional four (4) manholes. Pipe Inc has submitted a price quote for extensive manhole work at $1,450.00 per manhole and for the rebuild of additional manholes at $6, 250.00 per manhole. Total cost of the change order would be $32,250.00. Note that one additional manhole @ $1,450.00 was added to the attached price quote. February 17, 2009 City of Meridian Attn: Gale I:lammond 33 E. Broadway Ave Meridian, Idaho 83642 455 S. MOP Road Namaa, ID 83887 RE: Manhole Rehabilitation Project Phone (208) 488-2303 Paz (208) 466-3859 Subject: Change Order #1 -Extensive Manhole Repair Dear Gale. There are four manholes to date where PIPE has encountered extensive repair that was not included in the scope ofthis contract. These four manholes are going to need additional two foot barrel sections and in one case possibly a three foot section. Our scope only figures to one foot as this can be completed with grade rings. As per your request I have prig out the additional barrel sections for these four manholes. If accepted PIPE Inc will bring the said manholes to grade with .appropriate barrel sections. In addition PIPE Inc was asked to price out the repair needed on an additional four manholes located Dear Pine and Locust Grove in Meridian. Upon inspection of the manholes we found significant H2S corrosion. If accepted PIPE Inc will rebuild the interior of each structure by W with rehabilitation grout. PIPE will then apply Spraywall at 125 mils as atop coat to stop any fixture corrosion from happening. Below is a summary of the proposed cost changes. ADD Extensive Manhole Work 4 EA @n $1,450,00 $ 5,800.00 Rebuild Additional Manhole 4 EA @ $6-25-0.10-0 ----AZ-000.00 Grand Total $30,800.00 If after review of these changes, you have any questions at all, please do not hesitate to call for ,clarification. Sin ;hnson , att Estim stor/Projeet Manager 573-1230 Acceptance of Change Order - The above prices, specifications and conditions are satisfactory and are hereby accepted. Pipe Inc. is authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature Date Page ) of 1 It IL K K B% K K K m E 20 k § 000 \ / / / / f / / / 12 :5 - 3 0000000000000000 I CIO, I 0 RECEIVEJ) APR 0 21009 CITY OFG%f IDruer CITY CLERKS OFFICE To: Jaycee Holman; Tara Green From: Roxanne Holland, E.I.T., Staff Engineer CC: Gail Hammond, Wastewater Plant Co -Manager Date: March 27, 2009 Re: Proposed Agenda Item for April 7, 2009 City Council Meeting The Public Works Department respectfully requests the following Item be placed on the April 7 City Council agenda, under Consent Agenda, for Council's consideration: Change Order No. 1 for FY 09 Sewer Manhole Retrofits. Manholes were Identified that have excessive damage and require additional repair beyond the scope of work in the contract with Pipe, Inc. as part of the FY 09 Sewer Manhole Retrofits project This change order consists of the following work and amounts to 38.81% of the original contract: • Addition of barrel sections for 5 manholes • Rebuilding of interior structure of 4 manholes Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the FY 09 Manhole Retrofits project with Pipe, Inc. for $32,250.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER E Change Order No.: 1 Project Number: 0788 Date: 3/20/2009 Effective Date: 3/2012009 CONTRACTOR: Pipe Inc. PROJECT: FY 09 Sewer Manhol Retrofits The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Addition of barrel sections for 5 manholes 2) Rebuilding of Interior structure of 4 manholes 3) 4) 5) Reason for Change Order: Nine manholes were found to have excessive damange and require work beyond the scope of the contract to repair Attachments: Request for change order and contractor quote CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $50,935.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O 's: No. 0 to 0 No. 0 to 0 $0.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $50,935.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $32,250.00 Contract Price with all Approved C.O.'s: Contract Completion Data with all Approved C.O.'s: $83,185.00 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) BY. -' Y P" By: Date: 31.2t2119 'f Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith watts Date: Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de weerd By: City Clerk, Jaycee Holman Date: Date: 0 Gail Hammond • Page 1 of 1 From: Gail Hammond Sent: Friday, March 20, 200911:05 AM To: Roxanne Holland Cc: Richard Dees; Tommy Lee; Gail Hammond Subject: Sewer Manhole Retrofit Change Order request Attachments: Piprchange order.doc Pipe Inc. has completed the majority of the manhole retrofits and has identified manholes within the project that will require repair above the scope of the contract. I would like to proceed with a change order for these repairs. Information regarding the change order is attached. I will also send you copies of Pipe's price quote by inter office mail. Let me know if you could put this change order together for us. Thanks 3/20/2009 0 Change Order Request Sewer Manhole Retrofits Pipe Inc. Additional manhole repair is required for nine (9) manholes. The repair is extensive and beyond the scope of the current contract. The repairs include the addition of two to three foot barrel sections for five (5) manholes and the rebuilding of the interior structure of an additional four (4) manholes. Pipe Inc has submitted a price quote for extensive manhole work at $1,450.00 per manhole and for the rebuild of additional manholes at $6, 250.00 per manhole. Total cost of the change order would be $32,250.00. Note that one additional manhole @ $1,450.00 was added to the attached price quote. uu 1-w to i uc. �o waoaavo rtrn INN, I MUr:D JN& 1 Hl�t F71/ 171 February 17, 2009 -City Of Meridian Atm: Gale Hammond 33 E. Broadway Ave Meridian, Idaho 83&42 455 S. K€nge Road Name, ID 93887 RE: Manhole Rehabilitation Project Phone (208) 466-2503 Fox (208) 468,3698 Subject: Change Order #1 -Extensive Manhole Repair Dear Gale: 'Where are four manholes to date where PIPE has encountered extensive repair that was not included in the scope ofthis contract. These fog manholes are going to need additional two foot barrel sections and in one case possibly a three foot section. Our scope only figures to one foot as this oan be completed with grade rings. As per your request I have priced out the additional barrel sections for these four manholes. if accepted PIPE Inc will bring the said manholes to grade with :appropriate barrel sections. In addition PIPE Inc was asked to price out the repair needed on an additional Four manholes located near Pine and Locust Grove in Meridian. Upon inspection of the manholes we found -significant H2S corrosion. If accepted PIPE Inc will rebuild the interior of each structure by %" with rehabilitation grout. PIPE will then apply Spraywall at 125 mils as atop coat to stop any future corrosion from happening. Below is a summary of the proposed cost changes. ADD Extensive Manhole Work 4 E,A. @ $1,450.00 $ 5,800.00 Rebuild Additional Manhole 4 EA @ S6,25-1100---- . _.$25,000.00 Grand Total $30,800.00 If after review of these changes, you have any questions at all, please do not hesitate to call for clarification. -Sin ly, Pan.hnson Estimator/Project Manager 573-1230 Acceptanco of Change Order - The above prices, specifications and conditions are satisfactory and am hereby accepted. Pipe Inc, is authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature Date Page 1 of l �I o Q' IL CL 0 (9 0 (9 � a o O a a -.2 o a o c -0 QC I 0 - Al A z 0 - Al A 0 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -O REQUEST Agreement with ITD for Roadway Construction / Sewer and Water Line Improvements for ITD Project Na A009 (815),1-84 Ten Mile Interchange for $32, AGENCY 1.60 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 properly of the City of Meridian. COOPERATIVE AGREEMENT PROJECT NO. A009(815) 184, TEN MILE IC ADA COUNTY KEY NO. 09815 S aGREEMENT is made and entered into this J , day of y , by and between the IDAHO TRANSPORTATION DEPARIMENT, hereafter called Mle STATE, and the CITY OF MERIDIAN, hereafter called the CITY. PURPOSE The purpose of this Agreement is to set out the terms and conditions for installation of City water and sewer lines during construction of this project. Authority for this Agreement is established by Section 40-713, Idaho Code. The parties agree as follows: 1. At its own expense, the City will provide for the design of water and sewer lines and furnish all plans, specifications, special provisions and cost estimates to the State to be incorporated in the State project documents. Such documents shall be in the State's format. 2. Prior to advertisement of the project, the City will pay to the State the sum of Three Hundred Twenty -Four Thousand One Dollar and Sixty Cents ($324,001.60), which is the estimated amount for construction of the City's water and sewer line as shown on the attached Exhibit A. 3. The State will advertise for construction of the project, open bids, and prepare a contract estimate of cost based on the successful low bid if it is not over ten (10) percent above the estimate for cost of construction. 4. The State will notify the City should the bids on the water and sewer line project come in above ten percent (10%) of the estimate for cost of construction. 1 Cooperative Agreement Ten Made IC RD R4swr o - ........ Key No. 09815 i 5. The State will designate a resident engineer and other personnel, as the State deems necessary, to supervise and inspect construction of the project in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. This engineer, or his authorized representatives, will prepare all monthly and final contract estimates and change orders, and submit all change orders to the City for their concurrence. If the City's share of any change order exceeds $1,000.00, the State vv�Il su"�rmi a spa%mend%ilemincicaiingieµamoun%wetCy'ihiei I be responsible for the construction inspection of the water and sewer lines. 6. Checks for funds owed by the City shall be made payable to the "Idaho Transportation Department", and mailed to the District Three Office at PO Box 8028, Boise, ID 83707- 2028. 7. Upon completion of the project and after all costs have been accumulated, the State will provide a statement to the City summarizing the actual costs for construction of the City's water and sewer line project, indicating an adjustment for or against the City. Any additional funds required from the City shall be paid to the State. Any excess funds paid by the City pursuant to this Agreement will be returned to the City. 8. Each party will indemnify, save harmless and defend regardless of outcome the other party from expenses of and against suits, actions, claims, or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any negligence of the indemnifying party in the construction and maintenance of the project. 9. This Agreement shall become effective on the first date mentioned above and shall remain m full force and effect until amended or replaced upon the mutual consent of the State and the City. Cooperative Agreement Tera Mile IC Key No. 09815 EXECUTION This Agreement is executed for the STATE by its Assistant Chief Engineer, and executed for the CITY by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF MERIDIAN. APPROVED AS TO FORM: L ,sem eputy Attorney General ATTEST: hm:9815 Meridian Coop.dom -- - it f 1 1' APPROVED BY: Assistant Chief Engineer (Development) RECOMMENDED BY: District Engineer Mayor Cooperative Agreement Ten Mlle IC Ivey Na 09815 RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MERIDIAN, hereafter called the CITY, for construction of the City's water and sewer line on this project; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, BE IT RESOLVED: 1. That the Agreement for State Highway Project A009(815) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called special (X -out non -applicable term) meeting of the City Council, City of Meridian, held on (Seal) ,�4 •- � `°�� Ci Clerk rFa SEAL €, 9815 0 Item Number Qua units Unit Price 1605 S601 -17A MSE RETAINING - TWO STAGE IA Group 0008: BRIDGE DRAWIIUQMO. 16080 1705 S501 -17A MSE RETAININZiE#D - TWO STAGE WIRE 1715 §K1 -60A 1,688.300 TEXWURED CONC SURF Group 0009: CITY 4F MERIDIAN 10 a so.0 1045 605-220A 28.000 �FT 10" SANITARY SEWER PIPE 1055 S600 -15A ADJUST VALVE BOX WATER LINE 12" 00 nano i ranspommon uepartment Total for Group 0007:$184,831.50 Total for Group 0008:$1,927,907: [Ell SP ADJUST EXISTING WATER MAIN AT NEW CROSSING 2 i100r `FRCM $1;300 $200-00 8:51.37AM Thursday, March 12, 2009 �!+ � Page 13 of 14 Estimate: 9815 Line # Item NuMber Descrip on S_aW mental Descrlotlon SP 2" BLOW -OFF ASSEMBLY PER SD -W19 Qua Units Unit Price ,690.00 iaano i ransportanon uepartment Extension SFS 12" CLASS A REUSE VALVE SP ADJUST BLOW -OFF TO GRADE sr 6" GATE VALVE sr 18" CASING PIPE 5r DEWATERING 5r TYPE P SURFACE RESTORATION - TEMPORARY Total for Group 0009: 8:51:37AM Thursday, March 12, 2009 11 .1 Page 14 of 14 i 0 RECEIVED APR 0 2 2009 CITY OFC IDs.. CITY CLERKS OFFICE M§*.M� . -- To: Jaycee Holman; Tara Green From: Brent Blake, Engineering Technician it bblake@meddiancky.org Meridian Public Works Department 33 E. Broadway, Suite 200 Meridian, ID 83642 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, Thomas Barry, Scott Steckline, Kyle Radek, Karie Glenn Date: 3/26/2009 Re: Proposed Agenda Item for April 7, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 7, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with ITD for roadway construction / sewer and water line improvements for ITD Proiect no. A009 (815).1-84 Ten Mile Interchange. The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approve the Agreement for Roadway Construction / Sewer & Water Line Improvements for ITD Project No. A009(815), Ten Mile Interchange Project for the amount of $324,001.60 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 0 It PROJECT + II` 184, TEN MILE IC ADA 1, KEY 1 09815 THIS AGREEMENT is made and entered into this day of , by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the STATE, and the CITY OF MERIDIAN, hereafter called the CITY. PURPOSE The purpose of this Agreement is to set out the terms and conditions for installation of City water and sewer lines during construction of this project. Authority for this Agreement is established by Section 40-713, Idaho Code. The parties agree as follows: At its own expense, the City will provide for the design of water and sewer lines and furnish all plans, specifications, special provisions and cost estimates to the State to be incorporated in the State project documents. Such documents shall be in the State's format. 2. Prior to advertisement of the project, the City will pay to the State the sum of Three Hundred Twenty -Four Thousand One Dollar and Sixty Cents ($324,001.60), which is the estimated amount for construction of the City's water and sewer line as shown on the attached Exhibit A. 3. The State will advertise for construction of the project, open bids, and prepare a contract estimate of cost based on the successful low bid if it is not over ten (10) percent above the estimate for cost of construction. 4. The State will notify the City should the bids on the water and sewer line project come in above ten percent (10%) of the estimate for cost of construction. Cooperative agreement Ten Mlle IC.. Key N0,09815 0 0 5. The State will designate a resident engineer and other personnel, as the State deems necessary, to supervise and inspect construction of the project in accordance with the plans, specifications and estimates in the manner required by applicable state and federal regulations. This engineer, or his authorized representatives, will prepare all monthly and final contract estimates and change orders, and submit all change orders to the City for their concurrence. If the City's share of any change order exceeds $1,000.00, the State will submit a statement to the City indicating the amount owed by the City. The City will be responsible for the construction inspection of the water and sewer lines. 6. Checks for funds owed by the City shall be made payable to the "Idaho Transportation Department", and mailed to the District Three Office at PO Box 8028, Boise, ID 83707- 2028. 7. Upon completion of the project and after all costs have been accumulated, the State will provide a statement to the City summarizing the actual costs for construction of the City's water and sewer line project, indicating an adjustment for or against the City. Any additional funds required from the City shall be paid to the State. Any excess funds paid by the City pursuant to this Agreement will be returned to the City. 8. Each party will indemnify, save harmless and defend regardless of outcome the other party from expenses of and against suits, actions, claims, or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any negligence of the indemnifying party in the construction and maintenance of the project. 9. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effect until amended or replaced upon the mutual consent of the State and the City. Cooperative Agreement Ten Mile IC Key No.098 t3 0 14.4 X41 11 V 0 This Agreement is executed for the STATE by its Assistant Chief Engineer, and executed for the CITY by the Mayor, attested to by the City Clerk, with the imprinted corporate seal of the CITY OF MERIDIAN. APPROVED AS TO FORM: eputy Attorney General City Clerk (SEAL) By regular/special meeting on hM:9815 Meridian Coop.docx Assistant Chief Engineer (Development) 1 .1 1 XV -11 5 1 Xi I District Engineer Mayor Cooperative Agreement Ten Mile IC Key;Vo.09815 0 0 RUSOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MERIDIAN, hereafter called the CITY, for construction of the City's water and sewer line on this project; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal -aid Highway System when there is federal participation in the costs; and WHEREAS, certain functions to be performed by the STATE involve the expenditure of funds as set forth in the Agreement; and WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and NOW, THEREFORE, DE IT RESOLVED: 1. That the Agreement for State Highway Project A004(8IS) is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3. That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department. CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular. duly called special (X -out non -applicable term) meeting of the City Council, City of Meridian, held on (Seal) City Clerk 0 U81 AuentRy Units Unit Price COMB PED/BI LE & TRAF RAILING 1605 S601 -17A 1,312.700 SF $80.00 MSE RETAINING WA - TWO STAGE WELDED E 1610 S501 -25G SP BRIDGE UTILITYAPPURTENANCES - BR 1615 S501 -30F SP BRIDGE MOMENT SLAB - BRIDGE 16079 1620 S501 -80A TEXTURED CONC SURF 1625 S501 -90B TEMP SHORING - BRIDGE 16079 Group 0008: BRIDGE DRAWL 1700 504.040A COMB PEDISICYCLE & TRA .L 1705 5501-17A MSE RETAINING WA - TWO STAGE ED WIRE 1710 5501-30G SP BRIDGE MOMENT - BRIDGE 16080 1715 ..60A- TESZRiD CONC SURF 0 nano i ransportauon uepartmenc $105.016.00 1.000 LS $10,000.00 $10,000.00 18079 70.000 FT $275.00 $19,250.00 145. SY $45. $6,565.50 1.000 L 30.000.00 $30,000.00 Total for Group 0007:$184,831.50 r NO. 16080 1,157.000 Fr $2.40.00 $231,400.00 15,194.800 SF $80.00 $1,215,584.00 1.157.000 .FT $350.00 $404,950.00 Group 0009: CITY OF MERIDIAN 1.688.300 SY $45.00 Total for Group 0008:$1,927, 1040 805 216.0 ' 490,000 Fr $32.60 8" SANITARY SEWER PIPE 1045 605-220A 28.000 FT $45.50 10" SANITARY SEWER PI PE 1050 605-455A 5.000' EACH' $3,250,001 MANHOLE TY A 1055 5600-15A 10.000 EACH $260.00 ADJUST VALVE BOX 1057 S600 -20A 1.000: EACH $2,600,00 FIRE HYDRANT ASSEMBLY 1060 S600 -45A 1,250.000 FT $49.40 WATER LINE 12" 1062 S600 -45B 26.000 FT $52.00 WATER LINE 6" 1065 S605 -05A 4.000 EACH $650.00 ADJUST MANHOLE 1070 S901 -05F 5.000 EACH $2,500.00 SP 12" GATE VALVE 1075 S901 -06G 1.000 EACH $3.900.00 SP ADJUST EXISTING WATER MAIN AT NEW CROSSING 1080 S901 -WH 2.000 EACH $1,300.00 8 51.37AM .50 $15,925.00 $1,274.00 $16,2%00- $2,600.00 18,250.00$2,600.00 $2,600.00 $61,750.00 $1,352.00 $2,600.00 $13,000.00 $3,900.00 $2,600.00 Thursday, March 12, 2009 i Page 13 of 14 rw�t h61 A Estimate: 9815 wano i ransportation uepartment L1ne # Item Number tluentity Units Untt Price Extension Description Supplemental Descrladon SP UPGRADE N0*PO1rABLE PIPE TO WATER CLASS PIPE 1085 S901-051 4.000 EACH $1,690.00 $6,760.00 SP 2" BLOW -OFF ASSEMBLY PER SO -W19 1090 S901-061 1.000 EACH $1,880.00 $1,690.00 SP 2" BLOW -OFF ASSEMBLY PER SD -W20 1100 S901 -05L 1.000 EACH $650.00 $650.00 SP RELOCATE EXISTING BLOW -OFF 1105 S9014w 2.000 EACH $780.00. $11560.00 SP EXTEND EXISTING SEWER STUB 1110 8901-05u 6.000 EACH $2,600.00 $15,600.00 SP 12" CLASS A REUSE VALVE 2000 5901-05V 1.000 EACH $1,580.00 $1,560.00 SP SAMPLING STRUCTURE 2005 S901 -05W 5.000 EACH $390.00 51,950.00 SP ADJUST BLOW -OFF TO GRADE 2010 SWI -05X 4.000 EACH , $390.00 $1,580.00 SP ADJUST CLEANOUT TO GRAD 2015 S901 -06D 1.000 EACH $1,820.00 $1,820.00 SP 6" GATE VALVE 2020 S911 -05P.' 134.000 FT $62.04 $6,968.00 SP 8" WATER CLASS SEWER MAIN 2025 S911 -05Q 131.000 FT $119.60 $15,667.60 SP 18" CASING PIPE 2030 S911 -05R 181.000 FT $106.60 $19,294.60 SP 24" CASING PIPE 2035 5911-0SS 652.000 ET $6.50 $4,238.00 SP DEWATERING 2040 S011 -05T 2,121.000 FT $49.40 $104,777.40 SP 12" CLASS A REUSE MAIN. 2045 S912 -05A 565.000 SY $26.00 $14,690.00 SP TYPE P SURFACE RESTORATION - TEMPORARY 2050 S912-OSD 30.000 SY $46.50 $1,365.00 SP TYPE P SURFACE RESTORATION - PERMANENT' Total for Group 0009:$324,001.60 8:51:37AM Thursday, March 12, 2009 Page 14 of 14 April 3, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT 0 April 7,2W9 ITEM NO. S -P REQUEST Task Order No. 10005 with Civil Survey Consultants, Inc. for Meridian Road and Main Street Split Corridor Phase 2 for $74,450.00 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: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. TASK ORDER NO. 10005 CITY OF MERIDIAN (OWNER) 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 2 UTILITY IMPROVEMENTS 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 10005 — Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design of new potable water, sanitary sewer, and class A reuse improvements to be constructed in conjunction with Ada County Highway District Project No. 506047 RD205-07. The engineer proposes to provide the following under this scope of services: A. Water System Improvements: 1. Adjust approximately sixty-three existing valve boxes to grade. 2. Relocate approximately fifty-five water meters. 3. Relocate approximately fourteen fire hydrants. 4. Adjust water mains and water services where conflicts exist with new non - potable water pipes. 5. Design approximately 500 LF of 8° main in Ada Street to replace the existing 4" main. 6. Design 8° stubs extended to the project paving limits on King Street, Carlton Avenue, Washington Street, and Elm Avenue. 7. Lower approximately 1500 LF of existing main to provide a minimum of 4' of cover below the new finished roadway. B. Sewer System Improvements: 1. Design approximately 180 LF of 12" sewer main in Meridian Road at Ada Street to replace the existing 8" sewer main. 2. Design approximately 900 LF of 15" sewer main in Meridian Road between Ada Street and Broadway Avenue to replace the existing 8" sewer main. 3. Design approximately 500 LF of 10" sewer main in Ada Street between Meridian Road and Main Street. 4. Design approximately 1700 LF of 8" sewer main in Meridian Road between Washington Street and Fairview Avenue. 5. Design an approximately 80 LF 8" sewer stub on Main Street at Fairview Avenue. 6. Design 8" stubs extended to the project paving limits on Idaho Avenue, Pine Street, Carlton Avenue, Washington Street, and Elm Avenue. C. Class A Reuse Improvements: 1. Design approximately 5300 LF of reuse main in Meridian Road between Franklin Road and Cherry Lane. Pipe size to be determined by the city. 2. Design reuse main stubs extending to the project paving limits on various side streets as requested by the city. Pipe size to be determined by the city. 3. This scope of services does not include designing any reuse services or main stubs to parcels within this project. New sanitary sewer mains will be designed based upon the depth at the connection to the existing system and extended at minimum grade to make the new sewer mains as deep as possible, unless directed otherwise by the City based upon their updated Master Plan. Engineer will send a letter to each property owner with ground adjacent to the project that is not currently served by city services. The letter will advise them of the project and it will advise them that the City will install a service stub to their property at the owners request and at the owners cost. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. The City will provide the Engineer with a mailing list for all property owners within the project limits that currently are not served by city services. This scope of services does not include designing new sewer stubs to parcels within this project that are currently served from the adjoining alleys. Construction of new services connecting the existing homes or parcels to the new sewer mains will be provided by the property owner when the connection is necessary. This scope of services does not include designing new water stubs to parcels within the project that are currently served by the City. New water services will be provided from the new water main and connected to the existing water service where it crosses the new right-of-way. Plans will be prepared once the City has provided the Engineer with electronic AutoCAD files of the final design submittal to ACHD. The City will obtain permission from ACHD to use the electronic files for utility design purposes. The City will also request ACHD to include utility service extensions in any easements obtained by ACHD for the project. Engineer will submit the plans to ACHD and QLPE for review and approval prior to construction. A copy of the plans will also be sent to Qwest communications, Intermountain Gas Company, Cable One, and Idaho Power Company for review prior to construction. Engineer will also mail a copy of the completed plan sheets to each property owner currently not served by city services that requested a service stub. All required work to extend the water and sewer mains across the Rutledge Lateral, Nine Mile Creek, and the Hunter Lateral will be performed underACHD's Army Corps of Engineers and Idaho Water Resources Permits. Engineer will prepare any documents required to obtain a Nampa Meridian Irrigation District license agreement to cross the Rutledge Lateral, Nine Mile Creek, and the Hunter Lateral. We will coordinate execution of the agreement by the City of Meridian and the Irrigation District. Any license fees will be paid by the City of Meridian. A Union Pacific Railroad pipeline crossing agreement will be required to install the sewer main in Meridian Road. Engineer will prepare all necessary UPRR applications for submittal and the City of Meridian will pay all required permit fees. Engineer will have three groundwater monitoring wells installed and will measure them once a week for an entire irrigation season. Engineer will prepare one set of plans and specifications for the City's use in bidding and constructing the project. Engineer will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. Engineer will be available to review and approve shop drawing submittals. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACHD. Engineer proposes to provide 40 -scale plans on 22"x34" sheets. Plan set will include a cover sheet, a general note sheet, 12 plan and profile sheets, and 4 city standard detail sheets. The total set is anticipated to include 18 sheets. Record drawings will also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with Ada County Highway District Project No. 506047 RD205-07. COMPENSATION The Not -To -Exceed amount for this Task Order No. 10005 is Seventy -Four Thousand Four Hundred Fifty dollars ($74,450.00). 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. Construction services are not covered under this Task Order. CITY OF MERIDIAN ENGINEER BY:BY: A J; TAMMY de D, \`�,�� ll )MOTA. BURL MAYOR •,�y of RESIDENT Attest: = s119JL _ JAYCEE HO N, CITY CLERK z Approved by City Council: C - -� %,",9C��•�' �� hl/NTY . ��. (Date} '�4/1"llift 11DWmaoartment Approval BY: KEITH WONTSePURCHASING AGENT Dated: 1'�' %- 6 q BY: ",Py 4 dj NAME: R0mme, f h1/&Ad TITLE: �64 twi l i ei r'' Dated: 313 - of Civil Survey Consultants Man -Hour And Fee Estimate City of Meridian Task Order #10005 Meridian Road and Main Street Split Corridor Phase 2 Task Description Project Manager Design Technician I Technician I GPS Engineer 1 Total Project Manager 16.00 @ $105.00 = $1,680.00 1. Coordination and Meetings 4 24 28 2. Preliminary Construction Estimate 16.00 @ 24 24 3. Cover Sheet 1 16.00 @ 4 4 4. General Note Sheet (1) 4 4 5. Plan and Profile Sheet 12 1 790.001 384 384 6. Standard Detail Sheets 4 4 4 7. Special Provisions & Final Estimate 40 40 8. ACHD Coordination 16 16 9. Property Owner Coordination 8 8 10. Review and Approval 4 30 34 11. NMID License Agreement 8 8 12. UPRR Permit 16 16 13. Monitor Well Installation 3 8 8 14. Monitor Well Recording 28 28 15. Shop Drawing Review 32 32 16. Record Drawings 32 16 16 16 80 17. Class A Reuse Design 8 80 Total Man -Hours 1 16 1 742 1 16 1 16 16 806 Classification Hours Rate Total Project Manager 16.00 @ $105.00 = $1,680.00 Design Engineer 1 742.00 @ $85.00 = $63,070.00 Design/SurveyDesign/Survey Technician 1 16.00 @ $70.00 = $1,120.00 Design/Survey Technician 11 16.00 @ $65.00 = $1,040.00 Labor Subtotal 1 790.001 1 $66,910.00 Classification Hrs/Miles Rate Total Misc. Printing $400.00 GPS 16.00 @ $40.00 = $640.00 NMID La)Wer Fees $500.00 Monitor Well Installation - Contractor 3.00 $2,000.00 = $6,000.00 Direct Subtotal $7,540,00 Total Estimated Fees taskorder10005.x1s $74,450.00 0 CITY OFOMuQ „ CITY CLERKS OFFICE mom dMy vgs n In, To: Jaycee Holman; Tara Green Front Roxanne Holland, E.I.T., Staff Engineer CC Clint Dolsby, P.E., Interim City Engineer Kyte Radek, P.E., Assistant City Engineer Date: March 27, 2009 Rei Proposed Agenda Item for April 7, 2009 City Council Meeting The Public Worts Department respectfully requests the follou+ring items be placed on the April 7 City Council agenda, under Consent Agenda, for Councfl`s consideration: Task Order No. 10405 — Meridian Road and Main Stmt Split Corridor Phase 2 (desian). Civil Surrey Consultants, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to c orro to the work for $74,450.00. This project provides engineering services for the design of potable water, sanitary sewer and Class A Reclaimed water Improvements to be constructed In conjunction with ACHD project No. 506447 RD205-07. Recommended Council Action: The Public Works Department recommends that City Council approves the contact for Task Order No. 10005 with Civil Survey Consultants, Inc. for $74„450.00 and authorize the Mayor to sign It. Thank you for your cderation. Please contact me if you have any questions regarding any of these items. 0 page 1 TASK ORDER NO. 10005 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 2 UTILITY IMPROVEMENTS 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 10006 — Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design of new potable water, sanitary sewer, and class A reuse improvements to be constructed in conjunction with Ada County Highway District Project No. 506047 RD205-07. The engineer proposes to provide the following under this scope of services: A. Water System Improvements: 1. Adjust approximately sixty-three existing valve boxes to grade. 2. Relocate approximately fifty-five water meters. 3. Relocate approximately fourteen fire hydrants. 4. Adjust water mains and water services where conflicts exist with new non - potable water pipes. 6. Design approximately 500 LF of 8° main in Ada Street to replace the existing 4" main. 6. Design 8A stubs extended to the project paving limits on King Street, Carlton Avenue, Washington Street, and Elm Avenue. 7. Lower approximately 1600 LF of existing main to provide a minimum of 4' of cover below the new finished roadway. 0 • B. Sewer System Improvements: 1. Design approximately 180 LF of 12" sewer main in Meridian Road at Ada Street to replace the existing 8" sewer main. 2. Design approximately 900 LF of 15" sewer main in Meridian Road between Ada Street and Broadway Avenue to replace the existing 8" sewer main. 3. Design approximately 500 LF of 10" sewer main in Ada Street between Meridian Road and Main Street. 4. Design approximately 1700 LF of 8" sewer main in Meridian Road between Washington Street and Fairview Avenue. 5. Design an approximately 80 LF 8" sewer stub on Main Street at Fairview Avenue. 6. Design 8" stubs extended to the project paving limits on Idaho Avenue, Pine Street, Carlton Avenue, Washington Street, and Elm Avenue. C. Class A Reuse Improvements: 1. Design approximately 5300 LF of reuse main in Meridian Road between Franklin Road and Cherry Lane. Pipe size to be determined by the city. 2. Design reuse main stubs extending to the project paving limits on various side streets as requested by the city. Pipe size to be determined by the city. 3. This scope of services does not include designing any reuse services or main stubs to parcels within this project. New sanitary sewer mains will be designed based upon the depth at the connection to the existing system and extended at minimum grade to make the new sewer mains as deep as possible, unless directed otherwise by the City based upon their updated Master Plan. Engineer will send a letter to each property owner with ground adjacent to the project that is not currently served by city services. The letter will advise them of the project and it will advise them that the City will install a service stub to their property at the owners request and at the owners cost. A copy of the letter will be sent to the City for approval of the content and wording prior to being issued. The City will provide the Engineer with a mailing list for all property owners within the project limits that currently are not served by city services. This scope of services does not include designing new sewer stubs to parols within this project that are currently served from the adjoining alleys. Construction of new services connecting the existing homes or parcels to the new sewer mains will be provided by the property owner when the connection is necessary. This scope of services does not include designing new water stubs to parcels within the project that are currently served by the City. New water services will be provided from the new water main and connected to the existing water service where it crosses the new right-of-way. Plans will be prepared once the City has provided the Engineer with electronic AutoCAD files of the final design submittal to ACRD. The City will obtain permission from ACRD to use the electronic files for utility design purposes. The City will also request ACHD to include utility service extensions in any easements obtained by ACHD for the project. 0 • Engineer will submit the plans to ACHD and QLPE for review and approval prior to construction. A copy of the plans will also be sent to Qwest communications, Intermountain Gas Company, Cable One, and Idaho Power Company for review prior to construction. Engineer will also mail a copy of the completed plan sheets to each property owner currently not served by city services that requested a service stub. All required work to extend the water and sewer mains across the Rutledge Lateral, Nine Mile Creek, and the Hunter Lateral will be performed under ACHD's Army Corps of Engineers and Idaho Water Resources Permits. Engineer will prepare any documents required to obtain a Nampa Meridian Irrigation District license agreement to cross the Rutledge Lateral, Nine Mile Creek, and the Hunter Lateral. We will coordinate execution of the agreement by the City of Meridian and the Irrigation District. Any license fees will be paid by the City of Meridian. A Union Pacific Railroad pipeline crossing agreement will be required to install the sewer main in Meridian Road. Engineer will prepare all necessary UPRR applications for submittal and the City of Meridian will pay all required permit fees. Engineer will have three groundwater monitoring wells installed and will measure them once a week for an entire irrigation season. Engineer will prepare one set of pians and specifications for the City's use in bidding and constructing the project. Engineer will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. Engineer will be available to review and approve shop drawing submittals. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACRD. Engineer proposes to provide 40 -scale plans on 22"x34" sheets. Plan set will include a cover sheet, a general note sheet, 12 plan and profile sheets, and 4 city standard detail sheets. The total set is anticipated to include 18 sheets. Record drawings will also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with Ada County Highway District Project No. 506047 RD205-07. COMPENSATION The Not -To -Exceed amount for this Task Order No. 10005 is Seventy -Four Thousand Four Hundred Fifty dollars ($74,450.00). 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. Construction services are not covered under this Task Order. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: JAYCEE HOLMAN, CITY CLERK Approved by City Council: (Date) • ENGINEER BY: IZIAIL- IMURY A. BURGESS, VICE PRESIDENT Civil Survey Consultants Man -Hour And Fee Estimate City of Meridian Task Order #10005 Meridian Road and Main Street Split Corridor Phase 2 Task Description Project Manager Design Technician I Technician I GPS Engineer 1 Total Pro ed Man Manager 16.00 a $105.00 $1,680.00 1. Coordination and Meetings 4 24 28 2. Prellminary Construction Estimate 16.00 24 24 3. Cover Sheet 1) 16.00 4 4 4. General Note Sheet (1) 4 4 5. Plan and Profile Sheet (12) 790.00 384 384 6. Standard Detail Sheets 4 4 4 7. Special Provisions 8 Final Estimate 40 40 8. ACHD Coordination 16 16 9. Property Owner Coordination 8 8 10. Review and Approval 4 30 34 11. NMID 1.1cense A reement 8 8 12. UPRR Permit 16 16 13. Monitor Well Installation 3 8 8 14. Monitor Well Recording 28 28 15. Shop Drawing Review 32 32 16. Record Drawings 32 16 16 18 80 17. Class A Reuse Design 8 80 Total Man -Hours I 18 1 742 16 16 1 16 806 Classification Hours Rate Total Pro ed Man Manager 16.00 a $105.00 $1,680.00 Deslgn Engineer 1 742.00 a $85.00 $63,070.00 D"Wn/Survey Techntolan 1 16.00 70.00 $1,120.00 Design/SurveyDesign/Survey Technician II 16.00 $65.00 $1,040.00 Labor Subtotal 790.00 $66,910.00 Classification Hrs/Miles Rate Total Misc. Printing $400.00 GPS 16.00 it $40.00 = $640.00 NMID Lawyer Fees $500,00 Monitor Well Installation - Contractor 3.00 @ $2,000.00 - $6,000.00 Direct Subtotal $7,540.00 Total Estimated Fees taskorder10005.x1s $74,450.00 i 0 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -Q REQUEST Award of Bid and Contract with JC Constructors for Tertiary Filters Project for a Not to Exceed Amount of $2,869,000.00 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 alfached (Y� ,,� b) Contacted: Date: Phone: Emailed: Staff Inifials: Materials presented at public meetings shall become property of the City of Meridian. (�2 aa RECEIVED APR 0 2 2009 CITY OFG ERQ.. CITY CLERKS OFFICE To: Jaycee Holman, City Clerk From: Clint Dolsby, Assistant City Engineer CC: Tara Green, Keith Watts, Stacy Kilchenmann, Rich Dees, Gail Hammond, Tom Bary, Tracy Crane Date: 412109 Re: April 7, 2009 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following items be placed on the April 7, 2009 City Council Agenda, under Consent Agenda, for Council's consideration. Tertiary Filters Prolect Award of Bid # PW -09-010 and Authorization to enter into a Standard City Contract with JC Constructors for the Tertiary Filters Project at the Wastewater Treatment Plant. The contract is the result of Invitation for Bid #PW -09-010. Bid Additives No 1 and No 3 will be included in the total contract price. The Bids and the bid process were reviewed and no issues or exceptions were found. Recommended Council Action: Award of Bid and Authorization to enter Into a Standard City Contract with JC Constructors for the Tertiary Filters Project for the NOT -TO -EXCEED amount of $2,869,000.00 and authorize the Mayor to sign and City Clerk to attest DAFT Retrofit Project Award of Bid # PW -09-006 and Authorization to enter into a Standard City Contract with JC Constructors for the DAFT Retrofit Pdoect at the Wastewater Treatment Plant The contract is the result of Invitation for Bid #PW -09-006. The Bids and the bid process were reviewed and no issues or exceptions were found. Recommended Council Action: Award of Bid and Authorization to enter Into a Standard City Contract with JC Constructors for the DAFT Retrofit Project for the NOT -TO -EXCEED amount of $210,300.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 c 0 0 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES TERTIARY FILTERS PROJECT PW -09-010 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7th day of April, 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JC CONSTRUCTORS, hereinafter referred to as "CONTRACTOR", whose business address is 1305 E Columbia Rd. Meridian, ID 83642 and whose Public Works Contractor License # is C- 14336. INTRODUCTION Whereas, the City has a need for services involving TERTIARY FILTERS PROJECT; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, TERTIARY FILTERS PROJECT — PW -09-010 page 1 of 13 however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. TERTIARY FILTERS PROJECT — PW -09-010 page 2 of 13 0 0 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor TERTIARY FILTERS PROJECT — PW -09-010 page 3 of 13 • 0 . Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. TERTIARY FILTERS PROJECT — PW -09-010 page 4 of 13 0 0 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attomey's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attomeys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. TERTIARY FILTERS PROJECT — PW -09-010 page 5 of 13 CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 TERTIARY FILTERS PROJECT — PW -09-010 page 6 of 13 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 JC CONSTRUCTORS Attn: Jim Cox 1305 E Columbia Rd Meridian, ID 83642 Idaho Public Works License M C -14336-U-1.2.3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time Is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Liquidated Damages: Contractor and owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in Paragraph Contract Times above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the TERTIARY FILTERS PROJECT — PW -09-010 page 7 of 13 • 0 delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expres after the time specified herein for completion and readiness for final payment until the Work is completed and ready for final payment. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or TERTIARY FILTERS PROJECT — PW -09-010 page 8 of 13 0 0 representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from 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. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. 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. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a TERTIARY FILTERS PROJECT — PW -09-010 page 9 of 13 0 • waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. BY: TAMMY dVEERD, MAYOR D • JC CONSTRUCTORS BY: Dated: Approved by City Council:_ 4-7-2009 vy� op ,\ OF Attest: �.`'" �O JAYCELL. HOLMAN, CIT`_ CL K 114' 11111111 11111111 TERTIARY FILTERS PROJECT — PW -09-010 page 10 of 13 0 Approved as to Content BY: KEITH WATTS, PURCHA @ G AGENT Dated: meg, Approved as to Form CITY ATTORNEY 0 Department Approval BY: A A NAME: k ii f WN TITLE: Y; s Crig C ,�" 3 iAtir Dated: L-7-:_ TERTIARY FILTERS PROJECT — PW -09-010 page 11 of 13 0 Attachment A CJ See Section 01 1100, SUMMARY OF WORK 0 W19 9-f " f part hereof. TERTIARY FILTERS PROJECT — PW -09-010 page 12 of 13 A. Total and complete compensation for this Agreement shall >iexcevt $2,869,000.00, TERTIARY FILTERS PROJECT — PW -09-01 0 page 13 of 13 DESCRIPTION DATE AMOUNT A. Fumish all labor, materials, equipment, and incidentals as required for the TERTIARY FILTERS PROJECT in accordance with the 2«»2»<»» « «»»« —One .00 Bid ±w2» #»r 103,000.00 nkil Bid Additive Three 38,000.00 �� 0:$2,869000.00 TERTIARY FILTERS PROJECT — PW -09-01 0 page 13 of 13 • April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -R REQUEST Award of Bid and Contract with JC Constructors for the DAFT Retrofit Project for a Not to Exceed Amount of $210,300.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pub0c meetings shall become property of the City of Meridian. • I- 71 i c c 2 m O .Z c O d O aD CD OC O Z lc�l 8 m C QO O O o v �7 di p CD � N Vi Z X X X 1XI X X X X Ix X X xl— X X X X X X X X X ix X X C _ O V C Q cVc w ££ C3 L� AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES DAFT RETROFIT PROJECT PW -09-006 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 7th day of April , 2009, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JC Constructors. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 1305 E. Columbia Rd. Meridian, ID 83642 and whose Public Works Contractor License # is C- 14336. INTRODUCTION Whereas, the City has a need for services involving DAFT RETROFIT PROJECT; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, DAFT RETROFIT PROJECT — page 1 of 13 0 • however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. DAFT RETROFIT PROJECT — page 2 of 13 • 0 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor DAFT RETROFIT PROJECT — page 3 of 13 0 0 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. DAFT RETROFIT PROJECT — page 4 of 13 0 0 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor DAFT RETROFIT PROJECT — page 5 of 13 • 0 or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. DAFT RETROFIT PROJECT — page 6 of 13 0 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Attn: Keith Watts, Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 JC CONSTRUCTORS Attn: Jim Cox 1305 E Columbia Rd Meridian, ID 83642 Idaho Public Works License #: C -14336-U-1,2.3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. DAFT RETROFIT PROJECT — page 7 of 13 0 01 11. Liquidated Damages: Contractor and owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in Paragraph Contract Times above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified herein for completion and readiness for final payment until the Work is completed and ready for final payment. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. DAFT RETROFIT PROJECT — page 8 of 13 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from 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. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or DAFT RETROFIT PROJECT — page 9 of 13 • enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIANN..__. BY: TAMMY de EERD, MAYOR Dated: "?,o - C"i 9 . - . Approved by City Council: 47-2008 JC CONSTRUCTORS, INC. p _T BY: Dated:' DAFT RETROFIT PROJECT — page 10 of 13 0 0 I f, Of �IfijA Attest: JAYCEEPHOLMAN, CITY CLESIXIAL RK 4P Approved as to Content orks Department Approval BY: BY: ou� KEITH -VVA 1 R-5, VURUMNNU AGENT Dated: Approved as to Form CITY ATTORNEY NAME: TITLE: ser - Dated: DAFT RETROFIT PROJECT — page 11 of 13 • Attachment A E-7•Zg]:4Fgj • See Part 3 — TECHNICAL SPECIFICATIONS, Part 4 — DRAWINGS and Part 5 — SUPPLEMENTAL INFORMATION AND ADDENDUMS of the Bid Documents WL • • • 1 1f. •,; • part hereof. DAFT RETROFIT PROJECT — page 12 of 13 CJ Attachment B is MILESTONE / PAYMENT SCHEDULE • •� - ,.. �® DESCRIPTION !: ► ! labor,Furnish all - equipment,r $210,300.00 RETROFITincidentals s required for the DAFT PROJECT in accordance Contract t DAFT RETROFIT PROJECT — page 13 of 13 April 3, 2009 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT ITEM NO. S -S REQUEST Change Order No. 1 with Cascade Pipeline Corporation for 2008 Water System Flush Lines for $7,037.45 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 atfoahed Contacted: Date: Phone: Emailed: Staff Initials: Materksls presented at public meetings shah become props ft of the City of Meridian. i M Agpok 01dwbdM lMi.z.",- ar To: Jaycee Holman; Tara Green Fran: Roxanne Holland, E.I.T., Staff Engineer CC: Kyle Radek, P.E., Assistant City Engineer Date: March 27, 2009 Re: Proposed Agenda Item for April 7, 2009 City Council Meeting • RECEIVED APR 0 22009 CITY OF CIWHQarr CITY CLERKS OFFICE The Public Works Department respectfully requests the fogoving item be placed on the April 7 City Council agenda, under Consent Agenda, for Councirs consideration: Change Order No 1 for 2008 Water System Flush Lines !construction) Additional Work is required for the installation of flush lines as part of the 2008 Water System Flush Lines (construction). This change order consists of the following work and amounts to 94% of the original contract • Installation of additional joints at site #4 • Installation of additional elbows to clear gas tine at site #6 • Installation of flap gate, screen and additional rip rap at site #3 Recommended Council Action: The Public Works Department recomrrmnds that City Council approves Change Order No.1 for the 2008 Water System Flush Lines project (construction) with Cascade Pipeline Corporation, for $7,037.43 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me 9 you have any questions regarding this item. 0 Page 1 0 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER • Change Order Na: Project Number. 07934 Date: 31279009 Effective Date: 3/27/2008 CONTRACTOR- Cascade Pipeline Corporation PROJECT- 2008 Water System Flush Lines - Construction The Contractor Is hereby directed to make the following changes from the Contract Documents and Pians. Desclption: 1) Install additional joints necessary to construct flush ones ® site #4 2) Install additional elbows to dear gas one @ site 6 3) Install flap gate and saeen @ site 03 4) Install additional rip rap ® site #3 5) Reason for Change Order- Upon excavation, existing conditions were not as expected and required additional time and material to Install the bush lines. Attachments: Price sheets for additional time and materials. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $50,054.00 often Contract Completion Date: Orkilnel Contract Completion Nat changes torn previous C.O.'s.: Nat Days change form previous C.O.'s: No. Q to Q No. Q to Q $0.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $50,054.00 Not Increase (decrease) of Ods C.O.: Net Days Increase (decrease) of this C.O.: $7,037.45 Contract Price with ah Approved C.O.'s: Contract Completion Data with all Approved C.O.'s: $57,081.45 RECOMMENDED: (CONSTRUCTION ~GM A (CO Date: . �-t - (39 Date: APPROVED: (CrrY PURCKASM AGOM COUNCIL P By. Keith Watts Date: Date: PROVED: (CnY) ATTEST By: Mayor Tarnmy de Weerd By: city Clerk, Jaycee Wolman DOW Data: • _ ORPORATION EiDA'edGYdll. 8'.NSIItIdf.RJiYt �dBA'ay@.q('p'dld.S TO: DATE: 2.27.09 ATTN: PROJECT: MERIDIAN FLUSH STATIONS #299 RE: STATION #4 REDESIGN We.hereby request approval ofdus Change Order forthe above -Monad pwjW dwe to changes and/or extras as outlined in the followinm DESCRIPTION- SCOPE: Ir WATER MAIN IS LOCATED 4FT DEEPER AND 3 FEET CLOSER TO THE WANG WALL. ON SITE bffW JG3 WITH THE CITY ENGINEERS AND INSPECTORS HAVE LED TO THE FOLLOWING SOLUTION: INSTALL $" FL GV MATEM AT S ONLY $80000 INSTALL 2 EA V FL 90 DEGREE ELBOWS $38000 INSTALL 8" 3FT FL SPOOL " S375.00 INSTALL MJ 45 DEGREE ELBOW " $169.00 INSTALL ALL THREAD THRIISMG " MATS $1815.00 LABOR $1125.00 EQUIPMENT S"0.00 SUBTOTAL $3890.00 CREDIT a FLMJ GV CREDIT 8" MJ 45 DEGREE ELBOW S68S.00 0m 00 20% RE -STOCK FEE 7,00 TOTAL CREDITS 6b8A0 $3222.00 OVERHEAD PROFIT 10% Rig= TERMS OF PAYMENT: TOTAL: $3544.20 Subject ofTemos and Conditions are amached hmet% which are referred to and he mby mate part of this Proposal and CODUVXL An, a ofthb proposal are to be fategmted with any other con&m peh 4*8 to *a same work ACCEPTED: COUNTERSIGNED.- Authorized Signature (Convadd) Aum S%m ta+e By: C mractor CascadeFipetine Corp. Date: 0 gIPEMNE ,MOIRPORATION �' M ATTIC: ROXANNE HOLLAND E.I.T. PROJECT: MERIAL4 N FLUSH LINE We hereby request approval of this Change Order for the above-mentioned project due to changes andfor extras as outlined in the following: DESCRa ON.-VVSTALL ZEA 45 MWIMS TO CLEAR I0"GAS LLABOR LUNPSUM 354.00 2M47ERL4LS UWSUM 65800 3.EQUIPAMMT LUMPSUM 32250 OE&.P 265.20 TOTAL REQUEST FOR CHANGE: S 1,591.20 TERMS OF PAYMENT• Subject of Ter= and Couditiom aro attached hereto, which are n fared to end hereby made pmt of this Propossi and Contract. AM terms of this prolmW are to be integrated with any other contract uertainina to thane wn& Authorized Signature (Contractor) By. Contractor Date: By: _,CasdFdv Pim Corp. Date. coy op Mer*'ldl,ak, F/U,5� Likics 54a;oe7 4*4 -��E�"#--A, i= Mone 895 -OM TOTAL MST + + (C) -�S�ll 10% OVERHEAD 10% PROFIT GRAND TOTAL AUTHORIZED SIGNATURE: • 0 TO: ATTN: PROJECT: MERIDIAN FLUSH STATIONS #299 RE: STATION #3 ADDITIONS DATE: 2.27.09 We hereby request approval of this Change Order for the above-mentioned project due to changes and/or extras as outlined in the following: DESCRIMON• INSTALL S" FLAP GATE S" SS FABRICATED SCREEN LABOR OVERREAD + PROF 10% OF PAYMENT: Subject of Teams and Conditions arc attached hereto, which are referred to and Contract All tams of this proposal are to be integrated with any other contract Authorized Signature (Contractor) By: Contractor Date: $462.00 $125.00 S195,00 $782.00 $73.20 $860.20 TERMS made part of this Proposal and ing to the same work. Authorized Signature (Subcontractor) Pipeline Corp. 0 0 kyjYMig! ! x Phone 895-0286 TOTALi it 'i', OVERHEAD i% PRORT GRAND r 0 April 3, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT Purchasing Department ITEM NO. 6-A-1 REQUEST Budgeted Contract Amendment No. 4 With Hobson Fabricating for a Not to Exceed Amount of $36,068.00 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: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy Kilchenmann, Gene Bennett Date: April 2, 2009 Re: April 7 City Council Meeting Agenda Item • RECEIVED APR 0 2 2009 CITY CVmpiws- CITYTY CLERKS OFFICE The Purchasing Department respectfully requests that the following item be placed on the April 7, 2009 City Council Agenda Department Reports for Council's consideration. Budged Contract Amendment for the New City Hall Building Hobson Fabricating — Budgeted Contract Amendment No 4 — $36,068.00 Recommended Council Action: Approve Contract Amendment No 4 for additional work for a Not -To -Exceed amount of $36,068.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER CHANGE ORDER NO. 04 PROJECT NO. CH -06-001 DATE: 12/8/08 EFFECTIVE DATE: CONTRACTOR: HOBSON FABRICATING PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Incorporate revisions per RFI#91, #101, #104, 0.106, #107, #138, #147,149,154 &155; ASI#50R1, #86, #87, 093, #107,107R1, 1101,116,121 & 163 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. 0( Reason for Change Order. Additional scope or revisions per listed ASI's and RFI's Y i Attachments: Change order items description, dated 5/16/08, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,060,000.00 Original Contract Times: Substantial Completion 8/28/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No._ to _ (calendar days) $51,775.00 None Contract Price Prior to this Change Order. Contract Times prior to this Change Order. (calendar days or date) $2,111,775.00 &/28/2008 Net Increase jdacreas" of this Change Order. Net Increase (decrease) of this Change Order 610 (calendar days or date) None .3(04 Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendar days) $2,155,921.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION ER ACCEPTED: (CONTRACTOR) Petra Inc. 1-1009n Fabricng By: Thomas R. Coughlin By: Ted F 'sbee, Jr. Date: �3® Date: APPROVED: (CITY PURCHASING AGENT) COL7LAPPROVWj By: Keith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 323-4500 BOISE, IDAHO RCE -1875 CHANGE ORDER 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: 208) 323-4500 • FAX: (208) 323-4507 TITLE: RFI & ASI Pricing- Phase III PR03ECT: Meridian City Hall TO: Attn: Pat Clover Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: CO To: HOBSN DESCRIPTION OF CHANGE DATE: 12/8/2008 30B: 060675 CONTRACT NO: From: CITYMER Item Description 00001 RFI#91- Power Shutdown in Roam #311(COR#24). 00002 RFI#101- Wall Louver at Penthouse (C0R#2S) Hobson Quote dated 5/21/08. Design issue 00003 RFI#104 - Beam Framing (COR#28). 00004 ASI#SORT Dud Transition at Plan Vault (COR#29) Hobson quote dated S/21/08. Design Issue. 00005 RFI#106 - Fire Riser Room#130 Enlargement (COR#30). Relocate underfloor fan power bm Hobson quote dated 5/21/08. Design Issue. 00006 RFI#107 - Basement RR 019 Ceiling Access (COR#31) New grilles for lay -in Ceiling. Hobson quote 5/21/08. Design Issue, 00007 ASI#86 - Fume Hood Braces (COR#32) Fabricate and Install barcesJlegs for fume hood In mailroom. Hobson quote dated 5/21/08. Construction issue. 00008 ASI#87 - Dud Revision at bobby#111. (CAR#33). Rework dud at lobby to dear beams and Ceiling. Hobson quote 8/1/08. Design tee. 00009 ASI#93 - Add wall at Room#257 (COR#34) 00010 ASI#107 - Wall relocation at Rooms 244245 (0011#35) 00011 RFI#138 - Restroom Air Supply (COR#36). Add dud tiuu under floor part9dons for air supply. Hobson quote 11/25/08. Design Issue. 00012 RFI#147 - Relocate VAV#215 (COR#37). Relocate VAV, revise dud and add FSD. Hobson quote dated 8/1/08. Design issue. 33 Number: 00003 Net Amount $0.00 $1,043.00 - $0.00 $1,893.00 1.000 IS $289.00 Tax Tax Quantity Units Unit Price Rate Amount 1.000 LS $0.00 0.00010 $0.00 1.000 LS $1,043.00 0.00% $0.00 1.000 LS $0.00 0.000/0 $0.00 1.000 LS $1,893.00 0.00% $0.00 Net Amount $0.00 $1,043.00 - $0.00 $1,893.00 1.000 IS $289.00 0.00% $0.00 $289.00 ' 1.000 IS $190.00 0.00% $0.00 $190.00 1.000 LS $661.00 0.00% $0.00 $661.00 1.000 LS $1,234.00 0.00% $0.00 $1,234.00 1.000 LS $0.00 0.004/0 $0.00 $0.00 1.000 LS $0.00 0.000/0 $0.00 $0.00 1.000 LS $3,137.00 0.00% $0.00 $3,137.00 1.000 LS $2,215.00 0.000/a $0.00 $2,215.00 Unit Cost: $44,146.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $44,146.00 TheOriginal Contract Sum was................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00 The Contract Sum Prior to This Change Order was ...................................................... $24111775.00 The Contract Sum Will be Increased ................................................................................... $44,146.00 The New Contract Sum Including This Change Order ...................................................... $2,155,921.00 The Contract Time Will Not Be Changed................................................................................. The Date ofSubstantial Completion as of this Change Order Therefore Is ,e. ............................ Petra By: �0r ►",. i r 1097 N. ROSARIO STREET • MERIDIAN, ID 83642 • PHONE: (208) 323+500 • FAX: (208) 323-4507 TITLE: RFI & ASI Pricing- Phase III PROJECT., Meridian City Hall TO: Attn: Pat Clover Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: CO To: HOBSN DESCRIPTION OF CHANGE DATE: 12/8/2008 JOB: 060675 CONTRACT NO: 33 From: CITYMER Number. 00003 Itbem Description 00013 RFI#149 - Duct conflict In Room#346 (COR#38). Revise dud to avoid lights. Hobson quote dated 8/1/08. Design Issue. 00014 RFI#154 - HVAC at Electrical and Comm. Rooms (0011#39). 00015 RFI#155 - Mayors suite RA Plenum (C011#40). Add sound Insulation to rebzn duct above mayor's suite. Hobson quote dated 11/25/08. Design issue. 00016 ASI#107R1- Wall relocation at Rooms 244245 (COR#41). 00017 ASI#110 - Exhaust fan EF -2 Revisions (COR#42). See ASI#110R - VOID. 00017 ASI#11011- Exhaust fan EF -2 revisions (0011#43). Add dud to relocate EF -2 discharge away from RTAHU Intake. Hobson quote dated 11/25/08. Design Issue. 00019 ASI#116 - Emergency generator height revision. Relocate muffler, fab & Install muffler support on wall. Hobson Invoice#0005576 dated 9/18/08. City request. 00020 ASI#121- Boiler controls modifications (COR#44). Add flow meter to control valve piping in order to optimize boiler control. Hobson quota dated 11/6/08. Design Issue. 00021 ASI#163 - CO2 Sensors (0011#46). Add two additional CO2 sensors to AHU return air plenums to adjust design requirmerds to maximize Idaho Power Energy Conservation Credit Hobson quote dated 11/12/08. City request Unit Cost: $44,146.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: 60.00 Total: $44,146.00 TheOriginal Contract Sum was................................................................................................. $2,060,000,00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00 The Contract Sum Prior to This Change Order was ...................................................... $2,111,775.00 TheContract Sum Will be Increased................................................................................... $44,146.00 The New Contract Sum Including This Change Order .......................................... a........... $2,155,921.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore Is,,,. ...,. ACCEPTED: Hobson Fabricating ) By:,/�' Date: a Petra Incorporat --LCA Ar hitect_ By: By; To Co Steve Christensen Date: Date: Pop 2 03 Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $289.00 0.000/6 $0.00 $289.00 1.000 Ls $0.00 0.00% $0.00 $0.00 1.000 LS $541.00 0.00% $0.00 $541.00 1.000 LS $0.00 0.0(% $0.00 $0.00 1.000 IS $0.00 0.00% $0.00 $0.00 1.000 LS $6,157.00 0.00% $0.00 $6,157,00 1.000 LS $1,871.00 0.00% $0.00 $1,871.00' 1.000 Ls $4,928.00 0.00% $0.00 $4,928.00 1.000 LS $5,045.00 0.000/a $0.00 $5,045.00 Unit Cost: $44,146.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: 60.00 Total: $44,146.00 TheOriginal Contract Sum was................................................................................................. $2,060,000,00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00 The Contract Sum Prior to This Change Order was ...................................................... $2,111,775.00 TheContract Sum Will be Increased................................................................................... $44,146.00 The New Contract Sum Including This Change Order .......................................... a........... $2,155,921.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore Is,,,. ...,. ACCEPTED: Hobson Fabricating ) By:,/�' Date: a Petra Incorporat --LCA Ar hitect_ By: By; To Co Steve Christensen Date: Date: Pop 2 03 323-4500 DISE, IDAHO RCE -1875 0 CHANGE ORDER 1097 N. ROSARIO STREET • MERIDIAN ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 373-4507 TITLE: RFI & ASI Pricing- Phase III PROJECT: Meridian City Hall TO: Attn: Pat Clover Hobson Fabricating Corp. 6428 Business Way Boise, ID 83716 Phone: 343-5423 Fax: 343-5446 RE: CO To: HOBSN DESCRIPTION OF CHANGE DATE: 12/8/2008 308: 060675 CONTRACT NO: 33 From: CITYMER Number. 00003 Item Description 00022 RFI#113 -Boller Flue Configuration -Revised. Revise from boiler flues manifokied together to IndMdual flues for each boiler. This reverses the initial response to RFI#113. E sting manifold system to be removed and replaced by separating flues for each of the four boilers. Hobson quote dated 11/3/08. Design issuel4v o cll of L46j6i . 00023 Builder's Risk Claim - Replace two stolen unit heaters. Hobson Invoice dated 6/30/08 quote. Construction Issue. 00024 Add 4 return air grilles with sound boots. Hobson quote dated 11/25/08. Design Issue. 00025 Remove and reinstall 12 grilles In the lobby area for painting. Hobson quote dated 11/25/08. Owner request 00026 Relocate 22 grilles for smoke detector spacing. Hobson quote dated 11/25/08. No. 00004 Unit Cost- $44,146.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $44,146.00 TheOriginal Contract Sum was................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00 The Contract Sum Prior to This Change Order was ...................................................... $2,111,775.00 The Contract Sum Will be Increased................................................................................... $44,146.00 The New Contract Sum Including This Change Order ...................................................... $2,155,921.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Hobson Fabricating ' rp Petra Incorporated LCA Ardiftee r - By: By: By: ...L' Too Co 11 Steve Christensen Date:Alrrzp Date: - Date: Expemion � `~ Page 3 of 3 Tax Tax Net Quantity Units Unit Price Rate Amount Amount 1.000 LS $10,772.00 0.008/b $0.00 _$W~ fi 1.000 LS $1,800.00 0.00% $0.00 $1,800.00 1.000 LS $839.00 0.00% $0.00 $839.00 1.000 LS $467.00 0.00% $0.00 $467.00 1.000 is $775.00 0.00% $0.00 $775.00 Unit Cost- $44,146.00 Unit Tax: $0.00 Lump Sum: $0.00 Lump Tax: $0.00 0.0% GC markup: $0.00 Total: $44,146.00 TheOriginal Contract Sum was................................................................................................. $2,060,000.00 Net Change by Previously Authorized Requests and Changes ................................................ $51,775.00 The Contract Sum Prior to This Change Order was ...................................................... $2,111,775.00 The Contract Sum Will be Increased................................................................................... $44,146.00 The New Contract Sum Including This Change Order ...................................................... $2,155,921.00 The Contract Time Will Not Be Changed................................................................................. The Date of Substantial Completion as of this Change Order Therefore is .............................. ACCEPTED: Hobson Fabricating ' rp Petra Incorporated LCA Ardiftee r - By: By: By: ...L' Too Co 11 Steve Christensen Date:Alrrzp Date: - Date: Expemion � `~ Page 3 of 3 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 CHANGE ORDER NO. 06 ,d PROJECT NO. CH -06-001 DATE: 2/10/2009 EFFECTIVE DATE: CONTRACTOR: HOBSONFABRICATING PROJECT: MERIDIAN CITY HALL - Phase 3 Tenant Improvements The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Description: Paint added access panel, repaint due to trade damage. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. Reason for Change Order. Additional scope or revisions per lid ASI's and RFPs Attachments: Change order items description, dated 2/10/09, with contractor quotes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $2,060,000.00 Original Contract Times: Substantial Completion 8128/08 Net changes form previous Change Orders Net changes form previous Change Orders No. 01 to 03 No._ to _ (calendar days) $8,646.00 None Contrad.Price Prior to this Change Order. Contract Times prior to this Change Order (calendar days or date) $2;158,646.00 8128/2008 Net decrease of this Change Order. Net Increase (decrease) of this Change Order. (calandar days or date) ($1,061.00) None Contract Price with all Approved Change Orders: Contract Times with all Approved Change Orders: (calendardays) $2,157,585.00 Substantial Completion 8/28/2008 RECOMMENDED: (CONSTRUCTION GT) ACCEPTS NTRACTOR) Petra Inc. HO Fa eating+ By: Thomas R. Coughlin " By: T Fris , Jr. Date: Date: COUNCIL PROVAL APPROVED: (CITY PURCHAS G ENT) / By: Keith Watts ``�tt�ttrrrrrrrrrrrii � Date: %S � ,r Date: `Z��041 APPROVED: (CITY),✓- - ATTEST: O ` By: Mayor Tammy de Wed By: City Clerk, syc ee Hotatan SEAL Date: Date: q— —1. O y -. �C>! \ter 1s� • �` ,, 0 0 April 3, 2009 FP 09-002 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT Una Mas, LLC ITEM NO. S REQUEST Tabled from March 24, 2009 -- Request for Fnal Plat approval for 21 building lots on 12.62 acres in a C -G zone for Una Mas -- 3475 East Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Previous Item Packet / Minutes See attached Staff Report See attached Comments BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF UNA MAS, LLC, FOR FINAL PLAT APPROVAL OF 21 BUILDING LOTS ON 12.62 ACRES IN THE C -G ZONING DISTRICT, LOCATED AT 3475 E. USTICK ROAD, IN THE NORTHWEST 1/ OF SECTION 4, T. 3N., R. 1E. C/C April 7, 2009 CASE NO. FP -09-002 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on April 7, 2009, and the Council finding that the Administrative Review is complete from Sonya Watters, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Dates: March 24, and April 7, 2009, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING UNA MAS SUBDIVISION, LOCATED IN A PORTION OF GOVERNMENT LOT 4, SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UNA MAS SUBDIVISION (FP -09-002) Pagel of 3 2009, STAMPED BY GERALD MARTENS, PLS, HANDWRITTEN DATE: 2/27/09, SHEETS 1-3, EHM ENGINEERS, INC.", Una Mas, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: April 7, 2009 (Continued from March 24, 2009), listing 11 SITE SPECIFIC CONDITIONS/FINAL PLAT and 19 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 7 pages, and by this reference incorporated herein, and the response letter from Denise Lauerman, EHM Engineers, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UNA MAS SUBDIVISION (FP -09-002) Page 2 of 3 0 • NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIGNNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of '2009. By: OF hAERj® ��, Tammy V,*d Mayor,Meridian Attest: SEAL ce Jaycee 661man, City Clerle, Copy served upon Applicant, toning Department, Public Works Department, and City Attorney. By: Dated: 5-0-09 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR UNA MAS SUBDIVISION (FP -09-002) Page 3 of 3 0 0 STAFF REPORT: Meeting Date: April 7, 2009 (Continued from March 24, 2009) Iv 4.. TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP -09-002 Una Mas Subdivision APPLICATION SUMMARY & LOCATION The applicant, Una Mas, LLC, has applied for final plat approval of 21 commercial building lots on 12.62 acres of land for Una Mas Subdivision. The proposed subdivision is zoned C -G (General Retail and Service Commercial) and is located at 3475 E. Ustick Road in the NW '/a of Section 4, T. 3N., R. 1E. The City Council approved the preliminary plat (PP -08-007) for Una. Mas Subdivision on November 18, 2008. The applicant also received approval for the two private streets within this subdivision at that time. The preliminary plat is a re -subdivision of a portion of Government Lot 4. Note: A provision of the Development Agreement for the 4.92 acre property located along the east boundary annexed with AZ -05-060 required all of the property to be included within the boundaries of a plat. The portion of this area where N. Ally's Avenue has been constructed is not included on the final plat as it is now right-of-way. STAFF RECOMMENDATION The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the Una Mas Subdivision Final Plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved development agreements (recorded as instruments #106137048 & #107026537), and annexation (Una Mas, AZ -05-061 & ACHD Ustick Road Property, AZ -05-060), and preliminary plat (PP -08-007) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on this final plat by November 18, 2010, the preliminary plat shall become null and void. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by EHM Engineers Inc., stamped on February 27, 2009 by Gerald Martens, prior to signature of the final plat by the City Engineer, as follows: a. Note #4: Add Development Agreement Instrument No. 107026537 b. Please define the easements graphically depicted on the face of the plat (i.e. private street, landscape buffer, etc.). c. Add note prohibiting access to the site from N. Ally's Avenue except for the three access points shown on the site plan approved with the preliminary plat. 5. The subject property shall be subdivided prior to issuance of any building permits. Una Mas Subdivision FP.doc PAGE 1 6. Revise the landscapefan prepared by Jensen Belts Associates, dalkanuary 31, 2007, submitted with this application, to exclude the internal site improvements/landscaping shown on the southern portion of the site as it is not required with the subject final plat application. 7. The applicant shall submit applications for design review with each building Certificate of Zoning Compliance. The elevations and materials shall also be in substantial conformance with the elevations approved with the preliminary plat. 8. Development of this site shall substantially comply with the conceptual site plan approved with the preliminary plat. 9. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 10. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 5. Play equipment shall be installed on Lot 2, Block 1, as depicted in Exhibit E. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. The applicant shall provide a 20 -foot easement for all public water/sewer mains new or existing, 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 Una Mas Subdivision FP.doc PAGE 2 purposes. Submit aneecuted easement (on the form available fro blic 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. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 14. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 94-8 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. 15. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 and 94-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 17. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 18. 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. 19. Prior to signature on the final plat the applicant will be responsible to sign the urban contract to operate and maintain the pump station for pressurized irrigation with NMID. EXEOEIBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Una Mas Subdivision FP.doc PAGE 3 Exhibit A — Vicinity/Zoningffap 0 Una Mas Subdivision FP.doc PAGE 4 Exhibit B — Approved nary Plat [labeled Sheet C0.2, preparty EFIM Engineers, Inc., dated 1/25/08 (revised 3/6/08)] Una Mas Subdivision FP.doc PAGE 5 Exhibit C — Proposed Finalt VOW MET\. Liar. a# ]rt ._.. mm U 0 gab t -W LaAIEW a atarrraeavcff ��u€�e�u:3�rnro,.�rarc;�a a 7t�P#'h`�+IIA.Ytd�'xf t7i,Lt:Yf� t E.9.99 sr?J�' ,d�dAdt 3AM �...... .. ..._ .. dam$ ..........._.._. ._ _..__. ...._: sSam mX mm am mm now e mom" mm 92 MWssoxoaWAMACP ssr>�wrr.;a�t ttmax ssmant—_..�amaas4 a�ax�Me'mtk axr mea oma aaasser�omrarmssasamoaammast x Own 9 �W_Y�F 1dt Oli[.m- Wffi W mm 1,MW M -F- U Mxr®Ia LtuLatatl J�Y[�" QH®l s�p��paraagsac +m aasepaAocs ppa�a�a��aawestywamW ar m0 own a aema aaa aye aeuaw�ao aara�+aa< anatneors Inc. Una Mas Subdivision FP.doc PAGE 6 two a ra I nEs$ ea >wema e L►a 1.2Les aeee. XW.. _ sora - m -00 inster ers a.s em ausrc tae *wall ea I 4a a iW� j� Lai[ L• ,iaa now ®x 0 gab t -W LaAIEW a atarrraeavcff ��u€�e�u:3�rnro,.�rarc;�a a 7t�P#'h`�+IIA.Ytd�'xf t7i,Lt:Yf� t E.9.99 sr?J�' ,d�dAdt 3AM �...... .. ..._ .. dam$ ..........._.._. ._ _..__. ...._: sSam mX mm am mm now e mom" mm 92 MWssoxoaWAMACP ssr>�wrr.;a�t ttmax ssmant—_..�amaas4 a�ax�Me'mtk axr mea oma aaasser�omrarmssasamoaammast x Own 9 �W_Y�F 1dt Oli[.m- Wffi W mm 1,MW M -F- U Mxr®Ia LtuLatatl J�Y[�" QH®l s�p��paraagsac +m aasepaAocs ppa�a�a��aawestywamW ar m0 own a aema aaa aye aeuaw�ao aara�+aa< anatneors Inc. Una Mas Subdivision FP.doc PAGE 6 0 Exhibit D –Proposed Landscape Plan j14 0 [a GL1AA "45 Uept'.461"'fM �1 AWDRX-AF�rz lit . 0%�W� A.MaRLI-71— ... ........ FRA Una Mas Subdivision FP.doc PAGE 7 0 0 Exhibit B From: Denise Lauerman[denise.lauerman@ehmengineers.com] sent: Tuesday, March 31, 2009 3:37 PM To: Sonya Watters Cc: Tara Green; Nancy Radford; .Jaycee Holman; Machelle Hill; Peter Friedman; Gerald Martens Subject: RE: Una Mas sub. FP staff Report for 4/7 CC Mtg Sonya & city clerk office of Meridian, The staff Report recommendations are acceptable to the owners of this project. If you have any questions please let us know. Thank you, Denise From: Sonya Watters [mailto:swatters@meridiancity.org] sent: Monday, March 30, 2009 1:07 PM To: Gerald Martens; Denise Lauerman Cc: Tara Green; Nancy Radford; .Jaycee Holman; Machelle Hill; Peter Friedman subject: Una Mas sub. FP staff Report for 4/7 CC Mtg Attached is the staff report for the proposed final plat for Una Mas subdivision (FP -09-002). This item is scheduled to be on the city Council agenda on April 7, 2009. The public meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or e-mail with any questions. Gerald/Denise - Please submit any written response you may have to the staff report to the City clerk's office (greent@meridiancity.org, hillm@meridiancity.org, radfordn@meridiancity.org, & holmanj@meridiancity.org), and myself (e-mail or fax - 888-6854) as soon as possible. Thank you, Sonya watters Associate City Planner City of Meridian - Planning Department 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 208.884.5533 ph. / 208.888.6854 fax Page 1 n April 3, 2009 L�] TE 09-012 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT Engineering Solutions, LLP ITEM NO. 9 REQUEST Public Hearing - Approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 - south side of E. McMillan Road, west of N. Eagle 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: ITD: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting COMMENTS See attached Request for Continuance See attached Comments See attached Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 0 April 3, 2009 VAR 09-001 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT .lames Wylie ITEM NO. 10 REQUEST Public Hearing - Variance to allow 1 right-in/right-out access point to State Highway 20/26 and to reduce ITD right-of-way adjacent to Chinden Boulevard from 100 feet to 70 feet for Knighthill Center - SWC of W. Chinden Boulevard and N. Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report 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: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: ITD See attached Comments INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Letter from Justin Martin Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • April 3, 2009 AZ 08-016 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT James L. Jewett ITEM NO. 11 REQUEST Public Hearing -- Request for Annexation and Zoning of 36.27 acres of land from the RUT zone to the M -E zone in the city for Southridge 31 -- northeast corner of Overland Road and Ten Mile Road AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting / Letters from Citizens Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 3, 2009 AZ 08-012 MERIDIAN CITY COUNCIL MEETING April 7, 2009 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 12 REQUEST Ordinance -- Request for Annexation and Zoning of 5.03 acres of land from RUT to R-4 zones for Shays Cove — 3155 South Mesa Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Ordbume OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shag become properly of the City of Merhilan. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 04/09/09 02: 1 DEPUTY VIeW Alien RECORDED -REQUEST OF III I�II�I�ill�lll�l�ll�llllllll�Il III Merldlan CIV 109040252 CITY OF MERIDIAN ORDINANCE NO. 0q_ ) J 9 (o BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-012 SHAYS COVE) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF LOTS 1 AND 2 OF BLOCK 2 OF KACHINA ESTATES ON FILE IN BOOK 35, PAGE 36 IN THE OFFICE OF THE RECORDER, ADA COUNTY SITUATED IN THE SW % OF THE SE % OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: John Shay. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — AZ 08-012 SHAYS COVE Page 1 of 3 • 0 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. �y�"PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this t ' day of , 2009. OF M ``�IIIIIIIt1111/l///// AYOR T de WEERD SEAL ATTEST: 2) 0111 %'90� r iso . P� ��• ��i�i t1NTY 0111 JAYCEE . HOLMAN, CITY CLERK ANNEXATION — AZ 08-012 SHAYS COVE Page 2 of 3 0 STATE OF IDAHO, ) ss: County of Ada ) On this I day of Atxi 1 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 0 ARY PUBLIC FOR IDAHO RESIDING AT: Ceddutil. 1p MY COMMISSION EXPIRES: 0 -I ANNEXATION — AZ 08-012 SHAYS COVE Page 3 of 3 • A. Legai Desmi)rtunn 71ds pal is a portion of Lot I and Lot 2 of Blwk 2 of KAC! I NA ESTATES on M@ in book 35, pap 36 in the Office Of dte rc*, Ada County, situated in the SWIM of tate SHIM of &aisn 19. Tom 3 NortJ, Bang 1 Eat afthe BOW Meridian, Ada County Idebo and ds care particularly desapx d as tbllows. COMMENCING 8t the sauthtaest (*rm r ofsaid SWIM of toe SEI/4, said point b a brass trop monument referenced 1n C.PA1r hmtnwwut No. 804391 an ails in the office ofthn Recorder. Ada County, awm along the south bmtatdary Of said SW1 PAF of ft SEI/4, A) N.89"42'o5"E., 535.S1,fm (ofrreWT4 535.78 Ekon) to the soutltwm romw ofsaid KACmmt ESTATES, said point b ft tete POINT OF BEGINM(;, them aio#g the wssuwly boundary of said KACWNA ESTATES, E) N. 12124122"W,. 33:75 feet to the sgt1bv►9 corrw Ofsaid Lot 1: dm= along 41te westerly botmdaryofsWd Lot 1, 1) N,#.2°24'22"W.,136.33 feet (of record 136.34Ibet) to the westerly angle }mint of MA Lot 1; thence cmWnuing along the wen bovuttiary ofmW Lot 1, 2) N..O(I°l9'So"E . 360.74 f=t. (a mord 363.to deet) to cite proporWrml northvmu comer of said dot 1. theme along the northerly boundary of said dot 1, 3) S,63M'02"E.. 260.36 timet; thence, 4) S-W17'41"E., 75.50 them . 5) N.8903412CE., 153,67 ftmt to a point on the bound common tar MW bots 1 and 2; thence condaWag, i.:AC110a3 urwpj,%wipttm�Fxr sa;t Am,.,W. ct� t, ft Fs1edC,0M3-, awvq%EGA1. rjESCRjpTMSZWbft A. Anne dm Ftloject: 009043 Date: Jame 10, 2008 Pap., 2 of 2 6) N. 89054126111✓., 152.66 feet to a point on the east boundM7 of saW Lot 2; thenen continuing, 7) N.89054°26'"0., 25.60 few to a pain, on the emu errate of hma Way. d mw a1mS said cetttertirm k) S.Wlr4l"E., 334.84 fret to a point on the south boundary of said SWI14 ofttn SE114t thence along said Muth boundary, 9) 5.89°42°05"W., .53193 feet to the POINT QF 13EGlN1UNG CO TA1NfNG 5.03 acm npre or lass. SUBJECT WWI Emmcm& Rights, Mots of way and all other Encunftanm ofrecord or iniiplie& L:'COSO43%wvq'J-9Vl DmA00m ifthibit A. Amemdmdemd. 0 8. %Vl0. p MIND --- RW cora %MU- T'A2'r )R, — sono t � �. %s Y[�'I'�RY & MFSA AXW W40 cap°;� TM si' Yr�ex"fig�" r sew 8 ADA c � Wra M JW to ate (0-TAMV WM DAFA I `� zoos ! Itl 8_E189'S4'�B�E Jf is2 �s I 1 i I r 1 � I t SOU NDARY ARRA r P ? I S.r}3 ACitEB X14 I Q Qom. V&F #SM391 is � 7"� o � se9'�a'o5°�, EAST ` CTORY ROAD? � 535:81' ; - ----- _ _ �_ _ .� �.� – 9212.83` �_ _ – _, – – --_ – •• PONT OF COMMENCEMENTCEaiENT NMPOINT OF REtiilti MI; CT NO. p 0042. MWIBIT 'A2' FOR ySWEEr �, ...... ICrOR Y ADM .SSA 1•mlrsa' 1.,". ANNF.}4'ATION US'C°RIPTION I MUM a F• effg AL* Lt..PLS i NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 09- 1J9 U PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a tract of land being in a portion of Lot 1 and Lot 2 of Block 2 of Kachina Estates on file in book 35, page 36 in the Office of the Recorder, Ada County, situated in the SW V4 of the SE %4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian 33 East Broadway Avenue, Meridian, IdahbFdinance shall become effective on the day of d n , 2009"A ®,q AL = City of ridian oM Mayor and City Council By: Jaycee L. Holman, City Clerk%�� First Reading: - Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO — Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09lag Lp - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 09-Uof the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of '2009. G - William. L.M. Nary City Attorney ORDINANCE SUMMARY — AZ 08-011— SHAYS COVE Page 1