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HomeMy WebLinkAbout2009-08-18E IDIAN�- inallo CITY COUNCIL WORKSHOP SPECIAL MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, August 18, 2009 at 7:00 PM 1. ROLL -CALL ATTENDANCE: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. ADOPTION OF THE AGENDA: Approve 3. CONSENT AGENDA: Approve A. Approve Minutes of August 11, 2009 City Council Regular Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: VAR 09-002 Request' for a Variance to UDC 11 -2C -3A.1, which requires a 25 foot landscape buffer to nonindustrial uses; applicant requests to reduce the buffer width from 25 feet to 5 feet adjacent to eastern property boundary for Porky Park by VJ Joint Venture — south side of East Pine Avenue and east side of North Principle Lane (Lot 6 & 7, Block 2 of Porky Park No. 2): Approve C. Water Easement Agreement for Kennedy Commercial by DBSI Meridian 184, LLC: Approve D. Change Order No. 13 with Idaho Sand and Gravel and Primeland Development Co. for Adjustments to Final Construction Cost - Associated with Ten Mile / McMillan Road Intersection for $11,010.00: Approve Meridian City Council Workshop Agenda — Tuesday, August 18, 2009 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Task Order No. 0805a with CH2M HILL for Engineering Services Related to the Sidestream Nitrogen Removal Pilot Test for $51,093.00: Approve i F. Permanent Easement Contract for Timothy & Karen Tomasko for Construction of a Pressure Relief Valve (PRV) for $3,537.27: A pprove G. 1-1 : Approve H. Water Easement Agreement for Hobby Lobby by W.H. Moore Company: Approve 4. COMMUNITY ITEMS / PRESENTATIONS: A. Julius M. Kleiner Park Master Plan Presentation by Stevd Siddoway and Eugene Kleiner: Approve 30 Minutes B. Overland Road Landscape Improvements by Steve Siddoway and Phil Hull with The Land Group: Discussed 15 Minutes 5. DEPARTMENT REPORTS: A. Cross Connection Control Update by Richard Dees: Removed from Agenda 15 Minutes B. All Thinas Transportation: Presentation on Recent Involvement with Various Transportation Studies. Construction proiects. Fundina Opportunities and Priority Transportation Projects by Caleb Hood: Discussed 15 Minutes C. Overview of Proposed Proiect by Cvanerav for Nutrient Removal and Algae Growth Project for the Wastewater Treatment Plant by Richard Dees: Bring back Next Week with Agreement 10 Minutes D. Agreement with Ostara Technologies for 'Nutrient Recovery -Pilot Study for the Wastewater Treatment Plant: Approve 10 Minutes Meridian City Council Workshop Agenda — Tuesday, August 18, 2009 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Mayor's Office Strategic Focus Discussion by Mayor's Office: Presented 40 Minutes 6. ORDINANCES: A. Ordinance No. 09-1426 : Authorizing the Conveyance of Real Property, Approving a Purchase Agreement and Deed to Ada County Highway District: Approve Adjourn at 9:29 P.M. Meridian City Council Workshop Agenda — Tuesday, August 18, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. u Meridian City Council Special Meeting -Workshop August 18, 2009 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, August 18, 2009, by Council President Charlie Rountree. Members Present: Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun and David.Zaremba. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Steve Siddoway, John Overton, Richard Dees, Kyle Radek, 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 Rountree: Good,evening and welcome to all of you to the Tuesday, August 18th, 2009, Special Workshop Meeting, Meridian City Council: The first item this evening is roll call attendance. Madam Clerk. Item 2: Adoption of the Agenda: Rountree: Next item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Let's see. No changes on the Consent Agenda this time. Under department reports, Item A has been requested to remove from the agenda. Item ,B is going to probably take longer than 15 minutes; so it will cover into where we removed Item A. And on Item 6-A, the.ordinance, number is 09-1426. And with those changes.) move we adopt the agenda. A Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Item 3: CONSENT AGENDA: A. Approve Minutes of August 11, 2009 City,Council Regular Meridian City Council Workshop Special Meeting, August 18, 2009 Page 2 of 38 r Meeting: b B. Findings of Fact and Conclu"sions of Law for Approval: VAR 09-002 Request for a Variance to UDC 11 -2C -3A.1, which requires.a 25 foot,landscape buffer'to nonindustrial uses; applicant requests to reduce the buffer width from 25 feet to 5 feet adjacent to eastern property boundary for Porky Park by VJ Joint Venture — south side of East Pine Avenue and east side of North Principle Lane (1-6t.6 & 7, Block 2 of Porky Park No. 2): C. Water Easement Agreement for Kennedy Commercial by DBSI Meridian 184, LLC: D. Change Order No J 3 with Idaho Sand and Gravel and Primeland' Development Co. for Adjustments to Final Construction Cost Associated with Ten Mile/ McMillan ,Road Intersection for $11,010.00: E. Task Order No. 0805a with CH2M HILL for Engineering, Services Related to the Sidestream Nitrogen Removal Pilot Test for $51,093.00: F. Permanent Easement ContracfforTimothy & Karen Tomasko for Construction of a Pressure Relief Valve (PRV) for $3,537.27: G. License Agreement with Nampa & Meridian Irrigation District to Cross the Ten Mile Drain for Ten Mile Road: S I H. Water Easement Ag'reem'ent for Hobby Lobby by W.H. Moore Company: Rountree: Nextitemis the:Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun:, Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Roll call vote, please, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council Workshop Special Meeting August 18, 2009 Page 3 of 38 MOTION CARRIED: ALL AYES ,Item 4: COMMUNITY ITEMS/PRESENTATIONS: A. Julius M. Kleiner Park Master Plan Presentation by Steve Siddoway and Eugene Kleiner: Rountree: Now, this evening we have an exciting bit of news on our Community Items and, the first item is the Julius Kleiner Park Master Plan presentation and I'm going to give this to the Mayor for some opening comments. Madam Mayor. De Weerd: I would certainly like to welcome our special guests this evening, Mr. Kleiner and certainly the team he has assembled that we have been working with the last half dozen years to -- to really bring today -- make it possible. And we are very honored, Mr. Kleiner, to have you here with us and greatly appreciate the vision that you have had for I think a number of years, that you have been tenacious to bring it forward and -we are thrilled that the vision is in our city and as I`told you earlier, would like to assure you that we understand that vision and we have dedicated ourselves to making sure it happened and to keep that legacy alive and something you will be proud of and future generations as well. So, with that said I will turnthis over to Steve and -- who has put a lot of dedication -- first as a consultant for the city and.now in his role as director of the Parks and Recreation Department, and ask him to introduce the project and the folks that are here tonight. 1,` Siddoway: Thank you, Madam Mayor, Mr. President, Members of Council. I'd like to first introduce the members of the Julius. M. Kleiner Memorial Park Trust °and as the comments were just directed to Mr. Eugene Kleiner, welcome, Mr. Kleiner. Would you raise your hand, so,everybody knows who you are:° Mike Huter sitting over here on this side, he is a CPA in Nampa and oversees the project finances and is one of the trust members. Mr. Elden Gray seated next to Eugene Kleiner is -- he has worked the family farm, as it was, .back in the '50s for the Kleiners and has been a family friend of the Kleiners for many years and also sits on the trust. Orville Teak has been brought on by the trust as a project manager for them 'and oversees a lot of their daily goings on. I'd also like to acknowledge the design team. Susan Graham from Parametrics is the project manager for this, project and will be. presenting -to you shortly. There is a contingent of Parametrics folks that have been working behind the scenes on this project, but -also key to this project are Don Beltz with Janson Beltz, he's the project landscape architect. And Walt Lindgren• here with Johnsont Architects. He's the architect on the project. . It has been my privilege this year to work with -- with this team to prepare the master plan for Julius M Kleiner Memorial Park that will be, presented to you tonight. It's been quite a process getting to this point already. -We have had at least four meetings with the "parks and recreation commission and it's .been a process and several iterations of master plan that have been developed over that period. We've had meetings with representatives from the city departments. We've had meetings 'with several potential partners with interest in being in the park. I know we have a large i Meridian City Council Workshop Special Meeting August 18, 2009 Page 4 of 38 contingent here'from.the senior center;and-you have also been provided a letter:from the library that are two of the partners for the park. We have had a neighborhood meeting with the public that -- where the public was invited and solicited comments from f them and, then, we have had numerous staff level meetings with ther trust and the design team. Copies of the process have been provided to the Council as -- over the last several months as parte of the parks and recreation commission packet, so, hopefully, you have seen those along. the way. Councilman Zaremba has been an integral part of -- of those meetings and thank you, Councilman, Zaremba, for your input that has got us_to the point we are at tonight.' Council members, should 'have received copies of the Kleiner Park master plan and you should also have received a comment and response form that documents the comments we received from the public, as well as from the commission and the response from the design team on them. It is important to note that while we are seeking approval ,from -- of the 'master plan tonight from Council, that this is not -the end of'the design process, this: is really solidifying the beginning. It sets the vision. It defines the course that we intend to follow, but there are many details yet to be developed as we move forward from this point and -go into design development and construction documents. With that as an introduction, I would like to turn the time over to Susan Graham with Parametrics, who will present the master plan to the City Council on behalf of the Kleiner Park Trust. And we are going to take just a minute and move some boards up to the front. De Weerd: You know, while they are doing that, Mr. Kleiner, I had the privilege of performing the ceremony of marrying my daughter off this weekend and, you know, it's -- it's those kind of projects that you put a lot of -- it's a small comparison to what we will be seeing today, but, you know; it's a`project that when you turn it over you have a lot of trust, as I turned over my daughter to her now new husband, I have _a lot of trust that`he is going to uphold his -- what his oath was and so I know this is your baby that it's -- it's a big gift, it's in honor of someone that you love and I just want you to know that we are very grateful to Have you here and we want you to know that we will -- it's in good hands. And I did remind my -- my new son-in-law of that very same thing, because I got to perform the ceremony and so I was watching him. Sorry. Graham: Thank you, Mayor and Council, for having us here. We are very exited -- in fact, we were saying in the lobby it feels like a party, because there has been over 15 years have come into tonight. Not all of us have been involved that long, obviously, but we are really excited to, bring you the master plan that we have worked really hard on and. that we also hope and we believe really does reflect Mr. Kleiner's vision for the- park. This is higher tech than me, so - so, we are just going to talk about the master plan and, basically, going to walk you through a tour of the master plan. We will use this map that's "over here, it's all alphabetized and will kind of -- all the slides will hit on various letters. We'd love to get your comments and feedbacks and, then, we will talk about what the next steps are. So, the primary objective that Mr: Kleiner tasked us with to see this through were to create, a beautiful, peaceful setting dominated by rolling hills, large, water features; and, that it is"'accessible by car, by bicycle, and on.,foot. That it provides predominately passive recreation, but to gather and picnic as a family in a very family oriented environment. That it serves as a memorial to Julius M. Kleiner, who a Meridian City Counci{ Workshop Special Meeting August 18, 2009 "Page 5 of 38 bought the land out of a love for American farming and who exhibited a life long devotion to philanthropic endeavors. And, finally, to develop a civic center to include our good friends at the senior center.- and thank you for coming, Stephanie and Cindy and everyone else, and to the library for the enjoyment and educational benefit of all generations. And this -beautiful rendering is the fine artistic work= of our partner Don Beltz, who has been working with us and with the parks commission to make our dreams- and our ideas become trees and lakes and other beautiful features that we are going to walk through tonight., This is, again, the key map that we will use to kind of orient ourselves and take a little walking tour, if you will, of the park. When you first come -into the park, which you will access primarily off of Records Avenue, you will come through a roundabout into,a grand entrance feature that will look something like" this. As Steve indicated, the master plan is the beginning for us and a conveyance of a concept and an idea, which we will work to refine over the next.three to six months into actual design documents. So, the parks commission and the Council will see -future iterations of what this could become. But this is primarily a stone feature with decorative iron across the top: You will come in under the arch, letting you know that you have just left behind Meridian and all your worries and you're about to enter a park where you can just experience all. sorts ,of relaxations and green and water. When you come in -you will have your first opportunity to enter the civic complex,°which includes a senior center, which is somewhere in the 15,000 square foot range, a library, a civic plaza, which 'is in between the two, and all of which sits gently upon the south pond, which will primarily be there as a water feature and to offer views. It will not be stocked with fish. It's about an acre,and a half, as currently projected, and that could change up or down as we start playing with how all the features fit ,together. From the civic complex you will access the arboretum:, You may have heard originally we had a lot of discussions with the botanical garden, that was a partner that didn't quite pan out for this location, but this location within the park itself is perfect to establish Meridian's arboretum and possibly a formal rose' garden. We talked about some, exiting things there. Even today, including potentially a walking labyrinth, which would be flush with the grass, but offer some other -- some other pattern to walking paths and so, again, these are the places where the ideas are starting, which will grow from there. This will be a beautiful place to, hold your next'wedding and many more weddings and there is a nice large picnic shelter - can you see if I point this? Oops. There we go. Holman: Ma'am, if you hit one of those colored buttons on the top of that smart board -- Graham: Uh-huh. Holman: -- then you can draw in that color. Graham: Oh, I don't want to.ruin Don's work,,so -- Holman.' Oh, it won't -- it won't save it. Meridian City Council Workshop Special Meeting August 18, 2009 Page 6 of 38 Graham: ,Well, I know it won't save it, but I' don't want to -- okay. So, if I 'could just like circle =- so, this -- thank you. This is the picnic Shelter' It's one of the custom picnic shelters and Walt of Johnson Architects has'helped us to design and you -- and it will' also have a restroom in that location. So, you could rent this whole area for a wedding. A wedding could be conducted there and others could be enjoying the rest of the arboretum. So, it offers a lot.of flexibility for private functions within the larger public context. Over here is one of the other key members of our design team has been Elroy and this is the, home of the maintenance facility, which we calling it the back of house, but it's really important back of house to maintain this site and Elroy has had a lot of feedback into the park and we really appreciate incorporating operations and maintenance into,the design, because it --,,we will end up with a much better;product for -- for 3you and forius in the future: We have a future building site. If you were to go left at -,the first roundabout towards the recreation complex, which. has right above the B there, the recreation complex,, has the letter I, that is an outline of a future potential building and the' site of a lot of consideration for some early partners, including a tennis center and aquatic center, and an aquarium and what we found in balancing all of the different elements`and goals, and objectives of the park is that really we don't have room to accommodate some of those" larger needs. The tennis and .aquatic center both needed several acresfor'their facility. We have 30,000 square,feet. An acre is just over 43,000 square feet, so you can see it would be three and four times the size of .what we could -- have set asides.if you were to accommodate tennis -or an aquatic center on this site. So, we determined that an`appropriate,facility on this site would take up no more than 30,000 square ,feet on one floor,, so as a footprint would be no higher than two' stories and would not require more than a hundred parking stalls. That's important, because' we have provided for sufficient parking for the library, the senior center, and this future sit6within the parking plan that you see and it was a fine balance of providing sufficient parking so that we don't have future parking issues` and providing way too much asphalt in our parks. So, that's an -important criteria. Basically, based on the siting criteria, we determined that the only one of those original partners it's still feasible from a site context standpoint is the'aquarium and -Stever is still doing some work with them on whether or not the long term operation and maintenance plan for the aquarium is ,economically viable for the city and I believe is still working with both tennis and aquatics for potential siting in other locations in Meridian. Moving from there to the recreation complex. This is, really, the primary activity hub in this park. It will include several elements, a large -- this is a large picnic structure, restrooms and concession. A splash pad. We don't have a swimming place per se for kids, but we want to have water and movement and this is the splash pad. And, then, a very large play area with play structures. Thatis, really, the place, if you're bringing olde"than toddler age kids, you could really be sitting andyour kid could be doing a variety of activities. And while you're there you might want to play horseshoes, which is over here. Or basketball. And this is --=did I do something? This is a sand volleyball court, which we think is a really fun, active component to add. And while and until there is a building at the site labeled by Ion the larger drawing, there is a large flat lawn area where you could throw a frisbee, throw a ball, place football, and it's not programmed for that, but it is the only large expansive flat lawn area in the park, so it -- we believe it will be well used for those kids.of pick upgames, because it is flat. This is an example of the family picnic shelter Meridian City CouncilWorkshop Special Meeting August 18, 2009 Page 7 of 38 and the main` thing we are trying to co1.nvey here, again, is a mix of material. There is stone and there is -- there is metal and there is wood and you will see a feature that's repeated from the entry feature that has stone with some iron scrolling around it that we believe would be beautifully lit just for ambient lighting in the evening hours and just another decorative feature. This facility could seat up to 50 or more and we have several large facilities planned, as well as some smaller structures that would be for. smaller, more intimate groups. This is another view of that same structure. This is a large restroom and concession stand that would be near the active recreation area and, basically, the difference between our, large and our small restrooms is just the number of toilet facilities and we have planned for enough to accommodate the larger ones both in the arboretum area and the active recreation area and smaller ones interspersed throughout, so that you're never too far from -- from either a picnic area or a restroom. The grand plaza or memorial are really the signature features of the park that are Unique to the Julius M. Kleiner Memorial Park and to Meridian and, really, the 'place Where we will honor Mr. Kleiner with some type of statue. We are' going ,to be working on what exactly -- what form that takes, but it will be at the center of this circular plaza and it will potentially have a historic walk that you could trace around the roots of Mr. Kleiner from leaving Russia to his various business ventures that brought "him to the ri Treasure Valley and will likely also direct you back down the promenade to the library where 'there will be a small room or display area that will be the historic -- sort of an historic museum where we plan to house memorabilia from the dairy farming era. And, then, this memorial sits up on the north pond, which ,is about three acres, and will be stocked .by Idaho Fish and Game with fish and will be open for fishing, but not swimming, and we are still.. trying to determine whether or not paddle boats and fishing are compatible uses at the same time. The promenade. This is just a side view of it. This will be a beautiful spot for a wedding also. We were calling it the money shot for your weddingphotograph, because it's going to be out over water with trees, the foothills in the, background, and, you can see down below it will be designed to have good fish habitat for the future. There is a very` elaborate path system, ,which will be fully ADA accessible, usable for pedestrians, joggers, bicycles. While working on whether or not all those uses are compatible on the same path system or if we, in fact, have a 'hierarchy of pathways where if you wanted to be more of a quiet leisurely walk, you have space for that and you're not run over by the person who wants to use it as a bicycling course. So, we will be working on that. And this shows the relationship of the pond to the rolling terrain and -the trees., One of our initial letters from Eugene Kleiner said trees, trees, trees, three times, with., about nine exclamation points. And we have accommodated that. Don's drawing has over -- I believe over nine -- eight or nine hundred trees in these pictures -- and someone really counted,those. And so we -- we definitely heard water, rolling hills, and trees, trees, trees, when we were designing this. .Again, -the north pond is about three acres. It will have,public access fishing and it will be stocked by the Fish and Game and this is a really neat structure that Walt has offered up as a boat house, which could be used for,concessions if there is a future paddle boat site. It would also be a neat place to hang out on the steps, look at the lake, have a snack or drink of water, if it ends up not being a concession. And one of, the things we talked about -- you can see this as open slat on the one side, with how beautiful it would be lit from the inside at night with just light coming out of those slats. w, a Meridian City Council Workshop Special Meeting August 18, 2009 Page 8 of 38 So, it may also be one of a night time esthetic features that even -- even though it might not be open, you will -- you will have' -these -elements in a desk that would still be functional The amphitheater and band` shell, the amphitheater is seen -- it's really this area right up here and it will be just a really gently sloping informal °amphitheater in terms of being grass. 'It is facing out west, which we had questions about. Won't that mean the sun -- settingsun would:be in the eyes of performers and from folks we talked' Y to, yes, that mean,,the sun will, be in the eyes of the performers when the sun is setting. That's common, because they are being paid and the audience is paying, potentially, to be there and so you want to be able to see what you're looking at. The'other thing on this site, if you look at the larger map it shows the context of the park to our neighbors. That gets the sound going back out towards the, life style 'center and away fromnthe residential areas, which was really impo`ant as well. The band shell, a Concept for the band shell is shown below. Again, you,will see repeating elements from the previous drawings, and one of Councilman Zaremba's suggestions is the additional signage on the actual band shell where two to, three thousand people may be sitting to watch a performance and,be reminded of who brought us to this place. Family picnic. There will be several family picnic areas sprinkled throughout the park. They have'smaller picnic shelters and smaller restrooms, but they also have tot lots, horseshoe pits, sand volleyball, and lawn badminton opportunities ;again, so -that if you're there with little kids, you can still have some `adult activity, but it's!within easy eye of the bathroom, your kids are using it, of the tot lots, of all of those` things, so that there is really a way to "accommodate many generations that may` be coming to hang out together. The roadway, which we are calling Kleiner Memorial Parkway, is a one,way loop road and this illustrates how we plan to use that road. It's about 29 feetwide and we are planning to have parking on the park side of the street, which you can see right here, so that you're not crossing across the travel lane toi get to where,you would want to bean the park. A travel lane and, then, a stripped bike lane. So„the outer loop road, which is about a mile and a half or so, provides a separated striped bike lane, as well as additional parking, which allows us to avoid `'having to provide bigger-- lots of parking back in the quieter areas,of the park. We fare really trying to concentrate the active areas and the vehicle oriented areas of the park at the front corner`, so that the park -- the parts of the park that are bordering our neighbors and are other residential developments, are separated the louder -- as loud as a park can be -- louder activities of the park. And this meets the fire department's criteria of having enough lane width with the parked cars to still get a fire truck through, which was important. Again, Records Road will ultimately be improved all the way .from Fairview and 'eventually all the way to Ustick. There are various development agreements that make that road. happen and those are continuing to be worked out as the lifestyle center moves forward. Park Lane will be a private road providing access from Venture over to Records and, then, again, Kleiner Memorial Parkway, which is the one way loop.road within the park itself. A little more about parking. I'm not going to spend a' lot of time on this, but really wanted to illustrate that we spent a lot of time talking about parking, because parking can be one of the elements of_a park that you end up hearing about later -and we didn't want that to be the case. So, we looked at a couple different methodologies for parking recommendations..,. First. is ITE, which is the Institute of Transportation Engineers and how many stalls they recommend per thousand square E { Meridian City Council Workshop Special Meeting •August 18, 2009 Page 9 of 38 feet based on different land uses and we compared that to what Meridian'wo'uld require and we looked at what park open space would require, both under ITE and, then, what Meridian park staff has recommended 'to us is a good number in terms of density of stalls per thousand acres and that is close`to what'Heroes has and a lot more than what Settlers has in terms of stalls per ,acre. That's 14 stalls per acre. So, the bottom line is We know we need at least 705, which seems awfully precise for where we are at right now and probably should have rounded that, because it implies that, but we know we need somewhere between 705 and' 821 stalls on the park and currently as drawn we have about 720, which tells us as a design team that we are in the ballpark for where we need to end up and we are.not overshooting and we are not', missing the mark. And, then, finally, we have recommended in the master plan that any event that wants to come to, the park for a special event, like a Renaissance Fair or an Art in the Park, or concert, would need to provide an event plan and 9a parking strategy. There is so much parking around this park. In the Walmart parking area. In what's coming for Center Cal. And we feel like they need to do a good job iof reaching out to their neighbors and do a parking plan for those once -- the peak periods that we wouldn't want to provide asphalt for year around. Again, the roads. This just shows the. relationship of the internal parking lot here to Records Road and what you will notice is that somewhere along here the, public right of way for Records Road ends and the park starts and we will have a separated sidewalk system -- in addition to being inside the 'Park, there will be that 'separated sidewalk system all along Records, as well as Park Lane. So, there is a really nice balance of. pedestrian, bicycle, and vehicular mobility that we are providing for. This is the opinion of cost, where we are at right now. It's about a 25 million dollar total contribution and that is made up of they park construction itself, which is about 13 million, he value of the land, and, then, two construction projects, both the senior center and the library, which are all part of the total 'donation that Mr. kleiner has mad his way from Seattle today to present you with`: We anticipate that we will design 'the park exactly as we are showing today, at a higher level of detail, but with all of these elements. If when we start adding construction costs to all -of those elements, we see', that we can't fit that within our budget, Iwe ;will start having tc make decisions about where is the money best spent and potentially saving some of the improvements. And right now that 25 million does not include any additional recreational facilities, kind of whatever that place holder building is, that 30,000 square foot, it doesn't include anything for that and no other contribution towards other facilities. So, our next steps are tonight and -We are asking that you adopt the master plan. We have a press conference tomorrow at 2:00 p.m. and, thien, we; actually, 'already started design development`and it really is sort of an evolving process, so I think it started even as long ago as when we started. But now we take it to about a 30 percent design and we get,a better idea of -= is what we are showing you still the things that we need to do and -can we afford'to do all those things and if there is trade offs where do:wd start making those. We really hope to bellexcavating the ponds as early as this winter, if -we can get in before winter sets in, otherwise, we are tied to the irrigation cycle and we have to -- we really have a window of time to excavate those large areas and we are hoping to get on that November, December, otherwise, March �_7we definitely know we have to be done by April, so that is the plan, with the rest of the park coming during the following season and -opening in the -- expected to be in the spring of 2011 and'that does assume that x Meridian City Council Workshop Special Meeting August 18, 2009 ' Page 10 of 38 Center Cal has come on board in that time andnhas built the water and sewer down the road, which will supply the park, as well as their portion of Records Road. that's the end of our tour and I'm sure we are all ready to answer questions. Rountree: Questions? Comments? Zaremba: Mr. President? Rountree: Mr. Zaremba. lines So, Zaremba: It's not a question, but I would just like to comment from having observed some of this process, to being with it was a wonderful vision and to start out we new it was going 'to be a great gift, but as I have watched the design process develop and our -parks and recreation commission be involved in it, we have a couple of the commissioners here tonight as well and the input from staff. The design team has been wonderfully responsive. The first drawings 1 l saw were pretty exciting and they have, gotten more and more exciting as we have gone along and this ultimate presentation is as exciting as I think it can be. The design team has done a wonderful job. I hope Mr. Kleiner feels this is meeting his vision, because it certainly is a wonderful thing for Meridian and the process 'has been very.responsive and verygood and I wouldn't be more pleased with what everybody has donee so -- Rountree: Comments? Questions? Hoaglun: Just a couple of comments if I'might, Me. President. f{rst of all, to Mr. Kleiner, I mean this is an outstanding gift to his community and thank you very much. This is really a'-- the citizens of Meridian don't realize how fortunate they are that when this is completed how wonderful :this, is going 'to be and we really appreciate that. I guess another comment for staff. As' we are' working with the other retail • portions of this Center Cal and other areas, that event center, as we have experienced with our other parks for events and there is the spill over. The potential exists, for that. So, as we develop those areas, we need to be cognizant, because there may be some event, if my calculations are right, if we have an amphitheater event at 2,50'0 people and you have two and a half people per car, which is rather high, -that's still a thousand cars that we are going to have to put some place and `if it's a Saturday event and they are retail, they don't want people who are not in their stores 1parking in their stalls. So, it's the conflicts, we normally face, so it's just stuff that we are going to have to be looking at as we develop around that. I'm glad to -see that you have. got event planning in your project that you're aware of that and, you know, if we run shuttles, where are they, coming from and type of thing. So, those are just the logistic things we can work through and make happen, but for our seniors, our library -- for all the citizens thatare going to enjoy this. This is -- this is fantastic and ,.thanks again, Mr. Kleiner, to all `the folks you have assembled to work on this-, this is something l'they -- they can be proud of and tell their grand children that -- something they worked. -on and they hadia hand in making that happen. Thank you. t 7 F Meridian City Council Workshop Special'Meeting ; August 18, 2009 Page 11 of 38 Graham: If [,could comment really brief on that. One of the things that's been really special for our team, I was in Meridian, I and Doug lives in Meridian. Several of our design team live or have offices in Meridian is very close to our heart, too. One of my kids ; is here. It's -- I think you're seeing a lot of love that, started with the Kleiner family, 'going through the`design team, and it turning into a park and we, are very, very proud to be part of making that happen. Rountree: Comments? y Bird: Mr. President? I, too, echo what has been said and I'd like to -- Mr. Kleiner, this is a truly tremendous gift that -- this whole community thanks you and I'm sure we will all get to enjoy it. Thank you very very much what you have doneWe appreciate it. Rountree: What a marvelous gift and tribute to your family. This will be cherished by all the citizens of Meridian, but it will be a high point, I believe, for, the Treasure Valley, as ' well as the state. Your generosity is just beyond explanation and/or thank you, but thank you ,from the bottoms of all of our hearts, as well as all of the citizens of our community and, as I say, the Treasure Valley. Look forward to -- through the whole presentation the -- I believe the first two words are the words that appeal to me the most, beautiful and peaceful. How better to sum up what we all need in our daily,lives, given not only the times we are in, but the stresses we put ourselves under and "this will be a marvelous place to reflect and relax. Thank you so much. De Weerd: Mr. President? You know, I guess it's all been said, but l do'-- I do want to,' note that this park is memorializing someone that had a very`big heart -and it was not just in Meridian, it was in Nampa and I think his generosity'has had a ripple effect throughout the Treasure Valley. The location of this park will serve the entire Treasure Valley. Certainly we are honored to house it within our city limits, but it will be a park that all will enjoy. It's bordered by Boise and Eagle is not too' far away. The center point of the Treasure Valley is right there in your park and it will certainly reflect and portray a solid heart of the Treasure Valley. f So, again, we appreciate your generosity and certainly it's going, to be a heck of a memorial to your father and everything that he stood for and I,can see that the apple didn't fall from -- too far`from the tree and your generosity in wanting to memorialize your father. So, again, our heart felt thanks to you, the team you have assembled. Mike, I still have that first list that I put together on your request and so it's come along way. It's been a thoughtful process and we are just thrilled.to be a part of it. Rountree: Now we need some action. And the action is approval of the master plan. ;t Zaremba:` Mr. President?, t Rountree: Mr. Zaremba. Zaremba:. I move that we approve withigreat gratitude the Julius M Kleiner Memorial Park master plan. n E M* Meridian City, Council Workshop Special Meeting August 18, 2009 Page.12 of 38 El Bird: Second. 3 Rountree: It's'been moved and seconded favor?. u MOTION CARRIED: ALL AYES. Rountree: Thank you. Graham: Thanks very much. De Weerd: Mr. Chairman? Rountree`. Madam Mayor. to approve the master plan. All those in De Weerd: I guess we could make special note -- if you would like to leave, you don't have'to'stay until the end of the meeting. E F B. Overland Road Landscape Improvements by Steve Siddoway and Phil Hull with The Land Group: t Rountree: That was my next comment, Mayor, but thank you. I'm not sure we can top that the rest of this, evening, so -- next item on the agenda`:. is the., Overland Road landscape improvements. Steve. _ Siddoway: Thank you, Mr.'President. We are going to get the dot cam for the podium up and running here for this presentation. I gave you a brief heads up about this topic last week and Mr. Phil Hull is here to discuss the project with the Council. This is regarding the Overland Road landscape project that comes in' association with, the -- with the Overland Road project that I believe' is currently under construction. The -- as part of that project they have designed in several landscape areas,�including medians, street tree landscaping, storm detention ponds and a roundabout on one of the adjacent local streets. We are here primarily to seek Council's guidance on what aspect of landscape` maintenance the city should be involved in. And with that I will turn some time over to Mr. Phil Hull'with The Land Group. Hull: I'll try, and' get this figured out. Again, Madam Mayor and Members of the Council, I'm Phil Hull with The Land Group.. Basically, with the Overland Road realignment project there is landscape and irrigation plans for the project, which consists of an eight foot planter strip down both sides of -the roadway and a median,.in the middle of the road, as. well as two ACHD storm retention ponds. And as part of the project, the adjacent parcels, whether it's residential, commercial as, they come into play, that landscape would typically be built with each project as it marches up Overland Road. But .,with the- Overland Road realignment project going ahead of the rest of the development, this landscaping wouldn't typically be done. So, we are trying to figure out t . y LN � I � F I to approve the master plan. All those in De Weerd: I guess we could make special note -- if you would like to leave, you don't have'to'stay until the end of the meeting. E F B. Overland Road Landscape Improvements by Steve Siddoway and Phil Hull with The Land Group: t Rountree: That was my next comment, Mayor, but thank you. I'm not sure we can top that the rest of this, evening, so -- next item on the agenda`:. is the., Overland Road landscape improvements. Steve. _ Siddoway: Thank you, Mr.'President. We are going to get the dot cam for the podium up and running here for this presentation. I gave you a brief heads up about this topic last week and Mr. Phil Hull is here to discuss the project with the Council. This is regarding the Overland Road landscape project that comes in' association with, the -- with the Overland Road project that I believe' is currently under construction. The -- as part of that project they have designed in several landscape areas,�including medians, street tree landscaping, storm detention ponds and a roundabout on one of the adjacent local streets. We are here primarily to seek Council's guidance on what aspect of landscape` maintenance the city should be involved in. And with that I will turn some time over to Mr. Phil Hull'with The Land Group. Hull: I'll try, and' get this figured out. Again, Madam Mayor and Members of the Council, I'm Phil Hull with The Land Group.. Basically, with the Overland Road realignment project there is landscape and irrigation plans for the project, which consists of an eight foot planter strip down both sides of -the roadway and a median,.in the middle of the road, as. well as two ACHD storm retention ponds. And as part of the project, the adjacent parcels, whether it's residential, commercial as, they come into play, that landscape would typically be built with each project as it marches up Overland Road. But .,with the- Overland Road realignment project going ahead of the rest of the development, this landscaping wouldn't typically be done. So, we are trying to figure out t . y LN h � � t _ Meridian City Council Workshop Special Meeting- ir August 18, 2009 Page 13 of 38 a way, if the city., desires, to get that landscaping in up front. There is money in the budget for the actual construction of the landscape, but there is no 'mechanism for the maintenance `and the actual water., iThere.. is water lines in the Overland Road construction project that could be tied onto and water those -- the eight foot strips in the medians somewhat temporarily untie the adjacent projects come,on line., That would -- I guess the benefit of doing that, it would get the -- all the trees in;for that entire stretch of Overland Road from Linder to Ten Mile all constructed at the same time, so they would' have a head -start on growth, they would all ilook similar in nature as time went on, as opposed to doing pieces of it at a time,as the development progressed. So, I guess that's the main question is is there a thoughts or a -possibility that the city would take on maintenance of those eight'foot-strips, ACHD storm drainageiponds, and the center median islands in Overland. Siddoway: Mr. President? v Rountree: Steve. Siddoway I don't mean tointerrupt this, but ! just wanted t Ie. tPhil know that we do have your Powerpoint up now if you want to use that. Hull: Okay. And that shows the overall -- does the stylus have a pointer on it that" shows up? s Siddoway: It should. k r Hull: Okay. So here is the Linder intersection here. We are s1wing landscape in the Y � 9 p eight foot strip all along, here. Here is a °storm drainage pond here and, then, the eight foot strip continues as the center island is right here and the -reason that the center island looks fairly small and only in this location is because the right of way on the north side of Overland for this entire stretch here has not been acquirdd yet. There has been right of way provided in order to accommodate that -- the islands at a future date once that northerly right of way is acquired so that those islands can continue further down the road. And, then, there is travel up, here, there is that eight foot strip on both sides of the road and, then, another storm drainage pond at this location: I'm -not sure if -- if this is on the top of your mind or not, but the phase one area that's being constructed out there right now is down here in this area. There is a residential area that is, under construction. 'Individual slides show different pieces to give you an idea 'of where the trees are and you can see the island here" is this location and that will continue in the future as that right of way is gathered. Hoaglun: Mr. President, can'l ask him a qu Rountree: Brad. Hoaglun: If you go back one slide, was that into the -- tion -- where" Tasa -- where I. does Tasa connect Meridian City Council Workshop'Special Meeting August 18, 2009 , Page 14 of 38 r Hull: That's correct. Hoaglun: Okay. t Hull: That is the curb cut for Tasa.' Hoaglun: Thank you... Hull: Go back a few more, if might show up a .little better on ;the overall. That's right here in this location. And that takes off this way and goes over there. r Siddoway: Mr. President? I_ Rountree: Steve. Siddoway: Also for clarification, Phil, the -- iam I controlling --;`yeah. Is the mouse up there? The -- the Ione median°'that's part of the current project, which I think you pointed out, but I -- I think this is important to reiterate, is in this location in the bend. The concept is to have continuous medians down toward Linder, but all of the -- those additional medians would be future as the area for those medians would have to be� lanes today, because the additional right of way, as you said, has not been acquired on the north side. So, for the project that you're' talking'-about today, it's a°single median in that -- in that curve. And the additional medians -- I don't knowif you can speak to this -- would come piecemeal oras a single project in the future or do.you know? f Hull: At the time that the northernproperty owners came in for-a development application; ACHD would deal with them to acquire this right of way. and those medians could be installed in the -- in the middle of the' roadway. Siddoway: And is that concept for those `medians to be installed- by the city, the developer; undetermined at this point? Do you know what the vision has been as this has come together? 4 F Hull: That's a good question. I know they are in the master plan Overland Road improvement drawings, so the funding mechanism I would have to check on that. It may be set aside funding already for the -- for the whole alignment project. Siddoway: In, my intro I also mentioned four types of landscape areas., I believe you .y covered -- we have covered three of them. the, storm detention ponds, the street tree landscaping, and, then, the median. The fourth one was the -the roundabout, which would be in a local street. Is that -- do we need to discuss-that or is there a, concept that -- Hull Oh, excuse me. Yeah. I guess part of the same project and being constructed by ITD at this -- you know, at the same time. But in Tasa right up here as 'it makes this s :L e Meridian City Council Workshop Special Meeting August 18, 2009 Page 15 of 38 bend, there is a roundabout here before it heads westward andin that center island that could be constructed prior to all of the commercial development going on around that, if -- if there would-be a mechanism for taking care of the maintenance on it. 4 De Weerd: Okay. Mr. President? Rountree: `Madam Mayor. De Weerd: I guess I'm struggling as to why we are hearing this right now. We had original discussions when we first talked about Overland and that the city would -- because this is an entry corridor, we talk about .center medians- I don't know why we are talking about parkway strips that usually come with a plat and it's generally :a development's responsibility -- why are we talking about a roundabout that's not even on the arterial -- that would definitely be that ias a subdivision plat -- I am struggling with why -- why are we discussing this? Is this because of TLIP chat we are having this discussion? Siddoway: No, it's not because of TLIP, it's because when Iimet with Mr. Jim Jewett and Phil Hull a couple of weeks ago now, the -- it was presented to me that it was:their understanding or at least Jim's understanding that the landscaping, including the street trees and storm detention ,ponds would be part of this project aril maintained by the city and I had the same reaction that you just expressed, that typically we will maintain the medians, but we are not currently maintaining any street trees or roundabout landscaping and the only storm detention ponds we are maintaining are those that are °part of an ACHD project unaffiliated with Ta subdivision. So, that's why we are here tonight, because you said, well, isn't the city; to maintain this --',I had a similar reaction and am here seeking direction whether I'm to focus on just the medians` and the other landscaping will come with development in the future or whether we want all of this as part of the project and to take on maintenance of it as a city. p. y , De Weerd: Just a follow up. Rountree: Madam Mayor. De Weerd: Mr. Hull, I guess my question is to you, since I don't think we have seen any kind -of a plat with the street trees on there, to even have this conversation, where that impression might have been impressed. Hull: It's not --`it's not so much an agenda that I think we are trying to put forward and have the city take on the maintenance, 'it's more of a do you want this to be done up front and can we come to some sort of a way to figure out how'to, have the landscape done so it looks nice for the community up front. If it waits until'each individual project goes with° that frontage, that's I think perfectly fine as well. It's-± you know, we are not trying to push this out there,.on the city to take'on the maintenance for -- r � Y , a "Meridian City.Council Workshop Special Meeting August 18, 2009 r Page 16 of 38 De Weerd: So, your question is mainly if the street trees were to go in -- be installed with the road prior to any. platting and home ownership or association -- Hull: Right. De Weerd`. =- that would normally maintain it -- Hull: Right. De Weerd: -- if you were to put -it in now would the city maintain it until -- until it was platted, approved, and -- okay. Hull: Correct. De Weerd: I understand now. Hull: Yeah. T De.Weerd: Thank you. Hull: I probably didn't explain that very well up front, but -- De Weerd: Trying to track it. Hull: Okay. Hoaglun: Mr. President? I guess I kind of have a comment., My seat mate to my left here had something early in the earlier session he said it was very wise and that's about fairness and consistency and, you know, I'm trying to think is this something that we do typically with other projects that -- that we be consistent if we dia this and, you know, is it fairto do this outside of -- if we haven't done it with other projects, is that fair to other projects to be doing that. You know, I can understand that you want it to look nice, but at the same time, if this is something typically the developer takes care of as part of their project, then, we probably need to'be consistent -and fair and not be maintaining this in the interim. Just my thoughts on that. De Weerd: Mr. Rountree? Rountree: Madam Mayor. De Weerd: I guess just to respond, we ha, always gotten it piecemeal and so this -- this i Hoaglun:, Thank you. I Rountree: Any further questions, comments? a r' never done this. You know, we have new. Would be new. f Meridian City Council Workshop Special Meeting August 18, 2009. Page 17 of 38 E Zaremba: Mr. President? " e 0 Rountree: Mr. Zaremba. 3 Zaremba: If I'm- understanding what's typical, it would -make sense to me that the infrastructute,for the landscaping -- and by that I mean where ever, it's going to go, plus dry at the moment,pipes that would be ready for it, probably should be put in while the road is being put in, it makes sense to engineer it and design it and build it that way, think, but my sense is that it doesn't need to be, greened until the developer is ready to do that. That has been our typical, -- and I I think probably we wouldn't even do the median, which we --the city would eventually take care of the median, but I'm not so sure that that even needs to be greened at this point, since there are more medians coming, but I would say that the pieces that we don't take care of, I think I would be comfortable if they were not greened yet. *' Rountree: Any other comments,.. questions? Christie, can I` get you up here for a minute? I've got a couple questions for you. De Weerd: Mr. Rountree, I`guess while she's coming forward -- Kyle, are we bringing purple pipe out here? Or -- I know we°are 'trying to get it to the interchange. Are'we going to try and put it out here as well? Radek: Madam Mayor, we don't have any plans to,bring it out right now. We -- we went through a kind of a cost benefit -analysis and we will bring it to the, interchange for sure and we will have the availability of bringing it across if we get the kind of demand that would -- would warrant the cost of bringing it out. So, we will still have"that option available in the future. F De Weerd: Will it be part of the citywide study? Kyle: Madam Mayor, Council'Members, yes, it will. It will be part of the -- the master plan. De Weerd: Thank you. Rountree: Good evening. Little: How are you? a Rountree: Terrific. We just had a great park delivered to us; practically. IHow else can we be? Questions on the median and apparently the Overland` Road master plan. I'm trying to, make some sense out of having a median starting at the bottom of a grade and going for maybe a little over a half a mile and stopping, because I don't see us putting a median down the rest of Overland Road and if it's an entryway corridor, it seems to me the median ought to beat the entry, which would be Ten Mile. So, what's.going on with Meridian City Council Workshop Special Meeting August 18, 2009 Page 18 of 38 that? Is that your master plan? Is thaf something that we gave you.as a city? Is that something that was done with the master plan for South Ridge? Little: 'Mr. President, Madam Mayor, and Council. The highway didn't have it in any plans to have center landscape medians the whole length of the project and we typically try to -- you know, on a regular project of course work with the lead agency -- in this case I believe it was part of the South Ridge plan. City staff did have some involvement, but I don't know -- I'don't know who -- who startdd that conversation, but the highway district did not require it. Rountree: And the drainage basins may be built per ACHD standards and landscaped per your standards, provided somebody were to maintain them; ;,is that correct? Little: That's correct. And it will be up to the HOA to maintain those. This will not be an ACHD owned pond. r Rountree: Okay. That answers the questions I had. Little: Anyone else? Thank you. Rountree: Thank you. Hood: Mr. President. If I may, dust on the center median topic there, those medians originally -carne out of the Ten Mile charrette and the Ten Mile !plan. After Mr. Jewett, working with the city concurrently on the South Ridge project, after we had talked about those center -medians, they went to engineer that road and it turns out that there is •-- with the curves, and the curb cuts and getting closer to Ten Mile, it turned out that, basically, at every turn for that first third of a mite, roughly, there is,a reason not to put a median in, just, again, because of the curves and the bridges that it would take across and things like that,, so we ended up with basically no medians there. But that was kind of the evolution of why medians originally showed up in Overland Road was through the Ten Mile specific area plan. Rountree: Any other comments, questions? So, what I'm hearing is that this request for consideration is an usual one? In fact, the one that I don't believe we have ever had the request. I don't think'-- know we have never responded to taking on the' maintenance and/or -- at least part-time ownership of a (landscaping in advance of a project, it's always been done as a phase of the°project'development and particularly the off -- off Broadway or adjacent right of way with the development has always been the responsibility of the HOA. Unless I'm wrong,1 I believe that's the position we are taking at this point and I, think that's the- answer we will need to convey. Do I see heads nodding otherwise? 1 see heads in agreement;- so -- I can understand the desire to have uniformity and consistency, but' getting back to Brad `antl David's earlier comments, is it fair and I think there is a lot of folks out there- that have invested in I andscaping and they develop projects that the city did not participate in, so I think our position is pretty clear. As the -- as the medians develop, I believe that's another 11: Meridian City Council +WorksViop Special Meeting. August 18, 2009 Page 19 of 38 question, because we do have medians and that is part of our plan. If there are to be `medians built, ACHD, I believe, indicates that an agency would probably have to maintain those, other than them, and certainly not an HOA. So, that's something that, you know, instead of waiting until the last mi nute„to resolve, I think we need to continue that dialogue now that it's started,,and not wait until a portion a median's already built, as has been done already. So, I think we need to. continue that dialogue as far as Tasa goes, that particular landscaping with Tasa and the roundabout and any other landscaping there I believe also should be part of the HOA responsibility. Anybody else have any other summation that they want to add that? ' Siddoway: Mr. President? Oh. Rountree: Steve. Siddoway: If [,might summarize andask one follow-up question. Clearly from my perspective the Tasa roundabout and the street tree landscaping would come with development. The -- and should hold off and not be maintained by the city. The storm detention ponds would only, be considered if �it were an ACHD owned facility. We have just heard testimony that it's not an ACHD owned facility, it will be an HOA, therefore, our position would be the HOA should maintain them. The -- I think we should consider as a city the medians specifically and in my -i- the only questionlis where there is only a small piece of medians in this specific project, should it,tie landscaped or should it hold off for additional medians to come as Councilman Zaremba suggested? Rountree: My thought in summation" is that it not be landscapedat this point in time, but the infrastructure in'terms of farming be'in the ground and under the road, so it can be irrigated and landscaped in conjunction with fat least another phase of development on _that roadway. For now it would be a�very small island in somewhat of a desert and I think that that wouldn't get to the consistency issue at all. Hoaglun: Mr. President, a question that -- I need clarification. What I heard when you were talking about earlier on that meeting was the fact that do we even have it at that particular curve at all? Are we looking to move it up towards the entryway `-- Rountree: Well, it's there. Hoaglun: -- and -- yeah. Rountree: It's been, poured and in place. Hoaglun: Okay.- So, that -- okay. Thank you. 1 Siddoway: Thank you, Mr. President. n Rountree: David, you had a question? f, i F t� t f: Meridian City Council Workshop Special Meeting August 18, 2009. Page 20 of 38 Zaremba: No. You answered and =- Rountree: Okay. _ } e Zaremba: -- summarized what I was thinking': ' t Rountree: Okay. Steve? i. f ry Siddoway; Oh, I was just saying thank,you. I think I have my direction. We will not move forward with any direction of maintaining landscaping }for street trees, storm detention: ponds, or roundabouts. We will ,,move forward in "the future, considering maintenance of median landscaping, but with the understanding that the median landscaping should not go in, with this project with the small piece that's being constructed today. Landscaping will be added in the future as other medians are added and`-- or considered with when adjacent development occurs aspartof the'South Ridge project-. 4; Rountree: I think that's clear. Phil, do you have any other comments or concerns? j Hull: No: Rountree: If it's confusing, let us know and we will try to straighten it out. Thank you. Siddoway: Thank You. Item 5: Department Reports: t A. Cross Connection Control Update by Richard Dees: B. All Things Transportation,. Presentation on Recent Involvement with Various Transportation Studies, Construction projects, Funding Opportunities and Priority Transportation Projects by Caleb Hood: Rountree: Next item on the agenda are two items related to �- oh, no. Excuse,me. Caleb, you said you needed two items for this one item and more time, so you have three items. I'm not sure you're going to have anymore time. Hood: Mr. President, I think -- I'm glad Item, A is going to 'be on another meeting, because I will probably- use more than 15 minutes. So, thank you for making that tchange this evening. The first sub agenda item has to do with just a checking in with you all and update my bi-monthly -- or every bother monthly check in with you regarding all things transportation. You should have received a memo"1 in your packets from myself and I'm not -- as it typical, I'm not going to run through every single item, unless you have questions about some of those things, but I do want to highlight a couple of those things in that memo .th'at I prepared for you. The firstithing is IMAP. Idaho Mobility and Access Pathways. There has been some confusion over this process. It's I r Meridian City Council Workshop Special Meeting August 18,2009 Page 21 of 38 a relatively new process.that the state has endeavored in with local jurisdictions, again, throughout the state. Its main goal is to coordinate public transportation and mobility services. The state is split up into 17 local mobility networks or'LMNs. We are in the 3- C LMN. It's a very large LMN and it includes six counties and they are updating this plan that was just adopted earlier this year, so this -- this whole process has been hurried and is already up for an update,,but, anyway, COMPASS staff is taking the lead on updating our local mobility access management plan. There was a meeting on July 27th held here.Yesterday Councilman Zaremba and I went to College of Western Idaho and attended another meeting where the sub meeting ,'group had got together recently over the past month or so and discussed strategies to address some of the needs that had come out of some of those sub workshops. And', then, on September 8th at 9:00 a.m. what they call the super.. RCC or the super regional coordinating council will be meeting in Boise to kind of prioritize the strategy. Now, what IMAP is not -- at least at this time is not a way to get your -- the projects into the funding system, it is a -- it's a larger level talking about communities can provide I alternatives means of transportation, aiming throughout the sub regions and eventually throughout the state, but it will feed into and determine eventually which projects get funded through ITD from those grants through the federal government. So, just a quick update on that: If you. want more, `1 have some more literature in my -- in my office' and can e-mail- things. They have a website, too, so I can direct you to more information. But that's hot right now. That's happening and staff is involved with that. Also, a couple of ACHD projects that I "just want to highlight for you. These are mentioned in the memo again. A lot of the projects that we are currently seeing in Meridian are vehicle registration fee funded. Community programs funded projects. This is the wave of the present. We are going to see more and more of these types of projects than your two mile road widening projects over the next -- well, the foreseeable future. You°will still have some intersection and. some roadway widening projects, but I think I heard the other day that they have about 33 to 35 community program projects that are in design construction at ACHD right now. So, they are using those vehicle registration fees and some of the safe up to schools and putting some of that infrastructure in.1 Those are. primarily 'pathway projects, pedestrian signalized projects, gaps in sidewalks, curb, gutter, sidewalks, those types of infrastructure gaps or needs type projects.. Al couple of them that are going on right now' are the Washington and Carlton sidewalks here in downtown.: I did want to highlight also the Linder -- Linder Road between Tully and McMillan -- so Sawtooth lies in that -- in that stretch. We not only have the Ustick !Linder intersection, which is being redone, we have a HOC signal -- and I didn't prepare Jany presentation tonight that shows what a HOC signal is. It's really new to the county. There is actually one in place right now believe' on Ustick near Cole right by the new library in Boise there, kind of a test case. Basically the pedestrian signal stays dark..unless a • pedestrian comes up to it and activates it, flashes yellow, goes solid. .yellow, red, flashes red once the pedestrian's cleared, so -- and you'll get a longer presentation on that, but there are going to be actually two of those on the Linder corridor, one at Tully Park and, then, the one on the north side by'Sawtooth and I can't remember, the road that comes out there across from .Sawtooth. But, anyway, there are two HOC signals and, then,tthey are going to fill in the gap of sidewalk north of Sawtooth up to McMillan, so they will have continuous sidewalk from the McMillan intersection at Linder all the say down to Tully Park. Now, { a Meridian City Council Workshop Special Meeting August 18, 2009 Page 22 of 38 you will have to cross, because, if you recall,[ on the south side of Ustick there is a pretty good ditch that falls off there, so you only have sidewalk on -one side; but it will be continuous and with those signals you `can get from A to B. There_ are some other -- other projects going on there that, again, are in the memo and I -- unless there is any questions on,those, I won't go into, anymore Idetails. I do also want to`highlight, though -- and I'm sureyou have probably all heard this by now, but the end of this month Congressman Minnick and Congressman Simpson will be in this room beginning at 3:30 to discuss transportation and,I did want to just highlight that for you real quick and hope that,you can make that. And, then, yesterday there was a discussion at the COMPASS board regarding development protocols for COMPASS staff. Won't want to spend, too much time, unless that's what you all want to do. I know you Have got other things on the agenda that- I only had 15 minutes. Maybe I'll just plant the seed now,, and let you know that COMPASS is developing, draft development review protocols and they have asked for input -- it sounded like some of the other representatives from other land use agencies were going to have internal discussions about those development review protocols, so I don't know what level you all want to have that discussion., I realize that most of you don't even know what I'm talking about at this point, but, again, I'll just let you know that COMPASS is talking about Ireviewing traffic impact studies' for larger projects or when a land use agency requests that they review a project for consistency with the long range transportation plan. I don't see 'this being` a problem necessarily. There is a discussion about whether COMPASS should have that kind of conditions or just make findings or what their role really should be. I think the bigger picture or the 'bigger need is -- and all I'm going to point out today, is that ACHD currently doesn't provide this service for member agencies of COMPASS. Now, ACHD does review traffic impact studies for projects, that meet a certain threshold, -but they aren't charged with reviewing them for consistency with Communities In Motion or the regional long range transportation plans. So, this is 'something different. The ,COMPASS staff is familiar with that plan and I believe can provide a valuable''input to the city or whoever is making a decision on land use or modifications to comprehensive plans. But, anyway, I just want to -- I wanted to let you know that that's out there and we can have further discussions. Maybe I'll pause for a'minute to see if the Mayor or Councilman Bird want to go into this any further at this point or if I should just move along_tonight. Bird: I don't want to go into it any further: Hood: Okay. Rountree: I'd give you one comment. If that's the direction they are going, it needs to be a simultaneous review, not one after everything else is done. t De Weerd: Yeah. Hood: Absolutely, Mr. President, Mayor,�and Members of the Council. One thing that -- that we are hoping for is that it doesn't slow yup the development review process. We, certainly don't want to add another layer of'review to this and, in fact, the protocols do have a pretty quick turn around for COMPASS'' -staff, so there isn't'a delay or at least do A I � e Meridian City Council Workshop Special Meeting August 18, 2009 Page 23 of 38 r everything they can to not delay a project from being heard in full -by a governing board, so duly noted. And the last thing in the memo -- or the last thing at least I want to touch and, then, I will deal with ACHD's five year work plan for the years 2011 to 2015, we are starting that process again. The transportation task force had a meeting; on August 6th to discuss this. Members from the school district or a member from the school district and three, parks commissioners were also present and joined in in that discussion. We do" a.draft recommendation to the,,Council for tonight. That's kind -of part B of the agenda item. So, before I jump into that I guess I'll pause to see if there is any of the projects that I didn't talk about in that first memo that you, would like some more information on or meet -- answer questions on or whatever your, pleasure is. Rountree: I see none. Go ahead and move on, Caleb. g Hood: Okay. So, I did mention the task force recently met and came up with a list of draft, roadway and intersection priorities for ACHD roadways, as well as ITD roadways, intdrsections, and -- or interchanges' -and overpasses. Those'were -- Anna, if you don't mind, can you -- the transportation task force used last year's list as a' starting point. The changes, I guess, that I'll call out from last year's1ist'are the ones that were under construction, so you don't see split corridor phase one on here, because that one's been completed. You don't see Ten Mile interchange on here because we are -- we are certain that that one is moving forward. So, there is projects that have been -- either are in construction or that have been completed or have been removed off of it with the -;- the other thing that's changed is I have taken out ITD's roadway projects, except where it goes from ACHD's roadway projects, so this list you see here is only ACHD's. jurisdiction. So, diose are your local streets and intersections. De Weerd: Mr. President? ,. t l Rountree: Madam Mayor. t De Weerd: You know, I think we need to print these off and maybe discuss this next week, get it back on the agenda, give Council and I a chance to really look at it. It was difficult to read on -- on this searchable document and I don't know if anyone else had had time to print it out and really read it, but I1-- 1 know f didn't, so -- Zaremba: I.cheated. I went to the transportation task force me ting, so .1 have seen it. De Weerd: Good for you. But, you know, I guess, Mr. President, if we could have a chance to look at this and maybe have it on department reportsnext week, so -- I don't want to waste your time or Council's or whol might have joined pus this ,evening, but we will have a better dialogue if we all have a chance to really look;at it. Unless you all are prepared and I'm the only one who is not. Rountree: Madam Mayor, I think that would be fine from my point of view. I don't know that in terms of staff time maybe they, are just going to want to delay next week, and get our comments on that. I don't know that,l'm would necessarily ask them to go through i 5 Meridian City Council Workshop Special Meeting August 18, 2009 Page 24 of 38 this yet one more time. I think we can take our recommendations. Bird: Yeah. I agree. Agree. Rountree: You all agree? Bird: I agree. Rountree: Okay. Caleb, thank you. >ur homework and do it and come back with Ir i I I Hood: Mr. President and Mayor, do you_mind if I just -- Rountree: No: Hood: -- set the stage for your homework. Rountree: Please do. Hood:. Just a couple of things to highlight in.this list, a couple of the changes. Really, there aren't a lot, quite honestly. Again, the'projects that were [constructed have been` removed. There is one other project that I j- that'I think I want to call up that doesn't show up on the list and that's the Ten Mile, Franklin to Cherry project. That project would have been number four on the list thattyou're going to review, but it doesn't show up on here, because the task force isrecommendingthat that project is so far advanced and'ACHD has basically committed to doing that project with the interchange, it ties into ITD's project with the Ten Mile interchange does the intersection at Franklin and, then, goes right up to Cherry, stops just short of: But that project is not on this list, because it is moving at a speed -- and, again, the commission has directed their staff to make sure that' that project happens with the interchange, that the task force was .confident that that project was -- although dirt is not moving as of yet on an equal. playing field with that or -had -- in effect had begun construction. t. De Weerd: Mr. President?' Rountree: Madam Mayor. t De Weerd: Caleb, was -- we had an ACHD representative there, didn't we? During that discussion? f Hood: Mr. President, Madam Mayor, Members of the Council, ACHD staff was present. They left for a large portion or basically when the transportation task force got in 3the meat of talking,about this list there was not an ACHD staff person present. M Meridian City Council Workshop Special Meeting August 18, 2009 k Page 25 of 38 De -Weerd: Well, I would suggest before we don't include it on our list,, make sure that they agree that that won't harm that project by not being on there. They may have started it, I just want that assurance. E Bird: I agree with you, Mayor. Hood: I will check. And maybe just -- sorry, I do have two more just bullets as you think about this, so you can know the changes from last year., The transportation task force does want to make a point to ACHD to say you should focus on corridors. Pick a corridor, finish the' corridor, move onto`the 1next corridor. Don't do a project here, a project there, but work -left to right, east to west, north to south, whatever, but work on one mile corridors, essentially. And s`o two corridors that stuck out for the°transportation task force as being important and had =-already being started, are Ustick-- Ustick Road and Ten Mile. So, Ustick, obviously, with the work done in Boise and Ten Mile with the interchange. They thought both of those projects were important. Ten,; Mile from the interchange up to US 20-26 being a key segment and, then, again, the portion completing the portion from. Boise three miles -- so, basically," to, Meridian Road. So, those projects -- there was five mile sections, three on Ten. Mile and two on Ustick that moved up in priority. Not to the top five or six where it really matters, but -- they did move lot 15 anyways. And, then, finally, there were five new projects , added. And, Anna, maybe if you could scroll down to the bottom of the list real quick. And I do apologize that when you -look at this on you r -=.on this compute`', it,doesn't look so bad. Otherwise, when you print it out the font is about an eight font and it's hard'-- it is hard to make out. But there are five new projects that have been added to the list and I will just -- I will just leave it at that, I guess, other than to say that four of the projects were added, because ACHD was -- it's already on their radar screen and they are moving through design, right of way, those types of things. Construction even for a couple of those projects. So, they have been added to the list, because they are on ACHD's list, basically.. The fifth one is Chinden-Linder, which isn't on a list, it's in the CIP, but that's, a pretty hot intersection these days. So, I thought that may garner some input from the Council as you review those, so -- I think that's it- and I will be ;here next week to hear your comments on that and, please, feel free ,to e-mail me, too`, or call: me if you have anything that comes up when.you're reviewing this that you'd like to speak `about. Rountree: Any comments?, ., Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just`add one comment. In reviewing this over the years, ACHD uses a priority system that's based�on a certain number of points and'our priorities are given points in their system. Only the first five priorities get any points. So, one of the comments that was made at the transportation task force meeting is those things that we select below the first five are really staging for what happens when the first five are completed, because they will move up. So, if that makes a difference to how people f "Meridian City Council Workshop Special Meeting' August 18, 2009 Page 26 of 38 I_ F interpret what we are trying to recommend to ACRD, the first five get points in their priority system and the rest are just planning for the future. Hood: Mr. President? Rountree: Caleb. Hood: Mr. Zaremba, I appreciate that. I do want to also point out that it's not just the first five projects, it's the first five projects in each category. So, your first five roadway projects, it's a hierarchy to your -- your number one project gets ten, eight, six, four, two. Actually, anything on your list gets two. So, it's really your top four that get bonus points. But -that goes for new intersections and rebuild intersections as well. So, each of those projects have that hierarchy of -- so, if you can keep that in mind -- thank.you and keep that in mind when looking at this as well, so -- Rountree: Caleb, I appreciate your comments about emphasizing the need to focus on corridors and complete corridors, instead of Having hour glasses and systems out there. With respect to Ustick, if the concept is to build Ustick to the west -- and, then, there is some difficulty .to the point they -got to now sin Boise and maybe some majordifficulty= r from that point west, it seems reasonable to'' me to think about that as a road that. -has three destinations. On the west end on the Boise, side, a few folks coming to Eagle Road, but the majority of the roof -tops; move them towards downtown Boise. West of Eagle Road there is a lot of roof tops that are, moving to Eagle Road and it seems to me that that 'could be a termini for projects on Ustick Road from Eagle Road moving west to take advantage of somewhat .of intersection improvements that have been done and in middle areas that lack of development that is there and probably with ease or -- it's never easy, but the less restricted access -- or less restricted the right of way acquisition. So, just something to add to your concept thinking on that: Thank you, Caleb. We will get you some answers next week. De Weerd Mr. President? r e E-, Rountree: *Madam Mayor. # De Weerd: Caleb, can you a -mail that to us, so we can have it in color, instead of a gray scale? r Hood: Absolutely. De Weerd: Thank you. Rountree: Does that complete your comments, Caleb? Do you need Hood: Yeah. I'm done. C. Overview of Proposed Project by Cyanergy for Nutrient Removal T 9, S. Meridian City Council Workshop Special Meeting August 18, 2009 Page 27 of 38 and Algae Growth Project for the Wastewater Treatment Plant by Richard Dees: Rountree: Okay. All right. Thank you.. Next item -- next two items. C and D. Five C and D relate to nutrient either removal or recovery and, Rich, I'm going to put those in your good "hands and you can introduce and talk about whichever portions you want. 5 Dees: Mr. President, Madam Mayor,_ Members of the Council,thank'you. With me today,. is Maxine Prior, she's the principal in Cyanergy, LLC, limited license --,limited liabilitycorporation. Is this thing working? It certainly is. There it is. Maxine came to us with a proposal to do a, pilot test at the wastewater treatmeht plant to do a couple of things. The first thing she wanted to do was,to grow algae to lower our phosphorus and nitrogen content ,in our wastewater, which is -a good thing for us. We were kind of excited about that, considering we know what's going to happemin the future. The other thing she wanted to do or demonstrate was to take that algae and squeeze and get I io fuel out of it. So, we have kind of a double 'edge sword here, which we are kind of anxious -to see how it comes out. She has al nine week program. She will be using our treatment plant as the staging area and plus a little bit of our lab. We wanted to introduce that to you and, then, possibly come back next week with a -- an agreement between us and her, which allows her to use our.. property and to -- and to bring the system online. I brought her here this evening to say hello and What you need to ask her is what Cyanergy means. t' Prior: Well, it's just a name. And--cyana bacteria is a marine algae, even though that's not the actual algae we are using in this case! but =- does anybody have any questions? .Rountree: Any questions for Maxine? Dees: We are real excited about the project. Hoaglun: Briefly, Mr. President, I'd just like to hear a little bit, about what the algae does that takes care of our problem. Prior: Yeah. Actually, this is a continuation of a project we have done at BSU for -- since about February,. which is the affluent from the wastewater treatment plant and growing the algae at BSU there in the %lab land the algae uses the nutrients in that wastewater stream and uses it to grow and we found that we measure it with the phosphate was what we were concentrated on. That's really limiting nutrient in its growth and once that's gone it's going to stop growing, basically,'so we concentrated on that and we got a really good removal from that-- removal of the phosphate is -- in our studies; -so, we wanted to continue that on -; and used a realtime stream it's probably going to act differently,-- the algae will act differently in that stream that we are going to use -- what we have used before was after the stabilization, so there weren't a lot of bacteria in it. What we are going to try here andrwhat.we'd like to try using it before that. r j I 4 9 s 9 Meridian City Council Workshop Special Meeting August 18, 2009 Page 28 of 38 d Dees: She`"claims we can "get between 40 and 50 percent reduction of phosphorus and nitrogen, which is -- which is a good thing for us. Prior: And was in about a 48-hour time'-- you know, hold up time with it contacting the algae there. So, that could change with a real; time stream and this is really just to`test and see what it's going to look like and I'm confident that it will look good,'but you never know. Hoaglun: And, then, to follow up, it removes 40, 50 percent if things work out or more or less,nwhatever. Then, what do you do with the algae? How does that process -- what's that next step in big picture terms? Prior: 'Right. The algae can be dried and pressed and thereis oil in it. We haven't actually done that in the lab yet, we have been concentrating on the nutrients, but you -- if you press it there is oil -= ther'e is oil inside the cells and also oil outside the cell that is used for bio fuel and there is a couple of:start-up companies that have actually started processing that. I'm not sure economically, they have come up - if their process is economical or not, but there is oil inside of that. It's a strain that we have got from UC Berkeley that is'-- has a'high oil content and they have proven.that, so -- Hoaglun: Great. Rountree: Any other questions? Hoaglun: Yeah. I was just going to comment. This is something that it's-- the research is their people are really focusing ,on this algae and the potential right now, so I guess we can be cutting edge. Prior: There is a lot of research going on out there, a lot of small companies, so -- really, the -- it's small scale at the treatment plant is =- it's information for me and I have been -in contact with Rick Ritter and the small business development center and applied for various federal grants that would -- :that would really -- really help in pushing that along. Dees: We are really excited about it. We think the results could be something that we could capitalize on, so we are very supportive of her endeavors., We will be bringing the contract back to you next week. Bird: Good. E Y De Weerd: Mr. President? Rountree: Madam Mayor. De .Weerd: I know that Rick Ritter is very excited about company and so I think this will be a great partnership. t this experiment and the Meridian City Council Workshop Special. Meeting August 18, 2009 Page 29 of 38 Prior: Thank you. a n Rountree: David. Zaremba: It does sound very interesting and very exciting. 'I .just would ask our legal counsel one question. When we have contractors or sub contractors in and around our wastewater treatment plant is there some kind of liability agreement athat covers us in case they fall in or -- should that be part of this agreement? Nary: Mr. Mayor, Madam President, Members of the Council, Council Member Zaremba, that -- it is part of the agreement.I We did work that out with our insurer and with this contract, as well'as the one that's following it, so -- Zaremba: Thank you. Rountree: Any other questions? I have a couple.' One, the algae, °is it a licensed or patented or -- Prior: It, is licensed through UC Berkeley and we have that agreement in place through Boise State to use it for research:, t Y Rountree: And utilizing the wastewater prior to the UV treatment, when you dry the product, is that a sterilization process as well? We are not going �to be moving pathogens in that stream? ' 9 Dees: No. We are not concerned about pathogens°°going where they shouldn't go, if that's what you're asking. Rountree: Right. x 9 y Dees: It will be -- we are very confident we can keep control of that, so -- t Rountree: Great. Prior: And, then, after it, gets out back in --it will go through the UV, that way it will all -- Rountree: Yeah. Okay. R r Dees: Everything goes through the UV system anyway, so it's nothing -- we are not by- passing any stream at all. i Hoaglun: It's not like the highway department tried to, you know, introduce kudzu to'do certain things antd it kind of goout of hand, you"know. In another state. Rountree: I'm glad it doesn't grow here. 6 t } Meridian City Council Workshop Special Meeting August 18, 2009 Page 30 of 38 Prior: And so we'll retain the algae: You don't want to lose it through putting it back in, so -= I'd rather retain it. - U6 Weerd: Yeah. Because there is a second market for that. r i. Prior: Right. Rountree: Very good. Look forward to seeing the agreement. Dees: Thank you, President.. Rountree: Thank you, Maxine. D. Agreement with Ostara Technologies for Nutrient Recovery Pilot .Study for the Wastewater Treatment Plant: Dees: Kyle is going to talk' about Ostara, which is another pilot, program we are sort of excited about as well, so, Kyle, you're there. Radek: Thank you, Madam Mayor and Mr. President, Council Member's, the Ostara nutrient recovery pilot study is the next item on the'agenda. Council has probably heard the term struvite before -- } 'De Weerd: Yes. Radek: -- and are familiar with the term enough to know that' it's kind of a problem. Struvite's a naturally occurring compound of ammonium and magnesium and phosphate that -- that solidifies in the waste stream and causes problems, with piping and it also happens to be a really good fertilizer and if you could take it out of the waste stream and process it, you would have an actual marketable, resource that serves to remove phosphorus and nitrogen from the waste stream as well. So:, there is a lot of good things that could happen if you removed it." The company Ostara has a proprietary technology for removing struvite, but as of yet'the past couple ofyears we 'really haven't been able to work out a pilot program that would. pencil out in terms of the funding required to get it going. So, we have just a -- a great opportunity here with the Pacific Northwest Clean Water Association annual conference that's going to be held in this area September 12th to the 16th and Ostara would like to come 'and set up a pilot slash -- they would like to present their technology as a demonstration project is the word I'm looking for for that -conference. ° So, we have an agreement with them to, essentially, provide the pilot testing for this technology Iat our plant for free and our staff would provide some in kind work that would help them set up and teardown their equipment and, then, our laboratory would do some testing for them. So, very, very small cost on our part' in kind work. So, it's really a -- like Rich° says, it's really an exciting thing to be able,to -- to explore this technology. So, the Public Works Department recommends that City Council approves" this Ostara nutrient recovery pilot. study ' with Ostara s Meridian City CouncilWorkshop Special Meeting v August 18, 2009 Page 31 of 38 Technologies that you have in front of you tonight for no cost and authorizes the Mayor to sign'the pilot study agreement. And I will stand for any questions. e E ± Rountree: Any questions? Bird: I have none. 4 Rountree: I don't either. I need a motion. ' Bird: Madam Mayor -- or Madam President -i Mr. President. F Rountree: Careful., I'm sensitive. Bird I move we a . rove Ostara nutrient and recovery s lot stud with Ostara pp rY P Y Technologies at no cost and authorize the Mayor° to sign and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to approve the agreement and authorize the Mayor to sign and -- voice vote? Roll call. Roll -Call: Bird ea; Rountree ea• Zaremba ea; Hoa lun ,Y ,Y ,Y g yed. F MOTION CARRIED: ALL AYES. E. Mayor's Office Strategic Focus Discussion by Mayor's Office: F Rountree: Next item on the agenda is the Mayor's strategic focus discussion. Madam Mayor, the floor is yours. De Weerd: Mr. President and (Councilmen, it's my pleasure to introduce,,the Mayor's office strategic focus plan and.tell you what we have been up to' of late and also part of what I will be doing is a combination of all of the different departments into one, so you're doing to see how it all comes into one plan tonight. I think you have probably seen this every month. It's.a reiteration of our mission and vision and you approved some of the -- the tweaking that we did earlier or over this last year. The values of -- our care values of customer service, accountability, respect, excellence in care. The Mayor's office goals and objectives. We do" have goals and objectives. So, I'm just here to say that we do have some reason for our insanity. We do want to be customer service leaders. We do work to engage the community and connect the community with different tools that I will explain toyou a little bit later. The Mayor's office does have.four employees with one part time. Community contacts. This has been a real focus of our -- of our department in looking at reaching =- reaching beyond the walls of the City Hall. So, this'is just an accounting of some of the numbers that we have coming out of our office. We do focus on our citizens, businesses, our homeowner's associations, and our stake holders and we do it in various ways, as you see in thisslide. This city clerk's . y s I Meridian City Council Workshop Special Meeting August 18, 2009 Page 32 of 38 N office -- this is just,an overview of their statement. This is their mission statement: They are the main support of the city for legislative and administrative functions for the Mayor and City Council and they are also the mayor office that has contact with our citizens, our businesses, and other governmental agencies. 'And 4i re e their activity statistics just to give you an idea of what consumes their days. They do have five full-time staff and, one intern. Economic excellence also falls under our umbrella and we contract that out through Verdis and Phil and Josh have been in front of you 'a number of times. We do also have Phil, junior, that's been involved in the core activities and a couple of other outreaches. And I'll go into more detail in this, but -- and I think you have seen this mission statement a number of times as well. On the highlights, I won't read you a list, but I did want to kind of reiterate a coupler of things. We had over a ' hundred plus people that participated in= the announcement of the branding and messaging of the core and I certainly appreciate that we had great representations from our elected officials. That sent a strong statement and I still hear comments about that today. The core has gotten the attention of the business community at the Department of Commerce and at the governor's office and they are looking, to us to be leaders in showing how these industry clusters really can create. synergy,and they are working -- actually; I talked to,the commerce director today Don Dietrich about'putting it ---a portion in one of their`marketing videos and they are very anxious and excited to do that. We do hope that that is done prior to any trips we make and that'smore in light of the trip that we have planned next month. So, the core- marketing summit also has been launched and there have been several meetings and conversations . since then and starting to package a. proposal of what the' core should look like, what membership would be,� starting the. nonprofit filings and those kind of activities: So, that is moving along as well. We have a draft of the creation of the sales innovation district that.was presented to you several months ago. That right now is being reviewed from the Department -of -- the College of Agriculture at'the University of Idaho. We have received comments from the representative that we have from INL and we should be rolling out that . draft here in the next several weeks. •- There were 400 business people that attended Meridian Business Day and I think we had good attendance from our Council members at that as well. That was a really successful offering and it continues to have a buzz in the small business community. They see =that the city is really stepped `forward and embraced the small business community and feel that we certainly have a stake in their success and we have shown that we want to be part of it and that -- that good will has gone a long way. One of -the other in"volvements'we have had ha°s been with the -- one of our local businesses has a monthly luncheon and -- and he will be -- he has asked the city to be servers next month a`nd so, we do hope that if you haven't signed up already, that you will sign up and join us at the -- that `networking event. And if you haven't been to it already -- who has been? Charlie, have you been? Rountree: I'm going tomorrow: Y Bird: But l'll.be there tomorrow. 1 De Weerd: Okay. I would highly --4P ., F ,.. Meridian City Council Workshop Special Meeting August 18, 2009,. Page 33 of 38 Bird: So we know what we- have to do -- September, `so we ought to be there. De Weerd:. So. -- and it's -- it's great food really good people that attend. so we need to know what we got to do in � r and great- networking. There is just some I Bird: 1 never pass up food. You know that. Zaremba: I signed up for September, but I'm going to miss tomorrow. b De Weerd: I wasn't going to say that, Councilman Bird. We do have' a new business and professional, group' meeting monthly with focus on leadership, education and networking and just a lot of good' stuff going on as far as our economic development outreach. Communication. This has been a lhuge focus of our office and we have seen many reductions in the news. coverage, ,primarily in print news and I think,we all know why. There has been real cutbacks in personnel, they just don't have the people, out there to get the coverage and so we -- we have stepped -forward and really taken a look on how we can tell our story and, using different mediums to --'to get those words out. This is how we communicate with our citizens. We have ramped up our communication efforts through the website. We have heard'a lot of positive feedback on that. Social networking has proven to be effective and I think that Luke has reported on that in his monthly reports on how that's being=received. In fact, I was ata meeting today -- oh, was at the Chamber luncheon and in our break ---,breakout group I had two different people refer to the Facebook postings, and they felt really. a stronger connection to the city, they liked the information that we push out there and havefgreatly appreciated the extra tools that we have provided to communicate. And as you will see in the next few months -- I'll get that -- this one a try and this right here is going on our envelopes for our utility bills. It` is an effort to really get people directed to our website. I really challenged both Robert and Stacy to say how can we start letting people know that the website. is available and all the different offerings we have to be informed as to what's going on in the community. We want to direct them to the `website. Each of our departments have newsletters -- it justgives us a much ' stronger base of getting information out to our citizens. So,,this will be on -- printed on the front our billings and, hopefully, it's -.- it's enough to get people's attention and we can,�again, direct that traffic through our website and maybe get them signed up -for the RSVP where we can push information out to those that want to be kept ihformed. And we have also gotten a lot of participation in our' customer comment cards. These we have listed a number of accomplishments and events that our office has either coordinated, been involved in, or helped initiate. The customer comment card has been a good, tool and we..have had both critical comments or certainly comments that we have ',felt we really need to respond to and we have -- it's also been a source of being able to: recognize our employees for their great customer service and so it's been agreat tool. Our social networking tools have been, as I mentioned before, very effective. Our Star legislation efforts did what -- we were successful. Wei hope to see theme utilized and' I know in talking to Center Cal, they still are heavily dependent on that. $o, I think that will be a very good tool. The Ten Mile interchange certainly has taken a lot of time and attention F ° 4. Meridian City Council Workshop Special Meeting August 18,'2009 Page 34 of 38 and we were thrilled to have that kind of, all accumulate into the groundbreaking ceremony, which launched a great project and the construction therefore. The core lunch, Initial Point Gallery, and the Nlayorfs CEO book club`, we just put out over probably just a couple weeks, ago our letters for this next.year. We have selected the books and we already have all the slots'sponsored, except one -.And sign-ups will start in a week. Last, year it was already filled up Eby the end of the day. So, it's been a very popular program and it's -- it's been supported by our businesskcommunity. I think you have seen this slide before in all of ours. These are our five focus areas that Council and our senior management team put together. Economic excellence focus ,areas. These are the definitions that were also collaboratively defined and as I had mentioned at the beginning of 'my comments, these are citywide goals related to 'economic excellence. So, it's not just Phil, Josh, and -Phil, Junior, or myself or yourself, it is a citywide effoh in how we all contribute to the economic development welfare of our community. Action items to some of these, these -- these fall;under our performance measures and we also have -- or, I'm sorry, our -- our goals and associated objectives. Then we put together performance measures, action items, who the leads are, the timeline, some of the measurables and so in isome of these areas action items are such as keep property `damage and loss to a minimum. Improve code enforcement coordination. Certainly, having an esthetically visual community has everything to do with economic vitality.. Create a vision for the northwest area. Funding mechanism that allows infrastructure --to keep pace with development and diversify our economic opportunities in our Comprehensive Plan. Strategic growth focus areas. Again, these arethe three points that were defined. There' are strategic planning sessions. And here are some of the -- the different strategic growth goals in the citywide plans. These are action items that are associated with that. Five year fund projections. Impact fee plan update. The development of the community development block grant action plan. Prepare land use transportation and design studies. Implement; training 'program for all departments. And provide high quality diverse education programs and activities. ` Again, that's not all of them, but I didn't thin k,you wanted to Bear every, single thing. Services meet -'demand. Here is a list of some of those areas that we have defined. Action items include increased capacity to manage complex and emerging crimes. Develop strategic plans for long term technology improvements by our information technology. Personal` visits with key customers to proactively address concerns, that's relationship building, and maintain response times of five minutes or less. Organizational excellence and focus areas. Again, defined by our management team. s. f Nice picture, Charlie. Rountree: Nice. Yeah. De Weerd: Our citywide efforts to achieve organizational excellence. Action items include create a..new employee recognition program. Enhance, -GIS capabilities. Best practices budget policy. Utilize technology to increase efficiencies." Payroll cycle improvement's. Increase online access to planning functions'.mand to create model programs that others can and would follow. Stewardship of the public trust. Being good stewards of the public trust is certainly one of, our most important focus areas. And this says you have and will continue to find its way into public discussion. These, again, are i Meridian City Council Workshop Special Meeting August18,2009 Page 35 of 38 ` some of those areas and I think that one offour biggest accomplishments over this last year and. we are working to transform those -- is under the transparency area. Right now we haven't .had a lot of interest from our public, only one organization that has consumed mass amounts of staff time and we will be working on -- with our legal team and -- in trying to figure out those that dominate our time where -- where, compensation is necessary and where it's not. Certainly maybe it's just because this is a newly launched program and it is working with a nonprofit organization that seems to be high maintenance right now, but I think that we are trying to -work through those in defining -- not taking one question and giving them a book for an answer, but'just answering the question. So, we have -- we have a little training to do on that. But that' ---that's been a really exciting one for us in bringing greater accountability and letting our citizens see what -- what truly we are- doing in our community. Challenges and opportunities. wanted to share a few of these areas and what we are looking at, how we can increase the way we can communicate: with the public, making meetings available via the video and audio and Luke has been busy doing a lot of that work and whatever we had on video, making sure, it's available on our website and streaming that on so people -can access it easily. Finding ways to brand outside of the Treasure Valley. That's certainly along the lines of our economic development efforts with the core and we hope at some point our northwest area,, that innovation district, looking for''economic development tools that will bring investment dollars into the area and those -- those are some of the things that we have been in recent discussions with and learning that the state recently -submitted another reiteration of their'! regional EB5 center and they have focused primarily on tech transfer and so we can use it to a certain degree, asi long as it fits under that, but that tech transfer is really focused on 1NL and the universities and so I don't know how we can work that with the icore. Certainly with the location of Idaho State University and the core, we will have some opportunities. We are exploring how when those relationships are developed, how we can capture that commitment and that business residing in Meridian; rather than somewhere else in connecting our community from east to west with a trail along the rail corridor and you saw that in Caleb's update and we have'a draft right now from Alta. 4 have -- I have given Robert some of our comments.to get back to Matt and so, hopefully, when it comes before you you will"have some -- something that gives us a strong direction on what we need to do, where the constraints are, what we -- what some,of those options are, so you get a comprehensive look at them. Questions? Rountree: Comments or questions? Bird: Mr. President? Rountree: Mr. Bird. Bird: I got a comment. Your staff, I believe, goes beyond the`call of duty most of the time. Anytime we have had outside activities where the city's involved most of the time all four of your staffs out there directing and stuff or -- or doing something and -- and the work they do for me as a Councilman] certainly appreciate, Tammy. I know they don't Meridian City Council Workshop Special Meeting' August 18, 2009 Page, 36 of 38 have to do it, but I certainly appreciate "everything they do outside. And it's not really part of their job description, but they show up to do it. I appreciate it:' Thank you. F De Weerd: Thank you, Mr. Bird. I can tell you `that I am very pleased and proud`to say we have a very, dedicated staff and it is to provide quality customer service, to be good stewards,.and examples to follow. This might save the Mayor's office, but it is a city office that should be an example and you are -- are just as much -- they need to be responsive and accountable to you, just`as much as to me. r Bird: And they are. De Weerd: So, I appreciate your comments; Keith, and I agree, they do go above and "beyond. Bird: Certainly do. Rountree: Further comments? Mayor, I just echo what KeithL said and say that, you know, the Mayor's office -- and we all understand this is kind of the face of the community and I think you just said it, is that you need to set }an example that we all strive to accomplish and set an example `notIonly _as a representative of the city -- what the city's.about, but set an example for the rest of the departments in the -- that make up the city. So, I appreciate the time and effort that you, as an individual, put in to make your, accomplishments and if you're to accomplish the,goals-you`have set for,your office, as well as your staff, it takes -- it takes a lot of work, it takes a lot of dedication, it takes,a lot of focus to try to accomplish those goals and. I think you have done a.whale of a job of doing that. So, thank you and your staff. De Weerd: Thank you. ' I 4al5preciate that. You know, we do get a lot �of difficult scenarios or citizen'situations and that sort of thing. But I will tell -you what, it's a team approach. We will get with the department , and those departments are equally responsive and I can tell you that I think that.�are city does shine, for the most part. know sometimes we -- we have our moments, but'l also can say we have the pleasure and honor to tell our city's storyand I think you can say not just, everyone in my office, but, everyone in -- on our senior management team and in the city knows we have a pretty amazing story to tell and we are very proud to be telling Meridian's story. So, we appreciate your leadership in giving us something positive to tell as well and that goes definitely to the financial situation, the budget constraints, and` stories that other communities have had the unfortune to be telling. We don't. And I am just proud to be, Meridian, so it feels"good. ,Rountree: Thank you. Bird: Very good report. Item 6: ORDINANCES: M 0 0 � Meridian City Council Workshop Special Meeting August 18, 2009 Page 37 of 38 A. Ordinance No. Authorizing the Conveyance of Real, Property, Approving a Purchase'Ag Agreement and Deed to Ada County Highway District: Rountree: Last itemon the agenda this evening is the ordinance 6-A and if we could have that read by title only. Holman:. Thank you, President Rountree. City ity of Meridian Ordinance No. 09-1426, an ordinance authorizing the conveyance of certain city owned, real property to the Ada County Highway District located at' 303 North Ten Mile Road, 6 portion of Ada County parcel number S1210449020 located'in the southeast one quarterof the southeast one quarter of Section 10, Township 3 North, Range 1 West, Boise "Meridian, Ada County, Idaho, authorizing the Mayor and City Clerk to execute and attest on behalf of the City �,of Meridian the., purchase agreement, deed, and other do'cuments necessary to complete -the transaction, providing for a,wa'iver of the reading rules and providing an effective date. Hoaglun: Mr. President Lad'by title. Anybody want to hear the Rountree: You have heard that ordinance whole thing? A unanimous no. Mr. Hoaglun. Hoaglun: I move approval of Item 6-A, ordinance number 09-11426 with suspension of rules. Bird: Second. Rountrde: It's beeii''-moved and seconded to approve the ordinance in Item 6-A. Roll call. A vote, please. Roll -Call: Bird, yea; Rountree,! yea; Zaremba,,yea; Hoaglun, yea! MOTION CARRIED: -,ALL AYES. Rountree: And now De Weerd: Mr. President? Rountree: Okay. De Wed& We do -have Coffee With The Mayor tomorrow at Gino's at' 8:00 'O'clock, so would invite you all: to join us for coffee. Bird: 8:00 o'clock, uh? De Weerd: Meet with yourcitizens. 1. Meridian City Council Workshop Special Meeting August 18, 2009 Page 38 of 38 Rountree: 8:00 until when? De Weerd: Frank? 8:00 until9:30. v - r Rountree: Okay. And, then, we have the networking function at 11:30 to 2:00 for those u who want to come and learn how,to do' it in' September and 2:00 o'clock is the Kleiner LL press conference on site out there off of Fairview. ' 4_ Bird: Are we going to start right at 2:00, Tam? I hope, because I have got a 2:20 doctor's appointment and .I'd like t6 be there for about ten or 15 minutes and, then, I will get --. Rountree: That was the word I got. De Weerd: Uh-huh. 1 °Bird: Uh? Rountree: That was the word I got. It would start right,at•2:00. A Bird: Good. t Rountree: Which means it will be about 2:10. 1 need a motion. ; Bird:, I move'we adjourn. Hoaglun: Second. Rountree: It's been moved and seconded to adjourn. All in favor. MOTION CARRIED: ALL AYES. Rountree: Thank you all. Good evening. s MEETING ADJOURNED AT'9:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) f , rrl/ 0/ � q TAMMY D W RD, MAl(,q O�'''%,I DATE APPROVED TT Li ulfAEMAN CITY CLERK '9p -`ter ��r • ,� r /����/lnrrrurn``•` i August 14, 2009 MERIDIAN CITY COUNCIL MEETING '`August 18, 2009 ' ary APPLICANT ITEM NO. 3-A i REQUEST Approve Minutes of August 11, 2009 City Council Regular Meeting T AGENCY COMMENTS - CITY CLERK: CITY ENGINEER: I _ CITY PLANNING DIRECTOR: CITY ATTORNEY x ` k CITY POLICE DEPT: j CITY FIRE DEPT: Y, CITY BUILDING DEPT: ' _ CITY WATER DEPT: a CITY SEWER DEPT: ' CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: - ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY s CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: a a INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: I Phone: Emailed: I -Staff Initials: E Materials presented at public meetings shall become property of the C4, of Meridian. i r August 14, 2009 VAR 09-002, y MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 3-B REQUEST Findings of Fact and Conclusions' of Law for Approval -- R-equest for a Variance to UDC 1 1 -2C -3A.1 for Porky Park.by VJ Joint Venture -- south of East Pine Ave and east of North Principle Lane AGENCY COMMENTS CITY CLERK: I CITY ENGINEER: I CITY PLANNING DIRECTOR: See attached Findings e CITY ATTORNEY CITY POLICE DEPT:` CITY FIRE DEPT: I` CITY BUILDING DEPT: CITY- WATER DEPT: , CITY SEWER DEPT: r CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY' CENTRAL DISTRICT HEALTH: f . NAMPA-MERIDIAN IRRIGATION: I i t SETTLERS`IRRIGATION: t„ 1 IDAHO POWER: US WEST: r INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: s OTHER: � Contacted: Date: Phone: Emailed: _ Staff Initials: I Materials presentedat public meetings shall become property of the City of Meridian. I I i t I From: Bill Parsons Sent: Wednesday, August_12, 2009 1:33 PM To: Bill Nary; Ted Baird'; Michelle Albertson; Machelle Hill; Tara Green; Jaycee Holman Cc: Pete(Friedman; Bradley E. Miller Subject: Porky Park FFCL and updated staff report for 8/18109 CC MTG Follow Up Flag: Follow up-. Flag Status: Green Attachments: Porky Park VAR FFCL.doc; Porky Park VAR FFCL staff report.doc Attached are the FFCL and updated staff report for Porky Park Variance. These items are scheduled to be on the City Council consent agenda on August 18, 2009. Please all or e-mail with any questions. Thanks, Bill Parsons Associate City Planner Meridian Planning Department 33 E. Broadway Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org 1. ' k w s 8/14/2009 CITY OF MERIDIAN I. FINDINGS OF FACT, CONCLUSIOr OF LAW AND DECISION & ORDER In the Matter of Variance to UDC 11 -2C -3A.1, to Nonindustrial Uses; the Applicant Requests 5 feet Adjacent to the Eastern Property Bound Subdivision No. 2, by VJ Joint�Venture. Case No(s). VAR -09-002 For the City Council Hearing Date of. July 28, Council agenda) w EFI-DIAN;''"%-1 which requires�a 25 -foot Landscape Buffer to Reduce the Buffer Width from 25 feet to iry of Lot'7, Block 2 in Porky 4Park i X (Findings on the August 18, 2009 City I A. Findings of Fact z 1. Hearing Facts (see attached Staff Report for the hearing date of July 28, 2009 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 28,,2009 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 28, 2009 incorporated by"reference) ' 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 28, 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 Cduncil 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. r e 3. The conditions shall be reviewable by the City Council pursuantto Meridian City Code § CITY OF MERIDIAN FINDINGS OF FACT; CONCLUSIONS OF LAW, AND DECISION &ORDER , CASE NO(S). VAR -09-002 -1- N 4: Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. w, 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 w the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the attached Staff Report for the hearing date of July 28, 2009 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and basedupon the above and foregoing Findings of~Fact which are Herein adopted, it is hereby ordered that: .1. The applicant's request for a Variance is hereby approved.. D. Attached: Staff Report for the hearing date of July 28, 2009. H i 3 CITY OF MERIDIAN FINDING_ S OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR -09-002 2 E B action of the Cit Council at its regular meeting held on the �a da of Y Y b'u g Y 2009. COUNCIL MEMBER DAVID ZAREMBA VOTEDy� l� COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED (J MAYOR TAMMY de WEERD VOTED (TIE BREAKER) k Mayor T a z �� �l ilei:, Attest: ,;�`��.�`� Of M r AL Jaycee Wman, City Clerk Copy served upon Applicant, The�>Y a� Attorney. r de Weerd i t 7 -0 1 Public Works Department and City 4 By: ' Dated: u I O } i y.Clerk's Office Y I . • I r. 4 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &_ORDER CASE NO(S). VAR -09-002. -3- Q. STAFF REPORT Oto] x Hearing Date: July 28,''2009 - Mayor and City Council , C E IDIAN�---- FROM: Bill Parsons, Associate City Planner (208) 884-5533 �„ t SUBJECT: VAR -09-002 - Porky Park t 1. SUMMARY PESCRIPTION OF APPLICANT'S REQUEST The applicant, VJ Joint Venture, is requesting a variance from an I -L (Light Industrial) zone dimensional standard liste&in Table 11-2C-3, which requires a,25 -foot landscape buffer adjacent to nonindustrial uses. The east side of this property is contiguous with a public school facility (a nonindustrial use), zoned L -O. In lieu of the 25 -foot landscape buffer, the applicant is proposing to construct a 5 -foot landscape buffer. 2. SUMMARY RECOMMENDATION f Staff is recommending denial of the subject Variance application based on the Findings of Facts and Conclusions of Law in Exhibit B of the Staff Report. The Meridian City Council heard this item on July 28, 2009, At the public hearing the Council voted to approve the subject VAR n, summary of u ity uouncu rupuc geanng: L In favor: { iL In opnosition:_None I iii. Commenting: Brad Miller t iy, Written testimony: None L Staff presenting application: Bill Parsons i yL Other staff commenting on application: None 1L Key Issues of Discussion by Councl: L Planting the required trees on the school property_. iL Maneuverability for tractor trailers! RL The amount of open space between the subject property and the school site. C. Key Council Changes to Staff Recommendation L The Council granted approval of the Variance based on)the Findings and Facts ,o Conclusion of Law attached in Exhibit B of the staff report 3. PROPOSED MOTION Denial After considering all staff, applicant and public testimony, I move to deny File Number VAR -09-002 as presented during the hearing on July 28, 2009 for the following reasons: (you should state specific reasons for denial.) k Approval ; After considering all staff, applicant and public testimony, I move to approve File Number VAR -09- 002, as presented in the staff report for the hearing date of July 28, 2009. (Please`state how the subject findings are met) Continuance After considering all staff, applicant and public testimony, I move to continue File Number VAR - 09 -002 to the. hearing date of (insert continued hearing date'here) for the following reason(s): (you should state specific reason(s) for continuance.) Porky Park'VAR-09-002 , PAGE 1 s 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South side of Pine Avenue and east of N. Principle Lane (Lots 6 & 7,, Block 2, Porky Park No. 2) Located in the southeast % of Section 9, Township 3 North, Range 1 East b. Owner/Applicant: VJ Joint Venture 3084 E. Lanark Street Meridian, ID'83642 c. Applicant's Statement/Justification: See applicant's narrative attached in Exhibit A. 5.� PROCESS FACTS' N a. The subject application is for variance approval as determined by City Ordinance. A public hearing is required before the City Council consistent with Title 11, Chapter. 5. b. Newspaper notifications published on: July 6 land 20, 2009 c. Radius notices mailed to properties within 3,00 feet on: July 2, 2009 d.. Applicant posted notice on site by: July 17, 2009 6. LAND USE a. Existing Land Use(s): The subject site is currently vacant developable land; zoned I -L. b. Description of Character of Surrounding Area Ind Adjacent Land Use and Zoning: The subject site is industrial zoned property suriounded by,a mix of single-family residential to the north vacant and developing industrial property; south and west and a public school facility to the east. 1. North: Single-family residential, zoned R-4 and R-8 2. West: Vacant Land, zoned I -L 3. South: Self -Storage Condos, zoned I -L 4. East: Lewis and Clark Middle School, zoned L -O c. History of Previous Actions: In 2005, the subject site was preliminarily platted and final platted as Porky Park Subdivision. d. Access: The subject site consists of two lots wilthii Porky Park Subdivision No. 2. Lot 7 has been approved with direct 16t access to Pine Avenue. Lot 6 takes access from N. Principle Lane, - designated -a local street. 7. UNIFIED DEVELOPMENT CODE The following UDC section is pertinent to this application: Table 11=2C-3: Dimensional Standards in the 1-L District: I 'Landscape buffer to nonindustrial uses (in feet) 125 I -L and 40 I -H 8. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: VARIANCE:The applicant, requesting variance a from an I -L zone dimensional standard . g a a e listed in Table 11-2C-3, which requires a 25 -foot landscape buffer adjacent to nonindustrial uses. The subject site is bordered on the east by a public school facility, zoned L -O. Based on the Porky Park VAR -09-002 k # PAGE 2 Y k current use of the adjacent property the UDC requires a 25 -foot landscape buffer: In lieu of the - required 25 -foot landscape buffer, the applicant is proposing to construct a 5 -foot landscape buffer. It is important to note the shared property boundary is also impacted by a 20 foot wide irrigation easement; entirely on the applicant I's- property. Regardless of the buffer width, any improvements within this easement will require a license agreement from Settler's Irrigation District. Staff has attached'the proposed landscape plan (submitted by the applicant) depicting the i 5 -foot landscape buffer as Exhibit A4 below. The applicant has stated in the narrative the reason for the request was based on several factors. The first being the distance between the existing school building andthe future building. The second factor sites the location of the existing (access point to Pine Avenue approved with Porky Park Subdivision No. 2. Currently the site is vacant. However, the applicant is proposing to construct a 25,200 square foot flex building. 'Once constructed the future building will be approximately 55 feet from the property line shared with the school property. The, middle school is approximately 200 feet from the shared property line. Further, only an access road and open space exist between the shared property line and the school. The applicant feels requiring a 25 -foot buffer between the two uses is unnecessary because most of the activities (i.e. play fields, drop off area and parking) occur w away from the shared property boundary (see Exhibit A2 below). On the recorded plat, tot 7, Block 2 has been prescribed'a 40 -foot wide shared access point to Pine Avenue approximately 16 feet from the eastern property boundary. The current location of this curb cut also prohibits conformance for a portion of the 25 -foot wide landscape buffer. A reduction to the landscape buffer is warranted in this area; however the remainder of the property boundary should conform to the 25 -foot landscape buffer in'accordance with UDC 11 -2C -3A.1. According to UDC 11-3B-9, the purpose of the landscape buffer is tolensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact!Staff does not believe the future use on the property will impact the adjacent school property. Because the buffer is a dimensional standard in the UDC, the applicant's request cannot be reviewed through alternative compliance; thus a variance has been requested. µ I VARIANCE FINDINGS: Per UDC 11 -5B -4.E, in order to grant a Variance, the City Council must be able to meet the following findings: 1) The variance shall not grant a right or (special privilege that is mot otherwise allowed in the district: 2) The variance relieves an undue hardship because of characteristics of the site; 3) The variance shall not be detrimental to the public health, safety, and welfare. -Staff has reviewed these findings and believes that granting a Variance for the reason requested by the applicant would grant a right or special privilege to the applicant that, is not otherwise .allowed in the district. The site is currently vacant and an existing structure or conditions do not preclude the applicant from complying with the UDC except for the -location of the access point to Pine Avenue. , Further, Staff finds that there are no undue hardships that would prevent the applicant from developing the site with a 25-f6ot landscape buffer except for the portion along Pine Avenue which is impacted by.. the existing- access point approved with Porky Park Subdivision No. 2. Staff is supportive of a reduction of the landscape buffer for this portion of the development however the remainder of the property boundary should conform" to the 25 -foot landscape buffer in accordance with UDC I I -2C -3A.1. '_ Porky Park VAR -09-002 I i PAGE 3 If Council should decide to grant the Variance, Staff believes the reduced buffer would not be detrimental to the public health, safety, and/or welfare however, staff is recommending a minimum buffer width of 15 -feet to coincide with the location of the access point adjacent to a Pine Avenue. 9. EXHIBITS A. Drawings 1. Vicinity/Zoning MaV, 2. Aerial View 3.Recorded Plat 4. Proposed Landscape Plan 5. Applicant's Narrative B. Required'Findings from the Unified Development Code a g. i Exhibit A - Page -1 c Exhibit A - Page 2 z* A S 3. Recorded Plat -c K c� N p Y Cl 4 f0 4' z :731 i V ?JN -!7 C o c= qy Yg. iz° Id 01 13uld 310c � m8 g = ` ° ZOL ,i i 1 N �.rery oi_c�tvcana8 <s'scz �id MNO TI yam, r .60,MM s� � fls 16Z M b' If'ffY. M -80 WAC S ° I I W 69L <Wm ? Id 01 lzulJd - IN 2 (J` 9. �I _ ^ (VM .Y .OQW 5 O a h O W O'^si 8 CO �Qy WI CO 0 M O 2! � � � ly©*X Q Df0 I Iz L) / U. 0U. 30m m L........_........... .0 6.1 am CC Q Vg W_ W; 911 CtL 561 1` 3 -i LU mIRS ? yr I' I cc s I I00. CO �,i t .80.00.00 N ' Exhibit AG Page 3 9 N N0 5 r_4 /Cr ., N U N d ,l it H 0j 9NNY39 Z10 S{sve 0m �,€m 'OO.W 5 OM ,W.VON 370V3 N T/O G 0 r � m F i g i n" yl�a�si&p ' I I m R I ':V � f 3.55.8£.005 --- {_ E T-- Ell "l I � i Z 49'l69 N $I I cgia Y; i ab r � m F i g i n" yl�a�si&p ' I I m R I ':V � f b ` 4. Proposed Landscape Plan _ AVF nt r E ` i! M9 MIA Li.'c7r 1 4.,tt► ]•� i 33.4`A '-1,`6G. 4iM• r /i0 19G ' _IR".A ?il'A� L I� t-�iG1F 3 ✓lalpk �`l I } �Pi € I.iRIAH8LC8 ' 4L I;' 7YRIch1. , !} I I j2,TA- 7 TYIMr.AL .74•'1.. 1MA € ^{, � I � zlxYfi 41M ..afr'm.. Imm i 7&68 / .AMJ Z, 'mr •lrYKY I� = ,.4,= � 4,W-" I w a ' i � PEL9 SWIL1711id � I - a I I , a."m I ,. o ...IIA}• I F}•A p .. I?4• I —lttA Ld I t')• I hal: ,Fa_f � 1 3 . ` i ' ,�,. •..,I:PA NOME: rLAki swww i i 'y 3 •: ALOE* "SOVM / tr' LINE \, YI110k aT.".1m 4GN" 1"I "IftT b f § nu A%ftj% TO THE wvNmmo . ,-4411' 3,4.". F416 ,51116. a'• 3AEr F''i.'oy �„!•. ,.4-i"b .�i l .i.CN jj I j a^•, 30' - LPA " I t IMA9 LANDSCAPE PLAN TIAL FEWREMEM G. P118 AJEk4G$ Rf. _ � t � A r w a � 4 r t t r . a Exhibit A - Page 4 4 5. Applicant's Narrative W a VJ Joint Venture - East Pine Avenue Buildino Variance Application NArrative VJ.Joint Venture is" requesting a variance from the required 25' landscape buffet between IL and LOzoning. We are proposing to construct a 25;200sf Flex industrial Building on two lots which are contiguous to the west property line of the Lewis and Clark Middle School just north of the new Storage Condo development. The nearest school building sits approximately 200" to the east of the common property line and the proposed new building will sit 55 feet from the common property line so there is approximately 255' between the two buildings. The area between the property line and the nearest school building consists of lawn and an 'access road. There are no classrooms overlooking this area and there are no parking areas, student gathering areas or recreation areas. It only lawn and the access road so there is nothing to buffer. In addition, ACRD has prescribed the number a� d location of access points from Pine Avenue and those designated access points are fixed and recorded on the final plat and cannot be changed. The location of the ACRD designated Pine Avenue access point for the subject property starts approximately 10' from the common property line between the school and the subject property which eliminates the opportunity to construct the 25' landscape buffer. Due to the fact that the access point from Pine Avenue cannot be changed `and given that there is 255 feet between the school building and the proposed new building, a landscape buffer would serve no purpose even if A were possible for it to be constructed. is r We ask that the City Council grant this variance requesting that the 25' landscape buffer requirement be waived and allow a mininium of the standard 6 feet of landscaping in an IL zone. Exhibit A - Page 6 T X. i. i "T V LE 0 Required Findings from the Unified Development Code (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-513-4.E of thIe UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege -that is not otherwise allowed in the district: The Council finds the requestedvatn to allow the required 25 -foot landscape buffer to be reduced to 5 feet, does not grant a special privilege to the subject property. B. The variance relieves°an undue hardship because of characteristics of the site; The Council finds there is an undue hardship that can be relieved by the granting of the variance because a portion of the site along Pine Avenueris impacted by the existing access point approved with Porky Park Subdivision No. 2.Further, there is an existin:� L_._:,-..1:__ 77 -------- _—,. L_ ..L..__,] .-��•�!..a_. L_._.-.7..�. �L..� ��„_.: ,7.... C. y -.adequate buffering,between the subiect property and the school site. Future structures are not to'be placed over such easementsmaking this a natural buffer between the two uses. 14 TTTIn yin -2 A 1 a The variance shall nbt be detrimental to the public health; safety, and welfare. The Council finds allowing a 5 -foot landscape buffer adjacent to the eastern property boundary would not be detrimental to the public health, safety, and/or welfare. Based on the existing design of the school site, most of the activities (ie. play fields, drop off area and parking) occur away from the shared property boundary. k Exhibit A - Page 7 A { r. I. M August'114, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 3-C REQUEST Water Easement Agreement for Kennedy Commercial by DBSI "Meridian 184, LLC i t' AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: r 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: k IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: DaIte: Emailed: Materials presented at public meetings shall becc a � t COMMENTS See attached E o: Y c ti r Staff Initials: me property of the City of Meridian. C�/((IER,I DIAN IDAHO Internal Memo To: Becky Licari From: Steve O'Brien CC: File Date: 7/31/09 Re: Kennedy Commercial Subdivision Lot 11 Please forward the attached memo and council approval and signatures. Thanks 0 Page 1 i Mayor Tammy de Weerd City Council Members: t Keith Bird Brad Hoaglun Charles Rountree David Zaremba 3 ), Block 1 Water Easement sement to the City Clerk's office for city I 7 r From the desk of... Steve O'Brien Development Analyst Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 887-2211 Fax: (208) 887-1297 Mayor �"ar�rn�r de Wee rd T City.Council Members: C� E ID IAN Hoa Bird .,�".,, 4 Egad l-ioaglun Charles Rots etre rIDA, 110 David Zaremba InternAl Memo ft Jaycee Holman; Tara Green Frain:..: Steve O'Brien CBCs.` Fid Dad&:` 131109 Re: Proposed Agenda Item for Next Available City Council Meeting The Development ServiE- Divisi6n of the Public Workst s - •e- s+areouests the 'following item be placed s R Available City Council• s- s. for Council's consideration: ,axognision.! i m.a tot itry pq�E�t1I ill#�i4'i� i�'t3-i�I!Il�eilY�Tl�sln_��ie�itslCsl�i+E has j=qss to water.- s co= this s that when this lot divels:s in the'future.csr to Recommended Council a • Develloprnent Services Division of PtMc Works Department recommends that City Council approve this water easement with DIEISI Meridian you • your consideration.Please contact me should you haVe any questions or concerns ► • ♦ this item. From the desk of— crerwo D: Waft OeparVnert .6D 0 Idaho »K»• (20IS) 887-2211 Fax, (206) 867-1297 r. 1 0 Page 1. ADA COUNTY RECORDER J. DAVID NAVARRO } AMOUNT .00 5 - `BOISE IDAHO 08/18/09 01:33 P_ M RECORDVidd ED REQIUEST OF III IIIIIIIIIIIIIIIIIIIi11it11111ll111 Meridian Clty 109097167 WATER MAIN EASEMENT THIS INDENTURE, made this I day'of *-& 20 6 between DBSI Meridian I84 LLC an Idaho Limited Liability Company, the parties'of the first part, and hereinafter called the "Grantors", and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the "Granted"; WHEREAS, the Grantors desire.to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipelinel'to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of -way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement'and right-of-way unto the said Grantee; it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement PBA Waterline Easement to Parcel A effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties the day and year first herein above written. GRANTOR: DBSI Meridian I84 LLC an Idaho limited liability company By: DBSI 2006 Land Opportunity Fund LLC an Idaho limited liability company Its: Member By: DBSI Land`Development LLC an Idaho limited liabbi company/ Its: Manager fust part have hereunto subscribed their signatures By: Dou . Swenson, Managei STATE OF IDAHO } ss: County of Ada ) On this �_ day of� 2009, beforeme, the undersigned, a Notary Public in and for said State; personally appeared Doug L. Swenson, known or identified to me to be the Manager of DBSI Land Development LLC, which limited liability company is known or identified to me to be the Manager of DBSI 2006 Land Opportunity Fund LLC, which limited liability company is known or identified to me to be the Member of DBSI Meridian I84 LLC, and acknowledged to me that he executed the same on behalf of said limited liability company and that said limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set�my hand and affixed my official seal the day and year first above written. I .••— F I T2 fir-''••. V • • �� •' �pTAR �. ••� cP • l'UB 41�' ,•��•�9TF OF Water Main Easement Notay Public for Idaho 4 My commission expires: PBA Waterline Easement to Parcel A t GRANTEE: CITY OF MERIDIAN .01 Tammy de W ayor F SEAL _- 9 � Attest b Jaycee L. HolmanCity Ci Clerk %90T ts� • �0 Approved By City Council On: STATE OF IDAHO ) ) ss County of Ada ) On this 1 day of AuV* , 20 09 , 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. •,Sp M •� . 11 OTARY PUBLIC FOR IDAHO (SEAL) Residing at: ('0j d c&SA _t . YD I Commission Expires: hac Water Main Easement PBA Waterline Easement to Parcel A T -O ENGINEERS Project No: 09043 Date: August 6, 2009 Page: 1 of 1 EXHIBIT "A" Water Easement' Description Lots 9 & 10, Block 1, Kennedy Commercial Subdivision A 20 -foot wide strip of land being a portion of Lots 9 and 10, Block 1, of KENNEDY COMMERCIAL SUBDIVISION, filed in Book 101 of Plats, at Page's 13409-13412, Records of Ada County, Idaho,. situated in the SE'/4 of the SW'/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, ,described as follows: COMMENCING at the Northeast corner of Lot 10, Block 1 of said subdivision; thence, along the easterly line of said Lot 10, A) S.00°26'33"W., 252.19 feet to the POINT OF BEGINNING; thence, leaving said easterly line, I l) S.89-28'1 0"E., 10.00 feet; thence, parallel with the easterly line of said Lot 105" 2) S.00°26'33"W., 339.37 feet; thence, parallel with the southerly line, of Lots 9 and 10, Block l of said subdivision, 3) N.89°07'53"W., 20.00 feet; thence, parallel with easterly line of said Lot 10, 4) N.00°26'33"E., 339.26 feet; thence, , 5) S.89-28'1 0"E., 10.00 feet to the POINT OF BEGINNING. Said strip of land CONTAINS: 6,786 square feet (0.156 acres) SUBJECT TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any Encumbrances. P31 11 0 or/tet c to lk. ' HA09043\WPfiles\Easement Descriptions\13AA-Water Easement Desc.doc 9777 Chinden Boulevard Boise, ID 83714 _Phone (208),323-2208 Fazc,(2081323c2399 . www.to-engineers.com Aviation I Transportation I Land Development I Landscape Architecture I Municipal I Water Resources I Surveying P i + E^ i EXHIBIT "B" -WATER EASEMENT SKETCH A PORTION OF LOT 9 & 10, BLOCK 1 OF KENNEDY COMMERCIAL SUBDIVISION LOCATED IN THE SE Y4 OF THE SW Y4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M. CIN SOF MERIDIAN, ADA COUNTY, IDAHO 11 r------ ---OINT. OF', EXISTING P — COMMENCEMENT 25.00' PUBLIC UTILITIES I IRRIGATION AND NE COR. LOT 10, I LANDSCAPE BUFFER BLK. 1 UNE TABLE UNE BEARING DISTANCE Ll S89'28' 10"E 10.00' L2 N89'07'53"W 20.00' L3 S89 -28'10"E 10.00' �1/ rn r7 M io N cn EXISTING 25.00' SEWER EASEMENT INSTRUMENT NO. 107093616 AND INSTRUMENT NO. 108080949 :POINT OF BEGINNING 1 10.00' 0 20100' pL LA NAD0 50 100 200 300 S\o�sL STf,p�. �` _ 7316 ` E3 T -O ENGINEERS 9777 CHINDEN BOULEVARD qrf OF vo �~ BOISE, IDAHO 83714-2008 �FY H Mrc PHONE: (208) 323-2288 FAX: 12081 323-2399 E-FLE: H:\09043\ExhB-Water Easement DILE 8/06/09 JOB:09043 11 PROPOSED -PARCEL "A" PROPOSED -PARCEL "B" EXISTING 10' PRESSURE 1 �_IRRIGATION EASEMENT - . (I 20' -WATER EASEMENT ' LEGEND LOT LINE M WATER EASEMENT LINE L PROPOSED PARCEL LINE M I _ EXISTING EASEMENT LINE co N I o ANGLE POINT 0 Z I EXISTING SEWER AND WATER EASEMENT INSTRUMENT NO. 108080948 I-------------------I r _ _ �1/ rn r7 M io N cn EXISTING 25.00' SEWER EASEMENT INSTRUMENT NO. 107093616 AND INSTRUMENT NO. 108080949 :POINT OF BEGINNING 1 10.00' 0 20100' pL LA NAD0 50 100 200 300 S\o�sL STf,p�. �` _ 7316 ` E3 T -O ENGINEERS 9777 CHINDEN BOULEVARD qrf OF vo �~ BOISE, IDAHO 83714-2008 �FY H Mrc PHONE: (208) 323-2288 FAX: 12081 323-2399 E-FLE: H:\09043\ExhB-Water Easement DILE 8/06/09 JOB:09043 11 August 14, 2009 ` MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 3-D REQUEST Change Order No. 13 with Idaho Sand and Gravel and Primeland Development Co. for -Adjustments to Final Construction -Cost Associated with Ten Mile / McMillan Road Intersection for $11,010.00 AGENCY COMMENTS CITY,CLERK:, f CITY ENGINEER: See attached , CITY PLANNING DIRECTOR: CITY ATTORNEY CITY °POLICE DEPT: CITYFIRE DEPT: CITY BUILDING DEPT: t CITY WATER'DEPT: } CITY SEWER DEPT: I. jt CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: i a SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH:fi NAMPA MERIDIAN IRRIGATION:., SETTLERS IRRIGATION: IDAHO POWER: US WEST:. INTERMOUNTAIN GAS: f MERIDIAN POST OFFICE: OTHER: E , Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Mayor Tammy de Weerd City Council Members; E IP(L IAN Keith Bird . �'�' Brad �Et�alu s Charles Rountree IDAHO _ David Zaremba To; Jaycee Holman; Tara Gin From:.. Bruce Frecldeton, Development Services Manager CC: Fid e Date: 4/W07 Re: Proposed Consent Agenda Item for August 18, 2009 City Cd`undl Meeting The Development ServicesDivision of Nblic Works Departmentpectfully requests - i • • be • e• on - August 009 C4ty.Coundi Consent Agenda, for Council's consideration: Ck.9irba OrderL4 VA i.: t.tn r. i • • ♦ f ! - i:• f^. 1. _ i! w �■ _ ._ a r �,' z. .w ! •• ^_-..• -ate.���+,ta5,:�!eUzi+�si�-iu•a-.is.�1[i1+n�nr�w;i��•r:�i.��ifi+,ieL =S.�= - r . s Intersectioni -this change orde'r increases the inal oDntfacied price of constlVdion associated with the Ten Mile — McMillan Road intersection Water Main Extensio0rom $58,815,65 to $69,825,65, an increase of 1 ! i! The Development Di visiondetermined that the cost increase was a reasonable • justifiable w"nse,and therefore should be eligible f• inclusion in the overall reimbursable amount payable to Primeland Development 'Co. LLP,, in accordance f provisions of the Cooperative• Reimbursement Agreement• enteredfirst ♦ • !!: • • be •.• • _ percentage of the connection fees within Primeland's•' - • Volterri South•• • Recommended CouncilAction:0wpDivision of the Public Works DepartmentCouncil thli approveChange Order the w of $11,010.00, and direct M s.: Departmentto prepare s.- an addendum to Cooperative Construction an• RaImburebmatAgreement with PrImeland Development;Co., LLP to reffid the final projed costa. Thank you f6r your,consideratl0m. Please contact me should yoti have any, questions or concerns riagaivilng this itern. From ft deft of.. Onm A. Frsckkdan [Nvw1*pmw* $wYlws NlwwW Pubk Wa is DWSritnertt 33 E. SmsdityAyerw% Sulde 102 Mb*ftn, WWW 83842 (208) 8WMWO Fax 208)887-1207' CHANE ORDER43 PROJECT: Ten fist lVlalvlillan IWersectiQn Water Main Extemion DATE OF ISSUANCE: 2%27/2009 BFFECtVE DATE— DEVELOPER.: P imeland DeVelopment Co, LLP CONTRACTOR: Idaho:$W- and:.CTmvol HNGTN .. Quadrant Consulting;:Ino. Page I of 2 Y.bu a.,re directed to nmkethv:foUowiug cbawgos'in the Couiaci DmumentL Attachemon*..: "d4 DotO, CHAI!1t 1.IN CO1�1TRAls3 PRICE C NGE:IIY FrMIRA,lt"t TOM Origin Contract Price original Coau"t Times Suwtawa cbmpletioni M des $58 8;15°65 1 ;ay for Final payment Iso aXs aess�a et,Cbaages fiom previous Ordo - No, 1. t6 No 12- Net C' ftes fticptevious Chwv Ordemt4o. Ito 1& 12 $0Q0 u. ConuadPrim Priorto th Chmp.- )rdar Conttaot Prisa l'noz tb ti s (,'iuuige O daY $S-8 X15.65 Substantial completion: Ready, for Final P$xme�rt: l" . abicxca$(demodofago 014°x) NkTtwmoa domwe-oftws:Chengwordet'} Contract PFtcetu bi alIed`C ge hers aPP�' CoR� Tkw with all';aP000+ oo& Mors $69,825..65 SubstwaW Compledon:, PM. -135 Ready!_Par Fm fl Fay rieati Sys -15Q: APP OM BY CITY ()F'11+[E,` ow By: �a Cavi — Date: 161 -,p t 14 IDAHOSAND & GA"El 'amN; l©"38 t34.Q 'Co�pt�t{ng PAX! (200) 999-IM3 NION 'EM G as - She lWr: X, 40mq.;4 kl .wniddw ftfogOwka Av4uOtfor.Change,on3liOAWOwftOPWProj=tParftibelowMOditcripiion,. nMjL-.You.Tor y -OW M (Ifto-OA : iis.ma:E 'S Y kaf n iy gp sti4rlsfil :s�lY at 6 ROS-.. Re�poat%i115��zte�1« c4: Pusssll )� vgib Brill l�hbns (4ASi +4�i6=50�� _ � August 14, 2009 3 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 3-E REQUEST Task Order No. 0805a with CH2M HILL for Engineering Services Related to the Sidestream Nitrogen Removal Pilot Test for $51,093.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See dttached w 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: a NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: u 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. x Mayor Tommy de Weerd "V40im1wilum"M E IDIA Kefth Bird N IDAHO Brdd Ho"kin I L Charles Roumrse Public David Zoremba Works - Department to: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, Assistant City Engineer DATE: 08107109 SUBJECT: COUNCL AGENDA ITEM FO K AUGUST I'S, 200 The Public Works Department respeWully requests the following item be placed on the Adgust 18 City Council agenda, under Consent Agenda, for Council's consideration: Ta. sk Order 0805a with CH2M HILL for %1gineering services related to dg� the �itream Nitm2en Removal Pilot Test. CH2M HILL has completed a report for the sidestream nitrogen removal study that was approved by council at the January 6. 2009 meeting. This study was initiated to explore alternatives to reduce effluent total nitrogen concentrations at the plant which will benefit the reclaimed water program arid could potentially increase wastewater treatment plant capacity. Post aerobic digestion was the recommended alternative and this task order will pilot this process to'demonstratb improved total nitrogen removal using post stabilization of digested. solids. The task order will be paid using funds from the Enterprise Fund for Consulting (60-3500- 55103) itecommended Council Action: The Public Works Depailmeirlt recommends that City Council approves Task Order 0806a for the Sidestrearn Nitrogen Removal Pilot Test with CH2M HILL for $51,093 and authorize the Mayor to sign It. Thank you for.Your consideration. Please contact me if you have any'questiont regarding this item. Page I of I 1. `! l , a h TASK ORDER NO.880Sa I UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is°entered into by and between City of MERIDIAN (OWNER) and CH2M H9,L, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachments A and B`for the Scope and Fee for Task 0805a. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. dated this N day of AML&I ' , 2009. By: Name Title For City of Meridian 44- dated this : day of 2069. : 4 By: �a Tammy eerd, Mayor Attest: Jaycee Ho City Clerk PjAipffig Date C - Aij-4, "l, /09 Public Works Date Task 'Order 0805a Attachment A Sidestream Nitrogen Removal Pilot Test Project Understanding in anticipation of possible future NPDES effluent limits for nitrogen and current reuse permit limits, the City of Meridian (City) wants to evaluate several technologies to address its nitrogen -rich recycle flow, principally from'the centrate flow stream. Post aerobic stabilization of anaerobically digested solids is the chosen technology to remove nitrogen in the centrate flow stream This process is new and innovative and CH2M HILL recommends pilot testing to demonstrate improved total nitrogen removal using aerobic post - stabilization of anaerobically digested solids. Also, the pilot test will demonstrate to stakeholders such as DEQ that bioaugmentation with biomass from the post -aerobic digester will allow stable nitrification to occur at an SRT that would typically be too low to achieve stable ammonia removal. This scope defines the protocol of the pilot test and the estimated costs. Pilot Study Overview Two pilot scale process trains for nutrient removal'will be compared, one test train and one control train. The process trains will be built to mimic the configuration of the full scale secondary nutrient removal process at the Meridian Wastewater Treatment Plant. Both process trains will be operated at an SRT too low to achieve complete nitrification for the duration of the pilot study without bioaugmentation. A pilot scale post -aerobic digester will also be built and operated to achieve simultaneous nitrification/denitrification. One nutrient removal process will be bioaugmented with nitrifiers from the post -aerobic digestion unit and the other will not. Goals ' 1. Demonstrate that post -aerobic digestion will reduce the dewatering centrate soluble total nitrogen,concentration by at least 501/6 through operation -to achieve simultaneous nitrification and denitrification without supplemental carbon source addition. 2. (a) The bioaugmented process train will achieve lower effluent ammonia concentrations at an SRT near the nitrifier washout condition as compared to the control train, thus demonstrating the ability to run the main plant at the lower SRT while still meeting {its nutrient removal goals. (b) Biomass from the bioaugmented process train will have a higher nitrification rate (mg/VSS/hr) than the control further demonstrating bioaugmentation. I Scope of Work CH2M HILL will perform tasks as outlined below. Task 1 Post Aerobic Digester Setup and Start -Up CH2M HILL personnel will be responsible for the set up of the pilot post -aerobic digester and for the start-up of the system. The pilot test will be set up in unused space' in an existing building near the active digesters. CH2M HILL will provide the -materials for the set up of the pilot test. Two process trains will be built, one test treatment train and one control treatment train. Both process trains will be constructed to mimic the full scale secondary process at the Meridian wastewater treatment plant. - r The post -aerobic digester will be started first with fully aerobic conditions to achieve nitrification. The proposed initial biomass seed is mixed liquor from the secondary process. The high ammonia concentrations of the anaerobically digested solids are expected to cause toxicity problems with the un -acclimated secondary process biomass. Therefore, the loading rate of digested solids to the post -aerobic digester will slowly be increased until the full desired loading rate is achieved. Complete nitrification will be achieved at every loading rate before increase to allow gradual acclimation of the nitrifying organisms to high ammonia conditions. Alkalinity addition will likely be required to maintain stable, complete nitrification during this period. Once stable operation of the fully aerobic digester is established, the dissolved oxygen concentration will be decreased until the low DO concentrations reduce the nitrates and nitrites to the desired target level, while still maintaining nitrification. The primary goal of operation at low DO concentrations is the achievement of simultaneous nitrification/denitrification in the post -aerobic digester for total nitrogen removal. However, nitrite oxidizers are more sensitive to low DO conditions than ammonia oxidizers (i.e., the oxygen affinity constant for nitrite oxidizing bacteria is greater than that for ammonia oxidizing bacteria). Therefore, with the appropriate reactor conditions, nitrite oxidizers could be washed out of the system resulting in total nitrogen removal via nitrite. This latter item is an operational goal since the oxidation to nitrite and subsequent denitritiation of nitrite to nitrogen gas is both more energy efficient and requires less carbon. a Task 2 Post -Aerobic Digester Operation CH2M HILL will be responsible for implementing the proposed process changes. Treatment plant staff will be responsible for operation of both process trains after start up and between process changes. Treatment plant.staff will be responsible for the operation of the post -aerobic digester after startup. The post -aerobic digester will be designed as a single flow through tank Once the post aerobic digester achieves stable operation, the reactor will be fed constantly at the target loading rate for the duration of the pilot study. No significant operator attention should be required. Before bioaugmentation of the test nutrient removal process train begins, the effluent of the aerobic digester will be wasted to a drain. Once bioaugmentation begins, a pre -determined fraction of the effluent of the digester will be fed into the anoxic zone of the test process train. Phase 1: Both trains will be seeded with biomass from the secondary process mixed liquor. The, trains will then be fed continuously with primary effluent. Both process trains will be operated without bioaugmeritation at a low SRT (assumed to be 7 days). The process trains will be operated for 3 SRT9 (21 days) without bioaugmentation. Phase 2. The biomass from each process train will be mixed and redistributed., and bioaugmentation of the test process tram will begin Both process trains will be operated for an additional 3 SRTs: the test process train will be augmented with biomass from the aerobic digester while the control process tram will not. Batch experiments, described below, to determine the nitrification rate of each process tram before and after bioaugmentation will be performed to further demonstrate enhanced nitrification capacity using bioaugmentation. I Parameters Measured During times when CH HILL is responsible for pilot operation, CHM 'FULL will also be ale for taldng samples for analysis. Similarly, during times when treatment plant staffs are responsible for pilot operation, treatment plant staff will also be responsiNe for Wang samples for analysis. All necessary lab work will be performed by treatment plant staff or their designated lab, which will provide CH2M HILL with the results of, analysis. In addition to the parameters listed below, a sludge sample from the post -aerobic digester should be sent to the manufacturer of the treatment plant's existing centrifuge to evaluate how centrifuge operation might change with the change in solids properties. , TABLE I Measured pameters Parameter Locatlon(s) FrequeM Dissolved oxygen Each process train reactor 5 times per week ORP Aerobic digester- 5 times per week PH Each reactor, and aerobic digester 5 Imes per week Temperature Each reactor, and aerobic digester 5 Imes per week Alkalinity Aerobic digester influent Daily during startup of digester Process train influent Otherwise weekly - I Ammonia Process train Influent Daily during start up and after Process train affluent (test and control) Wocess changes Aerobic digester Influent 3 Imes per week Aerobic digester effluent Nitrate and nitrite Process train effluent (ted and control) 3 times per week AeroWdIgester Influent -Aerobic digester affluent Soluble COD Process train Influent 3 times per week Process train effluent (tad and control) Aerobic digester Influint Aerobic gIRpster effluent TABLE 1 Measured ffameters Parameter Location(s) Frequency Soluble Phosphorus Process train effluent 3 times per week Aerobic digester influent Aerobic digester effluent MLSS and MLVSS Secondary biomass (test and control) Weekly with additional samples Aerobic digester influent during start up Aerobic dinester biomass Nitrification rate Secondary biomass(test and control) Duplicate measurements at the end of Phase I Duplicate measurements at the end of Phase it Task 3 Report Preparation and Final Workshop CH2M HILL will prepare a draft report on the information developed in the first two tasks of the project. A review meeting will be conducted to discuss comments on the report. Comments will be incorporated and a final report will be issued. Task 4 Project Management Project management will consist of: • Supervising project staff, • holding consultant staff coordination meetings as required, • documenting meeting decisions and action items, • assigning activities to team members, • monitoring project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion, • monitoring project activities for potential changes, anticipate changes when possible, and with Owner approval, modify project tasks,budgets, and approach, • preparing and submitting a monthly billing with backup documentation, • performing project quality control reviews of deliverables on this project. J I I Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of. Effort Task Dwcdptton Total Task 1 PM System Setup and startup $21,872 2 Pilot System Operation $13,034 3 Report Preparation $11.414 F 4 Project Management $4,773 Summary - All Tasks $51,093 All costs will be billed as time and materials basis not to exceed the value above. All work will be completed and costs will be billed in accordance with the Master Service Agreement dated January 1, 2007. Sdiedule We recommend piloting to start m the fall so that the pilot study can observe the biological treatment in cooler weather. a Pilot System Setup and Startup 4 weeks after NTP Pilot Test Operation Completed 8 weeks after startup Report Delivered 4 weeks after completion of test i i August }14, 2009 i MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 3-F REQUEST 'Permanent Easement Contract for Timothy & Karen Tomasko for Construction of a Pressure Relief Valve (PRV) for $3,537.27 r AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING. DIRECTOR: CITY ATTORNEY E CITY POLICE DEPT: . CITY, FIRE DEPT: CITY, BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY'PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADAICOUNTY HIGHWAY DISTRICT: A SANITARY -SERVICE -COMPANY 1 s CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: " w US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian, r i i ' I Memo To: Becky Licari From: Roxanne Holland, Staff Engineer 4-(10 Date: August 5, 2009 Re: Proposed Agenda Item for August 18, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placed on the August 18, 2009 City Council agenda, under Consent Agenda, for Council's consideration: i • Permanent Easement Contract for Timothy T. & Karen L. Tomasko. A permanent easement contract has been signed by the Tomasko's for the construction of a pressure relief valve on their property as part of the Pressure Zone 1 project. The contract has a total easement cash settlement amount of $3,537.27, which will be paid using funds from Waterline Extensions (60-3490-96140) i Recommended Council Action: The Public Works Department recommends that City Council approves the permanent easement contract, addendum and legal documents for the construction of the PRV on this property for the Pressure Zone 1 project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. I I I • Page 1 AAOftqk 3 ADA COUNTY REMDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 08119109 01:33 PM, DEPUTY Vicki Allen III IIIIII�IIiI"II�"I,II�I�IIII (�� RECORDED-REQUEST OF 109097168 Meridian City I PRESSURE REDUCING VALVE EASEMENT THIS INDENTURE, made this W' day of L)S} 20 OA between Timothy T. Tomasko & Karen L. Tomasko , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: , f WHEREAS, the Grantors desire to provide a Pressure Reducing Valve (PRV) right-of- way across the premises and property hereinafter particularly, bounded and described; and WHEREAS, the PRV is to be provided and to be constructed by others; and WHEREAS, it will be necessary to maintain and service said PRV from time to time by I the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey i unto the Grantee the right -of way for an easement for the operation and maintenance of a PRV over and across the following described property: (SEE -ATTACHED EXHIBITS A and,B) The easement hereby granted is for the purpose,,of construction and operation of a PRV and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such, facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the, parties hereto, that after making repairs or performing other maintenance, Grantee shall estore the area of the easement and adjacent "property to that existent prior to undertaking such.repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures; trees, brush, or perennial shrubs or flowers within the area described for this easement; which would interfere with the use of said easement, for I the purposes stated herein. THE GRANTORS hereby' covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then; to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a- part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby 'covenant, with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof, against the lawful claims, of all persons whomsoever. IN WITNESS WHEREOF; the said parties of the first part have hereunto subscribed their signatures the day and yea + first herein above written. STATE OF IDAHO `) ) ss County of Ada ) _ F On this 3� day of�y�S , 20� before me, the undersigned, a Notary Public in , and for said State, personally appeared -MI& :f4k2&5/r0 , known or identified to me to be Timothy T. Tomasko and Karen L. Tomasko, respectively, the persons that executed the within instrument, and acknowledged to me that such persons executed the same. IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official seal'the day and year fist above written. NOTXRY PUBLIC FOR IDAHO Residing at: 1-141 601—,-vAg j Commission Expires: 01 ,i GRANTEE: CITY OF MERIDIAN I � b j i Tammy de We ayor t t A t by Weee o man, City Clerk Approved By City Council On: 0111110 7 •, o SIKAL Nd •�N• l � STATE OF IDAHO, ( ) ss• County of Ada ) On this �� day of 20before me, the undersigned, a Notary Public in and for said State, peosonally appeared TAMMY DE WEERD and JAYCEE HOLMAN., known to me to be the, Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and,who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. s•,• ' 1Vi� G,1p�',•• (SEAL) :•ti`% �P,,�•; NOTARY PUBLIC FOR IDAHO I t f (JU�JI t i � � • Residing at: � LU -IA {---j Commission Expires: EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PRESSURE RELIEF VALVE (PRV) An easement for water line pressure relief valve purposes located in the SE '/ of Section 34, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SE '/ from which a brass cap marking the southwesterly corner of said SE '/ bears N 89°43'00" W a distance of 2640.72 feet; Thence N 89°43'00" W along the southerly boundary of said SE % a distance of 1263.56 feet to a point; Thence leaving said southerly boundary N 4'l 8'58" W a distance of 25.08 feet to the POINT OF BEGINNING;. Thence continuing N 4°18'58" W a distance of 20.06 feet to a point; Thence N 89°43'00" W a distance of 40.39 feet to a point; Thence S 0°17'00" W a distance of 20.00 feet to a point; Thence S 89°43'00" E a distance of 42.00 feet to the POINT OF BEGINNING. This parcel contains 824 square feet (0.019 acres) and is subject to any other easements existing or in use. This description was prepared from record information obtained from the Ada County Recorder's office. A field survey was not performed. Civil Survey Consultants, Incorporated is not responsible for any errors or discrepancies a field survey might disclose. I Prepared by: Glenn K. Bennett, PIS Civil Survey Consultants, Incorporated February 19, 2009 W 4! �I I1 Z� WW z� ID Nv �00oz M a00,L1:0 i i� l� w O h b I' ao a� Al PROJECT: DESCRIPTION: FILE: M:\09002\TOMASKO\SURVEY\CONTROL.CGO UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: 1 10000.0000 Backlight point: 1 10000.0000 Backsight Bearing: N 00°00'00:0" E iI Remarks: Tomasko Easement Thursday, February 19,2009 9:03 AM PAGE 1 10000.0000 10000.0000 Distance: 0.000 TYPE FROM TO DIRECTION DISTANCE NORTHING EASTING INV 1 3 N 89043100.0" W -1263.560 10006.2484 8736.4554 INV 3 10 N 04018158.07 W 25.081 10031.2580 8734.5679 INV 10 14 N 04018'58.0" W 20.065 10051.2658 8733.0578 INV 14 13 N 89043100.0" W 40.391 10051.4655 8692.6673 INV 13 12 S 00017100.0" W 20.000 10031.4657 8692.5684 INV 12 10 S 89043100.0" E 42.000 10031.2580 8734.5679 INV 10 3 S 04°18'58.0" E 25.081 10006.2484 .8736.4554 INV Perimeter 3 is: 1 S 89°43'00.0" E 1263.560 10000.0000 10000.0000 2699.737 Area is: 823.910 Square feet 0.0189 Acres Area has been reset. City of Meridian 33 East Broadway Ave., Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Pressure Zone 1 Parcel # and Owner. 50434438900 — Timothy T. Tomasko & Daren L. Tomasko Date of Offer: Febtu�y 26, 2009 THIS RIGHT-OF-WAY CONTRACT, made this day of 2009, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Timothy T. & Karen L. Tomasko, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Potable Water Easement included herewith as Exhibits "A" and "B": NOW THEREFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE Lacres) ($/Ft') FACTOR(S) Permanent Easement 0.02 $8.45 50019s 53,537.27 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $3.537,27 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for the permanent easement: X Cash Payment* in the amount of $3.537.27 O Donation value of the easement $3.537.27- *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract rioted in Item i above. 3. GRANTOR also agrees to provide the City with a 0.10 acre temporary construction easement adjacent to the permanent easement for the purpose of constructing the proposed PRV and related incidental work. The temporary construction easement shall expire upon completion of the PRV., 4. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the Llocation, grade, construction and maintenance of the proposed sanitary sewer and potable water line. 5. The parties whose names appeal below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors an4assigns and the subject properly to the terms set forth herein. INWITNESS WEREOF, the parties have executed this contract the day and year first above written.- a- - Crff OF By: emcee Holman, City Clerk '/�Cj' v Date approved by Council: 8 l $ —0 t August 14, 2009 MERIDIAN CITY COUNCIL MEETING --,,August 18, 2009 APPLICANT ITEM NO. 3-G REQUEST License Agreement with Nampa & Meridian Irrigation District to Cross thel Ten Mile Drain for Ten Mile Road , AGENCY COMMENTS CITY CLERK: CITY ENGINEER:- See attached " CITYI PLANNING,DIRECTOR: , CITY, ATTORNEY I CITYLPOLICE DEPT: l CITY FIRE DEPT: CITY�BUILDING DEPT: CITY WATER DEPT: kf CITY�SEWER DEPT: CITY PARKS DEPT: ° f MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 'SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: I NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ur I r IDAHO POWER: G US WEST: I 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. ° I � V` c r r E IAN 1% IDAHO I Wq,rk6.DePartm`tnt MW*r Tcmmy d* Wee M Cav Cowan "emb"* Keith 81rd Brad Hoa0un Ch0d194 ROUrktrOS tkwid Zcavmba Mayor Tammy de Weerd Members of the City�Council' FROM:, - John Boyd Engineering Technician 11 DATE: 815/2009 rt SUBJECT.- LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT TO CROSS THE TEN MILE DRAM, TEN MILE STUD DRAIN, KENNEDY LATERAL AND EIGHT MILE LATERAL WITH A RECLAIMED WATER LINE AND A TRUNK SEWER LINE IN CONJUCTION WITH THE ACRD TEN MILE ROAD PROJECT. I RECOMMENDED ACTION AMove W 1. Approve the t License Agreement with Nampa & Meridian; Irrigation District to allow installation of a.Reclaimed Waterline in Ten Mile Rbad that crosses the Ten Mle Stub Drain, Kennedy and Eight Mile Laterals and a Reclaimed Waterline and Trunk Sewer line that cross the Ten Mile Drain in- Franklin Road. These will be installed in conjunction with the ACRD Ten Mile Road Project from Franklin to Cherry Lane, 1 Authorize the Mayor to sign the agreement. DEPARTMENT.CONTACT PERSONS Tom Barry, Director of Publi.c Works 489-0372�. Warren *Stewart, PWIEngme—efing Manager 489-0350 Kyle Radek, Asst. City Eqgineer 489-0343 'Clint Worthington, Staff Engineer (Project Manager) 489-0349 ItAl T III. DESCRIPTION A, Backstround 1.- Any time our facilities cross an" irrigation district canal, we mint have C permission from the appropriate -district to install them prior ti construction.. This License .Agreement complies with that requirement. lV'. IMPACT A, Stra W� gImttact; L There is no Strategic Impact fram this action. r B. Service/I elivery I'rn act 1. Without approval of this License Agreement the installation of the abovernentioned utility lines cannot take place. This would cause a reduction in water and sewer services to residents east of Ten Mile Rd. And the Ten Mile Interchange will not be fed with Reclaimed Water, C. Fiscal impact. 1. There is no Fiscal Impact from this action. E 4 . V. ALTERNATIVES t rA. Not Applicable I Vl. TLME CONSTRAINTS i A, Not Applicable VII. LIST OF ATTAC'HMENtS f A. Nampa & Meridian Irrigation District License Agreement IF E ` ,Approved for Council Agenda: ' I Toro Barry, Director oiPublic Works gate ' F r .r, 40LAW r _ CHARTERED LAWYERS c sMAd P CISth.4:NCl`td: t ti c • Seats P f w:l;( "id Harngwrgsasr 1 (n 8aassas S'. y4eau?rx Jul � 28, 26009 lmno C" R' L YS4C$ Nati' W. Runyan �. T-U-B Engineers. Inc. , 250 South Beechwood avenue, Suite 201 Boise, Idaho 83709-0944 Re: Request for License Agreement with Nampa & Meridian Iri-igatiori District Dear Mr,,Runyan: f Enclosed for review and signature is the original of the above-referenced License Agreement you requested on behalf ofthe City of Meridian, s , The License Agreement ni,& be signed and notarized as indicated, Do not date page one of the License Agreement. Ifthe„original is executed and returned to me by August 12, 2009,1 will be able to submit the license° agreemen=t to the District's Board of`Directors for approval and signature at the Board's°zrext meeting on August 18, 2009. The District will have the original recorded and I will return a copy to you, L , =4 Please contact tate if you have any quesi:ions or comments regarding this matter, Yours very truly, 3 i S. Bryce Farris S'BF:kw r Enclosure ii i M JULG` ;� 09 E by.,.-- �E 455 South Th rd Stii= r'o sox 2773 Boise, Idaho 33701 208,342.4591 FAX 208.342.46,; w %xi C!gerttawcom „a _ • a �s�e,.s�.:.a3 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 78.00 26 BOISE IDAHO 09/07109 02:17 PM ! I t RECORDED -REQUEST OF ��� 1r�irir�iir�irirriErfr��r�rii Il rll Nampa Merldlen Irrije Ian Dim 109102687 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this —I-- day of S p. g fie 2009, by and amongNAMPA&MERIDIAN IRRIGATION DISTRICT, an irrigation district org nizedandexistingunder and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of-wayfora reclaimed water line and trunk sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the District owns the irrigation ditch or canal known as the TEN MILE DRAIN, TEN MILE STUB DRAIN KENNEDY LATERAL AND EIGHT MILE LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing construction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terns and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE, forand in consideration ofthepremises and ofthe covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's casement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 1 This agreement pertiins only to the Licensee's modification of said ditch 'or canal or encroachment to the District's casement for,the purposes and in the inanner described herein, the Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in`this agreement without first obtaining th6 i�ritten permission ofthe i District. 3. Each facility ("facility" as used in this agreement tncans any object or thing of any nature installed in or on the District'seasemen't by the Licensee or the Licensee's predecessor in interest) shall be Icon constructed, installed, operatcd,,maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 1 4, Licensee agrees to construct, install; operate, maintain and repair each facility and conduct its activities within or affecting the Dikrict's easement so as not to constitute or cause: a, a hazard to dv , person or property; b, an interitipfioh orinterference with the flow of irrigation water in the ditch or canal or the delivery of iffigatio'n water by the District; 1� cl an'increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidcnce'of soil within or adjacent to the casement; C. any other dam'age to the District's casement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any 'of the Licensee's construction or activity which'constitutcs or causes any. of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other dam I age to the easement and irrigation works which may be caused by the construction, i . nstal lation, operation, maintenance, -1 ,repair, and any use or condition of any;! facility. 1 6, Licensee agrees that thi work performed and the materials used in sucl+ construction shall at all times be subject to inspection by the District and the District's engineers, and - that final Acceptance of such work. shall not be made until all such work and materials shall have been expressly -approved by the District, Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the Districts option, to remove any facility installed by the Licensee and to repair any alteration, by the Licensee of said ditch or canal and the casement therefor which does not comply with the terms of this agreement,, and to remove any impediment td'the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any -time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for 'such purposes, If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise of its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the Districi for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other wbrk.'except that in cases of emergency the District shall attempt to give such notice as reasonable undei the circumstances. Nothing in this paragraph shall create or support any claim ofany kind by Licensee or any third party against the District for failure to exercise the option's stated in this paragraph, and Licensee shall in(femnify,, hold harmless and de&nd the District from any claims made -LICENSE AGREEMENT - Page'2 J . L against the District arising out of or i1clating to the terms of this paragraph except ibf claims arising solely out of the negligence of the District, f Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the 'Subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this I s agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directiv'corotherrcquircment. or the jurisdiction ofany federal, state, or other agency or official to the District's ownership, o0ration. and'maintenance of its ditches, canals, drains, irrigation works and facilities which did'not apply to the District's operations and activities prior to and without execution of this agreenient: In the event the District is required to comply with any, such requirements or is subject to thejurisdictionof any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shallindemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdictionor, at the option of the District, this agreement shall be of no force and effect and the Licensee 'shall cease all activity and remove any, I facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/ore)(pensc (including reasonable attorney's fees] incurred by; or asserted against, the District by reason ofthe negligent acts or omissions of Licensee or its agents, contractors or subcontra&ors in performing the construction and activities authorized by this agreement." 110. The Licensee agrees tha't the Wirict shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature wbatsoevcr'which the Liednsce shalt install on the said caserrient area of the District inthe reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal.- The Liccrisce further agrees to suspend its use of the said casement area when the use of the casement area is required by the District for maintenance or repair, under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto Without the prior written consent of the District. Nor'shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, constructor place any ! structures, pathways'or landscaping within the District casement without the prior written consent of the DiArict, I I V 12, Should either paity incur costs or attorney fees in connection with efforts io enforct'the provisions of this agreement, whether by institution of stiit,or not, the party rightfully enforcing or rightfully ,resisting enforcement of the provisions. of this agreement, or the prevailing party in case suit is instituted, 'hall be entitled to reimbursement for its costs and reasdnablc attorney fees from the other party'. 13. The parties hereto und6itand and a&cc that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, not to grant any r,9111, in its irrigation works and system incompatible with., the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles, 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses ofsaid ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terns and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terns and conditions ofth is License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17, Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall retrain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, al I of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. kbAAAA40. NAMPA & MERIDIAN IRRIGATION DIS ICT C o ,� ` ear y Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN By ATTEST: ,`,`{`t{ttrrp of: oaq STATE OF IDAHO ) SEAL _ y M ss: 'F, fis County of Canyon ) OT ISI • C"n... On this -�— day of trIN 51*� ,before me, the undersigned, a Notary Public in and for said State, personally appeared Cli ton . rie and Daren R. Coon, (mown tome to be the President and Secretary, respectively, ofNAMPA &MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal, the day and year in this certificate first aiJ6QX0B9Qjga. STATE OF IDAHO County of Ada C. ,eoeC�) 00 li� 000e0000�OL a 0° 'PT A.R $ o� °O000e000000 )ss°oo o 0$ge�o°s Notary Public for Idaho Residing at Idaho My Commission Expires: `I%vl.% _a zk 2, On this jTday of , 2009, before ,=, the un er igned, a notary public in and for said state, personally ap ah eef and fe- ';111N known to me to be the � and �f� ,respectively, of a CITY OF MERIDIAN, the political subdivision and municipality that xecuted the foregoing instrument, and acknowledged to me that such entity 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 ag�bc6vp vjntten. ®° °© 0 T4 m �, Notary Public or ® Residing atlip m1 My Co�runissionExpires: LICENSE AGREEMENT - Pads EXiJIBIT A Leg! Description _A right-d'f- - way for 4sewer trunk and reclaimed water line located within the road riihi-of-way for Franklin Road and Ten Mile Road 'Ifi Sections 10 and 11, Township -3 Noith, Range I West. B, M , Ada County, Idaho, EXA181T C' Puipqsc of License The purpose of this LicertseAgrectnent is to permit and approve Licensee to: construct, install, nidintain and repaii an 18 inch sewer trunk across and under the Ten dile Drain and within the District*s'easement at or near the intersection of Ten Mile Road and Franklin Road: -n 2. construct, install, maintain and repair a 12 inch reclaimed water pipeline across and under the Kennedy Lateral indwithin the District's casement within thc, road right-bf-way for Franklin Road, west of th'O intersection of Franklin Road and Ten Mile Road; 1. Construct, install, maintain and repair a- 12 inch reclaimed water pipeline across and under the Ten Mile Drain and within the District's easement within the road right -d -way for Franklin Road, east of the intersection of Franklin Road and Ten Mile Road, and 4. construct, install, maintain and repair a 16inchreclaimed water pipeline across and under the Ten Mile Brain, en Mile Stub Drain and Eight Mile Lateral and within the District's casements within the road right-of-way for T6 Mile Road, north of the intersection of Franklin Road and Ten Mile Road, all within Licensee's right-of-way described in Exhibit A, located within the road rights-of-wayforTen Mile Road and andFranklin Road in Mcridiah,'Ada County, Idaho. No othci construction or activity is Permitted within or affecting the Teti Mile Drain,- Ten Mile Steib Drain, Kennedy Lateral or EighiMilt Lateral or the (District's easements. EXHIBIT U Special Conditions a. The construction deschbed in Exhibit C shall be in performed in accordance with certain plans consisting of twelve sheets relating to the reclaimed w4icr pipeline and six sheets relating to the sewer trunk, all of which arc attached hereto as Exhibit DA t and by this reference incorporated herein, The Licensee recognizes and acknowledges that the license granted in this agreement ent by the District pertains only to the rights of the'District as owner of an easerne"tet. The District has no right or power tet create, rights in the Licefisce affecting the holder of title to the property subject to the District's casement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee -shall hold harraless, indemnify and defend the Diitfi& frotri any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. LICENSE AGREEMENT - Page 6 rN r C. Licensee rc:presentstl at Licensee has complied with all federal. state, or other' laws. rules: regulations, directives or Cather requirements in any fonn regarding environmental matters, and specifically those relating to pollution control and tivaterquality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed, Licensee recognizes its continuing duty to comply with all such requirements that now exist Cir that maybe implemented or imposed in the future. By executing this agreement the' District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of v this agreement. d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be stalely responsible for the condition or activity which gives rise to any such penalty, sanction, directive= claim, action or requirement. C. : In the event the District is required by any gdvernmicntal authority to acquire ore omply with any permit or other operational requirements associated with Licensee's iaisch rg 'and other activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all costs and liabilities associated with such permit and other requirements; including butnot limited to all costs `associated with all permit acquisition,,construction; monitoring, treatment, administrative, filing and other requiretitents. II kk: f. The parties to this agreement recognize this `license agreement is an accommodation to Licensee. The District by this agreem6t does not assume., create, or exercise legal or other authority, either express or implied, to regulate control lar prohibit the discharge or contributionofpollutaait or contami giants !to the District's facilities or to any groundwater. waters of the State of Idaho or.the United States, or any. Iother destination. Such authority, to the extent that it exists, is possessed and exercised by goVernmeiital `environmental agencies. f g. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within,the:District's ,easements for the Kennedy Lateral, Eight Mile Lateral, Ten dile Drain and Ten Mile Stub Drain except as referred to in this agreement or exhibits thereto without the prior written consent of the District. I h. Licensee acknowledges and confirms, that the District's easetnems for the Kennedy Lateral, Eight Mile Lateral, Ten Mile Drain and ;Ten .Mile Stub . Drain include a sufficient area of land to convey irrigation and drainage water. to operate, clean, maintain and repair the Kennedy Lateral, Eight Mile Lateral, .Ten Mile Drain and Tenr Mile Stub Drain, and to access the Kennedy Lateral, Fight Mite Lateral, Ten Mile Drain and Ten Mile Stub Drain for said purposes and is a minimum of 55 feet, 20 feet to the left of the centerline, and 35 feetto the right of the centerline facing'downstream for the Kennedy Lateral, 100 feet, 50, feet to either side of the centerline for the Ten Mile Drain, 60 feet, 30 feet to either side of the centerline for the Ten Mile Stub Drain and 86 feet, 40 feet to either side of the centerline for the Eight Mile Lateral. i. Construction shall occur during the non -irrigation season and shall not commence prior to November 1 2009 0 9 and shall be completed prier to March 15 20l 0. Time is of the essence. i LICENSE AGREEMENT - Page 7 R. ` f o�. F « yy a �F d}ijy b ¢ o 6 a � a « ,fir •� '�_.. aa,„, §� r, aa�,.. 'P k`. ^»" d _ a s Pn, To We Stub y' Ten Mle D4,L e F, ' got r file f PIT a Af ppb. A All p 3y L M 'O z z W> :, U >Hit I'll. s r- r i r zcno> m,,,, a a [Q CC7 to 't7 ca ® �m I Z m Exhibit D-1_, page 1 R i TEtt mu DYE T QC EA PKMM 2443-6 FNOW ERS, i t► i i� t MY OF MDOW : .awwr`a`ii ""wai.`r. 25Lt $. $uqt �A1 A+ xi,r k A ���� 9asa t�Ee Aa709=as+4 i ' -'+U E SHEET, 6OUTY MAP AMCON PDL - 1 pig It ' T ix ox; # Ifsall m4101111 .11111, i111Ix$ 1 19� ,0a ate hi!! a#� 10111 11 1 R Rh lli ;� git 1114 Jill # 11111A ; fil4lm 'MIN, I �P. fil If AN RD' 12!1 A 11 fit ail. 114 S. s fil If AN RD' 12!1 A 11 fit ail. 114 .i,.3 k� 4 e w CONSTRUCTI Exhibit D-1,. page 1 �r i maros y t �+OW �z w� I . r i (( 44 N k� a uta � s Y WWI C3 F' e, i r f 1 a k } e On alb,,, fill ;I � S MMM i # r a W a i w # g I TEN MILE DIVERSON ON Trot SEWER PHASE 2 ern OF MENnAw �; f 4 - WSOULMEOUSAP"%. 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P Q I ,Exhibit D-1, page 8 3 w MATCH LINE STA. W26 SEE SHEET C-101 € v 79 MATCH t lE STA: 191*U _ __. #iASGN UNE STA' 21M$ SEE $ MEET G702 S 1A 1 11 till 14, *11 9 E cc ccclo- ccocccoc c='01 =ccsO's coc to, 14 1,a PAll I 111 K F g� Fit =o g ffi TEN WLE m �..� JOE .: IT 4CITY I Ef001i 04 C"M" ^ "•' „�•• aso s t Eahm arc � � � maacs • s�cxAo�€c r�as9A wet � `' 41 Exhibit D -1r page 9 t s I MATCH LLE STA, 35+66 SEE SHEET 0-142 r 71 i. sit MATCH LINE Vk 43445 SEE SHEET 0-103 I SEE SHEET C-102 IN cc of @ C., �3-6 @ @ S' 01 @5 Z�mj % I of fill 1 1 1 fill - ff I i$j 4 I j;. f is Lit ""24* if 01 TEN MME ROAD 70 CHERRY) CITY DIAN - no 6*odwmd Ave" $U*201 SdW Wo 8=64044 TEN RKE AGAD, PECLAWD WATV4 PIM.O* P%ft 71iw7m, Exhibit D-1', page 10. .... . ....... -f MATCH LINE STA, 52+09 f SEE SHIEST C•103 , MATCH LINE STA,, 43+85 SEE SHEET 0-102 501 A—V. � "-------- —L_ I MATCH LINE STA, 90+25 MATCH LINE BTA; 52+06 — T SEE SHEET C-104 3EE SHEET C�los r 4 sit ® _° • 3 >I E e n Sr d _ pit It -1, �•�Al 3� x I I I I s �- lit Ijilla 4 litx I e: TEN MSE RC711U TO CHOI" �,�• •• • �.•� .I-" ENGM^IEE;RS, INC CITY MERIDIAN `" m S, Avenue ��a .......... ansa 1, 00" 14" 937094w TENMLEROAD..AFOLANEDWATERPPPEL �, +cemiaea�na \ Exhibit 0-1r Page t1 E _ 1 e MATCH UNE BTA: 80+25 CHERRY LANE MATCH UNE ST+! E8+" SEE SHEET 0.904 ` IS a � h fi 14 1411i :[Sal € I� if Az �I _ gE j g I 01 TEN MU FM"WM TO CHM" CITY OF MEi!i *+wipma•.w:w�rtiweaww,eur,a y Tm Vu ao#D-RFM.RWWATENRr ► 7[15109 'Exhibit A-1' , page 12 13 MATCH LfNE STk 59+04 +EET'r c-106 , r „� , ► �; .-fir r.__.1 kd , � �. 7 - MATCH LIME STA 97M00 SEE SHEET C-105 MATCH LINE STA SWO R 6* SEE SHEET 0.105 8 1XI Ili I 11 1f4 d afiat , i os0 o $_ gb 45 .per }}gy ai 4 w py g9� $ R R 55 a� fill Ili t +ov+'P dWYYI®Y4MbIMMMJbY' xDIANWF+4l9YilurwtlnM�rt10M+V°YlRnYYwIYW ,y #08.8wda$ogdAwen* . � W°°<MIlauvOfyxM uiYMua i.. e�6 FPAPMMNAM FIWANiIMWATERl3tPEi.1N "" i.. w•�•°"�+� z'+'� NE 11 Exhibit D-1, page 13 L £ i S 4 1111 10 $illsIli 11) 1 gi g $� 1, lit= o ,a , 1311 'is I1. � if a� lit c i TEN w TO CHS" ». .. � . . CITY DUN asc5,�k .� .. n....�. yam. H.�. �iRl20f SCAW. t FRAh1tUi3iK3ACt<fl£C.ti48l�0 WR°YEHfi;, � N �wnrAub�wiv.. Exhibit' D I page 14 < k ti Mtli4M Ub{G `31 M: tYlkfy see $ T 41-107 F MO7YW LINE STN 111}70 SEE SMET C-107 � 3 ig- y # f Ia41, x oil s ry it a y o TEN WE ROAD {FRMK X TO Com}' . oc, CITY OF MEP301 W " ••�*"••`"••"" ""n zsa s A.eYme .'a. 17-- if su16e2ot 13 e 1 a 01 DEXAU } raazrssrreo J � � t5u ami aaa�e a,p aeon Exhibit b -1r page 1 z II > F I i d T f as+a♦ ssp a s 11[i� f £ Tft;$ g. E iftip P, ilfA Is oi It 71 'I oil Fit t tl, E F- 33{ 1 ` k 1 l '' I ea i3i6 1!I IT 0.till a -C r f ' i [.Il MILE 'r�+sR.pN�'�ffy.!/Jtp��y���I�y�e Vi1�`1FM +rr4n�M 4`�f `�'�'� . 4r� 1 YI' RI /lU7 +Ww r M ipw'MbMMYAWBp :i;• 'wt��+M+'+tMOWtRr 91Iii1111N1Rtr �' �arva��suoa+iwoetriu�.s � p!'AX1E:�?3� u P�G9Ai,}�i6NR . Exhibit D-1, page 18 } August 14, 2009 MERI IDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 3-H REQUEST Water Easement Agreement for Hobby Lobby.by W.H. Moore Company - C . AGENCY COMMENTS CITYi CLERK: CITY ENGINEER: See attached CITY'PLANNING DIRECTOR: CITY ATTORNEY CITYiPOLICE,DEPT: CITY, FIRE DEPT: CITY1BUILDING DEPT: r CITYIWATER DEPT: CITY �SEWER'DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADAICOUNTY HIGHWAY DISTRICT: �T SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: f NAM PA MERIDIAN IRRIGATION: j, SETTLERS IRRIGATION: IDAHO POWER: i US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: f OTHER: ContIacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian: E l 7 ERIIDIIAHO / Internal Memo To: Jaycee Holman; Tara Green From: Denny Cline, Development Analyst II CC: File Date: 7/29/09 Re: Proposed Agenda Item for August 11, 2009 City Council Meeting Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The Development Services Division of the Public Works Department respectfully requests the following item be placed on the;August 6, 2009 City Council Consent Agenda, for Council's consideration: A 20' Water Easement Document for Hobby Lobby, located in Centrepointe Subdivision, by W.H. Moore Company This easement provides The City of Meridian access to a new water main being installed across portions of Lots 14 and 15, Block2, in the Centrepointe Subdivision for Hobby Lobby. Recommended Council Action: the Development Services Division of the Public Works Department recommends that City Council approve this water easement document for Hobby Lobby. i Thank you for your consideration. Please contact me should you have any questions or concerns regarding this item. From the desk of... Denny Cline Development Analyst 11 Meridian Public Works Department 33E. Broadway Ave, Suite 102 Meridian, Idaho 83642 (208)8W5500 Fax: (208) 887-1297 0 Page 1 rn ERIIDIIAHO / Internal Memo To: Jaycee Holman; Tara Green From: Denny Cline, Development Analyst II CC: File Date: 7/29/09 Re: Proposed Agenda Item for August 11, 2009 City Council Meeting Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The Development Services Division of the Public Works Department respectfully requests the following item be placed on the;August 6, 2009 City Council Consent Agenda, for Council's consideration: A 20' Water Easement Document for Hobby Lobby, located in Centrepointe Subdivision, by W.H. Moore Company This easement provides The City of Meridian access to a new water main being installed across portions of Lots 14 and 15, Block2, in the Centrepointe Subdivision for Hobby Lobby. Recommended Council Action: the Development Services Division of the Public Works Department recommends that City Council approve this water easement document for Hobby Lobby. i Thank you for your consideration. Please contact me should you have any questions or concerns regarding this item. From the desk of... Denny Cline Development Analyst 11 Meridian Public Works Department 33E. Broadway Ave, Suite 102 Meridian, Idaho 83642 (208)8W5500 Fax: (208) 887-1297 0 Page 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOISE IDAHO EMU 01:33 PM DEPUTY Vicki Allen RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIiIIIIIIIIiI III Meridien City i10?i6 WATER MAIN EASEMENT THIS INDENTURE, made this M!I�day of 20p %between W.H. M oeni R P- - CC& , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main I right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessaryto maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way ightof-way for an easement for the constructio4 operation, maintenance, repair, replacement ola water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities,togetherwith their maintenancg additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacingor restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would intrfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way ight of - way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement easmt wtr main.doc 4 P � r THE'GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they,will warrant and forever`defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ` F r ('� A - �� y President - L r. Secretary STATE OF IDAHO ) ) ss County of Ada ) �' On this Z's� day of 20 01, before me, the undersigned, a Notary Public in and for said State, personally ap eared 0 end .,,own or identified to me to be the President pectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ��% `\'A','RvE L Ggg%,���,i (SEAL) r1 OTARy OTARY P FOR IDAHO s ; •• _ * ; Residing at 04=4 dWWQ s P1JBLIC Commission Expires: l Water Main Easement easmt wtr main.doc tl_ e a I 9 GRANTEE: CITY OF MERIDIAN ,71 my de WgdrWay6i Attest by Ja3ae Ho City Clerk Approved By City Council On: STATE OF IDAHO, ) 1: . ss. County of Ada ) Notary. Public known to me t executed the IN WITNESS WHEREOF, I have hereunto above written. *.....ems TARA (SEAL) •�' •• 00IkZ' .4b ���,•```` `t 1111 SISAL = /F� �41`fi111111111�` On this ' 6 day of A-v<;�'s , 20O efore me, th in and for said State, personally appearedfAMMY DE WEERD and o be the Mayor and City Clerk; respectively, of the City of Meridian, within instrument, and acknowledgedto me that the City of Meridian Main Easement e undersigned, a JAYCEE HOLMAN, Idaho, and who executed the same. set my hand and affixed my official seal the day and year first NOTARY PUBIAC FO IDAH Residing at: o Commission Expires: easmt wtr main.doc 9, 2009 20.00 FOOT WIDE WATER LINE EASEMENT 00 ■■ Quadrant Consulting, Inc. A 20 foot wide easement being located across portions of Lot 14 and Lot L15, Block 2, Centrepointe Subdivision, Book 97 of Plats at Pages 12330 through 12331, Ada County Records. Said easement being situated in the Southeast V4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho is more particularly described as follows: Commencing at the Southwest corner of said Lot 14, thence along the East Right -of -Way line North Centrepointe Way North 0°15,'21" East 45.30 feet to the POINT OF BEGINNING, thence continuing along said East Right -of -Way line North 00°15'21" East 20.00 feet, thence leaving said East Right -of -Way line North 90000'00" East 34.65 feet, thence North 00000'00" East 97.02 feet, thence North 45°00'00" West 32.75 feet, thence North 90°00'00" West 10.95 feet to a point on said East Right -of -Way line, thence continuing along said East Right -of -Way line North 00°15'21" East 20.00 feet, thence leaving said East Right -of -Way line South 90000'00" East 19.15 feet, thence South 45°00'00" East 49.32 feet, thence South 00°00'00" East 105.31 feet, thence North 90°00'00" East 35.69 feet, thence South u00°00'00"East 20.00 feet, thence North 90000'00" West 90.43 feet to the POINT OF BEGINNING. Said easement contains 4953 square feet or 0.11 acres more or less. 1904 W. Overlano • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant®quadrant.cc Civil Engineering • Surveying • Construction Management GRAPHIC SCALE 0 30 60 ' 15 I I , L4 ( IN FEET ) �► 1 inch = 30 ft. I I ` I I J ! �As, .� .. WATER EASEMENT LINE ' L2 3rx0- LOT LINE �X0- ROAD CENTERLINE O - - - - - - - - - PLATTED EASEMENT LINE O 00, j I � I LINE BEARING LENGTH L1 N00'15'21 "E 0 L2 WI I p w N00'15'21"E w o I 01_ of r7 L4 S90'00'00"E 19.15 0 NO I �-- I olool- LINE BEARING LENGTH L1 N00'15'21 "E 20.00 L2 S90°00'00"W 10.95 L3 N00'15'21"E 20.00 L4 S90'00'00"E 19.15 L5 ;00'00'00"E 20.00 w I o I zl I ' I I I 14 ry OZ ' I N90 00'00"E I N90'00'00"E ' 35.69'LO 134.65' N90'0000W I I I 90.43' I w I POINT OF I I o I BEGINNING 0 I I I I z I i 'BLOCK 2 I I I I I I I I I I I . I 8 I I I EXHIBIT ■■ ■■ Quadrant 20' WIDE WATERLINE EASEMENT Consulting, Inc. 1904 West O.-Iond Rood Boise. Idaho 8370.5 DATE: JUNE .9, 2009 JOB NO. 212-64 SE 1/4, SECTION 32, TOWNSHIP 4N, RANGE 1E, B.M. (20e) 342-0091 PHONE (208) 342-0092 FAX I ILL ENG'imwma—SVRVEWNG—OQNSTRucnQV UANaO MT f August 14, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 4-A REQUEST Julius M. Kleiner Park.Master Plan Presentation by Steve Siddoway and Eugene Kleiner Y 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: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL, DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: r F -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. I` i � A Page 1 of 1 Tara Green From: Steve Siddoway Sent: Thursday, August 13,'2009 7:16 PM To: Tara Green W Cc: Rachel Myers Subject: 'FW: Kleiner Comment Form Flag Status: Green Attachments: MasterPlan Comment Form.pdf k 1 Tara, Please provide the attached comment/response form to the City Council as part of the Kleiner Park" Master Plan discussion for next Tuesday. Also if you can, please note that hard copies of the Kleiner Park Master Plan document were provided to each of them last week as part of the Parks & Recreation'Com.mission packet. Thank you, Steve Siddoway W. 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T1T77 AUG 18 2009 CITY OF WEwwq- ; OFFICE 1326 W. Cherry Lane Meridian, ID 83646 (208) 888-4451 (208) 884-0745, director@mld.org August 18, 2009 Dear Meridian City Council Members, The Board of Trustees of the Meridian Library District is pleased and excited to be a partner in the Kleiner Park Project. The vision of the Park as presented to the Library District is nothing short of amazing. The Meridian Community is indeed fortunate to be the recipient of the Park and all it will offer. Sincerely, Patricia Younger, Library Director MAN .1111 P .-C f7lp OT All AM aft, MASTER PLAN PREPMRR0 FOR KLE111E tR PARK 'FRUST ...IN PARTI NERSHIP, WITH CITY OF MERIDIAN PARKS AND RECREATION Parametrix AUGUST 2009 Johnson,, 102L JENSENBELTS ASSOCIATES Sitc Planning landscape Atchitect.re AUGUST 2009 - IPW P _+ R. 2ss oa R �'� 1!•NO i� . A t� WN12 FOREWORD Julius M. Kleiner was a man who understood and appreciated freedom from the time a chance opportunity brought him to America. His arrival signified the beginning of nearly 60 years of service dedicated to farming and food production. This is the story of Julius M. Kleiner - immigrant, businessman, philanthropist, and father. Born in 1892, Julius came to America from Russia in 1916. His journey to America came after an arduous trip on the Trans Siberian railroad, with stops along the way in Manchuria and Japan. From Japan, he took a freighter across the Pacific Ocean and landed in Seattle. He worked in odd jobs digging graves and tending counters in a grocery store, eventually leaving Seattle for Spokane, where he worked in the creamery business, which would become a lifelong pursuit. From Spokane, the business led him to Butte, Montana and eventually to Shanghai and Japan. Julius worked for JP Hemmingsen's creamery business until JP's death in the 1920s. After that time, Julius purchased JP's branch operation in Caldwell, Idaho and moved to the state that would become his new home. Julius prospered in Idaho, running the Caldwell creamery for several years. He sold the Caldwell creamery to purchase a creamery in Nampa in 1929. In addition to his successful creamery business, Julius also raised turkeys, and spoke passionately about farming, including forming a cooperative to help address milk prices. In 1944, he purchased the property in Meridian, Idaho from the Morrison Knudson Company, who used it to store construction equipment and horses. Although he retired from the creamery business in 1952, he worked diligently to turn the land into a dairy farm, which it operated as until the 1970's. He continued to live and oversee farm operations from his home in Nampa, until his death in 1972. Julius was a lifelong supporter of the Boys Scouts, the Salvation Army, and a board member of the hospital in Nampa. The Kleiner Intensive Care unit was donated in his memory. In true spirit of the land and in tribute to his father, his son Eugene is honored to donate the farm to the people of Meridian, for their enjoyment as a peaceful park, a place where the community can experience some of the same freedoms that his father held dear. AUGUST 2009 j. Ai w ? - +&S�ltj7 �t,.�•���� w'"'kE7wi`� ....Z,i� '"J�S*'� +�' � ',,�+� r+���'-�f9� ;�iri.#.� ���FF Gi eras n .;Ins4z w IrA '„nrr„ielt$4 y, a OA" *.��A.. a#. +��1,�,.• °a;hy 3° r t��_''.?r CHAPTTER 1" CONCEPT DEVELOPTIVIENT I Who is Julius M. Kleiner? Julius M. Kleiner was born in 1892, and came to America from Russia in 1916. While in Idaho, he worked hard to establish a life for his family, including operating a creamery and poultry business in Nampa. He purchased a Meridian farm from Morrison Knudson in the 1940's out of a love for the land and respect for the hard work of farming. Philanthropy was extremely important to Julius, a life-long supporter of the Boy Scouts and the Salvation Army. For his son Eugene, returning the land to the community as a beautiful park is an honor that continues the family tradition of giving back. 2 What is the Julius M. Kleiner Memorial Park? The Julius M. Kleiner Memorial Park is located on a 60 -acre site near the northeast corner of the Fairview Avenue and Eagle Road intersection in Meridian, Idaho. The park property abuts the proposed Meridian Lifestyle Center, which will include premier retail, entertainment, restaurant and office space. The park is being designed and developed by the Julius M. Kleiner Memorial Park Trust, comprised of Eugene Kleiner, Elden Gray, and Mike Huter. Once constructed, the family intends to donate the park to the City of Meridian to be operated and maintained by Meridian as a city park. The Park Trust retained Parametrix, a local planning and design firm, to lead development of the park. JensenBelts Julius M. Kleiner Julius Kleiner left Russia in 1916. In the 1920's, he came to Idaho, starting his own business in Caldwell, then moving to Nampa in 1929. He purchased the farm in Meridian in 1944. Kleiner Memorial Park is intended to be a gathering spot for family picnics and special events. 1-2 Concept Development Associates, award-winning landscape architects, and Johnson Architects, who will design the park structures, complete the team. The design team worked with the Park Trust, City staff, and the Parks and Recreation Commission to develop a number Park Objectives of concepts for the proposed park. These concepts were refined • Create a beautiful setting and ultimately narrowed down to a preferred alternative. dominated by trees, rolling hills,and grand water features 3 What is the goal of the park? • Serve as a memorial to Julius M. Kleiner, who bought the Eugene Kleiner has intended for this park to be a legacy tribute original land out of a love for to his father, Julius M. Kleiner. The vision for the land is a farming and the production of food as a basic human endeavor heavily -treed urban park with large water features, rolling • Provide primarily passive terrain, bicycle and pedestrian trail systems, and lots of open recreation opportunities to space for picnics and community gatherings. A band shell and gather, picnic, and play in a family environment amphitheatre will provide a beautiful setting for music and • Serve as a civic center to house festivals. A formal Grand Plaza and Promenade will feature a a Senior Center, Library, and memorial to Julius. Arboretum. 4 What design concepts were developed? Several alternatives were developed during the concept phase of the project. The designs had several features in common, but organized the space differently. The earliest iterations of these designs were Study 1. 1, 2. 1, and 3. 1, which are illustrated in the attached concept drawings. All three studies incorporated several similar characteristics, including clustering active recreation spaces towards the east side of the park, near Records Road and the future Lifestyle Center development. Passive, quiet uses were designed closer to the residential neighborhoods along the north and east areas of the park. In addition, each of the studies included cul-de- sacs at the end of the neighborhood streets on the east, providing only pedestrian access into the park. Study 1.1 provides vehicular access to the park from a single access point off Records Road, with internal circulation limited to the parking areas at the Civic and Recreation complexes. There is no vehicular traffic beyond this point, allowing the northern portion of the park, which includes a large lake and open space, to remain pedestrian oriented. August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 1-3 Study 2.1 includes a loop road and two entries from Records Road. This study features a single large lake, and provides satellite parking in addition to larger lots at the Civic and Recreation complexes. There are two service areas in this concept. Study 3.1 assumes one access off Records Road, at the Main Entry, with a loop road providing access to the entire site, as well as some remote parking. This concept includes two connected lake features, and assumes two maintenance facility sites at the northwest and southeast corners. Study 1.1 August 2009 1-4 Concept Development Study 2.1 x.204 �u��p� InI r IFID ttlC 7 GIpF�AfQb1 `� —� ITUrIf t August 2009 vwv Tnx. Study 3.1 9 .M, -.a Uix, ow * Uwe %UP'f 3j Julius M. Kleiner Memorial Park Trust — Master Plan 1-5 �wygwmo -, August 2009 1-6 Concept Development 5 How did the concepts evolve? Following the initial concept development in March of 2009, the design team met with numerous stakeholders and potential partners. As a result of these meetings, as well as identifying site constraints, some of the initial concepts were dropped from further considerations and new ideas were developed. Studies 1.1 and 2.1 were not further explored, as the design team, Park Trust, City Staff, and Parks Commission preferred the organization and layout of 3.1. Primary concerns with the other concepts were the use of satellite parking, too much area utilized for maintenance, only one lake feature, and a single park entrance. Studies 3.2 and 3.3 represented additional thinking on the primary design features, namely water, roadways, access, parking, and compatible uses of the original. The difference between the two is that in 3.2, the loop road does not cross the irrigation canal, leaving more land open (but less accessible) in the northeast corner. In 3.3, the loop road crosses the canal, providing improved vehicular and bicycle access to that corner of the park. As a result of stakeholder input, a new study, 4. 1, was created. This alternative explored placing the amphitheatre closer to the Civic Complex, which resulted in the ability to have just one water feature. Due to concerns with congestion upon entering the park, as well as a reduction in park open space, this alternative was not well received and was not developed further. Early iterations of every concept included a seven acre Botanical Garden. This eventually evolved into a city -owned arboretum and formal rose garden. Study 3.3 was resoundingly selected by stakeholders as the preferred alternative. The July 2009 version of 3.3 represents the concept upon which the rest of the discussion in this Master Plan is based. Each of these studies is illustrated in the following pages. August 2009 An early working drawing of the Kleiner Memorial Park concepts. Julius M. Kleiner Memorial Park Trust — Master Plan 1-7 Study 3.2 iVW- F4 ON ,• 't' � Ap —,__ ��. Aid August 2009 1-8 Concept Development Study 3.3 c.� I "'Y`�"F, fllpLla �CiNt�Nf. (1Kt JULIU`7 CL Kl,!`{N(� f1f�W�- rN�l� August 2009 -M AL xu Study 4.1 F-� a"M",K - • A Nc I.A.., a%4 f ,-LuuSH <4zNM remcN*L r^m ) O Ic, -Auwe 2 1 009 &0M I Julius M. Kleiner Memorial Park Trust — Master Plan 1-9 MA,pfl� fes- 4p*, w •.)u1rvSM kla.xr Mewo., . 4rawJ (17ra • QoAJ �vc evrtiL CMC- 60Mt9.FiC • �k;ti Ia . SOLE io6 �t � 4•� • August 2009 1-10 Concept Development 6 What stakeholder coordination was involved? Communication with stakeholders was crucial during the Master Plan phase. Working together, the park trustees and City leadership created a list of objectives that the park design would seek to achieve. The team also met with potential partners that proposed to be included in the park, including the Meridian Senior Center, the Meridian Library, and several private groups proposing a variety of recreational and civic uses. At the time of the Master Plan adoption, the Senior Center and Library have made commitments to occupy new buildings located within the Civic Center Plaza of the park. 7 What are the next steps? This Master Plan is a conceptual outline for the park's design. It is intended to provide direction on the look and feel of the park design, though it will be refined as it moves into the Design Development and Construction Documentation phases. Following Meridian City Council adoption of the Plan, the project will move into Design Development. Park construction is expected to begin in 2010, with an anticipated opening of Spring 2011. Construction of the park is dependent upon the availability of utilities and roadways that will also serve the adjacent Lifestyle Center. August 2009 City/Trust Park Objectives The objectives for the park created by both the Kleiner Park Trust and the City of Meridian are discussed in further detail in Chapter 2. Abundant trees and plantings and large water features are central components to the park concept. ALIM 3�- To 6j 77 N y-elf//� T c4(f��' E aS coi m L m a o x .a `s w Lo c y to o V)LU LU � z���m � g `�S� ©o c > s o o Q Im d a Im LL gm Uj r W m a u. oe o co ca x " x m a -- LU LU C� isv Fy t� z a Q o F� R' J `.G cJ 'n � � � � GL OG * � * CZ "T 00ED 0000000 000 lee", , e � CL C9 c (�Y���r��lfvlfrlr'I�e iA� 1 ER � PROGRAMMING 1 What elements will be included in the park? The preferred alternative achieves the objectives set out by the Park Trust, the City, and the design team, including: ■ Create a beautiful, peaceful setting dominated by trees, rolling hills, and large water features that is accessible by car, bicycle, and on foot. ■ Provide predominantly passive recreation opportunities to gather, picnic, and play in a family-oriented environment. ■ Serve as a memorial to Julius M. Kleiner, who bought the land out of a love for farming, the production of food as a basic human endeavor, and who exhibited a life-long devotion to philanthropic endeavors. ■ Develop a civic center to include a Senior Center and a Library so that all generations are able to experience community and promote education in the park setting. The following discussion is intended to highlight the various park elements as you enter the park from Records Road and move through the site. Please use the feature key map on page 1-12 to orient you as you read through the discussion of park elements. From working farm to a place to gather, the Kleiner property becomes a community gift... 2-2 Programming 0 Grand Entrance Driving into the park from Records Road, you travel through a landscaped roundabout and pass through the Grand Entrance via Kleiner Memorial Parkway. The Grand Entrance will include plantings and structural elements, as well as a curved arch that crosses the Parkway and pedestrian pathways and welcomes visitors into the peaceful park environment. Grand Entrance The Grand Entrance is a divided boulevard with planted medians. shrubbery and structural elements. Sidewalks on either side of the roadway are separated with planter strips from the travel lanes. 0 Kleiner Memorial Parkway As you enter the park, the Parkway is a divided boulevard with planted medians and sidewalks separated from the travel lane by trees and ornamental plantings. The Parkway continues through an internal roundabout and directs traffic to the civic complex to the east, or to parking and the recreation complex to the west. The road is two-way through the parking lots near those areas, and becomes a one-way, clockwise, loop road that allows for access to the entire park site once the lots terminate. The roadway will include on -street parking, a striped bike lane, and a vehicle travel lane. August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 2-3 0 Civic Complex The civic component of the park is comprised of the Meridian Senior Center, a branch Library, and an arboretum/rose garden. The complex can be accessed off the Parkway, with additional access provided from Park Lane, a new east -west roadway connecting Venture Road and Records Road. The Meridian Senior Center is proposed as a single -story 15,000 square foot building with expansive views of the South Pond. A central courtyard connects to the Library, proposed as a 7,500 square foot single story structure. The courtyard will include seating and viewing areas looking out over the South Pond towards the Grand Promenade and Plaza. Parking will be provided to serve both civic functions, as well as general parking for other park visitors. The parking lot will include a pedestrian and visual connection from the civic courtyard to the seven acre arboretum and formal rose garden. The arboretum will house one of the site's two "signature" picnic shelters and restroom facilities, allowing ample opportunity to support weddings and other events that are sure to reserve this special space, as well as provide amenities for everyday users. The arboretum and formal rose garden will allow for garden clubs, seniors, and others with interests in specialty trees and flowers to actively participate in care of the garden, or simply stop and smell the roses. It will also provide educational opportunities with signage regarding trees and other plants on display. The arboretum will feature a man-made meandering "stream" to bring water to this corner of the park, ensuring that the water element extends throughout the site. © South Pond The civic complex and central plaza sit upon the South Pond, which is approximately 1.5 acres in size, and intended as a visual element, adding a beautiful, peaceful setting to the civic plaza. No fishing will be permitted in this area. Garden clubs and the Senior Center could provide assistance with plantings and care of the rose garden, as well as enjoy the beauty of the gardens. A branch library allows for educational as well as recreational uses on site. August 2009 2-4 Programming Arboretum and Rose Garden The Arboretum area will feature a large restroom and picnic facility, walking paths, rose garden, and a meandering water feature. Park maintenance is housed in the northeast comer of the site, screened by trees from the Arboretum and neighboring residential areas. August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 2-5 0 Recreation Complex Located to the west of the Parkway, the recreation component will serve as the active outdoor recreation element of the park, including areas for volleyball, horseshoes, bocce ball, playgrounds, and lawn games, as well as a future building site for indoor recreation. The Master Plan currently includes a place holder for a building footprint of up to 30,000sf, with a total site need (including landscaping) of no more than one acre (43,500sf). This would avoid removal of existing planned facilities, and limit encroachment onto lawn areas. Large structures that are excessively tall (more than 30 feet high), or of large mass, are not appropriate for this site, and any future building should be limited to two stories. Due to parking constraints, a future use would need to require no more than 100 parking stalls. Based on Meridian code of 1 stall per 500sf, the parking availability would limit any new building to 50,000sf total. Park Design Guidelines would apply to all potential future uses on site. The second of the two "signature" picnic and restroom facilities will be located in this complex. Designed to hold up to 125 guests, the shelter is an ideal area for family reunions, team parties, and other community gatherings. Parking in this location will be designed to accommodate existing park uses as well as the potential future indoor recreation uses. Pedestrians will navigate the parking areas on established paths that connect to the sidewalk system on Records Road, as well as to the Grand Plaza. Views from the recreation complex include the Plaza, Promenade, and North Pond. Although no formal ball fields are proposed, there will be plenty of open space to enjoy a pick up game with friends or throw the ball in an impromptu touch football game. The Recreation Complex is the primary outdoor activity area in the park, including space for a large playground, splash pad, basketball courts, sand volleyball courts and lots of open, flat lawn area. The potential future building site limits are indicated by the dashed lines. August 2009 2-6 Programming © Grand Plaza & Memorial The Grand Plaza is the most significant landmark in the park, and serves as the Julius M. Kleiner Memorial. The Plaza includes hard and softscape surfaces, with a distinctive circular pattern that radiates out from a memorial monument. The monument will likely be a cast bronze statue of Julius M. Kleiner. The Plaza meets the North Pond in a hard edge treatment, with a decorative railing that follows the curve of the plaza and continues along the Grand Promenade as it crosses the pond. O Grand Promenade The Grand Promenade connects the site visually, from the band shell at the northern end, across the North Pond, through the Grand Plaza, across the Parkway, and to the South Pond. From its physical termination at the South Pond, it connects visually to the central courtyard at the civic complex and to the Arboretum beyond that. The promenade will be colored hard surface, concrete or pavers, and approximately 20 feet wide. The Grand Promenade at Kleiner Park The Grand Plaza will be centered around the Julius M. Kleiner Memorial, which will include a statue and a circular plaza area with interpretive markers explaining the story and rich history of Mr. Kleiner and the park site. August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 2-7 © North Pond The North Pond is approximately 3 acres, wrapping around the Grand Plaza and crossed by the Grand Promenade. The Pond will provide an opportunity for public fishing and will be stocked with trout by Idaho Fish and Game. A boathouse and paddle boats are planned as possible future uses. Swimming will not be allowed in either water body. Both ponds will be filled primarily with irrigation water, though an onsite groundwater well will provide water if necessary. The ponds will provide a source to store and distribute irrigation water for the park, and the Town Center property. @ Amphitheatre The northern end of the Promenade is anchored by a band shell which faces west to the grassy amphitheatre. The amphitheatre steps up gracefully to provide seating for small concerts or events, or simply to take in the views across North Pond and the rolling hills beyond. At just over one acre in size, the amphitheatre is estimated to hold between 2,500 and 3,000 people. Pathways provide pedestrian access to the amphitheatre from the Parkway and other areas of the park, and will accommodate visitors of all physical abilities. Music in the park, arts festivals, performances, and plays are anticipated to take place in and around this area. Open Space North of the Grand Plaza and Amphitheatre, the park opens out in less organized spaces and becomes an area of rolling hills, trees, and pathways. Passive family activities will be available, such as badminton, sand volleyball, and bocce ball. A disc golf course is anticipated to weave along the perimeter of the park, allowing those partaking in this sport to be separate from walkers and others enjoying the open space and family picnic areas. The grassy hill serving as the amphitheatre will accommodate 2.500-3,000 people for concerts and festivals. August 2009 2-8 Programming Rolling Terrain/Topography Q Family Picnic In addition to the signature facilities at the Civic and Recreation complexes, several additional picnic shelters will be located through out the northern area of the park, with one along the eastern side, one on the west, and one in the far northeast corner. Public restrooms will be located nearby. As with other City of Meridian parks, these picnic areas will be available for reservations by private parties. © Pathways A bike and pedestrian pathway system will be incorporated throughout the park to guide visitors around the civic and recreation areas, water features, open space areas, group picnic facilities and parking lots. The main pathway will travel along the perimeter of the park, with several paths connecting from it. Benches will be located along the paths, with plenty of opportunity to rest, enjoy the sunshine, or read a book. All paths will be fully accessible to visitors of all ages and physical abilities. August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 2-9 O Maintenance The working side of the park allows the City to maintain the park facilities. A service area will be located near the southeast corner of the park, screened by trees and vegetation to hide it from view of visitors in the arboretum, and residents along the east side of the park. Illumination Lighting will be installed throughout the park for function and safety. The light poles are intended to fit the look and feel of the park, and will serve the park as decorative, functional, and security features. Additional detail on light standards and locations will be developed during the design phase. Art The park will provide opportunities for public artwork to be incorporated into the architectural elements, as well as the entrance sign, the grand plaza and promenade, the band shell and amphitheatre, boathouse, civic complex, and the arboretum. Additional artwork is planned for display in the Library, and possibly Senior Center, including pieces from Julius' farming history on the park property years ago. The Arboretum could house a sculpture garden in the future and could be designed with art siting in mind. A connected series of trails and paths allows for movement throughout the park. Running, yoga. and other activities are likely to occur along and near the pathways: sufficient room will be provided for both. August 2009 2-10 Programming 2 What are the Architectural Elements? The architectural elements that compliment and define the park spaces described previously are included in the following pages. These elements are still a work in progress, and will continue to be refined as the park moves from the planning to the design phase. Signature Picnic Shelter The signature picnic shelter is large and open to encourage picnics, family gatherings, and reserved parties. This view represents a secondary view into the signature picnic facility. August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 2-11 Signature Restroom The large restroom also includes a nearby concession stand. The small restroom has the same look as the larger facility, but without a concession stand and with fewer stalls. August 2009 2-12 Programming Band shell The band shell structure will be large enough to house orchestra and small band. The facility is not intended for large concerts. Boathouse A small boat house facility near the North pond could accommodate rentals of recreational toys, possibly including bocce ball, volleyballs, soccer balls, and paddle boats. August 2009 2Cv1�LETrlEl°71ATb0i'd How will this plan be implemented, and what is needed in order to move ahead? There are several key elements needed to implement the Master Plan vision, including utilities, roadways and parking, irrigation, and water feature design. 2 What utility improvements are needed? A development agreement between the Park Trust and CenterCal includes language regarding who will bear the costs of providing utility improvements to both the park and Lifestyle Center. CenterCal is responsible for water and sewer main extensions, while the Park Trust is responsible for improvements necessary to accommodate the needs of the park. Roads and access are shared costs, with each entity paying a proportionate share. Sanitary Sewer Sanitary Sewer services for the park site will require the construction of a sanitary sewer main extension from an existing connection north of the park site near the Red Feather subdivision. The sanitary sewer main would then extend down the proposed Records Road to the main roundabout entrance of the park. Potable Water Water for the park site will require the construction of a potable water main extension. It is anticipated that the extension will be a looped system, connecting the existing water mains on Fairview Avenue and Venture Street, to the new water main 3-2 Implementation extensions on the proposed Records Road, Park Lane, and Venture Street. 3 What roadways will provide access to the park? The Developer Agreement also contains language pertaining to roads, regarding responsibility of construction, frontage, and access. Records Road Ultimately, Records Road will be extended from Fairview to Ustick. For the purposes of the park development, it is anticipated that Records Road will be constructed from Fairview to the proposed roundabout main entrance of the park. The remaining improvements will be constructed as the Lifestyle Center is further developed. To maximize the green space within the park, the design team suggests limiting the maximum landscape buffer size to 20'-30' along Records Road. Kleiner Memorial Parkway The internal private looped road within the park is a 29' road which will accommodate one-way traffic, as well as on -street parallel parking. The road section includes an 8' bike lane (at the outside edge) and an 11' travel lane. This lane configuration is the preferred width of the City of Meridian Fire Department. Park Lane The proposed Park Lane is an east/west roadway connecting Venture Street to Records Road. Park Lane is proposed to meet the requirements of Ada County Highway District's (ACHD) standards. The 28' road would accommodate two 10' travel lanes, a single 8' parking lane, and curb, gutter, and separated sidewalk. It has not been determined whether this road will remain privately owned and maintained by either the City of Meridian, or Kleiner Trust, or dedicated as a public street, owned and maintained by ACHD. To maximize the green space within the park, the design team suggests limiting the maximum landscape buffer size to 20'-30' along Park Lane. August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 3-3 Road Sections This section illustrates the relationship between family picnic pen space and perimeter road. 7 SOW LCT �, This section describes the relationship between Records Road and parking lot. August 2009 3-4 Implementation 4 Where will visitors park? In the concept design phase of the project, a trip generation and parking demand study was completed. Based on the anticipated size and use of buildings on the park site, as well as acres of general open space use, it was determined that at least 705 and up to 821 parking stalls could be needed to accommodate the anticipated number of cars. Two methods for determining parking generation and demand were used, the Institute of Traffic Engineers (ITE) code, and the City of Meridian standards. Though the City of Meridian does not have a specific requirement for parking in city parks, 14 stalls/acre were used, based on the recommendation of the City of Meridian Parks Department. The requirements for each use are described in the table below. Parking Recommendations The preferred alternative contains two main parking lots near the Civic and Recreation Complexes, as well as parallel parking along one side of Kleiner Memorial Parkway, which combined provide approximately 720 total parking stalls. This number both meets the City of Meridian standards, as well as the recommendations from the Parks Department based on the current parking usage at Settler's and Heroes parks. The design team will work to ensure that sufficient and accessible parking for the band shell and amphitheatre, as well as picnic shelters on the north end of the park is available. August 2009 What about special events? The parking provided at the park is intended to meet the needs of every day park use. For special events at the park, the design team recommends that an Event Plan be submitted. The Event Plan should include strategies for parking and traffic management, such as shuttles and off-site parking agreements. City of City of ITE ITE Meridian Meridian Stalls/1000 SF Total Stalls Stalls/1000SF Total Stalls Use Size or stalls/acre Recommended or stall/acre Recommended Library 7.500 SF 35 26 2 15 Senior Center 15.000 SF 3 45 2 30 Recreation Center 50,000 SF 3 150 2 100 Open Park Space 40 acres 15 600 14 560 TOTAL 821 705 The preferred alternative contains two main parking lots near the Civic and Recreation Complexes, as well as parallel parking along one side of Kleiner Memorial Parkway, which combined provide approximately 720 total parking stalls. This number both meets the City of Meridian standards, as well as the recommendations from the Parks Department based on the current parking usage at Settler's and Heroes parks. The design team will work to ensure that sufficient and accessible parking for the band shell and amphitheatre, as well as picnic shelters on the north end of the park is available. August 2009 What about special events? The parking provided at the park is intended to meet the needs of every day park use. For special events at the park, the design team recommends that an Event Plan be submitted. The Event Plan should include strategies for parking and traffic management, such as shuttles and off-site parking agreements. Julius M. Kleiner Memorial Park Trust — Master Plan 3-5 5 How are irrigation and the water features integrated? The proposed irrigation system includes relocating the existing ground -water well to the southwest corner of the park property, as well as the relocation of existing irrigation facilities utilizing pipe and/or concrete lined ditches. The water source for both park ponds is a combination of Nampa & Meridian Irrigation District (NMID) irrigation water and groundwater supplied from the onsite well. The ponds will store irrigation water for the park, CenterCal property, and the Kleiner Trust property located just south of the park. Both ponds could be kept full year-round, though it will be left to the City's maintenance staff to decide whether to dry the ponds out for the non -irrigation season. A dry pond would allow time for the City's maintenance staff to address any maintenance issues within the ponds. The south slough is currently shown as an open water feature at this time. If it is determined not possible to keep the slough as an open feature, or if fencing is required by NMID, the slough may be tiled. Those details will be explored in the design development phase of the project. 6 What could the park cost? The Part Trust is providing the funds to design and construct the park without any direct costs to the City. However, the City has budgeted funds to cover the equipment and personnel required to operate and maintain the park once donated by the Trust. The total donation anticipated by the Trust to the City is estimated at $25 million, including the value of the land, park design, and construction. August 2009 3-6 Implementation Engineer's Opinion of Probable Costs Element Estimated Cost Landscaping $4,500,000 Site Development $1,300,000 Parking Lot $1,100,000 Internal Roadways $510,000 Internal Pathway $370,000 Irrigation $300,000 Perimeter Fencing $115,000 Site Features & Structures $2,500,000 Entry Feature $100,000 Memorial $500,000 Arboretum $500,000 Mobilization $1,150,000 Land Value $9,000,000 Construction Projects (Senior Center/ Library) $3,000,000 Total $24,945,000 'Does not include off-site roads (Records Rd., roundabout), off-site utilities, or irrigation improvements. Additional costs for these items will be incurred as part of developer agreements 'Includes 20% contingency. 'Design fees not included in estimate. 7 Will development of the park be phased? At the time of the Master Plan adoption, it was anticipated that the Part Trust will pay to design and develop the park as described in the previous chapters. In the event that the cost of such development exceeds the Trust's ability, decisions will be made with the Trust and the City to prioritize the elements. August 2009 �t its, �v�ys•.+rS � tk i �' �,,g ¢���:.r� i =ve.ts;fid f {, ��: Mil, Ut • �r'Srrt� .ate...-�'^Yi. ..--. .. __.-•_' -. .i.� f 01#04 D �;SCUi°J G z, J Gr�EL9'J�5 1 Foreword The following Design Guidelines have been created to ensure that all improvements within the Julius M. Kleiner Memorial Park ("Kleiner Memorial Park") maintain a unified design theme and contribute to a visually appealing public zone. These Guidelines will be administered and enforced by a Design Committee in accordance with procedures set forth in this document. The Design Committee will be formed of parties, to be determined, who have an interest in the future of the Kleiner Memorial Park. In addition, the Parks Director or designee will be the Administrator, providing the necessary assistance to the Design Committee. This document may be amended from time to time by the Design Committee. Before submitting plans, it is the responsibility of each Partner to obtain and review a copy of the most recently revised Design Guidelines. 2 Governing Regulations All development should conform to the following: • This document; • The Meridian City Code, Design Guidelines, Regulations and Codes; • Applicable Local, State and Federal Codes and Regulations. Julius M. Kleiner Memorial Park Trust — Master Plan 4-2 3 The Design Review Process As a Partner of the Kleiner Memorial Park, you should follow the steps outlined below if you plan to construct a structure. 3.1 Get To Know the Park Site A structure within the Kleiner Memorial Park should reflect the locale, creating an environment that responds to the overall site. Because conditions vary throughout the Park, you should get to know the entire project and your specific site. Walk the area, experience the views, and consider the intentions of the Kleiner Park Trust as reflected in the Master Plan. Together, these elements will help to shape the orientation and design of your future structure. Also review these Design Guidelines and acquaint yourself with all of the other documents that serve to regulate and guide the development at Kleiner Memorial Park. 3.2 Pre -Design The addition of specialized design skills and an understanding of site and environmental possibilities will be of major importance in realizing the special character and quality you want your structure to have. Be sure that your architect reads the Design Guidelines and becomes familiar with this document. In addition, your architect should be aware and follow the documents referred to in the Governing Regulations. Once you have decided on a direction, a pre -design meeting should be scheduled with the Administrator of the Design Committee to review your approach to the project's design and to uncover any potential challenges early in the process. 3.3 Schematic Design After the Pre -Design meeting, it is time to have your architect prepare a Schematic Design for your project. The purpose of this plan is to communicate to the Design Committee your design intentions. This important early review is to ensure that your initial design conforms to the concepts contained in these Design Guidelines. An early response by the Design Committee is intended to avert wasted time and professional August 2009 Julius M. Kleiner Memorial Park Trust — Master Plan 4-3 fees that result from pursuing a solution in conflict with the Design Guidelines. 3.4 Design Development The next step in the design review process is the point at which you communicate to the Design Committee, through drawings and related material, your design. The Design Committee will review the Design Development submittal in detail for compliance with the schematic plan and to ensure that it meets the intent of the Design Guidelines. Although deviation from the Design Guidelines may be approved in certain instances, this will be the exception rather than the rule and you, the Partner, should be prepared to carefully document the logic behind any requested exception. Should the design be in substantial variance with the schematic plan submittal or violate any of the Design Guidelines, disapproval may result and a revised submittal will be required. 3.5 Construction Documents Upon Design Development approval, you should submit Construction Documents (working drawings) that conform to the approved plans. Any changes from the Design Development submittal should be documented and delivered to the Administrator. If, after visiting the proposed building location and reviewing the plans, the Administrator determines that the Contract Documents represent a logical and consistent refinement of the previously approved documents, approval will be given. Should the Contract Documents be in substantial variance with the Design Development submittal or violate any of the Design Guidelines, disapproval may result and a revised submittal will be required. 3.6 Building Permit Upon approval of your plans by the Design Committee, and prior to construction, you must obtain a Building Permit from The City of Meridian. Owners are advised that the City may August 2009 4-4 Design Guidelines have certain additional submittal requirements which will have to be met before issuance of a Building Permit. 4 Architectural Guidelines Within the Kleiner Memorial Park, the harmonious integration of new construction and landscape improvements with the natural context of the Park is of great importance. These are also architectural guidelines that apply to the design and construction of structures and building improvements. The intent of this section is to ensure that any adverse impact to the land is avoided as a result of careful siting of improvements and elements combined with the creation of natural areas which will remain free of disruption. These steps, together with the incorporation of certain performance standards and management programs, will aid in creating the serene park -like setting that can be used for diverse public needs while maintaining a traditional character. Design Intent The design character of the Kleiner Memorial Park draws its inspiration from the agricultural traditions of the surrounding area. Structures should reflect the iconic architecture of the past via the use of natural (or natural looking) materials; not literally, yet with a fresh and interpretive design approach via massing and composition. The intent is to allow for flexibility of architectural expression within the given framework and maintain a timeless, traditional feel while incorporating contemporary materials and design methods. The ultimate goal is to achieve a public zone with diverse architectural character that is tied together through design elements representative of the land and history of the surrounding area. Important elements of the Design Philosophy are: site orientation, function, appropriateness, massing harmony, high- quality materials (specified precisely in this section), and simplicity of detail. August 2009 Harmonious integration of building with landscape Good mixture of color and materials, simplicity ofform Julius M. Kleiner Memorial Park Trust — Master Plan 4-5 The architecture is expressed by the massing of a series of stepping forms, planes colliding, texture and color. The buildings are recognized at a distance by simple roof forms, simple materials such as wood siding, and high quality manufactured or natural stone. Designs with an appropriate level of transparency are encouraged, pulling natural light and views of the surrounding landscape through public spaces. Diverse architectural character is to be achieved through the interpretation of these guidelines, material use, complimentary accent colors and forms that reflect the heritage of Meridian, Idaho. In general, these guidelines are more stringent than the City of Meridian ordinance requirements. In cases where there are discrepancies between the two sets of guidelines, the strictest code shall apply. In any case, the Meridian Design Guidelines must be followed in the development of any building within the Kleiner Memorial Park. General Design Considerations Kleiner Memorial Park is a planned development and special consideration must be given to the siting of all improvements with emphasis on the relationship to existing grades, preservation of site features and trees, and the relationship to neighboring structures, features and zones. In some instances, specific design elements are recommended for functional and/or aesthetic reasons. The design and construction of those elements are solely the responsibilities of the owner. Building Height & Massing Building height and massing should be carefully considered, so that all buildings are compatible with surrounding natural features and do not detract from views or the openness of the park. Single -story buildings are encouraged; although, portions of a building may include a second floor. In any case, buildings, or portions thereof, should not exceed 35' in height. In general, building masses should step down to lower heights at the perimeter of the structure to add a sense of human scale to each building. Good mixture of massing and materials August 2009 4-6 Design Guidelines Offsets, indentations, and shadows are encouraged to add interest to forms. Long uninterrupted wall planes, both horizontal and vertical, should be avoided. Although pattern and rhythm are encouraged, large areas of symmetrical massing are discouraged. A balanced, organic composition is preferred. Sustainable Design Practices Although new buildings/structures within the Kleiner Memorial Park are not required to be LEED certified, they should be designed using sustainable practices throughout. Sustainable practices may include, but are not limited to, the following technologies/practices: • Management of on-site storm water run-off with the use of bio-swales and native plants. • Use of public (bus) and low impact (bicycles) transportation as feasible. • Use of local materials, where possible. • Use of low impact materials, where possible, (i.e. low VOC paints and adhesives, and sustainable building materials). • Use of high -efficiency lighting and heating and cooling systems. • Use of good management practices during construction. Exterior Wall Finishes and Color Exterior walls shall comprise of a combination of approved manufactured stone materials, siding materials, and architectural concrete finishes. The following material/finish examples are provided as a design reference. Use of similar type materials/finishes is acceptable. The exterior colors must generally encompass agricultural aspects and the natural landscape of the Meridian area. Colors of "heavier" materials such as stone and CMU shall remain in the neutral tones, while accent materials such as metal and August 2009 Good mixture of color and materials Julius M. Kleiner Memorial Park Trust — Master Plan 4-7 wood siding shall be primarily contrasting, yet complementing, accented colors. Examples of materials that meet standards: • Dimensional Manufactured Stone Veneer Manufacturers: Arriscraft, Coronado "Classic Series" Colors: Earth Tones • Manufactured Stone Manufacturers: Coronado, Eldorado Stone Style: Fieldstone, Ashlar Colors: Earth Tones • Wood Siding: Species: TBD Colors: Natural Stain or Painted Accent Color • Metal Siding: Manufacturers: Petersen Aluminum (Pac-Clad), Fabral Style: Composite Wall Panels, 7/8" Corrugated Panels Colors: Galvalume or Accent Colors • Concrete Masonry Unit (CMU): Manufacturer: Basalite or sim. Type: Smooth, Ground, and Split Face Colors: Earth Tones • Other materials will be considered on a case by case basis and must be approved by the Design Committee. Example of dimensional stone veneer pattern and colors Example of stone pattern and colors Care should be taken to avoid conditions that will produce water staining on the any of the finishes. The incorporation of garden and site walls and sitting areas of native or manufactured stone is encouraged. Fiber cement board siding and EIFS (stucco) may be used sparingly if the designer can show the materials are compatible with the design intent set forth in these guidelines. Examples of various siding types w/ accent color Example of CMU color and texture August 2009 4-8 Design Guidelines Roof In general, relatively low -profile buildings with variety in massing and roof lines are desired. Large intersecting roof planes with exposed structure are desirable. The roof pitch should be a minimum of 3:12 and a maximum of 10:12. The use of low -sloped roofs with a parapet are allowed, but should be used only to complement an otherwise sloping roof configuration. The following are acceptable roofing systems: • Standing seam metal roofing system w/ galvalume finish. • EPDM (rubber) tile roofing system comparable to Carlisle Ecostar "Majestic Slate" with a mixture of colors. • Architectural composition roofing system (asphalt shingles) comparable to PABCO premier series (50 - year min.). Additional specific roof requirements are listed below: All roof vents and exterior mechanical equipment shall be collected and centralized and screened from view. Doors and Windows Generally, deeply recessed and articulated doorways and windows are desirable. Careful consideration should be given to the size, number and placement of windows to achieve an effective and sensitive complement to wall surfaces. Where appropriate, large window areas are encouraged. Highly reflective or mirrored glass is not acceptable for exterior windows. Windows frames and sashes should be of aluminum, wood or clad wood, preferably in a contrasting accent color. Vinyl windows are not acceptable. Window and door trim should be considered in the overall design composition and be of appropriate material, scale, and color. August 2009 Example of metal roofing system Example of EPDM (rubber) roofing system Example of architectural composition shingle roofing system Artistic expression of window/storefront system Julius M. Kleiner Memorial Park Trust — Master Plan 4-9 Exterior Lighting Indirect sources and horizontal cut-off fixtures are recommended to reduce glare and provide general ambient light without crossing the project site's boundaries. Use of exterior lights other than white or pale yellow will require specific approval of the Design Committee. Final approval of the proposed illumination plan will be required by the Design Committee. Lighting levels should not be so low as to create a safety hazard for the general public. Signage Building signage should be limited to one location per building and should be incorporated, naturally and purposefully, into the overall design. Materials such as aluminum and bronze are preferred; although other solutions will be reviewed on a case-by-case basis. Where appropriate, implementation of unlit signs is encouraged. If an illuminated sign is desired, a reverse channel "halo" effect or similar indirect illumination method is encouraged. Backlighted box and neon -lit signs are not allowed. Utility Equipment Screening Roof mounted heating or cooling equipment will be permitted only if screened appropriately. All meters and equipment at grade or on the building should be located away from the general public's view. Any such equipment should be screened from neighboring properties or open space with a site wall, fence, or landscaping that is a visual extension of the structure. Good example of building light fixture Good example of building signage August 2009 -August 14, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 4-B REQUEST Overland Road Landscape Improvements by Steve Siddoway and Phil Hull with The Land Group 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: See attached MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: " Materials presented at public meetings shall become property of the City of Meridian. 3 Page 1 of 1 f "Tara Green From: Steve Siddoway Sent: Thursday, August 13, 2009 4:22 PIVI s -To: Tara Green Subject: FW: Overland Landscape PDFs Follow Up Flag: Follow up Flag Status: Green f Attachments: L110 06361.pdf; L101 06361.pdf; L102 06361.pdf; L103 06361.pdf; L104 06361.pdf; L105 06361.pdf; L106 06361.pdf; L107 06361.pdf; L108 06361.pdf; L109 06361.pdf -Tara, here are the Overland Road landscape plans as PDF's for the agenda item next Tuesday. Thanks! Steve From: Phil Hull[mailto:phil@thelandgroupinc.com] Sent: Thursday, August 13, 2009 2:53 P_M ,To: Steve Siddoway Subject: Overland Landscape PDFs Hi Steve, I have attached the Landscape Plans for the Overland Road re-alignment from,Linder to 10 Mile. I will also put these in a powerpoint on a thumb drive and bring it to the meeting. Is it a workshop meeting during the day or at night on the 18th? Thanks. Phil. 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I X11 1 j I- 111 a III � '" JJJ,,,N3e 1p N 3 t 1 l d 3 D- 7 � to �' ASA N ~� - 1 � i o4epl'uelpiJaw �I sluawnood uoilon.ilsuop g eaay pus�aanp g l In! �;��1! ss Juawu6ijy-aa puejaanp sued adedspual slQi��,@ s 00 s s s « o ... ..... , �. _ .. peod _ iapull ,• r i F I wl E I } -P ie It E e� p aP U Nati P iL— II �� ®III �f +I � 11� 1 � i AM VII ws dS "S 1 I I ........ �tlII M s . m;OWPI m, m)sammo � 'UE!P!JOVY .|ƒ• u pu . ��a 9Wua o . « © ®2 mamq,Vfg4pap� mmd9921 .)/ �ƒ ? ! ». �j . . .. ...... .. : \(� : . .. 1,14 1 a t August 14; 2009 MERIDIAN'CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM -NO. S-A REQUEST Cross Connection Control Update by Richard Dees AGENCY NI COMMENTS CITY CLERK: CITY ENGINEER: F 'CITY PLANNING DIRECTOR: 'CITY ATTORNEY CITY POLICE DEPT: " CITY FIRE DEPT: - CITY BUILDING DEPT: CITY WATER DEPT: w CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: - SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: a SETTLERS IRRIGATION: IDAHO POWER: US WEST:, INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: T. _ Contacted: Date: Phone: Emailed:" Staff Initials: ` Materials presented at putilic meetings shall become property of the City of Meridian. r 4. ._ .. 'August 14, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 5-B REQUEST All Things Transportation: Presentation on Recent Involvement with Various Transportation Stu dies!3Construction Projects, Funding Opportunities and Priority Transportation Projectsjby Caleb Hood AGENCY COMMENTS M CITY CLERK: CITY ENGINEER: ,s CITY PLANNING DIRECTOR: See attached CITY ATTORNEY t CITY POLICE DEPT: CITY FIRE DEPT CITY BUILDING DEPT: 7 ' 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. i t: � Sent:From: C. Caleb Hood _- Thursday, August_ 13, , Green ` Subject: other CC, ~ ^ ` ~ ^ Fhxg Status: Green' Attachments: Transportation_Update August 2009.doc ' - with -the All Things Transportation item onnext weeks agenda. Thank for making this available bothe Mayor and Coun their packets. ^ C.CaHood - Planning Manager ^ City ofMeridian 33E. Broadway Ayenue Meridian, ID 83642 ^ 208.884.5533 (phone) ' 2O8�QSO572���\ ^ . . ^���' � - ., . ~ ~ ` - ~ / ^ ' .. � - ' ~ ' ' ~ ^ , ^ ^ � 8/l =^ . , ^ ' r i r a , i August 13, 2009 MEMORANDUM TO: " Mayor Tammy de Weerd City Council Members F CC: City Clerk FROM: Caleb Hood, Pla $ing Manager RE: Transportation U date, Summer 2009 August 18; City Council Workshop -Agenda Item Below is a summary update of some of the transportation studies and -roadway projects Planning Staff has been involved with over the past couple months. This is not an exhaustive list, but Lrather highlights some of the more important activities that have recently transpired (orare about to transpire) in the transportation realm. Staff will be at your August 18"' workshopto discuss these item's, . but Staff does not intend to go through :all of these projects in detail) during the workshop. Instead, I will be available should you have any comments, concerns or questions you would like to discuss. 1. Studies (lead agency in parenthesis) • IMAP - Idaho's Mobility and Access Pathways (ITD): IMAP is a state-wide effort to implement a system of mobility management that emphasizes moving people instead of the .moder of transportation. IMAP is driven by local communities, specifically 17 local mobility management networks (LMMN) located, throughout the State; Meridian is in the six -county, 3C LMMN. Through IMAP, individual citizens, advocacy groups, transportation providers, human service agencies, and local leaders are working cooperatively to coordinate and plan public transportation and mobility services for their own focal area. The adopted 3C Local Mobility Plan is in the process of being updated. COMPASS staff is taking the lead on updating the 3C Local Mobility Plan. On Monday, July 27th, a meeting was held at city hall to discuss alternative transportation needs and strategies to address those identified needs for incorporation into the Plan. On Monday, August 17th, Councilman �n Planning Departlent 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax -208-888-6854 . www.meridiaricity.org s e � o r„ µ t Page,2 •Zaremba and I willb'e attending a second meeting in which the needs and strategies for the entire 3C area are discussed.by individual citizens, advocacy 'groups; transportation providers, human service agencies, and local leaders from throughout the six -county areaThis meeting will be held at CWI in Nampa. s • TLIP - Transportation & Land Use Integration Plan (ACHD): On June 25"'; ACRD staff met' with Cityl$taff' and Councilman Rountree to discuss the City's Master Street Map. At that meeting we began the process of providing street sections for individual streets a4, what we envision the roadways in Meridian to ultimately look like. This. -map will Ibe used by ACHD as they scope projects for construction as well as development review. • Rails with Trails (,M n dian Alta Planning & Design is under contract with the City to study and recommend an action plan for using the rail corridor. Alta has recently provided the City with a draft action plan. City staff is in the,process of reviewing the draft plan and commenting back to Alta. The study is scheduled to be complete by late summer. Staff will provide further details to the Council in the near future. • Fairview Corridor (ACHD): ACHD and Parametrix are preparing to `reconvene the Fairview Avenue Policy Committee. The ACHD Commission has authorized funding for some further public involvement for the Access Management Plan . (AMP) and ACHD Staff will be seeking buy -in from the Policy Committee on that involvement plan/scope sometimel-in. September. As part of the additional public involvement, another survey and brochure are proposed for distribution to business owners, home owners and . stakeholders in the area. ACHD is trying to obtain greater public involvement and comment on the AMP which proposes a phased implementation approach for 'Fairview Avenue improvements from Linder to Orchard: • State Highway 16 Etension: The commentr eriod for the draft EIS closed on August. 7th The consultant is , currently reviewing the comments received and preparing the EIS for federal submittal and approval — Record of Decision. k 2. Roadways in-Design/Construction ITD I t • TenMile Interchange: Preparation for constructing the interchange has begun; construction should be ' complete around the beginning of 2011. g 1-84,° Garrity to Meridian: A GARVEE project);,;ITD is in the process of widening and reconstructing 6.2 miles, of I-84 between thelbarrity and Meridian Road interchanges. This project includes reconstructing the Robinson and Black Cat bridges which were re -opened earlier this year. Construction of,`the 1-84 widening is scheduled to be complete in 2010. ACHD i { Page 3 9 Attached to the last page of this memo" is an executive summary of the ACHD roadway projects in Meridian. There are three of the projects that are color coded` yellow, meaning there ris an issue, and tithe rest are green, progressing as planned. The _three projects tha"t are yellow are Fairview Concept Design (see detailed description above); 8"'3treet Sidewalk, Cherry to Camellia (see below for project description); and the Linder/Pine intersection which has been delayed due to a condemnation issue. Below is a description of some other construction projects. 8"' Street, Cherry to'Camellia This project includes the -installation of sidewalks on both sides of 8`'' Street between Cherry Lane and Camellia Lane (in front of Meridian Middle School.) ACHD delivered the PS&E` package to ITD on May 4`''. ITD delay's are pushing construction back from 2009 to 2010. • Split Corridor: =f -Phase 1 Y Construction has been completed. -Phase 2 Design process is nearing completion (approximately 75% complete). f � • Ustick and Linder Intersection This 6x6 intersection. includes a traffic signal, bridge widening and sidewalks. Construction is underway; project should be completed in the fall of 2009. u • Community Pro rams/VRF In addition to the -sidewalk projects on Washington and Carlton,, there are three m pedestrian projects along Linder Road that are currently in design'. These projects are being funded with vehicle registration fees. These projects will create a seamless pedestrian path along" Linder between McMillan Road, Sawtooth Middle School and Tully Park. Two of these projects are for HAWK (pedestrian) signals, the third fills ,in the sidewalk gap between McMillan and Sawtooth. Additional updates on other VRFro'ects will b Wg comin in future months. p J F 3. Miscellaneous 3 • ACHD_ FYWP 2011'- 2015 (ACHD): ACHD is beginning its process of prioritizing roadway, intersection, bridge and community program projects for the Five Year Work Plan. ' The District and COMPASS have requested that the City provide its list of priorities by October V. 6 • Transportation Task Force (TTF): The TTF Committee met in August to discuss programming of transportation projects and the City's `priority list., Members from the Meridian Parks Aand Recreation Commission and Joint School District #2 were also present. Safe Routes to School priorities and roadway -intersection priorities for Council consideration will be finalized by the TTF at the next meeting; the next rd TTF meeting will be on September 3. s,a Page 4 z y • Congressman Simpson arid Congressman Minnick: Congressman Simpson and Congressman Minnick will be at Meridian City Hall on August 31St, to conduct a federal transportation forum. This will -be a great opportunity to hear from and discuss with our Congressmen what they foresee happening with SAFETEA-LU A it reauthorization in this .Congress. Please feel free to contact me if `you have any questions or would ' like any more' information on transportation projects. Additional information on most of the projects and studies listed in this'memo can also be found on ACHD's, ITD's,,or COMPASS' websites. i U ` i p �4 U ` i p A� Page,5 r � � w h M N .b7 G r � � IR M d.. N '3 ..� ry �e �. •$ � �y � ry j Q Ra a F: lid" �1. E{ 1111 JIM r � Page I of 1 11 Tara Green From: C. Caleb Hood'II Sent. Thursday, August 13,12009,4:55 PM' To: Tara Green Subject: Priority Transportation Project Memos for CC Packets r Flag Status: Green r Attachments: TTF Priority Memo 8-18.doc; 2009_Full Draft to CC.xls ITD_2009_Full.xls Tara, h Attached`are three documents that are"associated with the agenda item listed above — on the draft agenda"for the CC Workshop on the 19th. Please placeAhese in the Council packets. Thanks, and let me know if you need anything else. FYI — I will be sending you'another memo shortly regarding the other item I am presenting next Tuesday. I'm almost done. ,° C. Caleb Hood �J Planning -Manager City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 208.884.5533 (phone) 208.489.0572 (fax) chood -meridiancity.org " 'N iC x GY � FT August 13, 2009 MEMORANDUM TO: Tammy de Weerd, Mayor Meridian City ouncil FROM: Caleb Hood, Planning Manager CC: Meridian City K Clerk ifi RE: Priority Transportation Project recommendations from the Transportation, Task Force; Agenda Item for. August 18th, 2009 City Council Meeting 9 Background The Meridian Transportatio Task Force (TTF) met on August 6, 2009 to discuss rt transpoation programming i and priority projects for the City. Staff members from COMPASS, ITD, ACHD and VRT were present at the August 6th TTF meeting to disbuss the agencies' CIP/Programming processes.. After the presentations,, the TTF members; . . . tr along with Parks Commissioneis and a Joint School District #2 representative discussed the . . A1111 City's transportation priorities. The TTF has prepared an initial,_ draft list of roadway and intersection projects for the Council's review. The TTF has used][ast Yeaj�iists as 'a starting point in developing this year's lists for Council's consideration. This year there are three priority lists that are being compiled for transportation agency consideration: 1) ACHD'roadways and intersections, 2) ITD highWays/overpasses/intereAtanges, 3) ACHD Community Programs (safe routesto schools, sidewalk/pathways, etc.) The draft ACHD, roadway and intersection list, and an ITD/State/COMPASS project list, as prepared by the TTF accompany this memo and are included as attachments. (NOTE: The TTF has not had enough time to draft a recommended priority list for community programs; but intends to work on that during the September meeting.) The attached lists of roadways and intersection priority projects are just that, a draft attempt. A 6al TTF recommendation to City Council will be prepared and I "1h ready for Council'considerafion during the September 15 Council workshop. UF ACHD is beginning to prepe the 2011 — 2015 Five Year Work Plan. COMPASS and requests ACHD are requesting City be finalized by October 1St so the TIP and FYWP can be prepared this winter. ACHD, ITD and COMPASS receive the City's priorities to consider when making pro amming decisions. The City's top four roadways, new Planning Department - 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533, - Fax 208-888-6854, a www.meridiancity.org it Page 2 intersections, and intersection rebuild requests get bonus p6ints from ACHD for being the most important; all ACHD projects on the City's list get at least 2 points. The top roadway, intersection, and state transportation projects as preliminarily identified by the TTF are:,- A. re::A. ACHD Roadways 1. Eagle Road, Victory to Ridenbaugh (10 pts) 2. Downtown,. Split Corridor Phase 2 (8 pts) 3. Overland,Ten Mile to Linder* (6 pts) 4. Franklin, Ten Mile to Linder (4 pts) 5. Ten Mile,ICherry to Ustick (2 pts) * A developer is currently reconstructing and realigning this stretch of Overland. However, this developer -initiated project will not complete the entire street section — there will be a large portion of the sidewalk, curb; gutter and pavement on the north side of the road that will be missing. And most v of the center medians in Overland are not part of the project either. The TTF discussed moving this project lower on tile list, as the roadway is being improved, but not to its ultimate section. It may be appropriate to rank other roadways that are not currently being worked on higher. NOTE: The E. 3rd Street Connection#and then Pine, Meridian to Locust Grove are the next highest ranked roadway projects. 1i B. ACHD Intersections* (new) 1. Linder/Pine (10 pts) x2. McMilla&Locust Grove (8 pts) 3. Locust Grove/Victory (6,pts) 4. Ten,MileNictory (4 pts), 5. Ten Mile/Amity (2 pts) * If an intersection is in the adopted FYWP as part of a roadway widening project then it has not been put on the list above. The Franklin/Ten Mile intersection is included with Ten Mile, Franklin to Cherry project (CN,,2010); the Ustick/Ten Mile intersection is included with Ten Mile, Cherry to Ustick roadway project (CN 2014); and the Eagle/Victory intersection is included with Eagle, Victory to Ridenbaugh project (CN 201.1). Otherwise, these intersections would be on the new intersection list above. C. ACHD Intersecttons (rebuild), 1. Locust Grove/Ustick (10 pts) 2. Meridian/Ustick (8 pts) i 3. Chinden/Meridian (6 pts) 4. Chinden/L'ocust Grove (4 pts) 5. Chinden/Linder (2 pts) * The intersections"requested for rebuild are not included in any roadway projects and are stand-alone projects in the listpW nd presumably in ACHD's FYP. ' -m D. ITD/State Pri 1. Meridi 2. Linder 3. Widen 4. SH 16 5. Eagle l k Rebuild I Overpass den (Eagle Road to SH-16/McDermott) lsion (US 20-26 to I-84) Corridor Improvements �I r It 01 i1 Page 3 The TTF did not make many changes from last year's priority list. However, there were some changes made. Last year there was just one master list of projects. For this year, the ITD projects have been separated from the ACHD projects and now are in a separate priority list. In addition to format changes, the TTF submits the revised (attached) priority lists and the following comments for Council's consideration: • The TTF had some difficult with prioritizing the to two projects. Both the Y p g p Eagle, Victory tolkidenbaugh and Split Corridor Phase 2 are much needed and highly valued pr jects. In the end, the TTF could not justify any change to the priority of these projects from last year and recommends Eagle, Victory to Ridenbaugh-continue to be the City's highest priority project. • Even though it isnot yet constructed, the TTF recommends removing the Ten Mile, Franklin toICherry project from the priority list (would have been the #4 roadway prioritylYThe ACHD Commission has spent much time discussing this project and has committed to constructing the whole project, from and including the Ten Mile/Franklin intersection up to Cherry Lane in FYI 0. However, because the TTF recommends not including this project on the list, they do recommend calling out the project in the City's narrative/cover,letter, to ACHD as a high priority "roject that we are banking on getting done in 2010, because the ACHD Commission studied and made a final decision earlier this, year. not to split this project into two phases. • The TTF.wants ACHD to focus on completing corridors and two corridors were identified as high -priorities: Ustick and Ten Mile. Because ACHD, with Ustick improvements through Boise, and ITD, with the Ten Mile Interchange, are making investments in these corridors, the TTF believes ACHD should make an effort to create full, usable transportation corridors rather than -constructing piecemeal improvements that only benefit a mile or two at a time. So Ustick, from Cloverdale to Meridian Road (3 miles, east to west) have advanced to 10;, I l and 12 on the priority list and Ten Mile, from Cherry to McMillan (2 miles, north to south) have advanced to be roadway widening priority project numbers Y 13 and 14 on the list. • The TTF,has added five new projects, three intersections and two roadway projects, to the priority list: Chinden/Linder intersection; Ten Mile/Amity intersection; Black Cat/Franklin intersection; Fairview, Eagle to Cloverdale; and Franklin, Touchrnark to Cloverdale. These projects have been added, in the order listed above; to the bottom of the priority list. Except for the Chinden/Linder intersection, which is only in the CIP, the rest of the projects are currently in ACHD's adopted FYWP. Next Steps After Council review and comment, Staff will report back to the TTF. Then a final list of roadway -intersection priorities will be prepared for Council review (including any further tweaking) and endorsement in September. Staff will prepare the final lists along with comments in letter format for Council's consideration during the September 22nd workshop meeting. In the meantime, Staff and the TTF will work with the School District and the Page 4 Parks Department to identify Safe Route/Community Programs requests, and bring that list to the Council as well on the 22"d Request r� Staff requests that Council consider the updated list of transportation projects from the TTF and provide any comment the, -Council sees fit in providing the TTF with further direction in prioritizing roadway and intersections prior to finalizing the lists. Staff further recommends that Council make the following revision to the draft list attached: • Relocate the Overlard Ten Mile to Linder project from #3 on the priority list to be` further down on the list. The TTF discussed this issue, but failed to officially address it when drafting priorities. Staff recommends that this project be listed just before_ the new projects that were added to the list, so near the bottom of the priority list. Staff also requests Council direction on the associated cover letter(s) that will be 11 transmitted with our priorityists. Are there any points you want Staff to specifically make in drafting letter(s) to the transportation agencies? Thank you for taking the time to discuss this with me on the 18th. N 2 cn 4 0E r v' -5 FA 'D M C 'Gi N p EO -1 01 In 0 u aro>�. E- t:; o B -O 0 c U) c ZA M a - 0 E cm I m0. 0 ::1.— t a) r '�O a) U 0 a) CI 13 0, T (V 0 w a m 0. cu r cm m CL V) z • U a z C 0 0 z ra :5 m 0 0 Ln 0 rl 0 m 0 LL = 0 0 —0 a) 0 E 00, i of 1— 0 -.0 yd. 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V: . . . . c'O E F4 ar d) al N m 0 E v Ln !L -a au Ln 0 :E U 2- rIj ro E 2 w > cu 'a r (D 2 cn Ln Lmu c 'z..c uj 8 N M R Ln 0 2 August 14, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. 5-C REQUEST Overview of -Proposed Project by Cyanergy for Nutrient Removal and Algae Growth Project forjthe Wastewater Treatment Plant by Richard Dees AGENCY CITY CLERK: CITY ENGINE `CITY PLANNII CITY ATTORIN CITY POLICE CITY FIRE DEI CITY BUILDIN CITY WATER CITY SEWER I CITY PARKS I MERIDIAN SC ADA COUNT SANITARY SEI CENTRAL DIS NAMPA MER SETTLERS IRRI IDAHO POW US ' W EST: INTERMOUNI MERIDIAN PC OTHER: Contacted:- Emailed: Dater Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. E FACILITY USE AND INDEMNITY AGREEMENT Between Cyanergy'and the City of Meridian for Nutrient Removal and Algae Growth Project ` at the City of Meridian Wastewater Treatment Plant N � This`FACILITY USE.AND INDEMNITY AGREEMENT is made this day of August, by and between Maxine Prior on behalf of Cyanergy, LLC, a limited liability company organized under the�laws of the State of Idaho, whose address is 2254 W. Trestle Way, Meridian, Idaho (hereinafter "Cyanergy"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 331E. Broadway Ave., Meridian, Idaho., ,,` -,1,, WHEREAS, pursuant to the Work Plan attached hereto as Exhibit A, Cyanergy seeks to work with the City of Meridian Public Works Department to -complete a pilot study on wastewater, to -wit: reduction of nutrient levels in secondarily treated wastewater and the viability of using wastewater to grow, algae for the purposes of extracting'' nutrients and producing biofuel; and. WHEREAS, pursuant to the Work Plan attached hereto as Exhibit A, the City of Meridian Public Works Department is willing to allow Cyanergy to access and use its facility and equipment for these purposes mi return for a final report of Cyanergy's findings at the conclusion of her project„ NOW THEREFOR]f}E, in consideration of the recitals and mutual covenants, agreements, and inducementPcontained here n-, the parties,,hereby agree as follows: I. SCOPE OF PERMISSIONS GRANTED BY CITY.' , ,A. Time of access and use. Cyanergy_ shall be granted access to and use', of City facilities and equipment only during normal business hours and at such times, ,rexpressly permitted by.the Director of the City of Meridian Public Works Department and -his designee(s) ("Public Works"). The selection and designation of the personnel of City in the performance of this agreement ,shall be made by City. B': Scope of access a, d- se. Cyanergy's access to and use of City facilities and equipment shall be limto ited to the uses set forth in the "Nutrient Removal and Algae Growth in Post Secondarily Treated Wastewater/Work Plan" attached hereto as Exhibit A and incorporated herein by reference ("Work Plan"), as well as by all reasonable restrictions on such access and use as shall be established by Public Works. Cyanergy shall access and use City facilities and accomplish all work under this Agreement only insofar as such access and use is consistent with the requirements and standards established by`applicable federal, state and city laws, ordinances, regulations and resolutions. p 1NDEMNITYAGREEMENT- CYENERGYWASTEWATER RESEARCHPROJECT PAGE 1 OF 10 ,C. Preservation of health and safety. Cyanergy represents and warrants that it is, and all of its membersl agents, and employees are, fully qualified to, and shall, perform the project and all components thereof as described in the Work Plan in accordance with generally accepted industry standards and practices. Neither Cyanergy nor any byproduct or component of its project shall in any way harm or endanger the health, 'safety, and/or welfare of Cyanergy members, agents, or employees; any member of the public; "and/or City staff. Neither Cyanergy nor any byproduct or component of its project shall damage, endanger, or affect City facilities or equipment or the operation of City facilities or. equipment. D. Time of performance. This Agreement shall become effective upon execution by both parties, and shall expire upon October 31, 2009, unless sooner terminated - A or extended as provided herein. E. No compensation Except as expressly se(forth herein, neither Cyanergy nor City shall be entitledIto receive any compensation, salary, wages, or other type of remuneration for deliverables rendered urider'this Agreement. / II. INDEMNIFICATION. A. Indemnification. In consideration of.Cyanergy's access to and use of City facilities and' equipment to complete the project as described in the Work Plan, t u. Cyanergy shall, and hereby does; indemnify and save and hold harmless City from and for any andlall losses; claims; actions; judgments,for damages; injury to its members, agents; "or employees, 'other persons, or property;and/or losses and expenses`caused or incurred by Cyanergy and not caused by or arising out of.the tortious conduct of City of Meridian. Cyanergy acknowledges that accessing or using City facilities and equipment carries 'a risk "of injury and/or death, and assumes these and any and all other risks and hazards of such activity and any activity related thereto. Cyanergy forever waives and releases, on behalf of itself, r rts members; its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal_ representatives, any and all claims and/or rights for 1 damages Cyanergy and its members, agents, and/or employees now has or may ` hereafter have again �t the City of Meridian and/or its employees, elected officials, 41 agents, guests, and/or;business invitees, suffered in connection with or arising out of Cyanergy's access'to and use of City facilities and/or any activity related thereto and not. caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Cyanergy acknowledges'that the City of Meridian shall .riot provide for Cyanergy or .,for its n embers,'agents, or employees any insurance or coverage of any kind, whether financial, medical, or otherwise; for any accidents, injuries, illnesses, losses, or damages that result during or arise out of Cyanergy's actions Hereunder and/or any activity related thereto. INDEMNITYAGREEMENT- CYENERGY WASTEWATER RESEARCHPROJECT, PAGE 2 OF 10 k C. Waiver. Cyanergy and its members, agents, and employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or, property arising from, growing out of, or in any way connected with or incident to"Cyanergy's performance of this Agreement, whether such loss ortamage may be attributable to known or unknown conditions, except forpliability caused by or, arising out of the tortious conduct of the City of Meridian or its employees. D. Worker's compensation. Cyanergy shall not'be required by this,Agreement to obtain worker's compensation insurance because its member, Maxine Prior, will be acting as a sole practitioner; however, should Cyanergy, in the course of work- related ork-related to this A eemerit employ any person, C avear gY,shall notify City immediately and sha117 obtain worker's compensation insurance in the statutory limits as requiredbylaw. III. GENERAL PROVISIONS. A. Relationship of Parties. Cyanergy is, and its members, agents, and employees are, neither an independent contractor(s) nor an'employee(s), agent(s), joint venturer(s), or partner(s) of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Cyanergy and City_of any official, agent, or employee of City; or between any Cyanergy members agent; or employee and the City or any official, agent, or employee of City.; B. 'Termination. If,.through any cause,`Gyanergy fails to comply with the terms of this Agreement; violates any of the covenants, agreements, and/or stipulations of this Agreement; falsifies any record or document required to be prepared under this agreement, engages in fraud,_dishone`sty, or any other act of misconduct in the f performance of this contract; and/or if the City Council determines that termination of this Agreement is in the best interest of City, City,shall thereupon have the right to immediately terminate this Agreement by providing written notice to Cyanergy of such termination. Cyanergy may immediatelyierminate this Agreement atanytime by providing written notice to City. Notwithstanding '"this,or any other. provision of this Agreement, Cyanergy shall not be relieved of liability to City for'any damages sustained by City by virtue of any breach of this Agreement byCyanergy: This provision shall survive the termination of this agreement. 3 J C. Notices. Any an allVnotices 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 by United States Mail, certified, return receipt requested, addressed as follows:= + INDEMNITYAGREEMENT- CYENERGY WASTEWATER RESEARCHPROJECT PAGE 3OF10 G City: City ofMeridian Public Works Dept. � pr: Attn: Richard Dees 33 E. Broadway Avenue Meridian, Idaho 83642 Cyanergy: Cyane"rNgy, LLC Attn: Maxine Prior 2254 W. Trestle Drive Meridian, Idaho 83646� Either art may change their address for the purpose of this Ara a h b ' giving party Y g p��♦ p.. �' p Y g g written notice of such 1c6ange to the other in the manner herein provided. D. Compliance with laws. In participating in the Protect and/or any activity related thereto, Cyanergy shail comply with all applicable laws, ordinances\, policies, and codes of Federal, State, and local governments, and shall not discriminate against any person on the basis of race, color, religion,._ sex, national origin or ancestry, age or disability. 4 i E 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:`` F. Assignment.- It is expressly agreed and understood by.the parties hereto, that Cyanergy,shall not have' the right to assign, transfer, hypothecate or sell any of her rights under this Agreement except upon the prior express written consent of City. G. Reports and information. 'At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and 'mforination as City may -:request pertaining to matters covered byrthis'Agreement. ` Cyanergyshall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of d 11 'four (4) years from -the termination or completion of this or Agreement. This `-includes any handwriting, typewriting, printing, photo static, photographic and every ether means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or'any combination thereof H. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. � I INDEMNITYAGREEMENT- CYENERGY WASTEWATER RESEARCHPROJECT PAGE¢4 OF 10 y I. Entire Agreement. This Agreement contains the entire agreement of the parties 1 and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. J., Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. K. Applicable Law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. , IN WITNESS WHEREOF, the parties shall cause this Agr ementytol be executed by their duly authorized officers to be effective as of the day and�year first above written. f� CYANERGY: Maxine Prior Cyanergy, LLC STATE OF Idaho/ ) '; hl C `,1 "1.� ) ss: ° County of ) I- HEREBY CERTIFY that 6n this day of 2009,before the undersigned, a Notary " Public in the State of Idaho, personally, appeared Maxine Prior, known to me to be the person who executed the ' said instrument, and acknowledged to me that she executed the same. 4' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. `y 1. J Notary Public for Idaho CITYOF MERIDIAN: d BY: Tammy de Weerd, Mayor Attest: Jaycee Holman, Residing'at My Commission Expires: W INDEMNITYAGREEMENT - CYENERGY WASTEWATER RESEARCH PROJECT ` I� Idaho PAGE 5 OF 10 El , INDEmNiTYAGREEmENT- Jy Ws£z w TER RESEARCHPROJECT \ ^ PAGE 6 OF !0 g n NutrientF Removal and Algae Growth in Post Secondarily Treated Wastewater' Work Plan July 2009 Meridian, 'ID 1 { r F ry Cyanergy LLC a v a. Project'Summary 1 The first of twoAls, for this ro'ect is to reduce nutrient levels in secondarilproject Y treated wastewater", This project will monitor the reduction of phosphate and nitrate in wastewater using the algae Botryococcus braunii in a photo bioreactor. Previous laboratory studies have shown that B. braunii` is successful'in the uptake of nutrients from the proposed wastewater stream. Phosphate and nitrate concentrations are expected to be econsiderably lowered, dependent on flow rate. Based on laboratory data, a reduction of 40% to, 50% is well within expectations. ak` The second goal s� to produce a successful crop of algae grown exclusively on `"wastewater, in thephoto bioreactor system: Bioreactor design efficiency will be tested based onTalgae biomass and nutrient removal. The strain of algae used for this'project, B. braunii is known.to be resilient to bacteria and should thrive in the wastewater conditions. B: braunii is known to have a high lipid content that may be extracted and used for biofuel This projectwillbe conducted with the consideration of a future extraction process. b. Objectives and Tasks 1. Set up of photo -bioreactor near secondary clarifier area. Configure water pump and backflow preventer to draw from post secondary clarifier stream. 2. Inoculate the photo bioreactor with B. braunii and monitor cell growth until'a high cell count is achieved; approximately four weeks. 3._ Once a highs cell count is'achieved, begin continuous flow of wastewater through the reactor. Monitor -feed stream and effluent stream for nutrient concentrations: 4. Following,a four week run, drain wastewater from the reactor, dry and weigh mass of algae Extraction of the lipids may take place at a separate location if applicable. 5. A final report with all findings will be generated and shared with the city of 1Meridian.� � c. Obstacles and`Challenges 1. The main challenge will be to contain the algae within the photo bioreactor system to mainiain a high cell concentration. The effluent from the reactor will exit through a weir to trap a majority of the algae population: Following the°weir; the effluent will pass through a ceramic filter before being rejoined with the post secondary clarifier stream. t Cyanergy LLC k 1 ° i d. Participating Organizations 1. Maxine Prior, Cyanergy, LLC Mrs. Prior will be the principle investigator and engineer. Design, ,construct and setup of photo bioreactor. Maintainreactor and troubleshoot any issues. Sample and test feed and effluent stream. Maintain, at culture. f f - Drain and dry algae after project completion:,' ' Generate Ireport and submit to the city of Meridian. y 2. Kevin Feris Ph.D., Boise State University Dr. Feris will act as primary consultant/rr icrobiologist.\ 3. Rich Dees, M e Vidian's Wastewater Treatment Facility Primary contact 4� Participation from the Treatment Facility will include access to the facility during normal hours of operation_ to maintain the system and ' access Owater'testing facility. Implementation Timeline' Y 2009 '" `'' `'' 'a "' `° r- °° Q Activities ami 1: ,r Reactor setup and connect to water supply. X Inoculate reactor with Albraunii and 1. inoriitor cell growth. p w �• Ii X X X X 2 Troubleshoot any issues with reactor. Begin continuous flow of wastewater. 1. Monitor nutrient concentrations. X X X X 3 Troubleshoot any issues with reactor. f l' 1. Drain reactor, 'dry and weigh algae _ 4 mass. X 5' Report generation and submission. X Contact Information of Key Personnel 1 Name Address T a Principal s 2254-W. Trestle Drive 208-250-2978 maxineprior@hotmail.com Investigator t Meridian, ID 83646 f /Engineer Contact Information of Key Personnel Position Name Address Telephone # E-mail Principal Maxine 2254-W. Trestle Drive 208-250-2978 maxineprior@hotmail.com Investigator Prior Meridian, ID 83646 f /Engineer Consultant Kevin Department of Biology 208-426-5498 KevinFeris@boisestate.edu /Microbiologist Feris, Ph.D. Boise State University Boi"s"e, ID 83725, City Contact Rich Dees City of Meridian 208-888-2191 `rdees@meridiancity.org Water Treatment Facility`v Cyanergy LLC "' I �e 'August 14, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANTITEM NO. w 5-D REQUEST Agreement with Ostara Technologies for Nufrient Recovery Pilot Study for the Wastewater' Treatment Plant AGENCY ^ COMMENTS -CITY CLERK: J CITY ENGINEER: See attached CITY PLANNING DIRECTOR:' ' a s� CITY ATTORNEY CITY POLICE DEPT: F CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: I MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT:' SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: T'1` SETTLERS IRRIGATION: } IDAHO POWER: 'US WEST: ' INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: 1 OTHER: Contacted: , { Date: }' Phone: 'Emailed Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r{ i y 4 t I Si i Ma ar Tammy de Weerd T CY +C""l Memberu E ID � Keith Bird 1 D A'H 0 Brad l-louglun "bli C; Charles Rountr David Zaremba Works Depart M-'ent TO: Mayor Tammy de Weerd Members of the City Council FROM. Clint Dolsby, Assistant'City Engineer BATE: 07/29109 SUBJECT: COUNCIL AGENIiA ITEM FOR AUGUST 11; 2009 r The Public Works Department respectfully requests the following item be placed on the August 11 City Council agenda, under Department Reports, for Council's consideration:- g ©ut tnrich iu'proprietary technology for recovering struvite from nutrient 1quidwaste streams. The 'struvite is recovered in a pelletized form that is suitable for direct use as a fertilizer. The primary objective of the OSTARA Nutrient Recoveij Pilot Study is to determine the optimum operating conditions to maximize the removal of phosphorus as struvite from the wastewater plant solids return feed, r The pilot study is tentatively'scheduled to run from September 12th to the 16`h which is during the Pacific Northwest Clean Water Association's Annual conference. The removal of struvite from the wastewaterplant could potentially reduce the potential for nuisance struvite' formation 'and is an alternative under consideration for the long term plan for struvite control This is a no cost task order with Ostara, City Staff will provide laboratory analyses of the solids feed stream and assistance with tH6 pilot reactor erection and dismantling. Recommended Council Action: The Public Works Department recommends that City Council approves the Ostara,Nutrient Recovery Pilot Study with Ostara Technologies, Inc. for no cost and authorize the Mayor to sign it. �l Thank you for your consideration.- Please contact me if you have any questions regarding this item, t { µ 4 d Y j Page 1 of 1 AGREEMENT FOR NUTRIENT RECOVERY PILOT STUDY �i THIS AGREEMENT FOR NUTRIENT RECOVERY PILOT STUDY is made this 20d day of July , 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 Ostara Technologies., hereinafter refen-ed to as "OSTARA", whose business address is 690- 1199 West Pender Street, Vancouver, BC V6E 2R1. INTRODUCTION Whereas, OSTARA has proposed a no -cost pilot study of its nutrient recovery technology at the Meridian Waste Water Treatment Plant; and �1 WHEREAS, OSTARA is specially trained, experienced and competent to perform the pilot study.' 1 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 Pilot Study: 1.1 OSTARA shall perform the pilot study as set forth in the proposal dated June 19, 2009, hereinafter referred to as "PROPOSAL" attached hereto and incorp,,rated herein by this reference. 1.2 OSTARA shall provide services and work under this Agreement consistent with the requirements and "standards established by applicable federal, state and�bity laws, ordinances, regulations and resolutions. OSTARA 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. AGREEMENT 1 of 6 f $ F I 2. Consideration The pilot study performed under agreement shall be at no cost to CITY. 3. Time of Performance: 1 This agreement shall become effective upon execution ey both parties, and shall be performed as specified in the PROPOSAL. 1 4. Independent Contractor: i 4.1 In all matters pertaining to this agreement, OSTARA shall be acting as an independent contractor, and neither OSTARA nor any officer, employee or agent of OSTARA will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 OSTARA shall determine the method, details and means of performing the work and services to be provided by OSTARA under this Agreement. 1 5. Indemnificatlon and Insurance: OSTARA shall indemnify and save and hold harmless CITY from and for any and all losses, claims, fines, penalties, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys fees, arising out of,' resulting from, or in connection with the negligent acts and/or errors or omissions by OSTARA, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its Its servants, agents, officers, emvlovees: guests, and business Invitees. OSTARA shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: `General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, 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 CITY shall be named an additional insured on both General Liability and Automotive policies. 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. OSTARA shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing OSTARA'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 OSTARA begins AGREEMENT 2 of 6 performance of its obligations under this Agreement. 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. 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 Ostara Technologies 1199 West Pender St., Suite 690 Vancouver, BC WE 2111 Canada 7. Change of Address: 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. 8. Attorney Fees: Should any litigation be commenced between the parties hereto conceming 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. 9. Assignment: It is expressly, agreed and understood by the parties hereto, that OSTARA 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. 10. Discrimination Prohibited: In performing the Services required herein, OSTARA 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. 11. Compliance with Laws: In performing the scope of services required hereunder, OSTARA shall comply with all applicable laws, ordinances, :and codes of Federal, State, and local governments. AGREEMENT 3 of 6 12. Termination: If, through any cause, OSTARA, 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 OSTARA of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, OSTARA shall not be relieved of `liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by OSTARA. This provision shall survive the termination of this agreement and shall not relieve OSTARA of its liability to the CITY for damages. 13. 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. 14. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 15. 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. 16. 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. AGREEMENT 4 of 6 17. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIANO TECHNOLOGIES BY: � _ TAMMY de ,,W RD, MAYOR BY: Mhtt fuzma — Vice President Dated: Attest: JA IA'- U!Z .Da July 22, 2009 �01 Department Approval SEAL CITY CLERK aP� BY: NAME: Int Oalskl TITLE: Ut j ;ter Dated: Btrglca AGREEMENT 5 of 6 EXHIBIT A PROPOSAL DATED June 19, 2009 AGREEMENT 6 of 6 11, 'OSTRRR NUTRIENT RECOVERY TECHNOLOGIES INC. MERIDIAN WWTP NUTRIENT RECOVERY PILOT STUDY PROPOSAL . June 19, 2009 A OSTARA TECHNOLOGIES 680-1199 WEST PENDER STREET VANCOUVER, BC V6E 2R1 604 408 6697 WWW.OSTARA.COM t i TABLE OF CONTENTS 1. Background...................................................................................:........:......... 3 1.1 Benefits of the Ostara Process.................................................................A 2. The Pilot Study ........................... i.uuvo.quu..uP........qu..uu.....................qu....... 6 2.1 Study Objectives.........................................................................................6 2.2 Study Method............................................................................................6 2.2.1 Phase 1- Review of Available Data ..................................................... 6 2.2.2 Phase 2 - On -Site Testing ................................................................ 6 r 2.2.3 Phase 3 - Full Scale Facility Design Review and Proposal ............... T 2.3 The Pilot Plant............................................................................................8 3. Project Responsibilities....................................................................................10 4. Pilot Study Costs ...............................................................................................11 9 3 E 1. Backsaround This proposal outlines the scope, methods and terms for a pilot study of Ostara's nutrient recovery technology at the Meridian WWTP in Meridian, Idaho. Ostara Technologies, Inc: (Ostara), a subsidiary of Ostara Nutrient Recovery Technologies, Inc., offers proprietary technology for recovering struvite from nutrient rich liquid waste streams. The process was developed at the University of British Columbia and was licensed exclusively to Ostara in 2005. The struvite is recovered in a pelletized form that is suitable for direct use as a fertilizer. Ostara has conducted extensive trials and marketing activities to establish the market for this fertilizer product, which is sold under the trade name Crystal Green®. The first full scale facility went into operation in Edmonton, Alberta in May 2007. The second full scale facility is undergoing commissioning in Portland, Oregon. The Ostara process Is based on the initiation and control of struvite precipitation within a fluidized bed reactor. Struvite is an equi-molar crystalline matrix of magnesium, ammonium and phosphate (NH4MgPO4-6(H20), which forms when each of these three precipitants is sufficiently present. In Ostara's process either one or two of these precipitants is added, such that the remaining compounds) is removed from solution and struvite is formed. A number of parameters are critical to the formation of struvite (particularly pH), and these are controlled in Ostara's process. Reactor design is also fundamental, with treatment capacity being governed by the mass loading of nutrients. The hydraulic capacity of a given reactor is therefore dictated by the nutrient concentration of the feed stream. The up -flaw water velocity is maintained within the vessel by recirculation to keep the struvite bed in suspension, and this also causes biologicaVorganic solids to be washed out of the system. The reactor has a hydraulic retention time of 7 minutes. The struvite pellets are retained within the reactor for 1 to 2 weeks to allow time for sufficient crystal growth, with the larger pellets being periodically removed from the base of the reactor. The process is commonly applied for the removal of phosphorous from sewage sludge liquors (e.g. supernatant, centrate, filtrate etc.). As nitrogen is abundant, the only precipitant added to the process is magnesium (typically in the form of magnesium chloride). Where the pH of the feed stream is too low alkalinity is also added (e.g.'sodium hydroxide). This standard process configuration is shown in Figure 1 below. Industrial waste streams rich in phosphorous are also suitable for the process. The technology is capable of achieving phosphorus removal rates well in excess of 90%, however, Ostara's experience indicates that the economic optimum removal efficiency varies depending upon the waste stream to be treated. Figure 1. Overview Diagram of Ostara's Nutrient Recovery Process 1.1 Benefits of the Ostara Process The benefits of Ostara's struvite recovery technology divide broadly between benefits for the treatment plant in which the technology is employed, and benefits at a broader environmental level: Treatment Plant Benefits: • Reduced nutrient loads — by removing nutrients from high strength liquors (being returned to the main biological treatment process) the load imposed on the treatment plant is considerably reduced. This in tum enhances the capacity of the biological process, reduces energy consumption and reduces the amount of waste activated sludge produced. Ostara's technology is key to enabling biological treatment plants to reliably and efficiently meet challenging final effluent nutrient limits. • Prevention of struvite scaling — by causing struvite to precipitate in the reactor, its unwanted formation in downstream process equipment is eliminated. Furthermore, as the concentration of struvite forming compounds is reduced in the main biological process, the formation of struvite in the entire solids treatment stream is also reduced. This avoids the need to 'dose metal salts (e.g. ferric chloride, alum, etc.), thus avoiding the productionof chemical sludges. It also avoids pipe%q'uipment blockages due to scaling, thus reducing maintenance and improving plant reliability. • Reduced biosolids phosphate content — by recovering a large fraction of the plant phosphate load as Crystal Greene, the concentration in biosolids is 11 E significantly reduced, thus facilitating reuse where land application rates are phosphate limited. w Environmental Benefits: • Conservation of phosphorous resources — phosphorus is a mineral resource that is being depleted at a rate which is of concern to numerous national and International agencies. It is an element that is essential for all forms of life and which cannot b&substituted. The conservation of phosphorous is therefore recognized as one of the key priorities in sustainable economic development. 0 Fertilizer production — the production of Crystal Greene is estimated to result in reductions of over 50% in sulfur dioxide, carbon monoxide and nitrous oxide emissions; and 80% in carbon dioxide equivalent emissions compared to traditional fertilizer manufacture. Crystal Greene also contains less impurities than mineral fertilizers. • Eutrophication — increasing concern over the environmental impacts of nutrient discharges into°water courses is prompting considerable regulatory action. Ostara's technology addresses this through assisting treatment plants to meet nutrient limits in final effluents, and also due to the slow release nature of Crystal Greene. Slow'release fertilizers result in much higher take up by plants compared to conventional fertilizers, and hence much lower runoff of nutrients into water courses. For the treatment plant owner these benefits translate into reduced costs, improved reliability, superior environmental stewardship and improved final effluent quality. 2 The Pllot Study 2.1 Study Objectives The primary objective of the Ostara pilot study'is to determine the optimum operating conditions to maximize the removal of phosphorus from the feed stream. Secondary objectives for the study are to assess the quality of the Crystal Greene produced. The study will also allow nutrient loading rates (and removal efficiencies) to be assessed, thereby confirming hydraulic loading rates and hence reactor'capacities. This will confirm the design basis of a full scale struvite recovery facility and hence enable the costs and economic justification to be investigated. 2.2 Study Method w Ostara's pilot study process is typically conducted in three phases, as detailed below: 2.2.1Phase 1— Review of Available -Data In Phase 1 the Ostara team reviews historical plant records, together with the results of jar testing.- Particular emphasis is placed upon assessing variations in the centrate quality and flow, along with equipment bperating schedules: The quality parameters of key interest are: . ' Phosphate (PO4'— P) T Magnesium Ammonia r Total Suspended'Solids` • pH .. A suitable area to_locate-'the study'needs'to be identfied onsite —this should be within'i building and as dose as possible t0411e centrate source. 2.2.- 2 Phase 2 = On -Site Testinsa During Phase 2 the pilot equipment will be installed, commissioned, operated, and then decommissioned. During this phase Ostara proposes to provide a full'time operator, who will be supported by Ostara's full technical team. The actual testing period required is estimated at 4 weeks, with allowance' for an additional week to install,' commission and dismantle the ekluipment. During. Phase 2 Ostara will be grateful if operiWonaUmaintenanc a laboratory staff can be made available to assist with the study, particularly during the setting up and `dismantling pe Sampiing "and Analysis The proposed sampling and analysis program for the assessment of struvite formation from the `digested siudge'dawatering stream is summarized in Table 1'` below. V_ 4 4. Pilot Study costs The total price for the pilot study project as proposed is $0 as incentive to allow operation,during the PNCWA conference in early -mid September, 2009. Prices do not include any applicable taxes. Table 2: Project Cost Breakdown Item Description Unit No Cost Subtotal 1 Pilot unit rental Month 1 $0.00 2 Shipping LS 1 $0.00 3 Operations support da 2 $0.00 4 Operations Dai da 28 $0.00 6 Feed chemicals LS 1 $0.00 7 Travel and Air Fare LS 3 $0.00 8 Reactor operator livingexpenses da 28 $0.00 Net Costs that may be incurred by Meridian have not been included. These will include laboratory costs and staff/management time, plus costs associated with the Meridian plant responsibilities, as identified in Section 3. Accepted and Signed: City of Meridian: Ostara Technologies: Signature Name Title d n. 1 f August 14, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO. S -E REQUEST Mayor's Office Strategic Focus Discussion by the Mayor's Office AGENCY COMMENTS CITY CLERK: a 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: w, SANITARY SERVICE -COMPANY CENTRAL DISTRICT HEALTH: :4 NAMPA MERIDIAN IRRIGATION: 'SETTLERS IRRIGATION: P r IDAHO POWER: F 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. t August. 14, 2009 MERIDIAN CITY COUNCIL MEETING August 18, 2009 APPLICANT ITEM NO: 6-A REQUEST Ordinance --Authorizing Conveyance of Real Property, Approving a Purchase Agreement and Deed to Ada County Highway District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT:' CITY SEWER DEPT: , CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: t 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 ORDINANCE NO._ (R - (C%740 i BY THE'CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED FEAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT LOCATED AT 303 NORTH TEN MILE ROAD, A PORTION OF ADA COUNTY PARCEL NUMBER S1210449020 LOCATED IN THE SE `/ OF THE SE '/ OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, AND ATTEST ON BEHALF OF THE CITY OF, MERIDIAN THE PURCHASE AGREEMENT, DEED AND OTHER DOCUMETS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A ,WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned ,'by the city which is underutilized or which is not used for city public purposes; and, 4 r WHEREAS, when it is determined by the City Council to Tie in the City's best interest, the Council may by Ordinance duly enacted, authorize the' transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, 1 WHEREAS, the proposed transaction would convey the real property to the Ada County Highway District for right-of-way purposes; and, WHEREAS, a public hearing was held at the regular,,'meeting of the Meridian City Council on August 11, 2009 and at'the conclusion of such' hearing, the City Council moved to approve the conveyance, subject to certain terms aiid conditions, and directed staff to bring forth this Ordinance authorizing the conveyance.; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the August 11, 2009 meeting of the Meridian City Council. E Section 2. That the' City Council determined after the public hearing that the proposed conveyance is in the City's best interest and that the property is currently underutilized and should be transferred without compensation. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page al of 2 Section 3. That'the City Council has reviewed and approved the Purchase Agreement attached hereto and incorporated herein. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest the * Purchase Agreement, deed, and any other documents necessary to complete the conveyance authorized by this Ordinance. s Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian Idaho this ' p da > � Y of �2009. APPROVED by the Mayor of the City of Meridian, Idaho, this li day of 2009. APPROVED: M YOR ``` �tuutttt,n",t"!I ATTEST: ��`���/��"'�,,,,,�, w Fo ' CITY ERK - �'�I' Cb ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 2 of 2 Ten Mile Road— Franklin to Cherry Project #504003 Parcel 9 —. City of Meridian T 3N, R 1W Sec 10 S1210449020 PURCHASE AGREEMENT THIS AGREEMENT is made this day of , 2009, between ADA COUNTY HIGHWAY DISTRICT a body politic and corporate of the State of Idaho, herein called "ACHD" and the City of Meridian, an Idaho Municipal Corporation, herein called "Sellers." NOW THEREFORE, for good and sufficient consideration, IT IS AGREED: 1. Sale and Purchase. Seller agrees to sell and ACHD agrees to purchase a right-of-way, together with all improvements, damages, and permanent easements, if any, associated therewith. 2. Payment. In consideration for the purchase of the Property, ACHD shall pay to Seller the purchase price set out on the Compensation Summary. The Just Compensation shall be paid to Seller upon Seller's execution and delivery to ACHD of a notarized deed and/or easement reflecting the interest being sold. 3. Temporary Construction Easement. Seller hereby grants to ACHD and contractor(s) a temporary easement on, over, across and through Seller's adjoining property for the ingress and egress to and construction on the property. This easement will terminate upon completion of the construction project. 4. Possession. Upon execution of this Agreement and the payment by ACHD of the Just Compensation and receipt thereof by Seller, Seller hereby grants possession of the Property to ACHD for construction of the right-of-way. 5. Hazardous Materials. This Agreement is conditioned upon Seller's full disclosure of any hazardous materials. To the best of Seller's knowledge, no hazardous materials have been stored or spilled on the Property during Seller's ownership or during previous ownerships. In the alternative, if Seller has knowledge of storage or spill of hazardous materials on the Property, that information is set out on the Compensation Summary. 6. Entire,Agreement. The parties have herein set out the whole of their agreement and the terms and conditions have been negotiated in good faith by both parties,hereto. ACHD's payment of the Just Compensation shall constitute the entire consideration for the sale of the, Property and shall relieve ACHD from any future claims or obligations on account of the location, grade, and/or construction of the proposed right-of-way, or any other damages of Seller related to ACHD's purchase of the Property. 7. Binding Effect. This contract shall be binding when executed by the Seller and ACHD's authorized representative. Short Purchase Agreement Version: 5/20/08 Ten Mile Road — Franklin to Cherry Project #504003 Parcel 9 — City of Meridian 12 T 3N,=R 1W Sec 10 S1210449020 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Short Purchase Agreement Version: 5/20/08 CITY OF MERIDIAN, An Idaho Municipal Corporation e�• CaBy: TAR- , �,` Tammy de W d, ayor O -V A4'.. on Attest Jaycee L. Holman City Clerk ADA COUNTY HIGHWAY DISTRICT: a Chanon B. Romo Right -of -Way Supervisor Tamara McCarthy Sr. Right -of -Way Agent Ten Mile Road — Franklin to Cherry Project # 504003 v Parcel 9 — City of Meridian T3N,R1WSec 10 S1210449020 COMPENSATION SUMMARY Fee 7,187 sf (which includes 3,750 prescriptive Right -of -Way) Temporary Construction Easement , 523 sf .. s Y i F ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS SHEETS dated February 2007, page 9 of'36'AS.LISTED BELOW: Fencing: Undetermineds, Misc: Station 33+60 LT Construct asprivate approach`" a P Negotiated Items:__ Seller's disclosure of hazardous materials: (1) None ___ (Seller's Initials); or (2) Seller's disclosure: ACHD Initials: Seller Initials: i Version: 7/15/08 Property Representative Name:_ Property Representative Phone: Exhibit A Owner of Record. Cily'ot.'Nlcridian Pafc—el: No. (S1210449020) AC HD Pro.ie& Ten Mile Road (Franklin to Cherry) Project No.: 504003 Right-ol'Way Take Description - Panreel9 A parcel of land located in the SE 114 of Section 10, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, said description being a portion of that parcel as described by Pioneer Title Company in Commitment for Title insurance, Order No. 299636, Schedule A and also as sho%m on Record of Survey NO. 8219. file4d -is instrument number 1080 1623 1, records of Ada County, Idaho, being niore particularly described as follows; Commencing at a brass cap marking the southeast corncr"Of the S.E.114 of said Section 10 from which a brass cap marking the northeast corner of said SE 1 /4 bears N 0"52'05" E, .2646.36 feet, thence N 0'52'05" E, 946.83 ) feet along,the east boor d,airly of said SEI 4 to a point being, the southeast corner of said parcel, said point also being the REAL POINT OF BEGMfNG. Thence continuing N 0*52'05" E, 150.00 feet along the east botindary to the northeast comer of said parcel; Thencd leaving said east boundary N 88°26'51" W. 48.00 feet along the north boundary of said parcel to a point; Thence S 0'52'05" W, 150-00 feet to a point on the south boundary of said parcel; Therice'S 88°26'51" E, 48.00 feet along said 'South boundary to the Real ?bint of Beginning. Said described parcel. contains 7,187 square feet (0.17 acres) and includes 3,750 sqiate fieet (0.09 acres) of prescriptive right-of-way and is subject to easements of record or in use. This legal description was prepared by the A:CHD Survey Section from record data and field SUrVCYS.