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HomeMy WebLinkAbout2009-10-06C7 • 0 CVENID,!IbANL- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, October 06, 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. Pledge of Allegiance: 3. Community Invocation by Randy Cook with Meridian First Baptist Church 4. Proclamations: Read and Presented A. Proclamation for Fire Prevention Month B. Proclamation for Down Syndrome Awareness Month 5. Adoption of the Agenda: Adopted 6. Consent Agenda: Approved A. Memo Designating Polling Places for November 3, 2009 City Election B. Findings of Fact and Conclusions of Law for Approval: AZ 09-002 Description: Request for Annexation and Zoning of 2.5 acres from RUT in Ada County to L -O (Limited Office) for Treasure Valley Veterinary Hospital Meridian City Council Meeting Agenda — Tuesday, October 06, 2009 Page 1 of 5 ,Al! 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. C. Findings of Fact and Conclusions of Law for Approval: VAR 09-003 Description: Request for Variance to UDC 11 -3H -413.1.c and 11-3H-413.2 to allow the 2 existing full access driveways to the site from State Highway 69 to remain on a temporary basis until such time as the remainder of the property develops. At such time, access to SH 69 will be closed and access to the property will be provided via Edmonds Court for Treasure Valley Veterinary Hospital D. Findings of Fact and Conclusions of Law for Approval: CUP 09-007 Description: Request for Conditional Use Permit for a 1,504 square foot addition to the existing 2,112 square foot veterinary hospital in a proposed L -O district for Treasure Valley Veterinary Hospital E. Findings of Fact and Conclusions of Law for Approval: RZ 09-003 Description: Request for Rezone of 5.02 acres from R-8 (medium density residential) to L -O (limited office) zone for • Bainbridge by Brighton Corporation F. Findings of Fact and Conclusions of Law for Approval: AZ 09-003 Description: Request for Annexation and Zoning of 3.95 acres from Ada County RUT to C -C (Community Business District) for Macha Retail Plaza by Armstrong Consulting 0 G. Resolution No. 09-681: CPA 09-004 Request for Amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 2.52 acres of land from Low Density Residential to Office for Treasure Valley Veterinary Hospital H. Resolution No. 09-682: CPA 09-005 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Office to Commercial for approximately 6 acres for Macha Retail Plaza by Armstrong Consulting Meridian City Council Meeting Agenda — Tuesday, October 06, 2009 Page 2 of 5 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 Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. I. Three Corners Subdivision No. 2 Water and Sewer Easements J. Water Easement for Paramount LDS Church K. Task Order #10085 with Hydro Logic for Continuing Services on Water Rights Housekeeping with a Not to Exceed Amount of $81,650.00 L. Task Order #1004A for Silverstone Letter of Map Revision, Phase 2 on Eight Mile Creek with a Not to Exceed Amount of $46,359.00 M. Memorandum of Agreement with C.O.M.P.A.S.S. to Acquire Orthophotography in the Spring of 2010 with a Not to Exceed Amount of $8,000.00 N. Purchase and Sale Agreement for Sanitary Sewer Lift Station at Blackrock Subdivision O. License Agreement with Nampa & Meridian • Irrigation District for Split Corridor Irrigation Pump Station P. Beer/Wine/Liquor Location Transfer from Dupas Boomers to Muggsys Location; 501 S. Main St., Meridian Idaho 83642 Q. Resolution No. 09-683: Final Acceptance of "Origin" and Alcove Art in Lobby of Meridian City Hall R. Resolution No. 09-684: Adopting the State Plan for Deferred Compensation S. Resolution No. 09-685: Amending City Policy 6.2.2 - Use of City Fax, Copy Machines and Computers T. Resolution No. 09-686: Amendment to City Policy 6.2.6 - Personal or City Issued Cell Phones Meridian City Council Meeting Agenda — Tuesday, October 06, 2009 Page 3 of 5 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. • 7. Department Reports: A. Mayor's Office 1. Resolution No. 09-687: Appointment of Eric L. Jensen to Meridian Development Corporation B. Planning Department 1. Authorization for Negotiation and Agreement for Professional Services for Energy Grant: Anna Canning or Pete Friedman Authorized Mayor to Sign Agreement 8. Items Moved From Consent Agenda: 9. Public Hearings: A. Continued Public Hearing from June 9, 2009: AZ 08-005 Meridian and Amity by Hawkins Companies Continued to December 15, 2009 • Description: Continued Public Hearing from June 9, 2009: AZ 08- 005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72 acres) and C -G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies — Northwest Comer of West Amity Road and South Meridian Road: 0 B. Continued Public Hearing from June 9, 2009: VAR 08-008 Meridian & Amity by Hawkins Companies Continued to December 15, 2009 Description: Continued Public Hearing from June 9, 2009: VAR 08-008 Request for a Variance to UDC 11-31-1-4 which prohibits new approaches from directly accessing a state highway to allow 2 right -in / right -out access points (approximately 660 feet from the north and south intersections) and 1 right -in / right -out / left -in access point at the '/ mile to State Highway 69 / Meridian Road for Meridian and Amity by Hawkins Companies — NWC of W. Amity Road and S. Meridian Road, south of Harris Street: Meridian City Council Meeting Agenda — Tuesday, October 06, 2009 Page 4 of 5 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. • 10.0rdinance No. 09-1430: Update of Outdoor Sales and Temporary Uses Code: Approved • • 11.Executive Session per Idaho State Code 67-2345(1)(a) — (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) and (f) — (to consider and advise its legal representatives in pending litigation) Adjourned into Executive Session at 7:26 p.m. Out of Executive Session at 9:36 p.m. Meeting Adjourned at 9:36 p.m. Meridian City Council Meeting Agenda — Tuesday, October 06, 2009 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting October 6. 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 6, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Kyle Radek, Scott Colaianni, Joe Silva, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and call tonight's meeting to order. I'd like to welcome you all here. We appreciate you joining us this evening. For the public record it is Tuesday, October 6th. It's 7:00 p.m. Easy for me to say. We will start tonight's meeting with roll call attendance. 0 Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance and I will ask you all to rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Randy Cook with Meridian First Baptist Church. De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Randy Cook with the Meridian First Baptist Church. If you will all join us in the invocation or take this as an opportunity for a moment silence. You can face the audience, pastor, if you'd prefer. Thank you. Cook: Let's pray. Heavenly Father, it's always a joy to see people who do their work well and who accomplish things that are worthwhile and that's true of this group of men and women here. We thank you for these public servants that are dedicated to the task. We thank you for the good works that they are doing in our city. Thank you for their fiscal responsibility in hard times and thank you for the time that they are going to spend here this evening. We ask that you would strengthen them for it, help them to think • clearly and well. We pray that their decisions would be pleasing to you. We ask that Meridian City Council October 6, 2009 Page 2 of 13 each one would give place to you in their lives and we pray, Lord, that you would be exalted as a result of what goes on here tonight. Thank you in Jesus' name, amen. Item 4: Proclamations: A. Proclamation for Fire Prevention Month: De Weerd: Thank you, Pastor. Okay. Item No. 4 is proclamations and I will go ahead and go down on the floor to present these proclamations. The first one I have is Fire Prevention Week and since we see a lot of men in blue, I will ask if you would like to come up and join me, please. And also Doug Mason, if you want to come up -- oh, look who we have. Sparky. Thank you for being here. You know -- I guess I'll read it. I was going to have the chief do it and when he got to the part of: Therefore, I, Tammy de Weerd, he probably would falter. So, I will do it myself. Okay. Whereas the City of Meridian is committed to insuring safety and security of all those living in and visiting our city and whereas Meridian's first responders are dedicated to reducing the occurrence of fire -- house fires and house fire injuries through prevention and education, and whereas Meridian's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire and whereas the theme: Stay Fire Smart. Don't Get Burned -- effectively serves to remind us all of the simple actions we can take to stay safe from fire. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do here proclaim the first week of October 2009 to be fire prevention week in the City of Meridian and encourage all citizens to education themselves and their families to heed the important safety message of preventing home fires. These men were very busy I think this afternoon from all -- all rumors and, you know, they do this day in and day out and we owe a lot of that feeling of safety and security that we have in the City of Meridian to these men and women who serve us both in the fire and police departments and so if you join me in showing our appreciation through applause. Anderson: Well, thank you, Mayor de Weerd and citizens for being here. We couldn't do the job that we do without your support and we appreciate the support that the community of Meridian gives us. It's wonderful and we couldn't ask for a better town and city in which -- which to work. So, thank you very much for all you do for us, too. De Weerd: I would like to present this to Pam or -- and Doug Mason, one of our citizens that has gone through out citizen's -- public safety citizens academy and our alumni association is growing and strong and we appreciate the commitment they give to us and time given back. So, I will ask Pam and Doug if you will accept this proclamation. Mason: Thank you. Silva: Thank you very much, Mayor, for proclaiming the week of October 4th through the 10th Fire Prevent Week. For us it's a month long activity that our department really enjoys doing and getting out in the community. Our engine companies will be • conducting tours of the stations and getting out to the day cares and conducting friendly firefighter visits when the don their safety equipment and also our -- Pam Orr will be Meridian City Council October 6, 2009 Page 3 of 13 making contact with all our second and third graders to kind of drive those messages home of how to conduct a safe exit drill. Actually, started out very early Monday morning with Larry Gebbert doing home drills, so it will be a busy month for us, but we are glad to be here. Thank you very much, Mayor. B. Proclamation for Down Syndrome Awareness Month: De Weerd: Thank you. And thank you all. Okay. This next item I'm very honored to be joined by a couple of people who will accept this proclamation in honor of the Down Syndrome Awareness Month. We have the Buddy Walk coming up this Saturday and a lot of the passion behind this we can contribute here local to Chad Bloxham, who is a teacher and just an inspiration at Meridian High School and if Council would remember when the youth council came and talked they talked about inclusion revolution and this was really inspired by Chad and his -- one of his best friends who has Down Syndrome, that he was an inspiration to Chad in how to treat all people that we really need to be mindful of really paying attention to -- that we are all the same and that we need to work hard to include and not exclude and that was a strong message and a message that our three major high schools in our community stepped forward and embraced and did a couple of events, one really spurred from the Special Olympics in an effort to be inclusive and really reach out that hand to all folks in our community to really get involved. The Buddy Walk is one of those other opportunities to show our support for inclusion and really embrace all of those, that we are all the same, although maybe we • look different, talk different -- I know my husband does. Okay. You can tell him I said that. But we just appreciate you joining us here today. If you will all come forward and join us and Rebecca is going to say a few words after I read the proclamation as well. And Kelly Cross is here with Channel 12. Fox has been really behind a lot of the promotion for the Buddy Walk. We appreciate your leadership, your passion, and we appreciate your involvement in the Buddy Walk and promoting this. So, with that said let me read this proclamation and, then, I will ask Rebecca if she has a few words to share with us. Whereas approximately one in 800 children are born with Down Syndrome, representing approximately 5,000 births per year in the United States and whereas research and early intervention have resulted in dramatic improvement in the life span and potential of those who are affected with Down Syndrome and whereas people with Down Syndrome possess a wide range of abilities and are active participants in educational, occupational, social and recreational circles of the community and whereas the Treasure Valley Down Syndrome Association has been working for 27 years to educate and support parents and individuals with Down Syndrome locally and whereas the National Down Syndrome Society developed the Buddy Walk in 1995 and it has become an annual event in October in cities across the nation celebrating the accomplishments of children and adults with Down Syndrome and whereas the goal of the Buddy Walk, which will be held in the Treasure Valley on October 10th, is to promote increased understanding and acceptance of people with Down Syndrome. Therefore, I, Mayor Tammy de Weerd to the City of Meridian, do hereby proclaim October 2009 to be Down Syndrome Awareness Month in the City of . Meridian and encourage all citizens to promote awareness of Down Syndrome and to celebrate the accomplishments of individuals and their families. And I would like to Meridian City Council October 6, 2009 Page 4 of 13 present this to Rebecca and see if she would like to share some words for us. And that is for you, Rebecca. Rebecca: Okay. Thank you. The Buddy Walk is for -- for supporting it. Support the Buddy Walk for Downs people and -- and so I'm going to be speaking there and I'm going to be talking about being more alike than different and so the Downs people are more like other people -- like other people, but -- but their personality is different, they are different in some ways, but -- but we are people like you guys and so we have rights and -- and so I'm supporting the Buddy Walk for -- for the Meridian, Idaho, and so I'm here -- so, I'm -- so, I'm for -- for the awareness. I'm going to support the -- for the people and for their safety and thank you for letting me come over here and God bless. De Weerd: Thank you. Volunteer: I just want to thank you, Tammy, on behalf of the whole committee in supporting especially Meridian High School. Meridian High School had the largest team last year and they have the largest team this year and they are going to get an award. I don't think they know yet, but they have almost 90 -- I think about 90 people registered and, then, 45 volunteers. So, just a huge support from the community in Meridian. So, thanks very much. De Weerd: Now is there still time to sign up? 0 Volunteer: You can register the day of. Yes. De Weerd: Okay. Listen, Council, there is still time for Team Meridian. All right. Thank you so much. Well, thank you, Council. We appreciate that chance to read those two proclamations for two very important awareness issues. Item 5: Adoption of the Agenda: De Weerd: Item No. 5 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda we have some blanks to fill in. Under the Consent Agenda, Item G, the resolution number is 09-681. Item H, the resolution number is 09-682. Item Q, the resolution number is 09-683. Item R, the resolution number is 09-684. Item S, the resolution number is 09-685. Item T, the resolution number is 09-686. And under Department Reports, Item 7-A, there is also a resolution and that resolution number is 09-687. Under Item 9, Public Hearings, there are two scheduled, A and B, AZ 08-005 and VAR 08-008. Both of those have been requested by the applicant to be continued • until December 15th and we will do that. If anybody is here to hear those two items, we will actually not discuss them tonight, we will hear them on December 15th. Item 10 is Meridian City Council October 6. 2009 Page 5 of 13 an ordinance and that ordinance number is 09-1430. And with those comments I move that we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Consent Agenda: A. Memo Designating Polling Places for November 3, 2009 City Election B. Findings of Fact and Conclusions of Law for Approval: AZ 09-002 Description: Request for Annexation and Zoning of 2.5 acres from RUT in Ada County to L -O (Limited Office) for Treasure Valley Veterinary Hospital C. Findings of Fact and Conclusions of Law for . Approval: VAR 09-003 Description: Request for Variance to UDC 11-3H-4B.1.c and 11- 31-1-413.2 to allow the 2 existing full access driveways to the site from State Highway 69 to remain on a temporary basis until such time as the remainder of the property develops. At such time, access to SH 69 will be closed and access to the property will be provided via Edmonds Court for Treasure Valley Veterinary Hospital D. Findings of Fact and Conclusions of Law for Approval: CUP 09-007 Description: Request for Conditional Use Permit for a 1,504 square foot addition to the existing 2,112 square foot veterinary hospital in a proposed L -O district for Treasure Valley Veterinary Hospital E. Findings of Fact and Conclusions of Law for Approval: RZ 09-003 Description: Request for Rezone of 5.02 acres from R-8 (medium density residential) to L -O (limited office) zone for Bainbridge by Brighton Corporation F. Findings of Fact and Conclusions of Law for Approval: AZ 09-003. Description: Request for Annexation and Zoning of 3.95 acres from Meridian City Council October 6, 2009 Page 6 of 13 Ada County RUT to C -C (Community Business District) for Macha Retail Plaza by Armstrong Consulting G. Resolution No. Proposed # 09-681: CPA 09-004 Request for Amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 2.52 acres of land from Low Density Residential to Office for Treasure Valley Veterinary Hospital H. Resolution No. Proposed # 09-682: CPA 09-005 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Office to Commercial for approximately 6 acres for Macha Retail Plaza by Armstrong Consulting I. Three Corners Subdivision No.2 Water and Sewer Easements J. Water Easement for Paramount LDS Church K. Task Order #10085 with Hydro Logic for Continuing Services on Water Rights Housekeeping with a Not to Exceed Amount of $81,650.00 L. Task Order #1004A for Silverstone Letter of Map Revision, Phase 2 on Eight Mile Creek with a Not to Exceed Amount of $46,359.00 M. Memorandum of Agreement with C.O.M.P .A.S.S. to Acquire Orthophotography in the Spring of 2010 with a Not to Exceed Amount of $8,000.00 N. Purchase and Sale Agreement for Sanitary Sewer Lift Station at Blackrock Subdivision O. License Agreement with Nampa & Meridian Irrigation District for Split Corridor Irrigation Pump Station P. Beer/Wine/Liquor Location Transfer from Dupas Boomers to Muggsys Location; 501 S. Main St., Meridian Idaho 83642 Q. Resolution No. Proposed # 09-683: Final Acceptance of "Origin" and Alcove Art in Lobby of Meridian City Hall R. Resolution No. Proposed # 09-684: Adopting the is State Plan for Deferred Compensation Meridian City Council October 6, 2009 Page 7 of 13 . S. Resolution No. Proposed # 09-685: Amending City Policy 6.2.2 - Use of City Fax, Copy Machines and Computers T. Resolution No. Proposed # 09-686: Amendment to City Policy 6.2.6 - Personal or City Issued Cell Phones De Weerd: Item 6 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Without repeating the resolution numbers that were filled in, I, otherwise, move we adopt the Consent Agenda -- or approve the Consent Agenda as published and authorize the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. • Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Mayor's Office 1. Resolution No. Proposed # 09-687: Appointment of Eric L. Jensen to Meridian Development Corporation De Weerd: Okay. Item 7 under Department Reports. Council, in front of you is resolution 09-687. It's for the appointment of Eric Jensen to the Meridian Development Corporation. You should also have a copy of his resume and his letter of interest. I -- these are three year terms and so I would ask for your approval of -- and, Mr. Nary, is -- I know that this is in the middle of this term. Does the resolution -- I don't have it in front of me. Nary: To complete the term of Terlington, I believe. Scott Terlington. 9 De Weerd: Exactly. Meridian City Council October 6, 2009 Page Sof 13 0 Nary: Yes. De Weerd: But that is until what date? Nary: Oh, I'd have to look that up. I'm sorry. Holman: Madam Mayor, I'll look it up. I should have a copy right here. De Weerd: It would be helpful for the public record, just to make sure to read that in, even though we will have the record -- Bird: I think it's August 2010, isn't it? Holman: Madam Mayor, Members of the Council, it is. It says: Which term shall run through August of 2010. De Weerd: Okay. Thank you. Thank you, Mr. Bird. Okay. Any questions on this appointment? Rountree: Madam Mayor? De Weerd: Yes. • Rountree: Not necessarily the appointment, but -- anyway, back on the record, what kind of response did we get for filling this position? Just as curiosity. De Weerd: We had some inquiries, but no one ever followed up with the letter of interest or a resume. I spoke with Mr. Jensen and he has a sincere interest, is reliable in attendance, and I believe that regardless of how many did show an interest, he is highly qualified to fill the position. Rountree: Not questioning that, just was curious how many might have been interested. De Weerd: Thank you. Rountree: Thank you. De Weerd: Okay. If there is no further questions, I would entertain a motion to approve Resolution 09-687. Rountree: So moved. Bird: Second. • De Weerd: Okay. Is there any discussion? Hearing none, Madam Clerk, will you, please, call roll. Meridian City Council October 6, 2009 Page 9 of 13 • Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. B. Planning Department 1. Authorization for Negotiation and Agreement for Professional Services for Energy Grant: Anna Canning or Pete Friedman De Weerd: Item 7-13 is our Planning Department. Anna. Canning: Thank you, Madam Mayor, Members -- Madam Mayor, Members of the Council. I just wanted to get you kind of up to speed on our energy grant. The city filed this application for the first phase of our energy efficiency block grant funding to develop specifically an energy strategy for the city. The strategy was prepared through the technical assistance of a consultant and, then, subsequent to submittal, upon receipt of the notification of pending award, the Department of Energy notified us that we needed to go through that competitive bid process. We hadn't anticipated that originally. So, . we asked them to delay the award as long as they could. They are not into delaying those stimulus grants, so we asked them to delay it, so that we could go through the competitive bid process, because once it's awarded we only have 120 days to tum around and use that money. So, the DOE did award the grant on September 6, but it didn't become effective until September 25th. So, then, we issued an RFQ on September 4th, with deadline of submittal of September 22nd. So, we -- we got through that bid process. That seemed to be working well. We got five RFQs and staff and the purchasing manager reviewed the RFQs and identified our qualified consultant and that's HDR Engineering. And, then, we are asking tonight that you also -- because of that shortened time frame and because you're not having a Council meeting next week, we asked that the Council direct the Mayor to sign the agreement and, then, we will bring it back to the Council for ratification at your next meeting on October 20th. So, that is our update, the status, the consultant, and our request. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: You know, it is also important to -- as Anna mentioned, this is a short and a long-term strategy and it's going to be kind of that foundational piece to probably other activities, other than just the accountability to the funds that -- that we do receive and . how we utilize them. So, this will be an important exercise. Meridian City Council October 6, 2009 Page 10 of 13 t Canning: Yes, ma'am. We envision this as the -- the building blocks for an energy chapter within our Comprehensive Plan, that defines our strategy moving forward on how we will seek out deficiencies and energy development where we can. De Weerd: Thank you. And I know that all of this is kind of a maze of -- it's a maze. And we know we need help kind of being shepherded through it, so we want to be responsible to these funds. Okay. If there is no questions, Council, I will move to the next item. There were no items moved -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I think I understood that we needed to authorize you to sign. De Weerd: Oh, yes. Yes, you do. Thank you. Zaremba: So moved. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Madam Clerk, will you, please, call • roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 8: Items Moved From Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda for Item 8. Item 9: Public Hearings: A. Continued Public Hearing from June 9,2009: AZ. 08-005 Meridian and Amity by Hawkins Companies Description: Continued Public Hearing from June 9, 2009: AZ 08- 005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L -O (Limited Office) (3.22 acres) and C -C (Community Business) (30.72 acres) and C -G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies - Northwest Comer of West Amity Road and South Meridian Road: Request by applicant to continue to Meridian City Council October 6, 2009 Page 11 of 13 December 15, 2009 B. Continued Public Hearing from June 9,2009: VAR 08-008 Meridian & Amity by Hawkins Companies Description: Continued Public Hearing from June 9, 2009: VAR 08- 008 Request for a Variance to UDC 11-31-1-4 which prohibits new approaches from directly accessing a state highway to allow 2 right - in / right -out access points (approximately 660 feet from the north and south intersections) and 1 right -in / right -out / left -in access point at the % mile to State Highway 69 / Meridian Road for Meridian and Amity by Hawkins Companies - NWC of W. Amity Road and S. Meridian Road, south of Harris Street: Request by applicant to continue to December 15, 2009 De Weerd: So, Item 9 are two public hearings that were continued and they have been requested by the applicant to continue once more to December 15th, 2009. Bird: Madam Mayor? De Weerd: And that's Items A and B. • Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue AZ 08-005 and VAR 08-008 at the request of the applicant to December 15th, 2009. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the continuation to December 15th of Items 9-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Ordinance No. Proposed # 09-1430: Update of Outdoor Sales and Temporary Uses Code De Weerd: Item 10 is Ordinance 09-1430. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1430, an ordinance of the City of Meridian replacing Chapter 4, Title 3, of the Meridian City Code relating to outdoor sales and temporary uses, definitions, mobile sales units, temporary uses, citizen's use permits, and providing for a savings clause. Meridian City Council October 6, 2009 Page 12 of 13 • De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like it read in its entirety? Seeing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance 09-1430 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Executive Session per Idaho State Code 67-2345(1)(a) - (to consider • hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) and (f) - (to consider and advise its legal representatives in pending litigation) De Weerd: Item 11 is an Executive Session per Idaho State Code 67-2345(1)(a) and (f). Do I have a motion to adjourn into Executive Session? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Executive Session as per Idaho State Code 67-2345(1)(a), (1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, roll call, please. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. 0 MOTION CARRIED: ALL AYES. i Meridian City Council October 6, 2009 Page 13 of 13 EXECUTIVE SESSION: (Adjourned into Executive Session at 7:26 p.m./Came out of Executive Session at 9:36 p.m.) De Weerd: I'd entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. We are adjourned. MEETING ADJOURNED AT 9:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) of 4r a F � o SEAL iris, • �, 10 / .-1 / act DATE APPROVED , CITY CLERK • • Changes to the Agenda: Items 9 A & B. Meridian and Amity (AZ -08-005 and VAR -08-008) - The applicant has requested these items be continued to December 15, 2009 Council meeting. In your packet the applicant's request for continuance has detailed the probable timeframe for ITD's review. 10/6/09 — Partial summary judgment hearing before the Hearing Officer. 11/17/09 — Final hearing before the Hearing Officer. Recommendation from the Hearing Officer within 2-3 weeks after the 11/17/2009 Final Hearing. 6/2/2009 RECEIV-pl-, OCT 0 6 2009 CITY OF0�(E Q. 19. N6 CITY CLERKS OFFICE C MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Proclamation for Fire Prevention Month October 6, 2009 ITEM NO. 4A AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: •CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: • Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 PROCLAMAT101 'WHEREAS, the City of Meridian is committed to ensuring the safety and security of all those living in and visiting our city; and VVHERSD Meridian's first responders are dedicated to reduce the occurrence of home fires and home fire injuries through prevention education; and WHEREAS, Meridian's resident's are responsive to public education measures and are able to take personal steps to increase their safety from fire; and WHEREAS, the 2009 Fire Prevention Week theme, • e"STAY FIRE SMART, DONT EiET BURNED"" Effectively serves to remind us all of the simple actions we can take to stay safe from fire. THEREFORE, I Tammy de Weerd, Mayor of the City of Meridian do hereby proclaim October 4th -10th, 2009 as Fire Prevention Week throughout this city. I urge all people of Meridian to heed the important safety message of Preventing Home Fires in support of public safety. Tammy de Weerd, Mayor Charlie Rountree, Council President David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council 0 • MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 4B REQUEST Proclamation for Down Syndrome Awareness Month AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: •CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: • Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 17 /11 OVE IDA 9 AHO • 2'he Office of the Mayor P R O CC A NA TI O N ^Whereas, approximately one in every 800 children are born with Down syndrome, representing approximately 5,000 births per year in the United States; and ^Whereas, research and early intervention have resulted in dramatic improvements in the lifespan and potential of those who are affected with Down syndrome; and ^Whereas, people with Down syndrome possess a wide range of abilities and are active participants in educational, occupational, social, and recreational circles of the community: and ^Whereas, the Treasure Valley Down Syndrome Association has been working for 27 years to educate and support parents and individuals with Down syndrome locally; and -Whereas, the National Down Syndrome Society developed the Buddy Walk in 1995 and it has become an annual event in October in cities across the nation celebrating the accomplishments of children and adults with Down syndrome; and ^Whereas, the goal of the Buddy Walk, which will be held in the Treasure Valley on October 10, is to promote increased understanding and acceptance of people with Down syndrome. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim October 2009 to be: Dawn Syndrome Awareness Month in the City of Meridian and encourage all citizens to promote awareness of Down syndrome and to celebrate the accomplishments of individuals and their families. Dated this 6t" Day of October, 2009. • Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council • • • MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6A REQUEST Memo Designating Polling Places for November 3, 2009 City Election AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 2, 2009 MEMORANDUM To: City Council From: Jaycee Holman, City Clerk Re: Designation of Polling Places for November 3, 2009 City Election NOTICE IS HEREBY GIVEN that on Tuesday, November 3, 2009, the General City Election of the City of Meridian will be held for the election of two (2) City Council Members, Seat #2 and Seat #4, to serve for a term of four (4) years. HOURS OF VOTING: The polls for said General City Election shall be open at 8:00 a.m. and will remain open for voting until 8:00 p.m. Mountain Standard Time, on said 40 date of election. POLLING PLACES: For electors residing in: First (1 st) Precinct #800 will vote at Veterans Memorial Hall, 22 W. Broadway Avenue, Second (2nd) Precinct #801 will vote at Meridian City Hall, 33 E. Broadway Avenue, Third (3rd) Precinct #802 will vote at Meridian Library, 1326 W. Cherry Lane, Fourth (4th) Precinct #803 will vote at Kings Congregation Church/Locust Grove Grange, 1150 E. Pienza St. (formerly1201 E. Victory Road). PLACE OF REGISTRATION: Electors may register at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho on Monday through Friday between the hours of 8:00 AM and 5:00 PM. The last day to pre -register will be Friday, October 9, 2009. 0 • SCANNED MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT Rick Shackleford ITEM NO. 6B -D REQUEST Findings of Fact and Conclusions of Law for Approval Treasure Valley Vet Hospital AZ 09-002, VAR 09-003, CUP 09-007 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT:' CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 $CANNED MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT Brighton Corporation ITEM NO. 6E REQUEST Findings of Fact and Conclusions of Law for Approval Bainbridge: RZ 09-003 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: • CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: • Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. e (. 64.r� MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT Armstrong Consulting ITEM NO. 6F REQUEST Findings of Fact and Conclusions of Law for Approval Macha Retail Plaza: AZ 09-003 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: •CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached v CJ' Date: Phone: • Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6G REQUEST Resolution No. i�Cj�: CPA 09-004 Treasure Valley Vet Hospital AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: • Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 10/13/09 10:21 AM DEPUTY Bonnie llig III IIIIII'lll'll'llllll'llllllll II'll RECORDED -REQUEST OF Meridian City 109116326 CITY OF MERIDIAN RESOLUTION NO. O I - 181 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 2.52 ACRES KNOWN AS THE TREASURE VALLEY VETERINARY HOSPITAL PROPERTY LOCATED AT 2600 S. MERIDIAN ROAD, IN THE SOUTHWEST '/ OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 2.52 acres known as the Treasure Valley Veterinary Hospital located at 2600 S. Meridian Road, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby . amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - TREASURE VALLEY VETERINARY HOSPITAL CPA 09-004— Page 1 of 2 • hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. 0 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 6#A—day of APPROVED by the Mayor of the City of Meridian, Idaho, this pP7 day of APPROVED: Mayor T y de Weerd ATTEST: ���,�,,, 0H By:80t�"` � rFo Jaycee Holman, City Clerk _ SEAL IF16 UST isl • P.rO CID `p COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - TREASURE VALLEY VETERINARY HOSPITAL CPA 09-004— Page 2 of 2 • • • City of Meridian Future Land Use Map Future Land Uses Ten Mile Interchange Specific - Commercial CIndustrial Office High Density Residential Med-High Density Residential Medium Density Residential Low Density Residential Old Town Mixed Use - Interchange Mixed Use - Regional Mixed Use - Community Mixed Use - Neighborhood - Mixed Use - Waste Water Treatment Plant ® Public/Quasi-Public C.�Vt E IDR IAN, Prepared by the Meridian Planning Department Print Date: February 19th 2009 r 0 X MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT // ITEM NO. 6H REQUEST Resolution No. co : CPA 09-005 Macha Retail Plaza 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: L.] MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 10/13109 10:21 AM • DEPUTY Bonnie Oberbillig II I I I I) II I II I � II I II (I I II I I II) I II II'I� RECORDED—REQUEST OF Meridian City 109116325 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 5.96 ACRES KNOWN AS THE MACHA RETAIL PLAZA PROPERTY LOCATED AT 2805 AND 2975 E. FRANKLIN ROAD IN THE NORTHEAST '/a of SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST (Tax Parcels: # S1117110580; S1117110500; S1117110201), MERIDIAN, IDAHO TO EXPAND FUTURE LAND USE DESIGNATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 5.96 acres known as the Macha Retail Plaza located at 2805 and 2975 E. Franklin Road, Meridian, Idaho to expand future land use designations; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a fmal decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP - MACHA RETAIL PLAZA CPA 09-005— Page I of 2 • hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this L��day of [,L- : ro 6t,� , 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this J' day of W01, "' APPROVED: • Mayor y de Weerd \``�1,1111111111rr///// ATTEST: . Ci' o rFo By. Jaycee L41olman, City Clem O //////1111111 11111��`\ • COMPREHENSIVE PLAN AMENDMENT FOR FuTURE LAND USE MAP - MACHA RETAIL PLAZA CPA 09-005— Page 2 of 2 0 IIT 1.1 T_*I - T Cit► of Meridian Future Land Use AlAp Future Land Uses Ten Nle tderchange Suecifi: - : ontmaxial hra. %H.I n ilah Oer E to Re-leerrllal Ued-High Density Residernal uIAMLIT JersitV Ressdentw Q LDV, Denaty ReedenlIel n 3dT..,- r Mi-ec Use- . Inbe change u IAttaG UAa - fl9Qmrdl MdaC Vo - CamnAmty F W-ec L'.e - t eghb:&Ld FAW c U.e - YO,, C V&L& T•eattrwnt Plard I _ PuhIi�Kluasi-P�FAir. c7WE IDIZ IANC- � Prmpa,od by thr. Mandan PPlarningg Onpartnont Porn Date f ahn:ary I W k+.130 0 • • MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 61 REQUEST Three Corners Subdivision No. 2 Water and Sewer Easements AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: 9 Date: COMMENTS Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. EIDIAN/1�,\,---IZ I UA Ho / Internal Memo To: Becky Licari From: Steve O'Brien CC: File Date: 9/28/09 Re: Three Comers Subdivision No. 2 Water and Sewer Easements Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Please forward the attached memo, sewer, and water easement to the City Clerk's office for City Council approval and signatures. See attached memo to the City Clerk's office for additional details. Thanks 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 0 Page 1 EIDIANRI UA C-- HU Internal Memo To: Jaycee Holman From: Steve O'Brien CC: File, Scott Steckline Date: 9/29/09 Re: Proposed Agenda Item for Next Available 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 Next Available City Council Consent Agenda for Council's consideration: • This is for water and sewer easements covering water and sewer mains serving Three Comers Subdivision Phase II The water easement portion includes fire hydrants and water meters. This project is located east of Locust Grove Road and south of Chinden Blvd. (see below). Phase II is a commercial subdivision. Recommended Council Action: The Development Services Division of the Public Works Department recommends that City Council approve this water and sewer easement with Three Comers Subdivision No. 2. P -j Thank you for your consideration. Please contact me should you have any questions or concems regarding this item. e I spm T �e�o S 0 Page 1 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 I spm T �e�o S 0 Page 1 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 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOISE IDAHO 10114109 12:68 PM DEPUTY Use Ban RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIiI II III city of Meridian 10911714 SANITARY SEWER EASEMENT THIS INDENTURE, made this') -'i day ofSf, 2009 between Three Corners Land Development, LLC, David J. Dean, Member hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by • the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable .consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation • of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sewer Main Easement Phase 2 Meridian easmt sewer main • any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. • • THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Three Ci David J. STATE OF IDAHO County of Ada Development, LLC ss On this day of 204" before me, the undersigned, a Notary Public in and for said State, personally appeared David J. Dean, known or identified to me to be the Member of the Limited Liability Company that executed the above instrument or the person who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Sewer Main Easement easmt sewer main , iJ� AR�r { +'d G �% PU )Q�w� 4 TE OV NO ARY PUBL C FOR IDAHO Residing at: ILVIA- Commission Expires: �o Phase 2 Meridian 0 GRANTEE: CITY OF MERIDIAN or- M��/��''�,,,,,, Tammy de rd, Mayor REAL - Cb ` Attest b aycee Holman, City Clerk O�GCGsr est • �O Approved By City Council On: 64 1,'i < < ter Yry STATE OF IDAHO, ) . ss. County of Ada ) • On this __Z7 day of , 20, efore me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY E 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. 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OF I© pollsm., NOTARY P I Residing at: Commission Expires:_ Sewer Main Easement Phase 2 Meridian easmt sewer main T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD • BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 Project No: 07121 Date: Revised March 23, 2009 Page: 1 of 3 EXHIBIT "A" Sewer Easement No. 2 A 20 -foot wide strip of land situated in the NW t/4 of the NW t/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, • A) S.00°37'24"W., 473.15 feet; thence, leaving said section line, B) S.89°22'36"E., 380.17 feet to the beginning of a non -tangent curve and the POINT OF BEGINNING; thence, 0 1) Northeasterly along said curve to the left, having a radius of 270.00 feet, an are length of 4.67 feet; through a central angle of 0°59'29", and a long chord that bears N.39°37' 16"E., 4.67 feet; thence, tangent from said curve, 2) N.39°07'32"E., 15.33 feet; thence, 3) S.50-08'01 "E., 158.27. feet to the beginning of a non -tangent curve; thence, 4) 5) 6)' Southwesterly along said curve to the left, having a radius of 121.00 feet, an arc .lerig&of. 23.31 feet, through a central angle of 11'02'03", and a long chord which berm -S -.06°04'26"W., 23.28 feet; thence, tangent from said curve, S.00-33'1 5 0.85 feet; thence, N.50008" I "W., 171.53 feet to the POINT OF BEGIM CONTAINING: 0.08 acres, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Recor H:\07121\WPfilcs\Survcy\PI-IASE 2\PH-2 SEWER -WATER ESMT DESCS\ExhA-SEWER Esmts.dc BOISE 9 COEUR d'ALENE 9 CALDWELL • EXHIBIT "B" -SEATER EASEMENT N0. 2 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO 19 20 30 29 E- 76\ . I� I C60-11003zmT910Api"1111�7 CURVE TABLE CURVE LENGTH RADIUS DELTA ITANGENT1 BEARING I DISTANCE C31 4.67 270.00 0'5929" 2.34 N39 -37'16"E 4.67 C32 23.31 121.00 11'02'23" 11.69 S06 -04'26"W 23.28 IQ to to 0 N • LINE TABLE LINE BEARING LENGTH L25 N39 -07'32"E 15.33 L26 SOO 33' 15"W 0.85 Co PROPOSED O__ __sss_22 E ______ � -� 3s�.17' THREE CORNERS " � R� SUBDIVISION E-- SEE DETAIL A /,0, %/TsSo NO. 2 U a z bg "POINT OF BEGINNING/no, /(\/s�` SOS PROPOSED `(ti" "� F THREE CORNERS 50.�/l/�sl`jTSS SUBDIVISION 0.- 0) NO. 2 ''�y 0o FOUND BRASS CAP^, N FOUND 5/8- IRON PIN Sid' `� Q , yorl T Iw N r to Iz �I J. C 0 U N N 3062 G ANGLE POINT IC' 6 U co IM I0 \co SEE DETAIL DETAIL "A" (not to scale) DETAIL "B" _�1 (not to scale) "B" 0 20 40 BO 120 T -O ENGINEERS 9777 CF NDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX (208) 323-2399 E411L H:\07121\ExhB-E9mts-PH ING DATE: 03/23/09 JOB -07121-85-100 � IW N � o q o d z O IQ to to 0 N • LINE TABLE LINE BEARING LENGTH L25 N39 -07'32"E 15.33 L26 SOO 33' 15"W 0.85 Co PROPOSED O__ __sss_22 E ______ � -� 3s�.17' THREE CORNERS " � R� SUBDIVISION E-- SEE DETAIL A /,0, %/TsSo NO. 2 U a z bg "POINT OF BEGINNING/no, /(\/s�` SOS PROPOSED `(ti" "� F THREE CORNERS 50.�/l/�sl`jTSS SUBDIVISION 0.- 0) NO. 2 ''�y 0o FOUND BRASS CAP^, N FOUND 5/8- IRON PIN Sid' `� Q , yorl T Iw N r to Iz �I J. C 0 U N N 3062 G ANGLE POINT IC' 6 U co IM I0 \co SEE DETAIL DETAIL "A" (not to scale) DETAIL "B" _�1 (not to scale) "B" 0 20 40 BO 120 T -O ENGINEERS 9777 CF NDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX (208) 323-2399 E411L H:\07121\ExhB-E9mts-PH ING DATE: 03/23/09 JOB -07121-85-100 n ADA COUNTYE IDAHO RECORDER ECO 091 J. 2:68 VI NAVARRO AMOUNT .00 9 DEPUTY Use San III �Il�ll��l�il�illll�ill��li�ll �� ISI RECORDED -REQUEST OF 109i 17135 city of Meridian SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this2-4 day of 5 , 2009 between Three Corners Land Development, LLC, David J. Dean, Member hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto • the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby .granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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 Sanitary Sewer and Water Main Easement Phase 2 Meridian Water and Sewer Easement • purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTR: R .n Three orners b4d Development, LLC David J. Dean, Member STATE OF IDAHO ) ) ss County of Ada ) On this day of SR P1eo-fir , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared David J. Dean, known or identified to me to be the Member of the Limited Liability Company that executed the above instrument or the person who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. .r0 9.L�►-'''�. �.�•�1 a NO ARY PUBLIC FOR IDAHO Residing at: A-.,.• Commission Expires: Sanitary Sewer and Water Main Easement Phase 2 Meridian Water and Sewer Easement • GRANTEE: CITY OF MERIDIAN ���`�y\`©"tIp�''%,�� Tammy de a d, Mayor SISAL A est by J cee Holman, City Clerk '��►�r►►is 1110'�'��`. Approved By City Council On: _�Q - t o - ace STATE OF IDAHO, ) . ss. County of Ada ) On this _J _day of ()C. n be jy , 20L6, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, . known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Sanitary Sewer and Water Main Easement Water and Sewer Easement 4TI&Y-PNILIC FOR IDAHO Residing at: K," r o, ., \7�> Commission Expires: Phase 2 Meridian J= T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS • 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 • FAX 208-323-2399 Project No: 07121 Date: Revised March 23, 2009 Page: 1 of 2 EXHIBIT "A" Sewer/Water Easement A variable width strip of land situated in the NW 1/4 of the NW 1/a of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, • A) S.00°37'24"W., 254.96 feet; thence, leaving said section line, B) S.89°22'36"E., 168.46 feet to the POINT OF BEGINNING; thence, • 1) N.70°52'54"E., 20.00 feet; thence, 2) S. 19-07'06"E., 43.63 feet; thence, 3) N.72°12'09"E., 11.18 feet; thence, 4) S.17°47'51"E., 20.00 feet; thence, 5) S. 72-12'09"W., 11.16 feet; thence, 6) S.16°34'42"E., 110.78 feet to the beginning of a tangent curve; thence, 7) Southeasterly along said curve to the left, having a radius of 215.00 feet, an arc length of 52.45 feet, through a central angle of 13°58'38", of which the long chord bears S.23034'01"E., 52.32 feet; thence, tangent from said curve, 8) S.30°33'20"E., 10.60 feet to the beginning of a non -tangent curve; thence, 9) Southwesterly along said curve to right, having a radius of 160.00 feet, an arc length of 39.80 feet, through a central angle of 14015'09", of which the long chord bears S.71026'1 8"W., 39.70 feet to a point of compound curvature; thence, BOISE • COEUR d'ALENE • CALDWELL • • Project No: 07121 Date: February 10, 2009 Page: 2 of 2 10)N.48°39'50"W., 20.99feet; thence, 11)N.14°38'22"W., 24.73 feet; thence, 12) S.70°56'31"W., 30.53 feet; thence, 13) N.19°03'29"W., 20.00 feet; thence, 14)N.70°56'31"E., 32.07 feet; thence, 15)N.14°38'22"W., 120.47 feet; thence, 16)N.14°03'04"W., 9.95 feet; thence, 17)N.75°21'38"E., 15.50 feet; thence, 18) N. 19-07'06"W., 44.73 feet to the POINT OF BEGINNING. CONTAINING: 0.22 acres, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. HA07121\WPfi1es\Survey\PHASE 2\PH-2 SEWER -WATER ESMT DESMExhA-SEWER-WATER Esmts.doc BOISE 9 COEUR d'ALENE • CALDWELL 2 • 0 19 30 EXHIBIT " B"—SEWER/WATER EASEMENT LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN 20 ADA COUNTY, IDAHO ?q E. CHINDEN BOULEVARD w N " 0 N 0 �I �I LI u� L O � Lo C'J N 0 Ico Lq .I0 z N � Iw N PROPOSED THR0 f+7 0 0 z J 0 CURVE TABLE CURVE LENGTH RADIUS DELTA _TANGENTJ BEARING DISTANCE C4 39.80 160.00 14° 15'09" 20.00 S71 -26'18"W 39.70 C1 1 52.45 215.00 13`58'38" 26.36 S23°34'01 "E 52.32 "POINT OF BEGINNING" 0 20 40 80 120 _-_S89_22'36"E____f ______ L 168.46' �j 01 �cr Aro PROPOSED THREE CORNERS SUBDIVISION N1 . 2 VI LANo sa %STERE 731 C.- to, o ft 30 229 '�,p OF ���`�~� FOUND BRASS CAP O FOUND 5/8" IRON PIN E3 ANGLE POINT PROPOSED THREE CORNERS SUBDIVISION NO. 2 E. T -O ENGINEERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE (208) 323-2288 FAX: (208) 323-2399 E—FILE: H:\07121\ExhB—Esmts—PH 2.DWG DATE Rev03/23/09 JOB: 07121-85-100 LINE TA LE LINE BEARING LENGTH L4 N75°21'38"E 15.50 L5 N 19°07'06"W 44.73 L7 N70°52'54"E 20.00 L8 N48°39'50"W 20.99 L9 N 14°38'22"W 24.73 b&E S70'56'31 "W 30.53 L13 N70°56'31 "E 32.07 L14 N 14°03'04"W 9.95 L15 N 19°07'06"W 43.63 L16 N72° 12'09"E 11.17 L17 S17°47'51 "E 20.00 L18 S72'1 2'09"W 11.16 L27 S30°33'20"E 10.60 L55 I N19°03'29"W 20.00 VI LANo sa %STERE 731 C.- to, o ft 30 229 '�,p OF ���`�~� FOUND BRASS CAP O FOUND 5/8" IRON PIN E3 ANGLE POINT PROPOSED THREE CORNERS SUBDIVISION NO. 2 E. T -O ENGINEERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE (208) 323-2288 FAX: (208) 323-2399 E—FILE: H:\07121\ExhB—Esmts—PH 2.DWG DATE Rev03/23/09 JOB: 07121-85-100 EaT®® ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS • 9777 CHINDEN BOULEVARD BOISE, IDAHO 83794-2008 208-323-2288 9 FAX 208-323-2399 • Project No: 07121 Date: Revised March 23, 2009 Page: 1 of 2 EXHIBIT "A" Sewer/Water Easement A variable width strip of land situated in the NW %4 of the NW %4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, A) S.00°37'24"W., 254.96 feet; thence, leaving said section line, B) S.89°22'36"E., 168.46 feet to the POINT OF BEGINNING; thence, 1) N.70°52'54"E., 20.00 feet; thence, 2) S. 19-07'06"E., 43.63 feet; thence, 3) N.72°12'09"E., 11.18 feet; thence, 4) S.17°47'51"E., 20.00 feet; thence, 5) S.72°12'09"W., 11.16 feet; thence, 6) S. 16-34'42"E., 110.78 feet to the beginning of a tangent curve; thence, 7) Southeasterly along said curve to the left, having a radius of 215.00 feet, an arc length of 52.45 feet, through a central angle of 13'58'38", of which the long chord bears S.23034'01"E., 52.32 feet; thence, tangent from said curve, 8) S.30°33'20"E., 10.60 feet to the beginning of a non -tangent curve; thence, 9) Southwesterly along said curve to right, having a radius of 160.00 feet, an arc length of 39.80 feet, through a central angle of 14°15'09", of which the long chord bears S.71026'1 8"W., 39.70 feet to a point of compound curvature; thence, BOISE • COEUR d'ALENE • CALDWELL • Project No: 07121 Date: February 10, 2009 Page: 2 of 2 10)N.48°39'50"W., 20.99feet; thence, 11)N.14°38'22"W., 24.73 feet; thence, 12) S.70°56'31 "W., 30.53 feet; thence, 13)N.19°03'29"W., 20.00 feet; thence, 14)N.70 -56'31"E., 32.07 feet; thence, 15)N.14°38'22"W., 120.47 feet; thence, 16)N.14°03'04"W., 9.95 feet; thence, 17)N.75°21'38"E., 15.50 feet; thence, 18)N.19°07'06"W., 44.73 feet to the POINT OF BEGINNING. CONTAINING: 0.22 acres, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. • 1�Tit,�/ 316 a124.110 OF h. M- H:\07121\WPr.1es\Su,,ey\P14ASE 2\P11-2 SEWER -WATER ESMT DESCS\ExhA-SEWER-WATER Esmts.doc I* BOISE 9 COEUR d'ALENE 9 CALDWELL 2 • • • 4 19 30 F." Zh EXHIBIT "B"-SEWER/WATER EASEMENT LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN 20 ADA COUNTY, IDAHO '-29 E. CHINDEN BOULEVARD W N03 03 r,4 �Lo O N 0 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT BEARING DISTANCE C4 39.80 160.00 14° 15'09" 20.00 S71 °26' 18"W 39.70 C11 52.45 215.00 13°58'38" 26.36 S23°34'01 "E 52.32 "POINT OF BEGINNING" 0 20 40 80 120 ------------ S89'22'36"E 168.46' � v9VAI�� 16 cF-4 N 00100 Lq z IN � Iw N 0 0 z J 0 PROPOSED THREE CORNERS SUBDIVISION NO. 2 ul 0 I 30629 y\o�N%. LAHp so r'\STEIp�O Oo 7316 c� s o �� \O'er y OF H. 1AcP��' + FOUND BRASS CAP OO FOUND 5/8" IRON PIN o ANGLE POINT PROPOSED THREE CORNERS SUBDIVISION NO. 2 3 T -O ENGINEERS 9777 CI-IINDEN BOULEVARD BOISE, IDAHO 63714-2008 T'1 ION E: (208) 323-2288 FAX: 1208) 32:3-2399 E -FILE: H:\07121\ExhB-Esmts-PH ME DATE:RevO3/23/09 JOB:07121-85-100 LINE TABLE LINE BEARING LENGTH L4 N75°21'38"E 15.50 L5 N19°07'06"W 44.73 L7 N70°52'54"E 20.00 L8 N48°39'50"W 20.99 L9 N14"38'22"W 24.73 L12 S70°56'31 "W 30.53 L13 N70°56'31 "E 32.07 L14 N14°03'04"W 9.95 L15 N 19°07'06"W 43.63 L16 N72'1 2'09"E 11.17 L17 S17°47'51 "E 20.00 L18 S72°12'09"W 11.16 L27 S30'33'20"E 10.60 L55 N 19°03'29"W 1 20.00 ul 0 I 30629 y\o�N%. LAHp so r'\STEIp�O Oo 7316 c� s o �� \O'er y OF H. 1AcP��' + FOUND BRASS CAP OO FOUND 5/8" IRON PIN o ANGLE POINT PROPOSED THREE CORNERS SUBDIVISION NO. 2 3 T -O ENGINEERS 9777 CI-IINDEN BOULEVARD BOISE, IDAHO 63714-2008 T'1 ION E: (208) 323-2288 FAX: 1208) 32:3-2399 E -FILE: H:\07121\ExhB-Esmts-PH ME DATE:RevO3/23/09 JOB:07121-85-100 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 10114109 12:68 PM DEPUTY Lisa BaN RECORDED—REQUEST OF ir911716 city of Meridian WATER MAIN EASEMENT THIS INDENTURE, made this:�'4 day of 2009 between Three Corners Land Development, LLC, David J. Dean, Member hereinafter called the (rantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the 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, its 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 Phase 2 Meridian easmt wtr main 0 effect and shall be completely relinquished. 0 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. Three C rners L(Ad Development, LLC David J. Dean, MNnber STATE OF IDAHO ) ) ss County of Ada ) On this ag� day of . lur , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared David J. Dean, known or identified to me to be the Member of the Limited Liability Company that executed the above instrument or the person who executed the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBJ,,IC FOR IDAHQ ,.•'�'C Residing at „Cfry►A C+w'o•� JARY Commission Expires: 0e.0 ,. O "' t�. P�y'b •��4�,�. �'•, sTA TE ��.••'� Water Main Easement Phase 2 Meridian easmt wtr main • OF GRANTEE: CITY OF MERIDIAN SEAL = CO Tammy ee ,Mayor ' �aP, A by Jageefrarman, City Clerk Approved By City Council On: ' to - 2-009 STATE OF IDAHO, ss. County of Ada On this qday of Oc-fobe_y , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. P •�1CA Jp�••• (SEAL) 4 / . N Y PUBLIC IDAHO Residing at:g V nay; IAQLyi h Commission Expires: ( l i� Water Main Easement Phase 2 Meridian easmt wtr main ® T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS • 9777 CHINDEN BOULEVARD BOISE, IDAHO 837142008 208-323-2288 . FAX 208-323-2399 Project No: 07121 Date: Revised March 23, 2009 Page: 1 of 5 EXHIBIT "A" WATER EASEMENT NO.2 A 20 -foot wide strip of land situated in the NW '/4 of the NW '/a of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 10 30, bears S.00037'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, A) S.00°37'24"W., 436.98 feet; thence, leaving said section line, B) S.89°22'36"E., 299.06 feet to the POINT OF BEGINNING; thence, 17)N.42°46'32"E., 20.00 feet; thence, 18) S.47°13'28"E., 10.76 feet to the beginning of a non -tangent curve; thence, 19) Southwesterly along said curve to the right, having a radius 160.00 feet, an arc length of 20.02 feet, through a central angle of 07°10'04", and a long chord which bears S.43046'5 I "W., 20.00 feet; thence, non -tangent from said curve, 20) N.47° 13'28"W., 10.41 feet to the POINT OF BEGINNING. CONTAINING: 216 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. Together with the following: WATER EASEMENT NO.3 A 20 -foot wide strip of land situated in the NW '/4 of the NW '/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a BOISE 9 COEUR d'ALENE 9 CALDWELL Project No: 07121 Date: Revised March 23, 2009 • Page: 2 of 5 parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: • COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, C) S.00°37'24"W., 345.34 feet; thence, leaving said section line, D) S.89°22'36"E., 373.44 feet to the POINT OF BEGINNING; thence, 21)N.42°58'07"E., 20.00 feet; thence, 22) S.47°01'53"E., 9.93 feet to the beginning of a non -tangent curve; thence, 23) Southwesterly along said curve to the right, having a radius of 337.00 feet, an arc length of 15.83 feet, through a central angle of 02°41'30", and a long chord which bears S.40°28' 17"W., 15.83 feet; thence, tangent from said curve, 24) S.39°07'32"W., 4.19 feet; thence, 25)N.47°01'53"W., 10.90 feet to the POINT OF BEGINNING. CONTAINING: 206 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. Together with the following: WATER EASEMENT NO.4 A 20 -foot wide strip of land situated in the NW 1/4 of the NW 1/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, E) S.00°37'24"W., 270.49 feet; thence, leaving said section line, F) S.89°22'36"E., 449.57 feet to the POINT OF BEGINNING; thence, BOISE • COEUR d'ALENE • CALDWELL 2 Project No: 07121 • Date: Revised March 23, 2009 Page: 3 of 5 is 26)N.59°31'54"E., 20.00 feet; thence, 27) S.30°28'06"E., 12.62 feet to the beginning of a non -tangent curve; thence, 28) Southwesterly along said curve to the left, having a radius of 337.00 feet, an arc length of 20.01 feet, through a central angle of 03°24'09", and long chord which bears S.57°42'46"W., 20.01 feet; thence, non -tangent from said curve, 29)N.30°28'06"W., 13.25 feet to the POINT OF BEGINNING. CONTAINING: 257 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. Together with the following: WATER EASEMENT NO.5 A 20 -foot wide strip of land situated in the NW '/a of the NW '/a of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, G) S.00°37'24"W., 559.30 feet; thence, leaving said section line, H) S.89°22'36"E., 251.84 feet to the beginning of a non -tangent curve and the POINT OF BEGINNING; thence, 30) Northeasterly along said curve to the left, having a radius of 270.00 feet, an arc length of 20.43 feet, through a central angle of 04'20'11 ", and a long chord which bears N.71 ° 12'44"E., 20.43 feet; thence, non -tangent from said curve, 31) S.30°33'20"E., 6.63 feet to the beginning of a non -tangent curve; thence, 32) Southwesterly along said curve to the right, having a radius of 246.00 feet, an arc length of 20.68 feet, through a central angle of 04°49'02", and a long chord which bears S.74'08'1 8"W., 20.68 feet; thence, non -tangent from said curve, 33) N.30°33'20"W., 5.55 feet to the POINT OF BEGINNING. BOISE • COEUR d'ALENE • CALDWELL 3 Project No: 07121 Date: Revised March 23, 2009 Page: 4 of 5 CONTAINING: 122 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. Together with the following: WATER EASEMENT NO.6 A 20 -foot wide strip of land situated in the NW %4 of the NW '/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, I) S.00°37'24"W., 588.21 feet to the northerly line of a parcel of land described in that • certain Corrected Special Warranty Deed, filed as Instrument No. 108047818, Records of Ada County, Idaho; thence, along said northerly line, J) S.89°59'56"E., 148.04 feet to the POINT OF BEGINNING; thence, leaving said northerly line, 34)N.00000'00"E., 15.17 feet; thence, 35) S.89022'36"E., 20.00 feet; thence, 36) S.00°00'00"W., 14.95 feet to the northerly line described in said Corrected Special Warranty Deed; thence, along said northerly line, 37) S.89059'56"W., 20.00 feet to the POINT OF BEGINNING. CONTAINING: 301 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. Together with the following: WATER EASEMENT NO.7 A 20 -foot wide strip of land situated in the NW '/4 of the NW '/4 of Section 29, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being a portion of a BOISE 9 COEUR d'ALENE • CALDWELL 4 Project No: 07121 • Date: Revised March 23, 2009 Page: 5 of 5 • parcel of land described in that certain Warranty Deed, filed as Instrument No. 980195534, Records of Ada County Idaho, described as follows: COMMENCING at the corner common to Sections 19, 20, 29 and 30, Township 4 North, Range 1 East, Boise Meridian, from which the quarter corner common to said Sections 29 and 30, bears S.00°37'24"W., 2656.54 feet; thence, along section line common to said Sections 29 and 30, K) S.00°37'24"W., 571.43 feet; thence, L) S.89022'36"E., 70.00 feet to the POINT OF BEGINNING; thence, continuing 38) S.89°22'36"E., 20.00 feet; thence, 39) S.00037'24"W., 8.39 feet; thence, 40)N.90000'00"W., 20.00 feet; thence, 41) N.00°37'24"E., 8.61 feet to the POINT OF BEGINNING. CONTAINING: 170 square feet, more or less. SUBJECT TO: All Rights, Rights -of -Way and Easements of Record. • H:\07121\WPfi1es\Survey\PHASE 2\PH-2 SEWER -WATER ESMT DESCS\ExhA-WATER Esmis.doc BOISE 9 COEUR d'ALENE • CALDWELL 5 • • EXHIBIT "'B"—WATER EASEMENTS N0.'s 2 & 5 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN 19 20 ADA COUNTY, IDAHO CEMMEN BOULEVARD 30 29 E. 00 o! ED rnI Iw I =t N M O z "POINT OF BEGINNING" 589_22'36"E 299.06' /,y�20'—WATER EASEMENT NO. 2 ASS G PROPOSED J L O i THREE CORNERS P4 I , SUBDIVISION n N NO. 2 to oR E (oO w N CORN ERS N t C'3 N E• FREE Prop.sed) 3 LINE TABLE CURVE TABLE LENGTH L43 CURVE LENGTH RADIUS DELTA TANGENT BEARING DISTANCE C33 20.02 160.00 7'10'04" 10.02 S43'46'51 "W 20.00 C34 20.43 270.00 4!20'11 " 10.22 N71' 12'44"E 20.43 C35 20.68 1246.00 1 4'49'02" 1 10.35 IS74*08'18"Wi I 20.68 M O z "POINT OF BEGINNING" 589_22'36"E 299.06' /,y�20'—WATER EASEMENT NO. 2 ASS G PROPOSED J L O i THREE CORNERS P4 I , SUBDIVISION n N NO. 2 to oR E (oO w N CORN ERS N t C'3 N E• FREE Prop.sed) 3 +• I w iV cn M o�N%. LA Ila I z�O%STfR�. I . 7 16 30129 OF H. m + FOUND BRASS CAP O FOUND 5/8" IRON PIN o ANGLE POINT T -O ENGINEERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: 12081 323-2399 E-FLE H:\07121\ExhB-Esmts-PH 2.DWG DATE: 03/23/09 JOB: 07121-85-100 LINE TABLE LINE BEARING LENGTH L43 N42'4632"E 20.00 L44 S47' 13'28"E 10.76 L45 N47' 13'28"W 10.41 L46 S30'33'20"E 6.63 L47 N30 -33'20"W 1 5.55 +• I w iV cn M o�N%. LA Ila I z�O%STfR�. I . 7 16 30129 OF H. m + FOUND BRASS CAP O FOUND 5/8" IRON PIN o ANGLE POINT T -O ENGINEERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: 12081 323-2399 E-FLE H:\07121\ExhB-Esmts-PH 2.DWG DATE: 03/23/09 JOB: 07121-85-100 N Vi O z M V o O cna . i 20'—WATER EASEMENT NO. 5 zl "POINT OF BEGINNING" S89'22'36"E _ C3 PROPOSED THREE CORNERS I SUBDIVISION I NO. 2 c 0 20 40 80 120 of N +• I w iV cn M o�N%. LA Ila I z�O%STfR�. I . 7 16 30129 OF H. m + FOUND BRASS CAP O FOUND 5/8" IRON PIN o ANGLE POINT T -O ENGINEERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: 12081 323-2399 E-FLE H:\07121\ExhB-Esmts-PH 2.DWG DATE: 03/23/09 JOB: 07121-85-100 • F-7 EXHIBIT "B"—WATER EASEMENTS N0.'s 3 & 4 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY. IDAHO 19 20 3029 E. CD It 0 N W N 1� 0 0 z CHINDEN BOULEVARD CURVE TABLE CURVE LENGTH RADIUS DELTA ITANGENTI BEARING DISTANCE C36 20.01 337.00 3'24'09" 10.01 S57'42'46"W 20.01 C37 15.83 337.00 2'41'31 " 7.92 1 S40'28' 17"W 15.83 20'—WATER EASEMENT NO. 4 "POINT OF BEGINNING" fib$ of N 41 y(n C14 ) a i 0NL LAA10 S o G\STfR� Grp`en z 7351 ZV 6 30 • 29 OF11 H. 0 FOUND BRASS CAP O FOUND 5/8" IRON PIN o ANGLE POINT T -O ENGINEERS 9777 C LINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: (208) 323-2399 E-FlIE: H:\07121\Exh8-Esmts-PH 2.IW1G DATE 03/23/09 JOB: 07121-85-100 -------------------S89'22'36"E-----------�j -----<G �VOC'i5lb� 449.57' PROPOSED oq THREE CORNERS pR NE a SUBDIVISION g Lo w NO. 2 E.. ZHRf-lE ,p °p sed c6 N M 20'—WATER EASEMENT N0. 3 I 3 0 "POINT OF BEGINNING" �NC'i �S 2 'a -------53 "E -� � LINE TABLE 73.44' �s C, o L) sr LINE BEARING LENGTH �' ►a �h� L48 N59'31'54"E 20.00 Z L49 S30'28'06"E 12.62 PROPOSED L50 N30'28'06"W 13.25 X17 THREE CORNERS L51 N42'58'07"E 20.00 � SUBDIVISION N0. 2 L52 S47'01'53"E 9.93 L53 S39'07'32"W 4.19 L54 N47'01'53"W 1 10.90 0 0 20 40 80 120 ..I r M of N 41 y(n C14 ) a i 0NL LAA10 S o G\STfR� Grp`en z 7351 ZV 6 30 • 29 OF11 H. 0 FOUND BRASS CAP O FOUND 5/8" IRON PIN o ANGLE POINT T -O ENGINEERS 9777 C LINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: (208) 323-2399 E-FlIE: H:\07121\Exh8-Esmts-PH 2.IW1G DATE 03/23/09 JOB: 07121-85-100 • • • EXHIMT "B91—WATER EASEMENTS N0.'s 6 & 7 LOCATED ON THE PROPERTY OF DAVID J. DEAN & LUANE I. DEAN WITHIN THE NW 1/4 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY. IDAHO 19 20 30129 E. CHINDEN BOULEVARD LO II LINE TABLE LINE BEARING LENGTH W N 20.00 S00'37'24"W PROPOSED LO o 10 THREE CORNERS o N N00'37'24"E SUBDIVISION L39 N00'00'00"E NO. 2 II LINE TABLE LINE BEARING LENGTH L35 S89'2236"E 20.00 L36 S00'37'24"W 8.39 L37 N90'00'00"W 20.00 L38 N00'37'24"E 8.61 L39 N00'00'00"E 15.17 L40 N89'22'36"E 20.00 L41 S00'00'00"W 14.95 L42 I S89'59'56" W 20.00 II N U 20'—WATER EASEMENT NO. 0o O E. THREE CORNERS DRIVE r4 "POINT OF BEGINNING' M (proposed) Z S89.22 36"E f ---- L35 -' L40 � 00 70.00' M, Co ci= N89'5_9'5_6"E -----148.04' ------------------------------ J L37 J J L42 "POINT OF BEGINNING" 20'—WATER EASEMENT NO. 6 M CD co 0 20 40 80 120 .l O N C O +• W cn N FOUND BRASS CAP M �NA& IANQs 0 FOUND 5/8" IRON PIN o ��G%STEIpt. G9` o ANGLE POINT z Q` �r31 � T -O ENGINEERS 30 • 29 �.e►'e►,D��E` of �`y1 9777 MINDEN BOULEVARD H. Mcp�,v BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: 12081 323-2399 E -FILE It\07121\&h8-Esmts-PH US WE: 03/23/09 Jos: 07121-85-100 MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6J REQUEST Water Easement for Paramount LDS Church AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CJ Internal Memo To: Jaycee Holman; From: Denny Cline, Development Analyst II CC: Scott Steckline, File Date: 9/24/09 Re: Proposed Agenda Item for October 6, 2009 City Council Meeting The Development Services Division of the Public Works Department respectfully requests the following item be placed on the October 6, 2009 City Council Consent Agenda, for Council's consideration: A 20' Water Easement Document for Paramount LDS Church, located in Paramount Subdivision, by Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter- day Saints. This easement provides The City of Meridian access to a new water main being installed across Lot 3, Block1, in the Paramount Church Subdivision for a LDS Church. Recommended Council Action: the Development Services Division of the Public Works Department recommends that City Council approve this water easement document for Paramount LDS Church. Thank you for your consideration. Please contact me should you have any questions or concerns regarding this item. 0 Page 1 From the desk of... Denny Cline Development Analyst 11 Meridian Public Works Department 33E. Broadway Ave, Suite 102 Meridian, Idaho 83642 (208) 89&5500 Fax (208) 887-1297 • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAHO 10/13/09 10:21 AM DEPUTY Bonnie llig II I I' II'I I II I' II' II II I I' I' II I III'I'll RECORDED —REQUEST OF Meridian CIV 109116324 WATER MAIN EASEMENT THIS INDENTURE made this day of ) LY , 20�between Corporation of the Pre s�dinF. Bishop of fiimch o� es of the first part, and hereinafter called the i �n an, oi°a�Idaho, the party of the second part, and hereinafter called the Grantee; WTINESSETH: WHEREAS, the Grantors desire to provide a water plain right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; • NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a water main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXH181T A and B) The easement hereby granted is for the purpose of construction and operation of a water main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. 1T bS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing other maintenance or making subsequent connection to the water main, 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. City of maks eA Idaho water Main Easement EASMT.wTR 1-29-09 1- 29-09.doc 29-091- 29-09.doc • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or he within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 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. Corporacion of the Presiding Bishop of the Church of ®���5 GRAD OR: esus Christ of latter-day Saints, a Utah corporation sole. ��0 �P O R4,., ®,�a .) OF THE ®4 -AvTHOiZt zFjD q&ENT— g" S EL e� m Secretary yO TE OF IDAHO ) ) ss I� a r�izy / cw(N� wc. tJGt�`yl E">\! i County of A ) AT-rAC 14 ED On this day o , 20 . before me, the undersigned, a Notary Public in and for said State, p pally appeared and known or identified to me to be the President and Secretary, respectively, of corporation that executed the within instrument, and acknowledged to me that such corporation ex the same. IN WTTNESS WHEREOF, I have hereunto set my hand official seal the day and year fist above written. (SEAL) City of meridian, Idaho 0 Wale; Main F 29-o9.doc NOTARY PUBLIC FOR IDAHO Residing at:. Commission EASMT.VM 1-29-09 1- STATE OF UTAH • ) ss COUNTY OF SALT LAKE ) (e On this -2' July 2009, before me, D. Todd Evans, a notary public, personally appeared, ��Y r &VM . Authorized Agent for Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged he executed the same for and on behalf of said corporation. 76- D. TODD EVANS NOTARY PUBLIC NOTARY PUBLIC - STATE OF UTAH Commission # 575213 Residing at: :54LJ xg (0y-!ry My Comm. Exp. 09/06/2012 My commission expires: d -p • / L • 0 • • GRANTEE: CITY OF MERIDIAN Tammy de W Mayor Attest b aycee L. Holman, City Clerk of M c3' �oµPor� rF REAL 111e1ltttNt��� Approved By City Council On:_ STATE OF IDAHO ) )ss County of Ada } On this day of , 20-ift before me, the undersigned, allotaryPablic in and for said State, personallyappeared TAMMYDE 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 first above written. (SEAL) .+`++p. FR #OTAkk i. opodo 0 of Wesiding at:, Commission my official seal the day and year . City of meridian, Idaho water Main Easement EASMT.VnR 1-29-091- 29-09.doe • En nneering worth West, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 08-00401 Date: March 31, 2009 EXHIBIT A PARAMOUNT CHURCH SUBDIVISION WATER LINE EASEMENT DESCRIPTION An easement over a parcel of land located in the NE 1/4 of the SE 1/4 of Section 25, T. 4 N., R. 1 W., B. M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 25 and 36 of said T. 4 N., R. 1 W., and Sections 30 and 31 of T. 4 N., R.1 E., B.M.; Thence North 00°23'20" East, 2640.13 feet on the section line common to said Sections 25 and 30 to the 1/4 Section Comer common to said Sections 25 and 30; Thence reversing direction, South 00°23'20" West, 119.99 feet on said section lime to the southeast comer of Paramount Subdivision No. 15, as same is shown on the Plat thereof recorded • in Book 99 of Plats at Page 12762 of Ada County Records; Thence North 89°36'40" West, 172.45 feet on the southerly boundary line of said Paramount Subdivision No. 15 to the REAP. POINT OF BEGINNING of this easement; Thence South 00023'20" West, 128.26 feet; Thence North 89036140" West, 185.95 feet; Thence South 0002370" West, 10.50 feet; Thence North 89°36'40" West, 10.00 feet; Thence North 00023'20" East, 10.50 feet; Thence North 89036'40" West, 14.51 feet; Thence South 00°2370" West, 224.00 feet; Thence South 89036'40" East, 134.51 feet; Thence North 00023'20" East, 33.90 feet; 0 Thence South 8903640" East, 11.50 feet; Paramount Chun~h Sub Wates Basement Descdoa Page 1 of 1 • Thence South 00°2320" West, 33.90 feet; Thence South 89°36'40" East, 201.90 feet to a point on the future westerly right-of-way line of North Meridian Road; Thence South 00°23'20" West, 20.00 feet on said future right-of-way line, said line being 35.00 feet westerly of and parallel with the section line common to said Sections 25 and 30; Thence leaving said right-of-way line, North 89°36'40" West, 235.40 feet; Thence South 00°2370" West, 18.50 feet; Thence North 89036'40" West,10.00 feet, Thence North 00023'20" East,18.50 feet, , Thence North 8936'40" West, 122.50 feet; Thence North 00°23'20" East, 264.00 feet; Thence South 89°36'40" East, 210.45 feet; Thence North 00023'20" East, 108.26 feet to a point on the southerly boundary line of said Paramount Subdivision No. 15; Thence South 89036140" East, 20.00 feet on said southerly boundary line to the real point of beginning. PREPARED BY: Engineering Northwest, LLC James R. Washburn, PLS Paramount Church Sub Vf/ater ESSW=t Dere doe Page 2 of 2 0 PARAMOUNT CHURCH SUBDIVISION WATER LINE EASEMENT EXHIBIT B SCALE: 1" = 100' W. PRODUCER DR. REAL POINT OF BEGINNING MY WAM EASEMEIr S.25 S.30 1/4 0; 0 N -N8936'40"W 172.45 CITY OF MERIDIAN WATER UNE EASEMENT 1 1 1 1 1 1 W. McMILLAN ROAD 4L% S.30 S.36T&31 1Gs4&n AM MDT LINE TABLE LINEI BEARING LENGTH 1 SOO` 23' 20' N 10. 50' L-2 N89.36' 40' M 10. 00' 1 N00.23' 20' E 10. 50' L-4 I N89.36' 40'W 14. 51' I 1 L-6 I SEW 36' 40' E 11. 50' S6936'4WE 210.45' 1 L-8 SOD' 23' 20• Y 20. 00' L-9 SOO.23. 20, V 1& 50' L-10 N89.36' 40' li 10. 00' L-11 NOW 27 20'E I 1& 50' NEW, 36'40 18 5.95 L-2 1 1 R � m 1 N W O I� BLOGW � � 1 1 L-6 MY WAM EASEMEIr S.25 S.30 1/4 0; 0 N -N8936'40"W 172.45 CITY OF MERIDIAN WATER UNE EASEMENT 1 1 1 1 1 1 W. McMILLAN ROAD 4L% S.30 S.36T&31 1Gs4&n AM MDT LINE TABLE LINEI BEARING LENGTH L-1 I SOO` 23' 20' N 10. 50' L-2 N89.36' 40' M 10. 00' L-3 I N00.23' 20' E 10. 50' L-4 I N89.36' 40'W 14. 51' L -S N00.23' 20' E 33. 90' L-6 I SEW 36' 40' E 11. 50' L-7 I SOD' E7 20'W 33. 90' L-8 SOD' 23' 20• Y 20. 00' L-9 SOO.23. 20, V 1& 50' L-10 N89.36' 40' li 10. 00' L-11 NOW 27 20'E I 1& 50' L-12 S89.36' 40'E 120, 00' MY WAM EASEMEIr S.25 S.30 1/4 0; 0 N -N8936'40"W 172.45 CITY OF MERIDIAN WATER UNE EASEMENT 1 1 1 1 1 1 W. McMILLAN ROAD 4L% S.30 S.36T&31 1Gs4&n AM MDT • MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6K REQUEST Task Order # 10085 with Hydro Logic for Consulting Services on Water Rights Housekeeping with a not to exceed amount of $81,650.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PW DEPT: See Attached •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. • Memo To: Jaycee Holman; Tara Green From: Kyle Radek CC: File Date: 9/21/09 Re: Proposed Agenda Item for October 6 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 6 City Council agenda, under consent agenda, for Council's consideration: • Task Order 10085 with Hydro Logic for continuing services on Water Rights Housekeeping Public Work recommends City Council approves the Task Order 10085 with Hydro Logic for Water Rights Housekeeping for $81,650 for expenditure in FY 2010 and authorizes the Mayor to sign it. This task order continues water rights efforts that Hydro Logic has previously completed and includes the following work: • Develop comprehensive water rights portfolio files • Complete water rights transfers for post -1987 licenses • System -wide proof of beneficial use examination • On-going permit licensing examinations • Meetings with the Idaho Department of Water Resources director and staff and city staff This work is needed to organize, secure, and exploit our water rights portfolio which is critical to the long-term viability of the City's water utility. This project is part of Groundwater Master Planning scheduled for FY 10 and will be charged to consulting 3410-55103. Thank you for your consideration. Please contact me if you have any questions regarding • this item. 0 Page 1 • TASK ORDER NO.10085 CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC. (HYDROGEOLOGIST) This Task Order is issued by Owner and accepted by the Hydrogeologist pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated February 18, 2007. CITY OF MERIDIAN POST- SNAKE RIVER BASIN ADJUDICATION MUNICIPAL WATER RIGHTS APPLICATIONS, TRANSFERS, AMENDMENTS TO PERMITS, COMPREHENSIVE WATER RIGHTS FILES COMPILATION, SYSTEM WIDE PROOF OF BENEFICIAL USE EVALUATION, AND PERMIT LICENSING EXAMINATIONS PURPOSE Prior to a few years ago, the City costs with respect to water rights were very small and generally tied to getting approvals to drill wells. The low cost is a reflection that the City was, • more -or -less, not paying attention to water rights issues and, as a result, the City got way behind in planning and providing for its water rights. In this same fashion, the City may miss out on many available opportunities that will effect its growth and costs well into the future. The City continues to have options and urgent needs with respect to its current and future water rights portfolio that it CANNOT ignore any longer. The City entered into a contract with Hydro Logic, Inc. in 2005 to commence work on these issues but work on that project was arrested by the Snake River Basin Adjudication which is only now (today actually) being concluded with respect to the City's municipal water rights. The work accomplished under this contract with respect to the SRBA resulted In many positive gains for the City and the City's water rights are now much improved. With the SRBA concluding, the City now can resume the water rights work it had planned prior to that work being curtailed by the SRBA. The Hydrogeologist's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Hydrogeological Consulting Services as described within this Task Order. TASK 1.1 — DEVELOP COMPREHENSIVE WATER RIGHTS PORTFOLIO FILES This task will involve an exhaustive duplication of the City's municipal water rights portfolio from the IDWR's vault. Each individual water right will be organized in chronological order and bound in a heavy duty file folder. All water right information from the City's files and its consultant's files will be collated into the bound files as well. Deliverable will be a comprehensive, up-to-date and organized set of files for the City's entire water right portfolio. 0 • TASK 1.2— COMPREHENSIVE WATER RIGHTS TRANSFER FOR POSTA987 LICENSES Pending the outcome of the SRBA, this comprehensive transfer application has been on hold. Now we know that many flexibilities have been extended to the City's pre -1987 (the date of the SRBA) water rights that now need to be extended to its post -1987 rights. The SRBA adjudicated water rights up until June of 1987 only and because of the City's growth spurt after 1987, a great many of the City's water rights post date the SRBA. The City has abandoned wells that need to be transferred to new points of diversion and all post -1987 wells need to be included. The flexibilities include making all of the City's wells points of diversion for all of its water rights and removing past restrictive conditions from its water right licenses. TASK 1.3 - SYSTEM -WIDE PROOF OF BENEFICIAL USE EXAMINATION Up to this point in time, Meridian has relied upon filing new water rights applications for each new well to be constructed. This may have resulted in the City owning more "paper" water rights than it needs to supply its demand. The IDWR is questioning this very scenario and it will be difficult (if not impossible) for the City to apply for additional water rights permits without reconciling its current use with its existing water rights portfolio. Indeed, the City's approved permits for the last several years have carried conditions that require such a reconciliation prior to licensure of the permits. This same "reconciliation" is what is required by Meridian for any future needs application; thus adding more emphasis on the need to more forward with such an evaluation and documentation of the City's current water usage. This task will cover quantification of the City's water use with respect to its water rights and the filing of the system wide Proof of Beneficial Use examination. TASK 1.4 - ON-GOING PERMIT LICENSING EXAMINATIONS The City has had to do one Beneficial Use licensing examination for one well per year for the last 5 years. We expect to do at least one POBU licensing examination for the City every year for the next 5 years. In addition, the changes in administration and contract difficulties of the last two years have resulted in the City getting behind on these submittals. Therefore additional POBU exams will be required for the next two years. The estimated cost of each POBU examination is - $3K. This task will bring the City current with its proof of beneficial use examinations with the ultimate goal of converting all of the City's outstanding Permits to Licenses. TASK 1.5 - MEETINGS WITH THE IDWR DIRECTOR AND STAFF AND CITY Conjunctive management issues at the Department have appeared to become less of an issue for Meridian because the Director indicated to Tom Barry and Ed Squires in their recent meeting together that the ground water gradient "downstream" of the city is beyond (lower) on the conjunctively managed portion of the Boise River. However, recent involvement with the IDWR suggests that its position on conjunctive management may be changing. The effects of pumping on the River are also moving down -gradient and the City is well advised to keep this management issue in mind as it moves forward. The concept of "Reasonably Anticipated Future Needs", an application the City intends to address as soon as its other water rights "housekeeping" issues (this task order) are put to bed, is also in flux and the City will be kept advised to developing administration in this arena as well. Frequent meetings with the Director 0 and/or his senior staff so that the City can "stay in front of the Department" and the Water Resources Board" would be wise and this task provides for this. The Owner will provide access to data. Hydrogeologist will work closely with the City's Public Works and Water Departments and provide legal expertise on an as needed basis within its scope of work. It is anticipated that Charlie Honsinger of Ringert Law, the City's current water attorney of record in the SRBA, would be consulted owing to his familiarity with the City's water rights portfolio. The legal costs are included within our proposed scope of work. TIME OF COMPLETION The area of water rights is in constant flux and municipalities appear to be always breaking new ground at the Department. The limited staff and resources at the Department do not help this situation. Therefore, it is quite difficult to estimate the time frame for these initiatives and the associated processing queue. While we want to think in terms of "as soon as possible" the reality is that we just really don't know until we try. Therefore, it is recommended that this task order be considered as a two-year project. Deliverables, such as transfer filings and proof of beneficial use examinations can be continuously in the works and the City should expect monthly progress and project updates. COMPENSATION Based upon the attached estimated costs spreadsheet, it has been determined that The Not-To- Exceed ot To - Exceed amount for this Task Order No. 10085 is eighty one thousand six hundred and fifty ® dollars ($ 81,650). The hourly rates for services and direct expenses is attached and by this reference made a part hereof. It is anticipated that HLI will invoice the City monthly as the work progresses. CITY OF MERIDIAN HYDROGEOLOGIST BY:-*---�kwz,��WX14 TAM WEERD, MAYOR ED SQUIRES HYDRO LOGIC, INC. J111111111", 4/ ` �^.5lyl '�• Attest: .' J CEE OLMAN, CITY CLERK O `� 0 • • • MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6L REQUEST Task Order # 1004A for Silverstone Letter of Map Revision, Phase 2 on Eight Mile Creek with a not to exceed amount of $46,359.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PW DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Attached ENDIAN�-- Ptiblic """' Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, PE, CFM Assistant City Engineer DATE: 9/24/2009 Mayor Tammy de Weerd CHV CamdI Member: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Task Order 10004a for Silverstone Letter of Map Revsion, Phase 2 on Eightmile Creek I. RECOMMENDED ACTION • A. Move to: Approve Task Order 10004a with TO Engineers for Silverstone Letter of Map Revision, Phase 2 for a not -to -exceed cost of $46,359. 2. Authorize the Mayor to sign the agreement. H.DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Asst. City Engineer 489-0343 A. Background Between 5 and 9 years ago, development occurred in the Silverstone and Silverstone Campus Subdivisions which affected the floodplain of Eightmile Creek. A subsequent study to determine new Base Flood Elevations (BFEs) for development revealed that the previous development caused Base Flood Elevations to rise more than what is allowed by the National Flood Insurance • Program (NFIP). FEMA, who regulates this program has directed the City to provide updated mapping through a Letter of Map Revision (LOMR). Page 1 of 3 0 V-! /4�/06 17 -gr 1—rj • B. Proposed Project This project will complete the engineering work required to complete and submit the LOMR to FEMA. This work includes aerial mapping, hydraulic analysis, building the submittal, and coordination with FEMA. Upon completion, this project will provide correct floodplain mapping for the area and keep us in good standing in the NFIP. C. Consultant Selection The consultant selected for this project was the same consultant used for the first phase of this LOMR submittal. This consultant was chosen for phase 1 because they had been involved in the development of the BEFs that originally identified the problem. IV. IMPACT A. Strategic Impact: This activity aligns with our department's vision of conserving and protecting our natural resources and property through sound floodplain management. B. Service/Delivery Impact: • This project will satisfy the City's duty to manage floodplain development according to NFIP rules and allow it to remain in good standing in the program which will guarantee the availability of flood insurance to residents. C. Fiscal Impact: Project Costs Consultant Agreement Time and Materials Not -to -exceed $46,359 Total Time and Materials Not -to -exceed $46,359 Project Funding Project will be funded comprehensive surface water program. V. ALTERNATIVES A. The City could choose not to submit a LOMR. This would likely result in FEMA putting the City on probation in the NFIP. Policy holders would pay an additional charge of $50 on their insurance premium. B. The City could attempt to get the developers who made the changes to the floodplain to pay for the study and submit the changes. With the circumstances of the problem development and our current code, it is unlikely that the City would make much progress in this effort. Page 2 of 3 VI. TIME CONSTRAINTS This problem was identified and shared with FEMA in 2008. We have been making progress on the map revision since then, but if we are not diligent in our efforts, FEMA could put the City on probation. Completion of this work in the next 4 months should satisfy FEMA. VII. LIST OF ATTACHMENTS A. Consultant Agreement Approved for Council Agenda: • • Tom Barry, Director of Public Works Date Page 3 of 3 0 Task Order No. 10004-A Scope of Work Completion of Letter of Map Revision (LOMR) Submittal Flood Study of )=right Mile Creek Silverstone and Silverstone Campus Subdivision Areas Client: City of Meridian Consultant: T -O Engineers, Inc. September 23, 2009 T -O Engineers completed a flood study on Eight Mile Creek in a cooperative effort between the Kevin Spencer Company and the City of Meridian in June 2008, referred to herein as the "2008 study". The 2008 study demonstrates higher 100 -year base flood elevations compared to the existing FEMA maps. The higher flood elevations result from improvements to Overland Road, tiling of Eight Mile Creek south of Overland Road, and installation of culverts at South Jade Way and South Topaz Way. The City intends to submit the 2008 study, with modifications as necessary, as a Letter of Map Revision (LOMR) to FEMA for approval and implementation of the modified base flood elevations into the effective FEMA maps and Flood Insurance Study. The preceding Task Order No. 10004 is complete with the major work efforts being: development of a duplicate effective HEC -RAS model from the existing MEC -2 hardcopy model data, extension of the 2008 study upstream, collection of additional survey data to better define the extents of flooding, and creation of a hydraulic model of the 500 -year event. Additional complexities arose that were not foreseen in development of the scope of work for Task Order No. 10004. The issues include: additional upstream extension of the study to accomplish tie-in, differences in computational methods between 14FC-2 and HFC -RAS at Overland Road, development of a revised profile baseline to limit revisions to the FIS profile coordinates, discovery of the potential for the updated flood elevations to produce extended flooding in the southwest corner of the Silverstone area and further west across Eagle Road. The purpose of this scope of work for `1 ask Order No. 10004-A is to finish the LOMR application and submit to FEMA. The submittal will address the issues encountered during Task Order No. 10004 and incorporate solutions into the LOMR submittal. Scope of Work 1) Aerial Mapping Obtain aerial mapping to define extent of flooding to the south and west of the original flood study area. FEMA requires topographic work maps and it is more cost etTective to complete aerial mapping compared to additional survey between previously completed model cross sections along with manual reconstruction of planimetric features (roads, buildings, sidewalks, berms, etc.) from raw survey data. Mapping effort includes setting control and aerial targets by survey, analysis of 0 • aerials, creation of digital surface, creation of contour map, and integration into project database. This scope includes mapping west toward the Ninemi le Creek drainage divide in view of the likelihood of flooding west across Eagle Road. 2) Analysis Review aerial mapping between surveyed cross sections for supplementary flow paths around culverts, especially Jade Way, and refine model accordingly. Review aerial mapping for extent and elevation of high ground in the Silverstone area and flooding to the south and west at Goldstone Way and Eagle Road. Complete mapping of floodplain limits. 2) FEMA submittal forms. Update 2008 report narrative and graphics. Discuss issues and solutions arising from Task Order No. 10004 in narrative. Produce modified FEMA maps and water surface profiles in Flood Insurance Study. Develop FEMA LOMR forms, assemble FEMA required digital submittals, compile submittal package. 3) Submittal Coordination Review LOMR submittal with City. Provide City with digital version of LOMR submittal including HEC -RAS model and mapping of floodplain (as submitted to FEMA) conformed to Ada County coordinates for City to include in GIS database. Submit LOMR application to Ada County for review and community acknowledgement. Submit to FEMA. Review FF,MA approved LOMR lbr accuracy. 5) Potential Coordination with FEMA to Approve LOMR The LOMR submittal will be developed with quality control to comply with generally known FEMA requirements. however, it is typical for FEMA to request additional data or analysis of specific details during the LOMR approval process. Specific requests posed by FEMA cannot be anticipated at this stage of scoping. Therefore, a budget amount of $5,000.00 is established for this potential work item based on two days of analysis and coordination with FEMA, and two days of revision/re-submittal of relevant portions of the model and mapping. Fee The fee for completing scope items #I through #5 is a not -to -exceed amount ol'$46,359.00. The fee is based on what is known and reasonably foreseeable but no guarantee is expressed that the scope is all inclusive and that no other items/tasks be required throughout the process. No payments will be made for work above the agreed amount without written authorization. A preliminary budget estimate of $40K for the LOMB work was provided to the City in January 2009. Task Order No. 10004 was authorized for $20K with an anticipated additional $20K to complete engineering efforts for the LOMR. Task Order No. 10004-A has an estimated fee of $46K and is comprised of $20K for mapping and related survey ciTorts not anticipated in the January 2009 estimate and $26k for the remaining engineering to address the additional items and complete the LOMB submittal. is Assumptions and Exclusions The following assumptions are incorporated from Task Order No. 10004 and updated herein. Additional services may be required if the assumptions do not remain valid in the process of completing the work. Additional or excluded services may be added by amendment of the agreement. 1) It is assumed FFM A will accept termination of the LOMR at the north edge of Overland Road with a known differential in flood elevations north (downstream) of Overland Road. Flood elevations higher than FEMA regulatory values were revealed in a separate site-specific study for lands north of Overland Road previously completed by Consultant. The submittal to FEMA will characterize the relative insensitivity of the flood elevations at Overland Road (and upstream) to the flood elevations downstream of Overland Road as a proposed basis for FEMA approval. The City reviewed this finding and proposed submittal approach to retain FEMA values north of Overland Road for purposes of mapping continuity with FEMA Region X staff on December 19, 2008. At that time, FEMA did not object to the approach. 2) It is assumed the City will not enter into a joint LOMR submittal with landowners north of Overland Road to extend the flood study downstream. 3) It is assumed that the flood study of conceptual improvements to I-84 and Eagle Road completed by Connecting Idaho Partners (CIP) is not submitted to FEMA by UP, the City of Meridian or as a joint submittal with this proposed scope of work. 4) It is assumed submittal fees, if required by FEMA, would be paid directly by the City to FEMA. 5) It is assumed that no new fill or development will occur within the limits of the flood study after beginning work on the mapping, the submittal and during the FEMA approval process. Any such fill may require revision of the study. 6) Ada County will not require revision of the flood study as a condition of the County signing the Community Acknowledgement form. 7)'rhe City will obtain permission to survey on private property. 8) FEMA has established regulatory flows for 8 -Mile and 5 -Mile Creeks and those flow were used in the 2008 study. It is assumed that FEMA will not require a hydrologic study to modify the flows. 9) The Nampa and Meridian Irrigation District does not have review or approval authority over the LOMR submittal and neither the City or County will request comment from the District. 10) No floodway will be delineated on Eight Mile Creek. The current FEMA maps do not designate a floodway on Fright Mile Creek and the 2008 study area has been platted as a subdivision. Property within the contemplated extension of the 2008 study will be subject to City 1-1 • • 0 or County requirements for proposed development to demonstrate limitations of base flood elevation surcharges to less than one foot. 11) The City will lead coordination efforts with FEMA including confirmation of receipt of submittal, establish a FEMA case number and contact person, inquiries as to status of FEMA review and approval. 12) City will develop landowner location, contact summary and FEMA required flood elevation notification letters for properties affected by 2008 study. CITY OF MERIDIAN BY: TAMMY�,d WEERD, MAYOR ``."N Of I Dated: 10-4-0 .� T -O Engineers, Inc. BY: Steven E. Holt, 86cretary "I.- Attest: I. Attest: ` BEAL JAY E L. HOLMAN, CITY CLINK ,q r ts� ��P•r�,�`` CotmT-f Approved as to Content BY: KEITH TTS, URC ASING AGENT z3 Department Approval BY: NAME: Dated: —0 Approved as to Form CITY ATTORNEY TITLE: Dated: • • 8g8�g8$�8�o5o�� NO C .j N 4001 Kw K yqq� ww Lpi pK OON SO00 G w c'�•-SN a r � UUU ro a MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6M REQUEST Memorandum of Agreement with COMPASS to Acquire Orthophotography in the Spring of 2010 with a not to exceed amount of $8.000.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PW DEPT: See Attached •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. ENDIAN�-- Public """' Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Robin Jack GIS Technician DATE: 9/21/2009 Mayor Tammy de Weerd CKV Ceandl Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: MEMORANDUM OF AGREEMENT WITH COMPASS TO ACQUIRE ORTHOPHOTOGRAPHY IN THE SPRING OF 2010. • I. RECOMMENDED ACTION A. Move to: 1. Approve the License Agreement with Compass, the agency organizing the group of contributors to acquire orthophotography in the spring of 2010, sending the RFP and orchestrating the collaboration of Ada County members. Meridian's share of expenses not exceed $8,000; and 2. Authorize the Mayor to sign the agreement II.DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Robin Jack, GIS Technician 489-0368 III. DESCRIPTION A. Background • This is a cooperative of many government agencies working together to acquire aerial photography at a significantly lower cost than each entity would otherwise acquire the same photography independently. This is the same cooperative that worked together to successfully Page 1 of 3 1 i • • Ok v acquire the 2007, 2005 and the 2003 photography. This is an important year to have orthophotography. The flight will coincide with the 2010 Census data. B. Proposed Project The scope of this project will be to produce true or natural color digital orthophotos at six inch (6") pixel resolution, conforming to one inch equals one hundred feet (1" = 100'), according to National Map Accuracy Standards. This will allow all departments through GIS to see the existing infrastructure. C. Consultant Selection Compass will send out a Request for Proposals (RFP) the committee members will review all RFP's. Then the committee will vote to select the best candidate for the job. The best candidate will be determined based upon guidelines outlined in the RFP. "L'?AIIW0W' 'TO" A. Strategic Impact: This will help to create a city unified mapping system for all user data. As stated in Public Works Strategic Objectives under Business Operations BO -9. B. Service/Delivery Impact: The new photography will provide current information for all departments in City of Meridian to utilize. It is important to have current photography that gives a real representation of existing infrastructure. C. Fiscal Impact: Project Costs Consultant Agreement $8,000 Project Funding Fiscal year 2010 General Fund $2666.66 Enterprise Fund $2666.67 Dev Service Fund $2666.66 Total $8,000 The cost of this project is divided between all funding sources because it benefits all departments in the city. Page 2 of 3 .01 :7 C • V. ALTERNATIVES A. The City could go for a bid independent of the cooperative. This would significantly increase the cost of the project. From $8,000 to approximately $100,000 B. The City staff could continue to use the photography from 2007. This would not show the growth and changes to the city that have occurred in the last three years. Staff would not have a visual comparison to correlate to the census data. VI. TIME CONSTRAINTS Council's approval will allow Compass to move forward with the RFP. The contractor needs to be selected with time to plan the flight in the spring of 2010. VII. LIST OF ATTACHMENTS A. Memorandum of Agreement (2 copies for signature) Approved for Council Agenda: Tom Barry, Director of Public Works Page 3 of 3 Date • MEMORANDUM OF AGREEMENT No. 2009-03 For the purpose of jointly funding an updated set of orthophotos for Ada County and Caldwell (UPWP Program 861) Project Purpose The purpose of the project is to acquire 2010 six-inch resolution natural color digital orthophotos over the urbanized area of Ada County and Caldwell, and 1 -foot resolution natural -color digital imagery over the rural areas of the sante arca of interest as identified by the U.S. Geological Survey (USGS) for Homeland Security activities. WHEREAS, the parties to this agreement, indicated below, hereafter referred to as "the Parties" and the Community Planning Association of Southwest Idaho, hereafter referred to as "COMPASS", desire to cooperate in funding an update to the 2007 orthophotos; WHEREAS, the Parties have determined that a comprehensive set of high resolution orthophotos is of mutual benefit to their respective planning activities and programs; WHEREAS, the United States Geological Survey hereal)cr referred to as "USGS," is responding to a Department of Defense (DOD) request for high-resolution image and geospatial data in support of Homeland Security. The National Imagery and Mapping Agency (NIMA) has identified Boise as an arca for which imagery is required. NIMH data requirements call for 1 -foot or better resolution natural - color, leaf -off, orthorecti tied digital imagery. To address this need, USGS has offered funding in the amount of $75,000 for the purpose of creating a set of updated orthophotos; WHEREAS, COMPASS coordinated the 2000, 2003, and 2007 orthophotos on behalf of its Ada County members and has found a comprehensive set of orthophotos of benefit to its work in transportation, and regional planning; and WHEREAS, the Parties agree to the following: 1. COMPASS agrees to obtain the deliverables from the selected consultant. Deliverables include: a. Spring 2010 orthophotos taken prior to leaf -out of trees for the arca covered in Exhibit A. Only digital imagery will he provided as part of this agreement. b. Said photos to be compatible with the orthophotos taken in years past and meeting the technical specifications listed in Exhibit B. 2. COMPASS must meet applicable federal procurement requirements and its own procurement process. 3. All newly generated products of the COMPASS orthophotos acquisition project will be in the public domain. COMPASS will make available all products for USGS and Earth Resources Observation and Science archives. 0 a • 4. Agreed upon estimates of costs for each participating agency: Contribution Agency - Contact Person Not to Exceed Ada County - Anne Kawalec $60,000 Ada. County Highway District - Chuck Spencer $60,000 City of Boise - Tim Hetherington $20,000 City of Caldwell - Dave Marston $10,000 City of Garden City - Tina Fenske $2,500 City of Kuna - Mie Borzick $8,000 City of Meridian - Robin Jack $8,000 City of Star - Mary Shaw Taylor $4,000 COMPASS - Ross Dodge $90,000 Idaho Military Division - Nick Nydegger $15,000 United States Geological Survey - Tracy Fuller $75,000 United Water - Robert Barrett $10,000 TOTAL ESTIMATED PROJECT COST $362,500 • 5. COMPASS will invoice the Parties for the project's actual costs when the final contract is negotiated with the selected consultant. Costs are based on a proportionate share with the understanding this is a cost reimbursable process. 6. COMPASS will distribute the imagery to the Parties by copying the files onto the hard drive furnished by the Parties. NOW THEREFORE BE IT RESOLVED The Parties hereby agree to the provisions of this agreement, and commitment to costs for each participating agency, to be effective on the date approved. APPROVED this __JL4tday of OnA 6.4- 2009. P1 • *)- .......... ew- a \\ iii r o Matthew L Stoll, xecntive Director BEAL _ Community Planning Association of SW Idaho 7 O`7 "- ( t 'I-� %%' / Ql1VY 0 \\ //l ill rtt, n It 111\\\\\\ 2 Exhibit A • Sections Covered in 2010 Orthophoto Update 0 0 3 Exhibit B • Technical Specifications for 2010 Orthophoto Update • Aerial Photographs 1. Aerial type: Digital -True Color 2. Date(s) of photography: Spring 2010 3. Sun angle above the horizon: No more than 30 degrees, between 9:00 a.m. and 3:00 p.m. Mountain Daylight Time 4. Vegetation condition: Leaf off 5. Photo coverage: Section -centered single exposure 6. Photography scale: Applicable to acquire 6" and I' resolution photography Digital Orthophotos 1. Physical formats: TIFF+ and MrSfD 2. File extent: 885 Tiles at 1500m x 1500m uncompressed TIFF (0.15m and .3m) 3. Uncompressed data: Yes 4. Photo source: Ada/Caldwell 2010 orthophoto project 5. Number of bands: RGB true color 6. rile organization. TIFF 7. Coordinate system: For Ada County, Modified State Plane Coordinate System; for USGS, UTM - NAD83, for Caldwell, Standard State Plane Coordinate System 8. Orientation of image pixels: Row major 9. Scanning aperture: 12 microns 10. Ground/pixel resolution: 0.15m and 0.3m 11. Positional accuracy for well defined test points: + 2 ft (95% confidence level, NSSDA for 1.0' GRD 12. Corner ties embedded: No 13. Image overedges beyond outermost corner ties: Not applicable 14. Source of elevation data used for the orthophoto rectification: DTM derived from ADA County Orthophoto Project -- 2007 15. Description of ground control design and aerotriangulation procedures used in preparing orthophotos: All ground control and aerotriangulation will be performed under the direct supervision of an Idaho professional land surveyor. It will be based on the DTM from the 2007 aerial acquisition process. 16. USGS ur other header provided: No (Georeferencing files only —TIFF World, SID World) 17. FGF)C-compliant metadata will be provided 4 • SCANNED • • MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6N REQUEST Purchase and Sale Agreement for Sanitary Sewer Lift Station at Blackrock Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PW DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See Attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. EIDIAN.117-1-11 bfic Works Department: Wastewater Division June 23, 2009 Jennifer Allen Blackrock HOA President 701 S. Allen Street STE. 104 Meridian, Idaho 83642 Re: Blackrock Lift Station The City of Meridian is prepared to proceed with the transfer of ownership of the Blackrock Lift Station to the City. The procedure for the transfer of ownership is as follows: * City of Meridian representatives conducted an inspection of the lift station to ensure the is lift station meets minimum standards in accordance with City requirements. Minor deficiencies were found and correction by Blackrock HOA representatives is considered not to be necessary. • The City of Meridian Attorney's office has drafted agreement language (Real Estate Purchase and Sale Agreement) and deed (Warranty Deed) for the transfer of ownership. These documents are enclosed for your review and approval. • Please contact Ted Baird from the City Attorneys office at 489-0483 regarding filling in the appropriate information. Ted will work with your representatives to finalize the agreement and deed. Should you have any questions regarding this matter please contact me at 888-2191. Sincerely, Gail Hammond Plant Co -Manager Cc: Richard Dees, Utility Operations Manager Ted Baird, Deputy City Attorney Tracy Crane, Plant Co -Manager Ester Ceja, DEQ • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 10 BOISE IDAHO 12H4109 10:28 AM DEPUTY Bonnie ObefiIIII II RECORDED—REQUEST OF �II I'll'II�II'III'IIIIII'IIII�III Meridian CIV 10913IB589 REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is made effective as of the r--* day of CC r , 2009, between The City of Meridian ("Buyer"), and the Blackrock Subdivision Homeowners' Association, Inc. ("Seller"). The parties agree as follows: 1. Purchase and Sale of Property. 1.1 Property. Subject to the terms and conditions of this Agreement, the Seller shall sell to the Buyer and the Buyer shall receive from the Seller the following real property and other assets (the "Property'): 1.1.1 Real Property. The real property described on Exhibit "A" attached hereto and incorporated herein, with all buildings, fixtures (including but not limited to the sanitary sewer lift station and associated improvements) and other improvements located on such real property (the "Real Property"). 1.1.2 Tangible Personal Property. All tangible personal property located on or used exclusively in connection with the operation or maintenance of the Real Property ("Tangible Personal Property"), including, without limitation, all trade fixtures, equipment, supplies and tools. 1.2 Purchase Consideration. Seller. agrees to convey the Real Property to Buyer without the exchange of monetary consideration. The consideration for this transaction consists of Buyer's agreement to assume responsibility for the operation and maintenance of the sanitary sewer lift station located on the Real Property in exchange for Seller's conveyance of title to the Real Property. 1.3 Conveyance of Title. Title to the Real Property shall be conveyed by a Warranty Deed. Title to the Real Property shall be marketable and insurable and shall be free and clear of all liens, encumbrances, and restrictions, exclusive of (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. PURCHASE AND SALE AGREEMENT -1 • 1.4 Title Insurance. 1.4.1 Commitment. Upon the acceptance of this Agreement by the Seller, the Buyer, at Buyer's own expense, may order a Commitment for Title Insurance ("Commitment") issued by Lawyers Title of Treasure Valley ("Title Company"), covering the Real Property. 1.4.2 Unapproved Exceptions. If any exceptions shown on the Commitment are not approved in writing by the Buyer prior to Closing and cannot be removed by the Seller by Closing, then the Buyer shall have the right to terminate this Agreement, in which event all earnest money deposited shall be refunded to the Buyer and each party shall be fully released and discharged from any further obligations under this Agreement. 1.4.3 Policy. At Closing or soon thereafter, Buyer may purchase an ALTA Owner's Policy title insurance policy (current revision) ("Policy") satisfying the following specifications: The Policy shall insure the Buyer as the owner of the Real Property, subject only to the following special exceptions: (i) real property taxes for the current year which are not due and payable on or before Closing, and (ii) liens, encumbrances, and conditions accepted in writing by the Buyer on or before Closing. 2. Representations, Warranties, and Covenants of the Seller. The Seller represents and warrants to, and covenants with, the Buyer as follows: • 2.1 Authority of the Seller. The execution, delivery, and consummation of this Agreement by the Seller has been duly approved in accordance with applicable law and any documents or instruments governing the Seller. 2.2 Property Ownership. The Seller owns and possesses all right, title, and interest in and to the Property free and clear of all covenants, conditions, easements, liens, and encumbrances. 0 2.3 Material Misstatement or Omissions. No representation or warranty made by the Seller in this Agreement or in any document or agreement furnished in connection with this Agreement contains or will contain any untrue statement of material fact, or omits or will omit to state a material fact necessary to make the statements not misleading. 2.4 No Default. The Seller is not in default under the terms of any contract, agreement, lease or license, and no condition or event has occurred which, after notice, the passage of time, or otherwise, would constitute a default under or breach of any such terms. The Seller is not aware of any condition that will result in a default under any such terms. 2.5 Compliance with Laws. The Seller has complied in all material respects with all laws, regulations, and orders affecting the Property and the operation of the sanitary sewer lift station and is not in default under or in violation of any provision of any federal, state, local or provincial order, rule, regulation or law. PURCHASE AND SALE AGREEMENT - 2 • 2.6 No Litigation. There is no equitable, legal, or administrative suit, action, arbitration, or other proceedings pending or threatened against or affecting the Seller or the Property. 2.7 Broker Fees. Except as disclosed in writing to the Buyer prior to Closing, the Seller is not obligated to pay any fee or commission to any broker, finder, or intermediary for or on account of the transaction contemplated by this Agreement. 3. Hazardous Substances. 3.1 Definitions. The terms "hazardous substance," "release," and "removal" shall have the definition and meaning as set forth in Title 42 U.S.C. 9601 (or the corresponding provision of any future law); provided, however that the term "hazardous substance" shall include "hazardous waste" as defined in Title 42 U.S.C. 6903 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). The term "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. 9601, et seq. (or the corresponding provision of any future law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term "underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. 6991 (or the corresponding provision of any future law). 3.2 Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that: 3.2.1 the Real Property is not contaminated with any hazardous substance, 3.2.2 the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, 3.2.3 the Seller has conducted a diligent investigation and inquiry, and to the best of the Seller's knowledge, there has never occurred a release of hazardous substances on the Real Property, 3.2.4 the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.5 no other real property owned or controlled by the Seller or in which the Seller has any legal, equitable, or other interest is subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from such property, 3.2.6 there is no asbestos on the Real Property, PURCHASE AND SALE AGREEMENT - 3 • 3.2.7 there is no underground storage tank on the Real Property, 3.2.8 by acquiring the Real Property, the Buyer will not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any hazardous substance from the Real Property, 3.2.9 by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property, and 3.2.10 the Real Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. 4. Conditions Precedent to Closing. 4.1 Representations and Warranties True. The representations and warranties of the Seller are true, complete, and accurate as of the date of this Agreement and as of the date of Closing as if made as of such date. 4.2 Covenants Performed. The Seller has performed all obligations, covenants and agreements to be performed prior to Closing as set forth in this Agreement. • 4.3 Title Policy. The Title Company is prepared to issue a policy in accordance with the provisions of Section 1.7. CJ 5. General Provisions. 5.1 Indemnifications and Offsets. Seller agrees to defend, indemnify, and hold Buyer harmless from any and all damages, liabilities, or expense sustained directly or indirectly by Buyer (including, without limitation, attorney fees and costs) resulting from the breach of, or misstatement in, any representation, warranty, or covenant of the Seller, including without limitation, the representations, warranties and covenants set forth in Section 3 relating to hazardous substances. The Seller's obligation to indemnify, defend, and hold the Buyer harmless is not limited in any manner by the cash or other consideration received by the Seller under this Agreement. 5.2 Notices. All notices, claims, requests and other communications ("Notices") under this Agreement (i) shall be in writing, and (ii) shall be addressed or delivered to the relevant address set forth in Section 6 below or at such other address as shall be given in writing by a party to the other. Notices complying with the provisions of this Section shall be deemed to have been delivered (i) upon the date of delivery if delivered in person, or (ii) on the date of the postmark on the return receipt if deposited in the United States Mail, with postage prepaid for certified or registered mail, return receipt requested. PURCHASE AND SALE AGREEMENT - 4 5.3 Attorney Fees and Costs. The Parties agree that if a party is in default under this Agreement, then such party shall pay to the other party (a) reasonable attorney fees and other costs and expenses incurred by the other party after default and referral to an attorney, (b) reasonable attorney fees and other costs and expenses incurred by the other party in any settlement negotiations, and (c) reasonable attorney fees and other costs and expenses incurred by the other party in preparing for and prosecuting any suit or action ("Collection Costs"). Collection Costs shall be immediately due and payable. 5.4 Governing Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 5.5 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. 5.6 Rights Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 5.7 Nonwaiver of Remedies. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and • (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. • 5.8 Successors and Assigns. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, and personal representatives. 5.9 Entire Agreement. All Schedules and Exhibits to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 5.10 Severability. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. 5.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instruments. PURCHASE AND SALE AGREEMENT - 5 • • 5.12 Survival of Representations, Warranties, and Covenants. All representations, warranties, and covenants of the Buyer and Seller set forth in this Agreement shall survive the Closing and shall survive the recording of the Warranty Deed_ 6. Signatures. ATTEST: aycee 014olman, City Clerk Dated: f 1 , 20m PURCHASE AND SALE AGREEMENT - 6 BUYER, CITY OF MERIDIAN Mayor Tamp6jde Weerd 33 East BrZradway, Meridian ID 83642 Or'- BEAL CoUNT'r SELLER, BLACKROCK SUSBDIVISION HOMEOWNERS' ASSOCIATION, INC Lo Bartkowski, President Address: 701 South Allen Street, Suite 104 Meridian, Idaho 83642 0 0 STATE OF IDAHO ) ss County of Ada ) On this 'lam day of Wp ke1C, _ _ , 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Hohnan, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City execut�d the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. **see&* 10 (SEAL} :;� OF - •:a.ee STATE OF IDAHO ) : ss t Public fo aho Re 'ding at: K,,,, a . ! inn Commission expires: Tik 1 County of Ada } On this j� day of , 2009, before me, a Notary Public, personally appeared Lori Bartkowski, know or identified to me to be the President of the Blackrock Subdivision Homeowners' Association, Inc who executed the instrument of behalf of said Corporation, 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 in this certificate first above written. (SEAL) PURCHASE AND SALE AGREEMENT - 7 Notary Public for Idah&w4 Wardell Residing at: Residing at Meridian, Idaho Commission expires: *Sim more& 12-29-2011 - IDAHO SURVEY GROUP Project No. 09-127 EXHIBIT A DESCRIPTION FOR CITY OF MERIDIAN SEWER PARCEL BLACKROCK SUBDIVISION 1450 East Watertower St. Suite 150 Meridian. Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 October 22, 2009 A parcel of land located in Lot 16, Block 1 of Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through 12008, recore:; of Ada County, Idaho located in the NW1/4 of the SEI/4 of Section 32, T.3N., R.1E . B.M., Ada County, Idaho more particularly described as follows: Commencing at the southerly lot comer common to Lots 16 and 23, Block 1 of said Blackrock Subdivision No. 1; thence along the southerly boundary line of said Lot 16 the following 4 courses: 0 thence 40.07 feet along a curve to the left, said curve having a radius of 200.00 feet, a central angle of 11028'42" and a long chord of 40.00 feet which bears North 37040'48° East to a point of reverse curve; thence along said reverse curve 40.07 feet, said curve having a radius of 200.00 feet, a central angle of 11028'42" and a long chord of 40.00 feet which bears North 37°40'48" East to the point of tangency; thence North 43025'09" East, 64.00 feet to the beginning of a curve to the right; thence along said curve 40.07 feet, said curve having a radius of 200.00 feet, a central angle of 11 028'42" and a long . chord of 40.00 feet which bears North 49009'30" East to a'/" iron pin marking the REAL POINT OF BEGINNING; thence leaving said southerly boundary line North 46°34'51" West, 108.79 feet to a '/" iron pin; thence North 43025'09" East, 82.00 feet to a Y2" iron pin; thence South 46034'51" East, 112.79 to a Y" iron pin on the southerly boundary line of said Lot 16; thence along the southerly boundary line of said Lot 16 the following 2 courses: thence South 43025'09" West, 42.20 feet to a 1/" iron pin markingthe beginning 9 9 of a curve to the left; SASG Projects\131ack Rock Sewer Easement (09-127)WocumentakBlackrock Sewer Desc.doc thence along said curve 40.07 feet, said curve having a radius of 200.00 feet, a central angle of 11028'42" and a long chord of 40.00 feet which bears South 49009'30" West to the REAL POINT OF BEGINNING, containing 9,196 square feet, more or less. 0 • • Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. S:MSG ProjectslBlack Rock Sewer Easement (08-127)XDocuments\Blackrock Sewer Desc.doc 94 %1 t'ao !Ia EM- P a � � - QitlY6101 � b- � ,yc'aac � attLy Abyit i,�G �� I Ore ..1 !o` �J ARM 1 ;/ e �e� 1 o N sets 00 10 al< e� °' A .wippt 0� I ! 11 U f Q Q Iej��� f N ^ II O Ij P7t >�L` ♦ \\ M M i , P o �1 .I �r e e it m HillIts R , t � �_ ��� t �^ N n � a a� II s �����qp@p@pe���''' AyAj�`~J(1 �I r —,Ly�LLTI�,"sLl,£4.00N ••• �— -.—,f�'itCl A1.ZIAI.�Nr 1 • • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO. City Clerk City of Meridian 33 East Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOISE IDAHO 12114109 10:9 AM RECORDED—REQUEST OFA III I�II'IIIII'lII"I�I'IIIII'�II'I III Meridian CiV 109138590 WARRANTY DEED (Space Above For Recorder's Use) For good and valuable consideration, the receipt of which is hereby acknowledged, Blackrock Subdivision Homeowners' Association, Inc ("Grantor'), conveys, grants and warrants to The City of Meridian, an Idaho Municipal Corporation ("Grantee"), whose address is 33 East Broadway Avenue, Meridian, Idaho 83642 and its successors and assigns forever, the following described real property: See Exhibit "A" attached hereto and incorporated herein. SUBJECT TO taxes and assessments for the year 2009 and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will wan -ant and defend the same from all lawful claims. WARRANTY DEED -1 • IN WITNESS WHEREOF, the Grantor has executed this instrument on this y of October, 2009 GRANTOR BLACKROCK SUBDIVISION HOMEOWNERS' ASSOCIATION, INC one i� mm 01 Lori Bartkowski, President STATE OF IDAHO ) ss. County of Ada ) On this qday of ot4 bt,+,- , 2009, before me Q -tel , personally appeared Lori Bartkowski, known or identified to me to be the President of the Blackrock Subdivision Homeowners' Association, Inc, the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereon t my hand and allx .. my official seal the day and year in this certificate first above written. ••.••••'•'�'•���f NO Y UBLIC FOR IDAHO NOT at • ` 9,p $ .� • � My Commission Expires • et c per; Nampa' two a �. 041 % 10f2812 •''•.F 1AAt1Q��� WARRANTY DEED - 2 IDAHO SURVEY `T. GROUP Project No. 09-127 EXHIBIT A DESCRIPTION FOR CITY OF MERIDIAN SEWER PARCEL BLACKROCK SUBDIVISION 1450 East Watertower St. Suite 154 Meridian. Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 October 22, 2009 A parcel of land located in Lot 16, Block 1 of Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through 12008, recores of Ada County, Idaho located in the NW1/4 of the SE1/4 of Section 32, T.3N., R.1 E , B.M., Ada County, Idaho more particularly described as follows: Commencing at the southerly lot comer common to Lots 16 and 23, Block 1 of said Blackrock Subdivision No. 1; _ thence along the southerly boundary line of said Lot 16 the following 4 courses: thence 40.07 feet along a curve to the left, said curve having a radius of 200.00 feet, a central angle of 11028'42" and a long chord of 40.00 feet which bears North 37°40'48° East to a point of reverse curve; thence along said reverse curve 40.07 feet, said curve having a radius of 200.00 feet, a central angle of 1102842" and a long chord of 40.00 feet which bears North 37°40'48" East to the point of tangency; thence North 43025'09" East, 64.00 feet to the beginning of a curve to the right; thence along said curve 40.07 feet, said curve having a radius of 200.00 feet, a central angle of 11028'42" and a long chord of 40.00 feet which bears North 49°09'30" East to a %" iron pin marking the REAL POINT OF BEGINNING; thence leaving said southerly boundary line North 46034'51" West, 108.79 feet to a'/" iron pin; thence North 43°25'09" East, 82.00 feet to a Y" iron pin; thence South 46°34'51" East, 112.79 to a '/" iron pin on the southerly boundary line of said Lot 16; thence along the southerly boundary line of said Lot 16 the following 2 courses: thence South 43°25'09" West, 42.20 feet to a %" iron pin marking the beginning of a curve to the left; S:USG Projects0ack Rock Sewer Easement (09-927)1DocumentsOackrock Sewer Desc.doc • • thence along said curve 40.07 feet, said curve having a radius of 200.00 feet, a central angle of 11 02842 and a long chord of 40.00 feet which bears South 49009'30" West to the REAL POINT OF BEGINNING, containing 9,196 square feet, more or less. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. SAISG Projects0ack Rock Sewer Easement (09-127)\DocumentsM3lackrock Sewer Desc.doc • • MERIDIAN CITY COUNCIL MEETING October 6, 2009 SCANNED APPLICANT ITEM NO. 60 REQUEST License Agreement with Nampa and Meridian Irrigation District for Split Corridor Irrigation Pump Station AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PW DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See Attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1 M. CHARTERED LAWYERS rlaura E. Rum Adam S. Christcnum IeRiey R. Christenson David P. Clailxmae S_ Rrvice Farris Jon C. Gould David Hammeryuist Charles L. Honsinger " James 1.. Kaufman September 14, 2009 Jennifer Reid Mahonev James G. Reid Daniel V. Steenson Elroy Huff City of Meridian Department of Parks & Recreation 33 E. Broadway Meridian, Idaho 83642 Re: Request for License Agreement with Nampa & Meridian Irrigation District Dear Mr. Huff: Enclosed for review and signature is the original ofthe above -referenced License Agreement • you requested on behalf of the City of Meridian. The License Agreement must be signed and notarized as indicated. Do not date page one of the License Agreement. If the original is executed and returned tome by September 30, 2009, I will be able to submit the license agreement to the District's Board of Directors for approval and signature at the Board's next meeting on October 6, 2009. The District will have the original recorded and I will return a copy to you. Please contact me if you have any questions or comments regarding this matter. SBF:kw Enclosure CJ Yours very truly, S. Bryce Farris 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 ` also tnscd in OR .vwtv.r i n g e r t I a w.com " also licensed in CO ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12 BOISE IDAHO 10l2 O 02:43 PM DEPUTY Bonnie Oberbillig ,II I'IIIIIIII'I�'ll'III'lII'III III'll RECORDED -REQUEST OF 109120498 Nampa Meridian Irrigation Dist LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this AG day of Geta , 2009, by and among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under 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/easement and/or right of way for a water line and pump station (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 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 terms 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, for and in consideration of the premises 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 easement 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. • 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner 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 the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement 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 constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such 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 District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to 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 affecting 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 District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim ol'any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made 0 LICENSE AGREEMENT - Page 2 • against the District arising out of or relating to the ternis of this paragraph except for claims arising solely out of the negligence of the District. 8. 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 agreement, shall be construed or asserted to extend the application ofany statute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, 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 agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, 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 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/or expense ( including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement 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. construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit 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, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree 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, nor to grant any rights 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. 0 LICENSE AGREEMENT- Page 3 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 of said 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 terms 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 terms and conditions of this 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 remain 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, all 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. -'� NAMPA & MERIDIAN IRRIGATION DISTRICT OMC1 L Q L By Its President ATTEST: "" Its ecretary LICENSE AGREEMENT - Page 4 ATTEST: STATE OF IDAHO ) ss: County of Canyon CITY OF MERIDIAN By_ �u•�i1!lIh// . G�� ON ORP ���`���i��''% BEAL = 7Gc�sr tsc • ��o� O On this 4RO _ day of Cktt— , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Clinton C. Pline and Daren R. Coon, known to me 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, I have hereunto set my hand and affixed my official seal, the day and year in this certificate se�e� ��1� �;emo;�e C'p • a v-0 1141- °® n $ UBL\�' e� i oo eo 00� ®eeeee•oo®®o �O OF STATE OF IDAHO County of Ada )ss. ss _ In, Coe Notary Public for Idaho 'k 4 Residing at , Idaho m My Commission Expires: 20%2- ft w On this 1144—day of Qc4ri 6.2 , 2009, before me, the undersigned, a notary public in and for said state, personally appeared ,� �a « 161 m ix ., and- T&%.Mew dg W uxfl , known to me to be the CjM r (R,g iL and A a --0 respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed 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 above written. 6 0009000 ON JOR-0 G � 6 o o o o O e LICENSE AGR'�1iT - Page ry Public Residing at Xuna , IdA.1„o My Commission Expires: Jan 4 EXHIBIT A Legal Description A right-of-way/easement for a 12" water line and pump station more particularly described as attached Exhibit A-1. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and approve Licensee to construct, install, and maintain a 12 inch water line and a pump station within the District's easement for the Eight Mile Lateral, located south east of the intersection of Main Street and Franklin Road, all within Licensee's right-of- way/easement described in Exhibit A, in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Eight Mile Drain or the District's easement. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of two sheets. all of which are attached hereto as Exhibit D-1 and by this reference incorporated herein. b. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. .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 harmless, indemnify and defend the District from 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. C. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, 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 or that may be 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 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 solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. 0 LICENSE AGREEMENT - Page 6 . e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's discharge 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 but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or imp] ied, to regulate control, or prohibit the discharge or contribution ofpollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. 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 Eight Mile Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. h. Licensee acknowledges and confirms that the District's easements for the Eight Mile Lateral include a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Eight Mile Lateral, and to access the Eight Mile Lateral for said purposes and is a minimum of 80 feet, 40 feet to either side of the centerline for the Eight Mile Lateral. • i. All construction shall be completed within one year of the date of this Agreement. Time is of the essence. 0 LICENSE AGREEMENT - Page 7 • �J 1] IRRIGATION EASENIENT DESCRIPTION FOR THE CITY OF MERIDIAN An easement for irrigation purposes located in the NW % of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said NW '/ from which a brass cap monument marking the northwesterly corner of said NW % bears N 0°48'48" E a distance of 2654.31 feet: Thence N 0°48'48" E along the westerly boundary of said NW % a distance of 1387.91 feet to a point; Thence leaving said westerly boundary S 89°11'12" E a distance of 549.71 feet to the POINT OF BEGINNING; Thence N 89'55'16" E a distance of 15.00 feet to a point; Thence S 1'15'51 " W a distance of 25.00 feet to a point; Thence S 89'55'16" W a distance of 15.00 feet to a point on the easterly right-of-way of Main Street; Thence N 1°15'51" E along said easterly right-of-way a distance of 25.00 feet to the POINT OF BEGINNING. This parcel contains 0.09 acres (375 square feet) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Inc. June 23, 2009 REVI ROVAI. BY JUN 24 2009 MERIDIAN PUBLIC WORKS DEPT. Exhibit A-1, page 1 10 • SKETCH TO ACCOMPANY IRRIGATION EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NW 114 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO. 7 f3 18 POW OF ti Bf -GINNING 114 f71 1'12 F N 89'55'16' E NORTHERLY BOUNDARY OF 549.71' aniMILEL4 m?K--asu.-AF IRRIG427OAf !9 L4SEMEAT 375 SO. FT 15.00' S 89'55'16' IF L70W MILE M MR& A REVIE,,� OVAL --------------- BY JUN 24 2009 MERIMAN PUBLIC WORKS DEPT. Exhibit A-1, page 2 MP'QTnTAKI onnn Q C7 EX STING IR IGATION B❑ NEI/ IRRIGATION Box —BANK EDGE W Z J W F- 3 w ¢ Li W LL. f/=1 Q 3 cu ra w a N � 1 SPLIT CORRIDOR PUMP STATION SCALE r - 10' 0 10 20 30 40 0z 1 i SCALE IN FEET Exhibit D-1, page 1 0 • SCANNED MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6P REQUEST Beer/Wine/Liquor Location Transfer from Dupas Boomers to Muggsys, Location of 501 S. Main St. Meridian, ID 83642 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY PW DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See Attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. BEER/WINE/LIQUOR TRANSFER OF LOCATION LICENSE APPLICATION • INTERNAL APPROVAL CHECKLIST /6 ?d � CL For Internal - Office Use Only: L VT • 0 Applicant: Mike McGuinness Business Name: from Dupas Boomers to Muggsy's Location: 501 S. Main St. Meridian Idaho 83642 License Type: [X] Beer [X] Wine © Liquor •- (wine included) Application/ File Fee: Owner Transfer Beer $50.00 & Liquor $50.00 = $100.00 Receipt No. 16841 Police Department: Police Chief Approval: Fire Department: Fire Chief Approval: Signature Signature Date Date Planning Department: Planning Director Approval:�t� Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the October 6th, 2009 City Council Agenda. THANK YOU. • BEERMINE/LIQUOR TRANSFER OF LOCATION LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST t` For Internal - Office Use Only: L �T 0 0 Applicant: Mike McGuinness Business Name: from Dupas Boomers to Muaasv's Location: 501 S. Main St. Meridian Idaho 83642 License Type: [X] Beer [X] Wine o Liquor - (wine Included) Application / File Fee: Owner Transfer Beer $50.00 & Liquor $50.00 = $100.00 Receipt No. 16841 Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Planning Department: Signature A?ppVV4 GdDate Planning Director Approval: f � ol Signature ate Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the October 6th, 2009 City Council Agenda. THANK YOU. SCANNED MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT pp ITEM NO. 6Q REQUEST Resolution No. 6 03 Final Acceptance of "Origin" and Alcove Art in Lobby of Meridian City Hall 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: n CITY SEWER DEPT: V CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: • Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN • BY THE CITY COUNCIL: RESOLUTION NO. 09—/43 BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN SIGNIFYING FINAL ACCEPTANCE OF "ORIGIN" AND WALL ART INSTALLATION FROM REFINERII, LLC, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, with financial support from the City of Meridian and numerous donors, including major financial support in the form of a Public Art and Cultural Facilities Grant from the Idaho Commission on the Arts, and the leadership of the Meridian Arts Commission, J. Amber Conger, for Refinerii, LLC ("Artist") created, and installed at Meridian City Hall, two public art pieces for the City and people of Meridian: a metal and glass sculpture suspended over the main lobby of Meridian City Hall, entitled "Origin," and a metal and glass installation attached to the wall within the alcove leading into City Council Chambers; WHEREAS, both of these art pieces have been inspected and accepted by City, and the fabrication and installation of "Origin" has been found to be compliant with the Structural Design Calculations, attached hereto as Exhibit A; WHEREAS, pursuant to the Agreement For Professional Services/Meridian City Hall Artwork executed by the Parties on February 3, 2009 ("February 3, 2009 Agreement"), Artist submitted a Maintenance Plan for the art pieces, attached hereto as Exhibit B; submitted the schematics for operation of the winch and hoist system by which "Origin" is suspended, attached hereto as Exhibit C; and executed • the Indemnification Agreement attached hereto as Exhibit D, and no waivers of interest in the art pieces will be required by City; WHEREAS, by these actions and submissions Artist did timely execute Final Completion as that term is defined by the February 3, 2009 Professional Services Agreement, and "Origin," and the alcove installation were dedicated to the people of the City of Meridian on May 19, 2009; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian hereby accepts the delivery of "Origin" and the alcove installation as designed, created, and installed by Artist, and by this instrument the City conveys its Final Acceptance of these pieces, as that term is defined by the February 3, 2009 Agreement. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this b day of October, 2009. APPROVED by the Mayor of the City,of Orr APPROVED: Mayor TA46h de Weerd /off ; fan, Idaho, this W ' day of October, 2009. SEAQ, a CbUN-N , a 11111111111111100 0 FINAL ACCEPTANCE MERIDIAN CITY HALL PUBLIC ART PROJECT ExHIBIT A • 0 • STRUCTURAL DESIGN CALCULATIONS I MAIN ENTRY SCULPTURE MERIDIAN CITY HALL 33 E. BROADWAY AVE. My I of li 1 II•me us] • r • Prepared By: Dana M. Hennis, S.E. 3505 S. Locust Grove Rd. Kimn in RRFRd • • Meridian City Hall Date and Time: 3/4/2009 3:44:08 PM MCE Ground Motion - Conterminous 48 States Zip Code - 83642 , Central Latitude = 43.614721 Central Longitude = -116.416541 Period MCE Sa (sec) (%g) 0.2 032.8 MCE Value of Ss, Site Class B 1.0 010.0 MCE Value of S1, Site Class B Spectral Parameters for Site Class D 0.2 050.5 Sa = FaSs, Fa = 1.54 1.0 024.0 Sa = FvS 1, Fv = 2.40 0 0 PROJECT NOTES is • 1� f, Project Title Locatlon—� Present 0 0111" 3rk° q qv 605 00��4 1 (1 P tzt) 16Y# 331 W ClIeNO + 1 53) 315 �="5k,56 :�-515 I-L�, Co�Tto�a s Notes by: �7FC 11*- ll*; -- H 5560 Project Date Page 4 of • • P� .4e, Project Title 6" t►if-L. e mn- .. V, PROJECT NOTES Project No. Location Date Present Notes by: Page_2 of LJ PROJECT NOTES I = -70 1 [L, a Project Title Project N . 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K-3507 Description: Typical purlin Material Properties Calculations per IBC 2006, CBC 2007,13th AISC Analysis Method Beam Bracing: Beam is Fully Braced against lateral -torsion buckling by attac Load Combination 2006 IBC & ASCE 7-05 ` = ` " ' :` -" ' ` =" `• Fy : Steel Yield: ksi E: Modulus: ksi Composite Beam Section Data Beam is UNSHORED for Concrete Placement Total Slab Thickness 4.0 in Concrete fc 3.0 ksi Stud Diameter 3/4" in Effective Width 7.50 ft Concrete Density 145.0 pd On: Stud Capacity 11.0k Metal Deck... Rib Height 2.0 in Top Width 5.0 in Ribs: Perpendicular Rib Spacing 12.0 in Btm Width 5.0 in W14X26 AOL Applied Loads 0.295 in Service loads entered. Load Factors will be applied for calculations. Load for Span Number 1 Live Load Deflection Ratio 1097 Max Downward Total Deflection Uniform Load: D = 0.60, L = 0.3750 k/ft, Tributary Width =1.0 ft, Applied after curing Max Upward Total Deflection DESIGN SUMMARY Total Deflection Ratio 1097 - • Maximum Bending Stress Ratio = 0.545:1 Maximum Shear Stress Ratio = _ 0.124 : 1 Section used for this span W14X26 Section used for this span W14X26 Percent Composite Action 50% Vu: Applied 13.1625 k Construction After Curing Vn/Omega : Allowable 106.123 k Mu: Applied 0.0 88.8429 k -ft Load Combination DL on SUBm Before Curing Mn / Omega: Allowable 100.299 163.070 k -ft Location of maximum on span 0.0 ft Load Combination After Curing : +D+L+H Span # where maximum occurs Span # 1 P Location of maximum on span 13.4094ft Span # where maximum occurs Span # 1 Maximum Deflection Max Downward L+Lr+S Deflection 0.295 in Max Upward L+Lr+S Deflection 0.000 in Live Load Deflection Ratio 1097 Max Downward Total Deflection 0.295 in Max Upward Total Deflection 0.000 in Total Deflection Ratio 1097 Shear Stud Reauirements From Support 1 (a) to 26.82 it use 18 studs. From 26.82 ft to support 2 use 18 studs. Maximum Forces & Stresses for Load Combinations Load Comb & Design Length Max Stress Ratios Bending Summary Shear Summary Span # M V Ma -Const MnStl/ Omega Ma-NonConst MnTr/ Omega Va Vn / Omega Span L = 27 ft 1 0.545 0.124 100.30 88.84 163.07 13.16 106.12 on SUBm Before Curing Span L=27ft 1 DL on StlBm After Curing Span L = 27 It 1 After Curing : +D Span L = 27 ft 1 0.335 0.076 100.30 54.67 163.07 8.10 106.12 After Curing: +D+L+H Span L = 27 It 1 0.545 0.124 100.30 88.84 163.07 13.16 106.12 Printed: 26 MAR 2(169, 1:22PM Steel Beam Design File: cme :W= nts and %tdrQs`dhermisWy 13muments"ERCALC Data FtiesWsc framing.ec6 g ENERCALC, INC 11&2008, Ver. 6.0.20, N:35487 Description: Typical pudin Load Comb & Design Length Max Stress Ratios Bending Summary Shear Summary Span # M V Ma -Const MnStl / Omega Ma-NonConst MnTr / Omega Va Vn / Omega After Curing : +D+Lr+H Load Combination 99.0 Span Span L = 27 ft 1 0.335 0.076 100.30 54.67 163.07 8.10 106.12 After Curing : +D+0.750Lr+0.750L+H Ixx - Used DL on Steel Alone BEFORE Curing Upward Span L = 27 It 1 0.492 0.112 100.30 80.30 163.07 11.90 106.12 Maximum Deflections for Load Combinations - Unfactored Loads PNA in Flange 100.0 13.900 Location Dead Load Dell Dead Load Dell Const Loads Non -Dead Total 638.2 Load Combination 99.0 Span in Span Before Curing After Curing Net Dell Load Defi Deflection Ixx - Used DL on Steel Alone BEFORE Curing Upward 1 27.000 0.0000 0.000 0.000 0.000 0.000 245.00 DL on Steel Alone BEFORE Curing Downward 1 27.000 0.0000 0.000 0.000 0.000 0.000 245.00 DL on Steel Alone AFTER Curing Upward 1 27.000 0.0000 0.000 0.000 0.000 0.000 245.00 DL on Steel Alone AFTER Curing Downward 1 27.000 0.0000 0.000 0.000 0.000 0.000 245.00 After Curing : D after +Lr+L+S Upward 1 13.591 0.0000 0.000 0.000 0.295 0.295 529.29 After Curing : D after +Lr+L+S Downward 1 0.000 0.0000 0.000 0.000 0.000 0.000 529.29 After Curing : D after + D + Lr + L Upward 1 13.591 0.0000 0.000 0.000 0.295 0.295 529.29 After Curing : D after +D+Lr+L Downward 1 0.000 010000 0.000 0.000 0.000 0.000 529.29 After Curing : D after +D +L +S Upward 1 13.591 0.0000 0.000 0.000 0.295 0.295 529.29 After Curing : D after + D + L + S Downward 1 0.000 0.0000 0.000 0.000 0.000 0.000 529.29 After Curing :Dafter +D+L+W Upward 1 13.591 0.0000 0.000 0.000 0.295 0.295 529.29 After Curing :Dafter +D+L+W Downward 1 0.000 0.0000 0.000 0.000 0.000 0.000 529.29 After Curing :Dafter +D+L+S Upward 1 13.591 0.0000 0.000 0.000 0.295 0.295 529.29 After Curing : D after + D + L + S Downward 1 0.000 0.0000 0.000 0.000 0.000 0.000 529.29 After Curing :Dafter +D+L+S Upward 1 13.591 0.0000 0.000 0.000 0.295 0.295 529.29 After Curing :Dafter +D+L+S Downward 1 0.000 0.0000 0.000 0.000 0.000 0.000 529.29 qWflaximum Vertical Reactions - Unfactored Support notation : Far left is #1 Load Combination Support 1 Support 2 Overall MAXImum 5.063 5.063 DL Applied Before Curing Lr+L+S 5.063 5.063 (DbcDac)+Lr+L 5.063 5.063 (Dbc-Dac) + L + S 5.063 5.063 (Dbc-Dac) + L + W + S/2 5.063 5.063 (Dbc-Dac) + L +S +W/2 5.063 5.063 (Dbc-Dac) + L + S + E/1.4 5.063 5.063 Steel Section Properties : W14X26 Depth = 13.900 In I xx = 245.00 inA4 I yy = 8.910 W4 Web Thick = 0.255 in S xx = 35.30 in"3 S yy = 3.550 in"3 Flange Width = 5.030 in R xx = 5.650 in R yy = 1.080 in Flange Thick = 0.420 in Zx = 40.200 in"3 Zy = 5.540 in"3 Area = 7.690 in"2 J = 0.358 in"4 Weight = 26.177 pif Composite Section Properties Span Number Analysis % Shear Plastic N.A. Sum On # Studs per Mn - Capacity Moment of Inertia Plastic N. A. Location Type Connection from Bottom Shear (k) 112 Span k -ft [-Steel I -Trans I-Lwr Bound PNA in Flange 100.0 13.900 384.500 35 318.08 245.0 798.2 638.2 PNA in Flange 99.0 13.892 380.655 35 317.35 245.0 798.2 636.9 PNA in Flange 98.0 13.885 376.810 35 316.62 245.0 798.2 635.5 PNA in Flange 97.0 13.877 372.965 34 315.87 245.0 798.2 634.1 PNA in Flange 96.0 13.869 369.120 34 315.12 245.0 798.2 632.7 PNA in Flange 95.0 13.862 365.275 34 314.36 245.0 798.2 631.3 PNA in Flange 94.0 13.854 361.430 33 313.59 245.0 798.2 629.8 PNA in Flange 93.0 13.846 357.585 33 312.82 245.0 798.2 628.3 in Flange 92.0 13.839 353.740 33 312.03 245.0 798.2 626.8 •PNA PNA in Flange 91.0 13.831 349.895 32 311.24 245.0 798.2 625.3 PNA in Flange 90.0 13.824 346.050 32 310.45 245.0 798.2 623.7 PNA in Flange 89.0 13.816 342.205 32 309.64 245.0 798.2 622.1 PNA in Flange 88.0 13.808 338.360 31 308.83 245.0 798.2 620.4 PNA in Flange 87.0 13.801 334.515 31 308.01 245.0 798.2 618.8 PNA in Flange 86.0 13.793 330.670 31 307.18 245.0 798.2 617.1 PNA in Flange 85.0 13.785 326.825 30 306.34 245.0 798.2 615.3 PNA in Flange 84.0 13.778 322.980 30 305.50 245.0 798.2 613.6 PNA in Flange 83.0 13.770 319.135 30 304.65 245.0 798.2 611. Printed: 26 MAR 2009, 1:22PM om osite Steel Beam Design Fde: c:lDomments and Settingsk1hennisNy DocumentslENERCALC Data FaesWscframing.ec6 p 9 ENERCALC, INC. 196&2006, Ver. 6.0.20, N:35487. Description : Typical pudin Composite Section Properties Span Number Analysis % Shear Plastic N.A. Sum Qn # Studs per Mn - Capacity Moment of Inertia Plastic N. A. Location Type Connection from Bottom Shear (k) 1/2 Span k -ft I -Steel I -Trans I-Lwr Bound PNA in Flange 82.0 13.762 315.290 29 303.79 245.0 798.2 609.9 PNA in Flange 81.0 13.755 311.445 29 302.92 245.0 798.2 608.1 PNA in Flange 80.0 13.747 307.600 28 302.05 245.0 798.2 606.2 PNA in Flange 79.0 13.739 303.755 28 301.17 245.0 798.2 604.2 PNA in Flange 78.0 13.732 299.910 28 300.28 245.0 798.2 602.3 PNA in Flange 77.0 13.724 296.065 27 299.38 245.0 798.2 600.3 PNA in Flange 76.0 13.717 292.220 27 298.48 245.0 798.2 598.2 PNA in Flange 75.0 13.709 288.375 27 297.56 245.0 798.2 596.1 PNA in Flange 74.0 13.701 284.530 26 296.64 245.0 798.2 594.0 PNA in Flange 73.0 13.694 280.685 26 295.72 245.0 798.2 591.8 PNA in Flange 72.0 13.686 276.840 26 294.78 245.0 798.2 589.6 PNA in Flange 71.0 13.678 272.995 25 293.84 245.0 798.2 587.4 PNA in Flange 70.0 13.671 269.150 25 292.89 245.0 798.2 585.1 PNA in Flange 69.0 13.663 265.305 25 291.93 245.0 798.2 582.8 PNA in Flange 68.0 13.655 261.460 24 290.97 245.0 798.2 580.4 PNA in Flange 67.0 13.648 257.615 24 290.00 245.0 798.2 578.0 PNA In Flange 6S!) 13.640 253.770 24 289.02 245.0 798.2 575.5 PNA in Flange 65.0 13.632 249.925 23 288.03 245.0 798.2 573.0 PNA in Flange 64.0 13.625 246.080 23 287.04 245.0 798.2 570.5 PNA in Flange 63.0 13.617 242.235 23 286.03 245.0 798.2 567.9 PNA in Flange 62.0 13.610 238.390 22 285.02 245.0 798.2 565.2 PNA in Flange 61.0 13.602 234.545 22 284.01 245.0 798.2 562.5 PNA in Flange 60.0 13.594 230.700 21 282.98 245.0 798.2 559.8 PNA in Flange 59.0 13.587 226.855 21 281.95 245.0 798.2 557.0 PNA in Flange 58.0 13.579 223.010 21 280.91 245.0 798.2 554.1 PNA in Flange 57.0 13.571 219.165 20 279.86 245.0 798.2 551.2 PNA in Flange 56.0 13.564 215.320 20 278.81 245.0 798.2 548.2 PNA in Flange 55.0 13.556 211.475 20 277.75 245.0 798.2 545.2 PNA In Flange 54.0 13.548 207.630 19 276.68 245.0 798.2 542.2 PNA In Flange 53.0 13.541 203.785 19 275.60 245.0 798.2 539.0 PNA in Flange 52.0 13.533 199.940 19 274.52 245.0 798.2 535.8 PNA in Flange 51.0 13.525 196.095 18 273.43 245.0 798.2 532.6 PNA in Flange 50.0 13.518 192.250 18 272.33 245.0 798.2 529.3 PNA in Flange 49.0 13.510 188.405 18 271.22 245.0 798.2 525.9 PNA In Flange 48.0 13.503 184.560 17 270.11 245.0 798.2 522.5 PNA in Flange 47.0 13.495 180.715 17 268.99 245.0 798.2 519.0 PNA in Flange 46.0 13.487 176.870 17 267.86 245.0 798.2 515.4 PNA in Web 45.0 13.472 173.025 16 271.25 245.0 798.2 511.8 PNA in Web 44.0 13.321 169.180 16 270.46 245.0 798.2 508.1 PNA in Web 43.0 13.170 165.335 16 269.61 245.0 798.2 504.3 PNA in Web 42.0 13.019 161.490 15 268.72 245.0 798.2 500.5 PNA in Web 41.0 12.868 157.645 15 267.78 245.0 798.2 496.6 PNA in Web 40.0 12.718 153.800 14 266.79 245.0 798.2 492.6 PNA in Web 39.0 12.567 149.955 14 265.75 245.0 798.2 488.5 PNA In Web 38.0 12.416 146.110 14 264.66 245.0 798.2 484A PNA in Web 37.0 12.265 142.265 13 263.51 245.0 798.2 480.1 PNA in Web 36.0 12.115 138.420 13 262.32 245.0 798.2 475.8 PNA in Web 35.0 11.964 134.575 13 261.07 245.0 798.2 471.4 PNA in Web 34.0 11.813 130.730 12 259.77 245.0 798.2 466.9 PNA in Web 33.0 11.662 126.885 12 258.41 245.0 798.2 462.4 PNA in Web 32.0 11.511 123.040 12 257.00 245.0 798.2 457.7 PNA in Web 31.0 11.361 119.195 11 255.54 245.0 798.2 453.0 PNA in Web 30.0 11.210 115.350 11 254.02 245.0 798.2 448.1 PNA in Web 29.0 11.059 111.505 11 252.44 245.0 798.2 443.2 PNA in Web 28.0 10.908 107.660 10 250.81 245.0 798.2 438.2 PNA In Web 27.0 10.757 103.815 10 249.12 245.10 798.2 433.0 PNA in Web 26.0 10.607 99.970 10 247.38 245.0 798.2 427.8 PNA in Web 25.0 10.456 96.125 9 245.57 245.0 798.2 422.4 CSHQA Engineers C.W. Moore Plaza . 250 South 5th Sreet Boise, ID 83702 Steel Beam Design KW -06003638 Description: Pudin w/o composite action Material Properties Analysis Method: Allowable Stress Design Beam Bracing: Beam is Fully Braced against lateral -torsion buckling Bending Axis: Major Axis Bending Load Combination 2006 IBC & ASCE 7-05 Title: Job # Dsgnr: Project Desc.: Project Notes: Printed: 26 MAR 2009, 1:25PM Rle: aMocuments and SellingsldhenniAMy Document XENERCALC Data Fli estmisc fiaming.ec6 ENERCALC, INC. 1983-2008, Ver. 6.0.20, N:35487 W14X26 Calculations per IBC 2006, CBC 2007,13th AISC Fy : Steel Yield: 50.0 ksi E: Modulus: 29,000.0 ksi Applied Loads Span Service loads entered. Load Factors will be applied for calculations. Load for Span Number 1 Summary of Moment Values Max. °+ Dell Location in Span Summary of Shear Values Uniform Load : D = 0.60, L = 0.3750 klft, Tributary Width =1.0 ft Span # M DESIGN SUMMARY Mmax + Mmax - Ma - Max ' ' • Maximum Bending Stress Ratio = 0.886: 1 Maximum Shear Stress Ratio Overall MAXimum Envelope Stiction used for this span W14X26 Section used for this span W14X26 Mu: Applied 88.843 k -ft Vu: Applied 13.1625 k Mn / Omega: Allowable 100.299 k -ft Vn/Omega : Allowable 70.890 k Load Combination +D+L+H Load Combination +D+L+H Location of maximum on span 13.591 ft Location of maximum on span 0.000 ft Span # where maximum occurs Span # 1 Span # where maximum occurs Span # 1 Maximum Deflection 13.591 0.0000 0.000 Max Downward L+Lr+S Deflection 0.638 in Max Upward L+Lr+S Deflection 0.000 in 0.545 0.114 Live Load Deflection Ratio 507 167.50 100.30 Max Downward Total Deflection 1.659 in 106.34 70.89 +D+L+H Max Upward Total Deflection 0.000 in Total Deflection Ratio 195 Maximum Forces & Stresses for Load Combinations Load Combination Span Max Stress Ratios Location in Span Load Combination Summary of Moment Values Max. °+ Dell Location in Span Summary of Shear Values Segment Length Span # M V Mmax + Mmax - Ma - Max Mnx Omega'Mnx Cb Rm Va Max Vnx Omega'Vnx Overall MAXimum Envelope Max. Dowmvard Dell Location in Span Max. Upward Defl Location in Span D Only 1 1.0207 13.591 0.0000 0.000 Dsgn. L = 27.00 It 1 0.886 0.186 88.84 88.84 167.50 100.30 1.00 1.00 13.16 106.34 70.89 +D D+L+Lr+S 1 1.6586 13.591 0.0000 0.000 Maximum Vertical Reactions - Unfactored Dsgn. L = 27.00 ft 1 0.545 0.114 54.67 54.67 167.50 100.30 1.00 1.00 8.10 106.34 70.89 +D+L+H Dsgn. L = 27.00 It 1 0.886 0.186 88.84 88.84 167.50 100.30 1.00 1.00 13.16 106.34 70.89 +D+Lr+H Dsgn. L = 27.00 ft 1 0.545 0.114 54.67 54.67 167.50 100.30 1.00 1.00 8.10 106.34 70.89 +D+0.750Lr+0.750L+H Dsgn. L = 27.00 It 1 0.801 0.168 80.30 80.30 167.50 100.30 1.00 1.00 11.90 106.34 ' 70.89 Overall Maximum Deflections - Unfactored Loads Load Combination Span Max =' Defl Location in Span Load Combination Max. °+ Dell Location in Span D+L+L.r+S 1 1.6586 13.591 0.0000 0.000 Maximum Deflections for Load Combinations - Unfactored Loads Load Combination Span Max. Dowmvard Dell Location in Span Max. Upward Defl Location in Span D Only 1 1.0207 13.591 0.0000 0.000 L Only 1 0.6379 13.591 0.0000 0.000 Lr+L+S 1 0.6379 13.591 0.0000 0.000 D+L+Lr+S 1 1.6586 13.591 0.0000 0.000 Maximum Vertical Reactions - Unfactored Support & Load Combinati Support Reaction Support 1, (D+L+Lr+S) 13.163 k CSHQA Engineers C.W. Moore Plaza 250 South 5th Sreet Boise, ID 83702 Steel Beam Design Description : Pudin w/o composite action Vertical Reactions - Unfactored Title: Dsgnr: Project Desc.: Project Notes: Support notation : Far left is #1 Job # Printed 26 MAR 2009, 1:25PM IERCALC Dale Reslrnisc hrrkg ec6 INC. 1983-2008. Ver. 6.0.20. N.35487 Load Combination Support 1 Support 2 Overall MAXimum 13.163 13.163 D Only 8.100 8.100 Lr Only Cw = 405.00 in"6 L Only 5.063 5.063 S Only Lr+L+S 5.063 5.063 W Only E Only = 7.690 in"2 Iyy H Only D+L+Lr+S 13.163 13.163 Steel Section Properties : W14X26 Depth = 13.900 in I roc = 245.00 in"4 J = 0.358 In"4 Web Thick = 0.255 in S xx = 35.30 in"3 Cw = 405.00 in"6 Flange Width = 5.030 in R xx = 5.650 in Flange Thick = 0.420 in Zx = 40.200 in^3 Area = 7.690 in"2 Iyy = 8.910 in"4 Weight = 26.177 plf S yy = 3.550 in"3 Wno = 17.000 in"2 Kdesign = 0.820 in R yy = 1.080 in Sw = 8.950 in"4 K1 = 0.750 in Zy = 5.540 in"3 Qf = 6.760 in"3 its = 1.310 in rT = 1.280 in Qw = 19.700 m"3 Ycg = 6.950 in 0 (D,O 'fit -= Ll Z��-��_ �25.5�� ����c ��t 1 L'L TORSION PROPERTIES W shapes Torsional Warping = Normalized Warping Warping Statical f - 1 Constant Constant � 1/ G -i Constant Moment Moment Qr Qw W. & In.' TORSION PROPERTIES W shapes Torsional Warping Normalized Warping Warping Statical Statical Designation Constant Constant � 1/ G -i Constant Moment Moment Qr Qw W. & In.' In.e In. in .2 In ° in .3 in .3 W 14x53 1.94 2540 58.1 26.7 35.5 17.3 43.6 X48 1.46 2240 63.1 26.5 31.6 15.6 39.2 x43 1.05 1950 69.3 26.2 27.8 13.9 34.8 W 14x38 0.80 1230 63.2 23.0 20.0 11.5 30.7 X34 0.57 1070 69.6 22.8 17.5 10.2 27.3 X30 0.38 887 77.7 22.6 14.7 8.59 23.6 54:1 8:94 -690 '20.1 x22 0.21 314 62.6 16.8 7.02 5.58 16.6 W 12x336 243 57000 24.7 46.4 459 119 301 x305 185 48600 26.1 45.0 403 107 269 X279 143 42000 27.6 44.0 357 96.3 241 X252 108 35800 29.3 42.8 313 86.4 214 x230 83.8 31200 31.1 41.8 279 78.4 193 x210 64.7 27200 33.0 41.0 249 71.1 174 X190 48.8 23600 35.3 40.1 220 64.1 156 X170 35.6 20100 38.3 39.2 192 56.9 137 x 152 25.8 17200 41.5 38.4 168 50.4 121 x 136 18.5 14700 45.3 37.7 146 44.5 107 x 120 12.9 12400 50.0 37.0 126 38.9 93.2 X106 9.13 10700 55.0 36.4 110 34.6 81.9 x96 6.86 9410 59.6 35.9 98.2 31.3 73.6 x87 5.10 8270 64.8 35.5 87.2 28.0 66.0 x79 3.84 7330 70.3 35.2 78.1 25.3 59.5 X72 2.93 6540 76.0 34.9 70.3 22.9 53.9 X65 2.18 5780 82.9 34.5 62.7 20.6 48.4 W 12x58 2.10 3570 66.4 28.9 46.3 18.2 43.2 x53 1.58 3160 72.0 28.7 41.2 16.3 39.0 W 12x50 1.78 1880 52.3 23.3 30.2 14.7 36.2 x45 1.31 1650 57.0 23.1 26.7 13.1 32.4 x40 0.95 1440 62.5 22.9 23.6 11.8 28.8 W 12x35 0.74 879 55.4 19.6 16.8 9.86 25.6 x30 0.46 720 63.9 19.4 13.9 8.30 21.6 x26 0.30 607 72A 19.2 11.8 7.15 18.E W 12x22 0.29 164 38.1 12.0 5.13 4.87 14.7 X19 0.18 131 43.4 11.8 4.14 4.01 12.4 X16 0.10 96.9 49A 11.7 3.09 3.04 10.0 x14 0.07 80.4 54A 11.6 2.59 2.59 8.72 AmmcAN INS1 mm of STuL CmwmucmN ! + } t �� ij�^ c p ti�a � 2� a +,�s� •� � � �- � ; tY3 d �- per' �" p ,�i k .t �ss4'#' ,z k'„,f eyr t a fr ,.fir�'g7•`t„=-',�'� �,i t* ' � •fir �' � ,� � ��' � �''�� �,,`����� �xs�'>a�'` �' �,+.� t„ �y��u r� 3 ,� ���' �� ` _ �r��' 1-26 tf i. -k, k 4' dx -x T W SHAPES Dimensions k N i 0i Web Flange lv,f Distance P Desig- Area Depth Thickness t, Width Thickness T k k, nation A d tw 2 bf tf In .2 In. In. In. In. In. In. MF W 10132 38.8 14.66 141K 0.645 9/e Via 14.725 143/4 1.Q30 1 111/4 1 "/IS 11YJS X120 35.3 14.48 141/2 0.590 9/16 5/16 14.670 1149/9 0.940 16/16 111/4 15/8 15/1, x109 32.0 14.32 143/a 0.525 1/2 1/4 14.606 Me 0.860 7/e 111/4 is/is % x 99 29.1 14.16 14% 0.485 1/2 1/4 14.565 145/a 0.780 3/4 11%7/1 7/. vx 90 26.5 14.02 14 0.440 Me 1/4 14.520 141/2 0.710 "/16 111/4 1% % 4 W 14x 82 24.1 14.31 141/4 0.510 % 1/4 10.130 jo,/. 0.855 % 11 16/e 1 x 74 21.8 14.17 141/9 7/1 0,450 . /4 10.070 10% 0.785 3/,. 11 7/18 19/ie Ilyls X68 20.0 0.415 1/4 10.035 10 0.720 :V4 11 11/2 q/16 14.04 A4_ 13.89 - -13 -*'/. 0.375 % M. 9.995 10 T, iTV �616/ie 8.060 8 0.660 "As 11 W 14x 53 15.6 13.92 137/9 0.370 3/e 3/ie 7/11; IS/Ili x 48 14.1 13.79 133/4 0.340 a/le yja 8.030 8 0.595 % 11 13/9 % x 43 12.6' 13.66 135/a 0.305 a/16 3/18 7.995 8 0.530 1h 11 IVIS % W 14x 38 11.2 14.10 141/a 0,310 1/is 3/ie 6.770 63 0.515 1/2 12 11/te % x 34 10.0 13.98 145 OM5 /is is 6.745 M/4 0.455 Me 12 1 % x 30 8.85 13.84 137/9 0.270 1/4 /a 6.730 63/4 0.385 % 12 Isms % 6 W -4i -:7.69 14-91. t3T/- 0255 M, - - 1/6- -5.025 5 042() 1/ta 12 ie/1B /,a x 22 6.49 13.74 i33/4 0230 1X 5.000 5 0.335 GAS 12 7/e 9/16 A AmMCAN IMMUM OF STM Co OMUCnON eta' I �P !V M7 j� '4-99 5 No in M P L • •lange W SHAPES d x x T Properties tY„ Distance Nom- Thickness T k k, Elastic Properties Plastic tl criteria In. In. In. In. e4 1.p03n0 1 111/4 117/�e 15/18 B 0.940 16/16 111/4 1%5/16 2t, 'e 0.860 7/9 11'/4 16/ie '/8 a 0.780 e/4 11'/4 1'/,e 7/e a 0.710 e 1% % 0.855 1/6 11 1% 1 i 0.785 1Vie 11 *16 1Vie - 0.720 3/4 11 Lb.. 1B/ie 0.645 6/s 11 y11/�a= 1�1/ B '6/ie 1 0.660 11/16 11 1'/1s 1e/,8 0.595 518 11 1'/e 7/e 0.530 1/2 11 16/1, 7/g 0. h 12 11/16 6/e 0. Me 12 1 6/e 0.385 3/e 121viie 190 6/8 0.420 Me 12 16/16 e/B 0.335 Me 12 '/e a/16 r 1-27 t► Y k, k T- W SHAPES d x x T Properties tY„ Y k b� Nom- compact Section Elastic Properties Plastic anal criteria Modulus �iNKs d Axis X -X Axis Y -Y W rr d Ftr 2t, Fyw Zx Iy I S r I S r Lb.. Ksi In. Ina Ina In. In ° In.3 In. In 3 In 3 132 7.1 - 22.7 - 4.05 0.97 1530 209 628 548 74.5 3.76 234 113 120 7.8 - 24.5 - 4.04 1.05 1380 190 624 495 67.5 3.74 212 102 109 8.5 58.6 27.3 - 4.02 1.14 1240 173 6.22 447 612 3.73 192 92.7 99 9.3 5 29.2 - 4.00 125 1110 157 6.17 402 55.2 3.71 173 83.6 90 10 40.4 31.9 - 3.'99 1.36 999 143 6.14 362 49.9 3.70 157 75.6 82 5.9 - 28.1 - 2.74 1.65 882 123 6.05 148 29.3 2.48 139 44.8 74 6.4 - 31.5 - 2.72 1.79 796 112 6.04 134 26.6 2.48 126 40.6 68 7.0 - 33.8 57.7 2.71 2.70 1.94 723 103 6.01 121 24.2 2.46 115_ 36.9 61 7.7 '- 37.0 48.1 2.15 640 922 5.98 107 21.5 2.45 -102--32.8 53 6.1 - 37.6 46.7 2.15 2.62 541 77.8 5.89 57.7 14.3 1.92 87.1 22.0 48 6.7 - 40.6 402 2.13 2.89 485 70.3 5.85 51.4 12.8 1.91 78.4 19.6 43 7.5 - 44.8 32.9 2.12 322 428 62.7 5.82 452 11.3 1.89 69.6 17.3 38 6.6 - 45.5 31.9 1.77 4.04 385 54.6 5.87 26.7 7.88 1.55 61.5 12.1 34 7.4 - 49.1 27.4 1.76 4.56 340 48.6 5.83 23.3 6.91 1.53 54.6 10.6 30 8.7 55.3 51.3 25.1 1.74 5.34 291 42.0 5.73 19.6 5.82 1.49 47.3 8.99 `28 ' 8.0 =. `54.5 .-22.2 1:28 6.59.' 245, :353 150 8.91 -3.54• ,j0$4QI. > 554 22 7.5 - 59.7 18.5 125 820 199 29.0 5.54 7:00 `280 1.04 332 ``4.39 L I r Ammacm Irannn of STEFd. Co?mucmN Title: Job # Dsgnr. Project Desc.: Project Notes: Printed: 9 MAR 2009, 2:45PM File C:1D=mWts and SeftingsWierift y D=n=tsWNERCALC Data F1asMl5c.ec6 Steel Beam Design _ ENERCALC, INC. 1983-2008, Ver. 6.0:20, N:35487 cription : Typcial Comp Girder Loading Material Properties Calculations per IBC 2006, CBC 2007,13th AISC aoe Analysis Method: Beam Bracing: Beam is Fully Braced against lateral -torsion buckling by attac;::;: :;;: •a�•, Load Combination 2006 IBC & ASCE 7-05 a` Fy : Steel Yield : ksi E: Modulus: ksi Composite Beam Section Data Beam is SHORED for Concrete Placement Total Slab Thickness 6.0 in Concrete fc 3.0 ksi Stud Diameter 3/4" in Effective Width 8.0 ft Concrete Density 145.0 pcf Qn : Stud Cape* 11.0 k Metal Deck... Rib Height 2.0 in Top Width 5.0 in Ribs : Perpendicular Rib Spacing 12.0 in Btm Width 5.0 in D(2.2) L(1 375) VV24X62 �A iied Loads Service loads entered. Load Factors will be applied for calculations. Load for Span Number 1 Uniform Load: D = 2.20, L =1.3750 klft, Tributary Width =1.0 ft DESIGN SUMMARY . - - . Maximum Bending Stress Ratio = 0.708: 1 . . .. Maximum Shear Stress Ratio = 176 p... Section used for this span W24X62 Section used for this span Vu: Applied W24X62 53.6250 k Percent Composite Action 25 % VNOmega :Allowable 305.120 k Construction Mu :Applied 0 After Curing 402.169 k -ft Load Combination +D 0.0 ft Mn /Omega :Allowable 0 568.349 k -ft Location of maximum on span Span # where maximum occurs Span # 1 Load Combination +D+L+H ` Location of maximum on span 14.8993ft Span # where maximum occurs Span # 1 Maximum Deflection Max Downward L+Lr+S Deflection 0.330 in Max Upward L+Lr+S Deflection 0.000 in Live Load Deflection Ratio 1092 Max Downward Total Deflection 0.857 in 0.000 in Max Upward Total Deflection Total Deflection Ratio 420 1® k%.^po-a to to Shear Stud Requirements s From Support 1(a) to 29.80 ft use 21 studs. ' From 29.80 ft to support 2 use 21 studs. Maximum Forces & Stresses for Load Combinations Load Comb & Design Length Max Stress Ratios Bending Summary Shear Summary Span # M V Me Max Mn / Omega Va Vn 1 Omega �erall Maximums Span L = 30 ft 1 0.708 0.176 402.17 568.35 53.63 305.12 +p Span L = 30 ft 1 0.435 0.108 247.49 568.35 33.00 305.12 +D+L+H Span L = 30 ft 1 0.708 0.176 402.17 568.35 53.63 305.12 +D+Lr+H Span L = 30 ft 1 0.435 0.108 247.49 568.35 33.00 305.12 +D+0.750Lr+0.750L+H Title: Job # Dsgnr: Project Desc.: Project Notes: Printed: 9 MAR 2009, 245PM File: C:U�cumeft artd SetlingsldhennisWY Documrdsc entsWNERCALC Data Filesk.ec6 ite Steel Beam Design ENERCALC,INC 19a2DOB,Ver 6.Q.20, N:35487 Description: Typcial Comp Girder Loading Load Comb & Design Length Max Stress Ratios Bending Summary Shear Summary 53.625 53.625 D Only Span # M V Me Max Mn / Omega Va Vn /Omega 20.625 D+L+Lr 53.625 Span L = 30 ft 1 • 0.640 0.159 363.50 568.35 48.47 305.12 1.710 in"4 Weight = 61.953 plf 3,857.7 Maximum Deflections for Load Combinaflons - Unfactored Loads 23.648 Composite Section Properties 80 1,181.57 1,550.0 4,790.8 Span Number Analysis Span Deflection Location Moment of Inertia Moment of Inertia Connection from Bottom Load Combination 1/2 Span k -ft I -Steel I -Trans I-Lwr Bound PNA in Flange In Span Nx - Used I -Steel I -Trans I per G-13-1 I per C43-2 D Only Upward 1 0.5273 15.101 2,650.190 0.000 0.000 0.000 0.000 D Only Downward 1 0.0000 0.000 2,650.190 0.000 0.000 0.000 0.000 L Only Upward 1 0.3296 15.101 2,650.190 0.000 0.000 0.000 0.000 L Only Downward 1 0.0000 0.000 2,650.190 0.000 0.000 0.000 0.000 Lr+L+S Upward 1 0.3296 15.101 2,650.190 0.000 0.000 0.000 0.000 Lr+L+S Downward 1 0.0000 0.000 2,650.190 0.000 0.000 0.000 0.000 D+L+Lr Upward 1 0.8569 15.101 2,650.190 0.000 0.000 0.000 0.000 D+L+Lr Downward 1 0,0000 0.000 2,650.190 0.000 0.000 0.000 0.000 D+Lr+S Upward 1 0.5273 15.101 2,650.190 0.000 0.000 0.000 0.000 D+Lr+S Downward 1 0.0000 0.000 2,650.190 0.000 0.000 0.000 0.000 Umviimnm Varfiral Rwar4inns - tlnfactored Support notation : Far left is #1 Load Combination Support 1 Support 2 Overall MAAmum 53.625 53.625 D Only 33.000 33.000 L Only 20.625 20.625 Lr+L+S 20.625 20.625 D+L+Lr 53.625 53.625 D+Lr+S 33.000 33.000 Section W24X62 Depth = 23.700 in I xx = 1,550.00 in"4 I yy = s4.0uu m•q Web Thick = 0.430 in S xx = 131.00 In"3 S yy = 9.800 In"3 Flange Width = 7.040 in R X = 9.230 in R yy = 1.380 in Flange Thick = 0.590 In Zx = 153.000 in"3 Zy = 15.700 in"3 Area = 18.200 in"2 882.700 81 J = 1.710 in"4 Weight = 61.953 plf 3,857.7 PNA in Flange 96.0 23.648 Composite Section Properties 80 1,181.57 1,550.0 4,790.8 Span Number Analysis % Shear Plastic NA. Sum Qn # Studs per Mn - Capacity Moment of Inertia Plastic N. A. Location Type Connection from Bottom Shear (k) 1/2 Span k -ft I -Steel I -Trans I-Lwr Bound span t PNA in Flange 100.0 23.700 910.000 83 1,188.59 1,550.0 4,790.8 4,790.8 3,877.1 3,670.8 PNA In Flange 99.0 98.0 23.687 23.674 900.900 891.800 82 82 1,186.90 1,185.16 1,550.0 1,550.0 4,790.8 3,864.3 PNA in Flange PNA in Flange 97.0 23.661 882.700 81 1,183.38 1,550.0 4,790.8 3,857.7 PNA in Flange 96.0 23.648 873.600 80 1,181.57 1,550.0 4,790.8 3,850.8 PNA in Flange 95.0 23.635 864.500 79 1,179.72 1,550.0 4,790.8 3,843.8 PNA in Flange 94.0 23.622 855.400 78 1,177.84 1,550.0 4,790.8 3,836.7 PNA in Flange 93.0 23.610 846.300 77 1,175.91 1,550.0 4,790.8 3,829.3 PNA in Flange 92.0 23.597 837.200 77 1,173.95 1,550.0 4,790.8 3,821.8 PNA in Flange 91.0 23.584 828.100 76 1,171.95 1,550.0 4,790.8 3,814.1 PNA in Flange 90.0 23.571 819.000 75 1,169.92 1,550.0 4,790.8 3,806.1 PNA in Flange 89.0 23.558 809.900 74 1,167.84 1,550.0 4,790.8 3,798.0 PNA in Flange 88.0 23.545 800.800 73 1,165.73 1,550.0 4,790.8 3,789.7 PNA in Flange 87.0 23.532 791.700 72 1,163.58 1,550.0 4,790.8 3,781.2 PNA in Flange 86.0 23.519 782.600 72 1,161.40 1,550.0 4,790.8 3,7725 PNA in Flange 85.0 23.506 773.500 71 1,159.17 1,550.0 4,790.8 3,763.6 PNA In Flange 84.0 23.493 764.400 70 1,156.91 1,550.0 4,790.8 3,754.5 PNA in Flange 83.0 23.480 755.300 69 1,154.61 1,550.0 4,790.8 3,745.1 PNA in Flange 82.0 23.467 746.200 68 1,152.28 1,550.0 4,790.8 3,735.6 PNA In Flange 81.0 23.454 737.100 68 1,149.90 1,550.0 4,790.8 3,725.8 PNA in Flange 80.0 23.441 728.000 67 1,147.49 1,550.0 4,790.8 3,715.8 • PNA in Flange 79.0 23.429 718.900 709.800 66 65 1,145.05 1,142.56 1,550.0 1,550.0 4,790.8 4,790.8 3,705.6 3,695.1 PNA in Flange 78.0 23.416 PNA In Flange 77.0 23.403 700.700 64 1,140.04 1,550.0 4,790.8 3,684.4 PNA in Flange 76.0 23.390 691.600 63 1,137.48 1,550.0 4,790.8 3,673.4 PNA in Flange 75.0 23.377 682.500 63 1,134.88 1,550.0 4,790.8 3,662.2 PNA in Flange 74.0 23.364 673.400 62 1,132.25 1,550.0 4,790.8 3,650.8 PNA In Flange 73.0 23.351 664.300 61 60 1,129.57 1,126.87 1,550.0 1,550.0 4,790.8 4,790.8 3,639.1 3,627.1 q� PNA in Flange PNA in Flange 72.0 71.0 23.338 23.325 655.200 646.100 59 1,124.12 1,550.0 4,790.8 3,614. /�11 (� PNA in Flange 70.0 23.312 637.000 58 1,121.33 1,550.0 4,790.8 3,602. Steel Beam Design Description: iTypcial Comp Girder Loading Title: Dsgnr. Project Desc.: Project Notes: File: C:1Doatments Job # Nata 9 MAR 2009, Z45PM DommtslENERCALC Data FAeslmtsc.ec6 ,:ALC, INC. 1983.2008. Ver. 6.0.20, N:35487 Composite Section Properties Span Number Analysis % Shear Plastic NA. Sum Qn # Studs per Mn - Capacity Moment of Inertia Plastic N. A. Location Type Connection from Bottom Shear (k) 1/2 Span k4 I -Steel I -Trans I -Lw Bound n ange PNA in Flange 68.0 23.286 618.800 57 1,115.66 1,550.0 4,790.8 3,576.6 PNA In Flange 67.0 23.273 609.700 56 1,112.76 1,550.0 4,790.8 3,563.2 PNA in Flange 66.0 23.261 600.600 55 1,108.83 1,550.0 4,790.8 3,549.6 PNA in Flange 65.0 23.248 591.500 54 1,108.86 1,550.0 4,790.8 3,535.7 PNA in Flange 64.0 23.235 582.400 53 1,1013.85 1,550.0 4,790.8 3,521.4 PNA in Flange 63.0 23.222 573.300 53 1,100.81 1,550.0 4,790.8 3,506.9 PNA in Flange 62.0 23.209 564.200 52 1,097.73 1,550.0 4,790.8 3,492.0 PNA in Flange 61.0 23.196 555.100 51 1,0944.61 1,550.0 4,790.8 3,476.9 PNA in Flange 60.0 23.183 546.000 50 1,091.45 1,550.0 4,790.8 3,461.4 PRA in Flange 59.0 23.170 536.900 49 1,088.26 1,550.0 4,790.8 3,445.5 PNA in Flange 58.0 23.157 527.800 48 1,085.03 1,550.0 4,790.8 3,429.4 PNA in Flange 57.0 23.144 518.700 48 1,081.76 1,550.0 4,790.8 3,412.8 PNA in Flange 56.0 23.131 509.600 47 1,078.46 1,550.0 4,790.8 3,396.0 PNA in Flange 55.0 23.118 500.500 46 1,075.12 1,550.0 4,790.8 3,378.7 PNA in Web 54.0 23.035 491.400 45 1,093.31 1,550.0 4,790.8 3,361.2 PNA in Web 53.0 22.823 482.300 44 1,090.99 1,550.0 4,790.8 3,343.2 PNA in Web 52.0 22.611 473.200 44 1,088.49 1,550.0 4,790.8 3,324.8 PNA in Web 51.0 22.400 464.100 43 1,085.82 1,550.0 4,790.8 3,306.1 PNA in Web 50.0 22.188 455.000 42 1,082.98 1,550.0 4,790.8 3,286.9 PNA in Web 49.0 21.977 445.900 41 1,079.95 1,550.0 4,790.8 3,267.4 PNA in Web 48.0 21.765 436.800 40 1,076.74 1,550.0 4,790.8 3,247.4 PNA In Web 47.0 21.553 427.700 39 1,073.35 1,550.0 4,790.8 3,227.0 PNA in Web 46.0 21.342 418.600 39 1,069.78 1,550.0 4,790.8 3,206.2 PNA in Web 45.0 21.130 409.500 38 37 1,066.02 1,062.08 1,550.0 1,550.0 4,790.8 4,790.8 3,185.0 3,163.3 PNA In Web 44.0 20.918 400.400 PNA in Web 43.0 20.707 391.300 36 1,057.94 1,550.0 4,790.8 3,141.1 PNA In Web 42.0 20A95 382.200 35 1,053.62 1,550.0 4,790.8 3,118.4 PNA in Web 41.0 20.283 373.100 34 1,049.10 1,550.0 4,790.8 3,095.3 PNA In Web 40.0 20.072 364.000 34 1,044.40 1,550.0 4,790.8 3,071.7 PNA in Web 39.0 19.860 354.900 33 1,039.49 1,550.0 4,790.8 3,047.6 PNA in Web 38.0 19.649 345.800 32 1,034.39 1,550.0 4,790.8 3,022.9 PNA in Web 37.0 19.437 336.700 31 1,029.09 1,550.0 4,790.8 2,997.8 PNA in Web 36.0 19.225 327.600 30 1,023.59 1,550.0 4,790.8 2,972.1 PNA in Web 35.0 19.014 318.500 29 1,017.88 1,550.0 4,790.8 2,945.8 PNA in Web 34.0 18.802 309.400 29 1,011.97 1,550.0 4,790.8 2,919.0 PNA in Web 33.0 18.590 300.300 28 1,005.85 1,550.0 4,790.8 2,891.6 PNA In Web 32.0 18.379 291.200 27 999.52 1,550.0 4,790.8 2,8$3.7 PNA in Web 31.0 18.167 282.100 26 992.98 1,550.0 4,790.8 2,835.1 PNA in Web 30.0 17.956 273.000 25 986.23 1,550.0 4,790.8 2,805.9 PNA in Web 29.0 17.744 263.900 24 979.26 1,550.0 4,790.8 2,776.1 PNA in Web 28.0 17.532 254.800 24 972.06 1,550.0 4,790.8 2,745.6 PNA In Web 27.0 17.321 245.700 23 964.65 1,550.0 4,790.8 2,714.5 PNA in Web 26.0 17.109 236.600 22 957.01 1,550.0 4,790.8 2,682.7 PNA in Web 25.0 16.897 227.500 21 949.14 1,550.0 4,790.8 2,650.2 0 Title: Job # Dsgnr. Project Desc.: Project Notes: Printed 9 MAR 2009, 2:45PM Fite: C:1Doarments and MngsldhennisWy D=cument WAMCALC Data FllesWsc.ec6 Beam Design ENERCALC,INC, 1983-2008,Ver 6.0.20, N:3W Description: Typical Girder loading Material Properties Calculations per IBC 2006, CBC 2007,13th AISC Analysis Method: Allowable Stress Design Fy : Steel Yield: 50.0 ksi Beam Bracing: Beam is Fully Braced against lateral -torsion buckling E: Modulus: 29,000.0 ksi Bending Axis: Major Axis Bending Load Combination 2006 IBC & ASCE 7-05 D(2.2) L(1.375) W24X62 Applied Loads Beam self weight calculated and added to loads Load for Span Number 1 Uniform Load : D = 2.20, L =1.3750 kilt, Tributary Width =1.0 ft DESIGN SUMMARY Maximum Bending Stress Ratio 1.072: 1 • Section used for this span W24X62 Mu: Applied 409.139k -ft Mn / Omega: Allowable 381.737 k -ft Load Combination +D+L+H Location of maximum on span 15.101 ft Span # where maximum occurs Span # 1 Maximum Deflection Segment Length Max Downward L+Lr+S Deflection 0.564 in Max Upward L+Lr+S Deflection 0.000 in Live Load Deflection Ratio 638 Max Downward Total Deflection 1.491 in Max Upward Total Deflection 0.000 in Total Deflection Ratio 241 Service loads entered. Load Factors will be applied for calculations. Maximum Shear Stress Ratio = Section used for this span Vu : Applied Vn/Omega : Allowable Load Combination Location of maximum on span Span # where maximum occurs 0.268 :1 W24X62 54.5543 k 203.820 k +D+L+H 0.000 ft Span # 1 Maximum Forces & Stresses for Load Combinations Span Max. °-° Dell Location in Span Load Combination Max..+ Den Locauon in Span D+L+Lr+S 1 Load Combination Max Stress Ratios 0.000 Summary of Moment Values - Unfactored Loads Summary of Shear Values Segment Length Span # M V Minix + Mmax - Ma - Max Mnx Omega•Mnx Cb Rm Va Max Vnx Omega'Vnx Overall MAXimum Envelope Dsgn. L = 30.00 It 1 1.072 0.268 409.14 409.14 637.50 381.74 1.00 1.00 54.55 305.73 203.82 +p Dsgn. L = 30.00 It 1 0.667 0.166 254.46 254.46 637.50 381.74 1.00 1.00 33.93 305.73 203.82 +D+L+ii Dsgn. L = 30.00 ft 1 1.072 0.268 409.14 409.14 637.50 381.74 1.00 1.00 54.55 305.73 203.82 +D+Lr+H Dsgn. L = 30.00 It 1 0.667 0.166 254.46 254.46 637.50 381.74 1.00 1.00 33.93 305.73 203.82 +D+0.750Lr+0.750L+H Dsgn. L = 30.00 ft 1 0.970 0.242 370.47 370.47 637.50 381.74 1.00 1.00 49.40 305.73 203.82 rluerall mnvimnm rtaflaM'nns - Unfactered Loads Load Combination Span Max. °-° Dell Location in Span Load Combination Max..+ Den Locauon in Span D+L+Lr+S 1 1.4905 15.101 0.0000 0.000 AM Maximum Deflections for Load Combinations - Unfactored Loads Load Combination Span Max. Downward Deft Location in Span Max. Upward Defl Location in Span D Only 1 0.9270 15.101 0.0000 0.000 L Only 1 0.5635 15.101 0.0000 0.000 Lr+L+S 1 0.5635 15.101 0.0000 0.000 D+L+Lr+S 1 1.4905 15.101 0.0000 0.000 Steel Beam Design MM.M . Description: Typical Girder loading Title: Job # Dsgnr: Project Desc.: Project Notes: Printed: 9 MAR 2009, 2.45PM File: C:Oocumerds and Seldn WhennisUWy Dominw slENERCALC Data F11wWsc.ed ENERCALC, INC.1983•OMR Var: &0.20. N:35487 Maximum Vertical Reactions - Unfactored Support & Load Combinati Support Reaction Support 1, (D+L+Lr+S) 54.554 k Vertical Reactions - Unfactored Support notation : Far left is #1 Load Combination Support 1 Support 2 Overall MAXimum 54.554 54.554 D Only 33.929 33.929 Lr Only L Only 20.625 20.625 S Only Lr+L+S 20.625 20.625 W Only E Only H Only D+L+Lr+S 54.554 54.554 Steel Section Properties : W24X62 Depth = 23.700 In I xx = 1,550.00 in"4 J = 1.710 In"4 Web Thick = 0.430 In S roc = 131.00 in"3 Cw = 4,620.00 in"6 Flange Width = 7.040 In R xx = 9.230 In Flange Thick = 0.590 in Zx = 153.000 In"3 Area = 18.200 In"2 I yy = 34.500 In"4 Weight = 61.953 plf S yy = 9.800 In"3 Wno = 40.700 In"2 Kdesign = 1.090 in R yy = 1.380 in Sw = 42.200 in"4 �K1 1.063 in Zy 15.700 In"3 Qf 22.500 in"3 �ts 1.750 In rT 1.710 in ow 75.300 in"3 Ycg = 11.850 In 0 • • z�x (Oz- 0 go C t -- 2?7, 7'A I vA- . t5= TX = 15 f5o lit PROJECT NOTES -Lu = �3 - 1311q-3 5",qv O F5D 9419 ZI�� -- 't�Di�� YD �Xnkl Al# JZJ5(r J =,975 F✓ , Z� J • Project Title� i�l Project N . Location p LAA�k Date Present Notes by: of • PROJECT NOTES 1'�4000 #7- 6w) 15-r � vr--5e LI tProject Title Location Present lip 'A-v-'.,070t&.�. Agwvw --o CZ & 7, 9-L 4. L 0 -5.3 U12 -CP-1 & `46 bo t--T�:-:> Rt L'�� Project N . Date Page of um 3r DIAM: PULLEY SHAPED GUSSET ATE, EACH SIDE —(4) rDIAM. GRADE 8 BOLTS TO EXISTING BEAM FLANGE 3��TYP. PLATE, FOR BRACING. 3/16 `TYP. 3° STANDARD PIPE, AS SLEEVE FOR HANGING PIPE OF SCULPTURE ALIGNMENT COGS f GRADE 8 PIN FOR CABLE ATTACHMENT SCULPTURE MAIN HANGING PIPE, 2 } STANDARD PIPE OMT -10 (E) W14x26 BEAM r CLAMPING PLATE OVER (E) BEAM FLANGE 3° STANDARD PIPE, AS SLEEVE FO PIPE OF SCULPTURI TYP. TYP. 4 3'0 HEAD CONNECTION DETAIL CP: SCALE 3/4" = 1'-0" 144' F OF � M. H DRAWING TITLE: DRAWING NUMBER HEAD CONNECTION DETAIL S-1 ERIDIAN CITY HALL SCULPTURE SHEET REFERENCE: 33 E. BROADWAY AVE. MERIDIAN, IDAHO SCALE: Dana M Henn SE 3/4' . t-0' "ORIGINS" 3505 S. Locust Gmve Rd. Kuna, ID 83634 DATE (208) 949-1097 dhennis@dearwfm.net 5/7/09 t CLAMPING PLATE (E) BEAM FLANGE A Zrill (2) 3j' DIAM. PULLEYS FORCABLE ALIGNMENT UNDER GIRDER TYPE (E) W24x62 GIRDER J' MOUNTING PLATE UNDER - (E) BEAM FLANGE, W/BOLTS THROUGH TO CLAMP PLATES (4) J' GRADE 8 BOLTS —,,, CLAMPED TO (E)BM FLANGE 32'° PULLEY W/CABLE, - EACH END, W/GRADE 8 AXLE ROD 1 SHEVE PLATE EACH - SIDE OF PULLEYS OSECTIO I 2 GIRDER PULLEY DETAIL SCALE 1' = T-0' 9Nq M F DRAWING TITLE: DRAWING NUMBER GIRDER PULLEY DETAIL S-2 ERIDIAN CITY HALL. SCULPTURE SHEET REFERENCE: 33 E. BROADWAY AVE. C MERIDIAN, IDAHO SCALE Dana M Hennis, S.E. Y a '''_oe "ORIGINS" 3505 S. Locust Grove Rd. Kuna,ID 83534 DATE (208) 949-1097 dhennis@cleapmre.net 5/7/09 rr/4 VLMV1. MALL BOLT (E) W14x26 BEAM PULLEY W/ CABLE RETAINER PIN,_ 3/16 TMP' TYP. OF (3) 11 \_ � PLATE OSECTIO N 3 REAR PULLEY DETAIL SCALE 1' = T-0" DRAWING TITLE: REAR PULLEY DETAIL ERIDIAN CITY HALL SCULPTURE 33 E. BROADWAY AVE. MERIDIAN, IDAHO "ORIGINS" 3505�S. Locust Grroove R�d. SEE Kuna, ID 133634 (206) 949-1097 dhennis@ctearwlm.n 43 DRAWING NUMBER S-3 SHEET REFERENCE: SCALE: r v T—w DATE: 5/7/09 ELECTRIC CABLE HOIST (4) r GRADE 8 BOLTS THROUGH BEAM FLANGE (4) J" GRADE 8 BOLTS, MOTOR TO MOUNTING PLATE (4) a" GRADE 8 BOLTS THROUGH (E)BEAM FLANGE D 4' GRADE 8 BOLTS FO CABLE ATTACHMENT TO CONNECTION PLATE ©SIDE VIEW (E) W1426 BEAM .� MOUNTING PLATE, MOTOR TO BEAM (N) CABLE HOIST AND MOTOR 4 HITCH PIN THROUGH< SIDE PLATES AND CONN. PLATE " SHEVE PLATES, 10EACH SIDE OF PU A OSECTIO N (E) W14x26 BEAM j- MOUNTING PL. 3/ 16 NP' CONNECTION PL. W/SLEEVES FOR CABLES � GRADE 8 0LT, ..P // L. TO PL. i Tfil 4 CABLE LOCK DETAIL oP SCALE T = T-0' oqN I of qrM. Nx q HEN $' DRAWING T[TLE: DRAWING NUMBER CABLE LOCK DETAIL S-4 ERIDIAN CITY HALL SCULPTURE SHEET REFERENCE: 33 E. BROADWAY AVE. MERIDIAN, IDAHO SCALE: Dana M Hennl% S.E. 'p - 1'-0, "ORIGINS" 3505 S. Locust Grove Rd. DATE Kuna,ID 83634 : I2os> s4a10s7 dhermis@dearvAre.nat 5/7/09 (E)W24X62 GIRDER /--(E)W14X26 BEAM GING SCULPTURE (E)W24X62 GIRDER 5 OVERALL LAYOUT @ 2ND FLR FRI SCALE va• = r -o, CABLE ROUTE DRAWING TITLE: DRAWING NUMBER OVERALL CABLE AND PULLEY LAYOUT S-5 ERIDIAN CITY HALL SCULPTURE SHEET REFERENCE: 33 E. BROADWAY AVE. MERIDIAN, IDAHO SCALE Dana M HeraSF- 1/8' . T-0' ORIGINS Kun Locust Grove Rd.' una,ID 83634 DATE' (208) 949-1097 dhennis@clwmft.net 5/7/09 • FINAL ACCEPTANCE MERIDIAN CITY HALL PUBLIC ART PROJECT EXHIBIT B • • 0 ORIGIN MAINTENANCE PLAN JUNE 13, 2009 J. AMBER CONGER, REFINERII Keep free of dust with a long -handled duster If more than dusting is required; lower sculpture using the hoist: see Hoist Operation -Fig. 1. Lower sculpture until plumb -bob is just above floor; remove plumb -bob by releasing the set screws on the center -pipe. Lower sculpture until the lowest point is just above floor. Sculpture must be held in place by hand to prevent it from spinning, while it's cleaned. Clean metal surfaces with a soft cloth & dust removal product (like Pledge). Use caution around the points of the star, as they are delicate & bend easily. Glass may be cleaned with a soft cloth & glass cleaner. Do not spray glass cleaner onto the metal surfaces. Once every 5 years all nuts & bolts on the sculpture & the center -pipe should be checked for tightness. Alcove art: Clean glass as needed with glass cleaner & soft cloth. Do not spray glass cleaner on the steel pieces; wet cloth & rub glass. Use caution not to apply pressure to glass (especially the Idaho). Clean steel surfaces with dust removal product (like Pledge). Please call for assistance with the V lowering of the sculpture, or for any questions. J. 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Fi A Warning! Before installing the SIMG onto the KBMG, the AC power must be disconnected. The following Installation and Wiring instructions are to be used as a•supplernent to the KBMG Installation and Operating Instructions Manual (Part No. A40263). Refer to the SIMG Installation and Operating Instructions Manual (Part No. A40269) for specific and external signal following connections. See Figures 1 - 5, on page 2. Tools required for Installation: small flat blade screwdriver, long nose pliers, cutters. Notes. 1. To install the SIMG, be sure the Top Panel of the KBMG 2 -Piece Finger -Safe Cover (FSC) is not installed. 2. All trimpots and jumpers, on the KBMG, must be set before installing the SIMG. Preparing the KBMG Prior to Installing the SIMG - See Figure 1. 1 A Insert the flat blade screwdriver between the KBMG PC Board and Terminal Block TBI and gently pry it off. Discard the Terminal Block. Note. When prying off the Terminal Block, care should be taken to not scratch circuit traces that are on the PC Board surface. 1.2 Using a flat blade (or Phillips) screwdriver, remove the screw from the KBMG FSC. Retain this screw for use in Section 3.3, below. 1.3 Using long nose pliers, remove and discard the Terminal Boots that are factory installed on Terminals °F-° and °F+° on the KBMG. 2 Preparing the SIMG for Installation onto the KBMG - See Figure 2. • Note. If the SIMG does not contain a Ring Lug and Cable Tie, proceed to paragraph 3 below. 2.1 Using long nose pliers, carefully uncurl the Ring Lug off the Cable Assembly. 2.2 Using cutters, carefully remove the Cable Tie from the SIMG. 2.3 Discard the Ring Lug and Cable Tie. 3 Installing the SIMG onto the KBMG - See Figure 3. 3.1 Align and gently push the Terminal Block on the SIMG onto the Terminal Block Header on the KBMG. 3.2 Align the (3) Holes on the SIMG with the (3) Snap Posts on the KBMG FSC. Gently press the SIMG Board onto the (3) Snap Posts. Apply pressure at each Snap Post. 3.3 Install the Screw, that was removed in Section 1.2, and gently tighten it to secure the SIMG onto the KBMG FSC. Do not overtighten. 4 Wiring the SIMG After Installed onto the KBMG - See Figures 4 and 5. Note., On older SIMG models, the Brown and Yellow Wires must be crisscrossed, as shown in Figure 3. On newer SIMG models, the Brown and Yellow Wires are not crisscrossed. 4.1 Carefully insert the Cable Assembly through the Retainer Clip on the KBMG FSC. 4.2 Connect the Brown Wire (larger terminal) to Terminal F- on the,KBMG. 4.3 Connect the Yellow Wire (smaller terminal) to Terminal F+ on the KBMG. Installing the SIMG Finger -Safe Cover - See Figure 3. , Align the (4) Snap Tabs on the SIMG FSC with the (4) slots on the KBMG FSC. The Cable Shroud must be positioned over the Cable Assembly (Brown and Yellow Wires). Apply pressure to snap the cover into position. Note. Be sure that the Cable Assembly is centered In the Retaining Clip so the wires are not damaged by the Cable Shroud. 0 The SIMG installation is now complete. (A40138) - Rev. B00 - 9/1/2004 - Z3031 B00 Page 1 of 2 PC 10M 12/07 r� 0 "The Right Control for YourApplloetion." KB Electronics, Inc. Figure 1- Preparing the KBMG Prior to Installing the SIMG Figure 2 - Preparing the SIMG for Installation onto the KBMG Uncurl Ring Lug here CON2 `o ° Ti(—) Cut Cable Tie here g ° T2(+) ti Figure 4 - Wiring the SIMG After Installed onto the KBMG Brown Wine (larger terminal) „ connects to Terminal °F-° on KBMG CON2 ® Z�Ti(—) v v T2(+) Yellow Wire (smaller terminal) connects to Terminal °F+° on KBMG Route Cable Assembly through Retainer Gip Figure 5 - View of KBMG TenWnels °F= and °F+° Termil F--° Terminal °F+° is 12095 NW 39 Street, Coral Springs, FL 33065-2516 the 51996 onto we mmu (wllm Z -Piece Note. On newer SIMG models, the Brown and Yellow woes are not cnss. (4 Places) 1 SIMG RrigerSafeCover ' SIMG PC Board 1 1 1 Acus Door 1 I (Jumpers JlAand J1B) Terminal Block Neadef Retainer Gip 1 I 1 I I 1 1 I (A40138) - Rev. BOO - 9/1/2004 - Z3031 BOO Page 2 of 2 PC 10M 12/07 "The Right Control for YogrApplication.' 12095 NW 39 Street, Coral Springs, FL 33065-2516 Telephone: 954346-4900; Fax: 954346-3377 • KB Electronics, Inc. www.KBetectranics.com C] 0 New 2 -Piece KBM.G Finger -Safe Cover This KBMG model contains a new 2 -piece Finger -Safe Cover (FSC), as shown in Figure 1. It allows the installer the ability to make all trimpot adjustments, complete the wiring, and set all jumpers without its removal. The Top Panel is easily installed by first Inserting the Prong of the Top Panel Into the slot in the Base. Then press the Top Panel onto the Base by aligning the (3) Top Panel Holes with the (3) Base Snap Posts. See Figure 1. An Access Door has been added to allow resetting the AC line input Jumpers J1A and J1 B. (Note: The drive has been factory set for 230 Volt AC line input.) To remove the Access Door, apply pressure on the lower end of the door (at the "finger grip" under the 5 vertical ventilation slots) and slide the door off, as shown in Figure 2. Note. To access Jumpers J4 (15V/101Q, J5 (TRO/SPD), and J6 (RT&CTS) with the FSC installed, either remove the Top Panel or cut out the Jumper Access Tabs (see Figure 1) of the Top Panel. Figure 2 - Access Door Access Door (Factory Installed) 00000 -Hoff Press here Base and slide Access Door up 00000 O Access Door Slide Removed Access Door OR 00000 o Jumpers JIA and JIB (1151230 VAC Line Input Voltage Selection) PC 10M 05/08 — 7/6/2006 — Z3030A02 Page 1 of 1 m N O O O • C] r: -4 v GREEN z n p BLACK o n 1 WHITE TD N Z O � N -nQ 0 0 z 0 3 ME0N v O 08 W � W � Z'. p 2 2 2 2� CD 9 D 0_ p o v v v v O N N N � 01 Ol C1 CD O00 •___. a a a a y N y N 3 Q OCD� W W � � t. O 0 o w cn N m N O mco R 0 o cn 01� (D m z C31 N �I U7 c, C O Ul Ul O N � c OD mCO T 1 T I O Z C N O m r,a N N m � z .-r O .a tn 6C,,l v z n 0 0 0 0 3 v v v v - a��=w 39 N G7 N < < O d � � .Or00 rn r Om v z n X -LIMITED WARRANTY Frora hadodOf 18 mmft from dews of odgina) purchase, i B w M repair or rep*a without cmrgedevtoes which ourellanud[ c proves to be def�ve In material or worwaarstfp. m aMy is Vagi h the urdt has not too tampered with by unauthorized persons, VMW ainoW, or Improperly Installed and has been used In aocohdance with the arullor ratings supper The foregoling Is in Hew of any other waramly or guarantee, expressed or impfied, and we are rot responsible for any expense, Including (born and removal, Inc onvohrnce. or consequarift damage, rock ding injury to any person, caused by item of our manufacture, or sats, Soft states do not agoV certain exclusion or Itmitafions found hr they co thatthey may not apply to you. In any even KRIS total Iliday. urNder d circumstances, shall not end the full purchase price Of this Ludt. (rev 4fr j KB ELECTRONICS, INC. ® 12095 NW 3911h Street, Coral Springs, FL 33005 • (954) 346.4900 • Fax (954) 346-3377 ® Outside Florida Call TOLL FREE (800) 221-6570 • E-mail - info@kbelechwics.com www.kbotechwics.corn (A40263) - Rev. B -12M PC 10M 02106 TABLE OF CONTENTS REGENERATIVE DRIi6E Section Pace MODEL KBMG-212D FIGURES Elmo L Simplified Setup and 1. AC Line Voltage Jumper Setting ...... - 10 Operating Instructions .............. 1 2. Motor Armature Voltage II. Safety Warning ...................3 Juhiper Setting ................... 10 I. General Information ................ 4 3. Jumper J4 Setting ................. 11 II. Operation ........................ 5 4. Jumper J5 Setting ................. 11 III. Setting Selectable Jumpers .......... 8 5. Jumper JB Setting ................. 12 IV. Mounting ....................... 15 6. Speed Control Mode............... 13 V. Wiring .......................... 15 7. Torque Control Mode .............. 14 VI. Poshrg ......................... 24 S. AC Line Connection ............... 18 VII.,jfjjRW Adjustments .............. 25 VII n Indicator Lamps ........... 30 9. 10A- Armature Connection .............. Full Voltage Field 18 17 IX G -212D Accessories .......... 30 10B. ................. Half Voltage Field ................. 17 X. Limited Werra* .................'34 11. Main Speed Potentiometer TABLES Connections ..................... 19 1. Electrical Ratings .................. 5 12. Control Layout ................... 20 2. Summary of Control Operation ....... a 13. Mechanical Spedacations ........... 21 3. General Performance Specifications'. 7,8 14. Voltage Following Connection ....... 22 4. Jumper J2 Position vs 15. Regenerate to Stop ................ 23 Motor Hco ...... ......... 9 16. Coast to Stop .................... 23 5. Relationship, ip, of AC AC Line Inpuutt and Motor 17. Tach -Generator Feedback .......... 24 Voltage with JI A, JiB and J3 ....... 10 18. Axel Trimpot Adjustmem ........... 26 S. Terminal Block Wiring Information .... 15 19. Dead Bard Tdmpot Adjustment ...... 27 7. Field Connections ................ 18 8. Armature Fuse Chart .............. 25 2. MOTOR CURRENT. Jumper J2 is factory set for 7.5 amp motors (7.5A). For lower amperage moors, place J2 in the proper position. If motor amperage Is las than 1.7 amps, use the 1.7 amp position and readjust the IR and CL frimpots according to section VII, C and D on pages 28 and 29. Note: The factory so" for Current Limit is 150% of the nominal current setting (e g., It J2 is selected for 5 amps, the actual CL as" wig be 7.5 amps). Note: If the 10.0 amp setting (10.OA) Is required, an auxiliary healsink (KB PM 9861) must be used. 3. TRIMPOT SETTINGS. All trimpols have been factory set in accordance with figure 12. p. 20. 4. ENABLE. A jumper must be connected between "EN" and "COM" terminals or control will not operate. (See sec. V, G, page 22.) fa: For the location of jumpers and trimpots, see fig. 12, control layout, on page 20. S. OR TORQUE MODE. Jumper JS Is factory set for speed control operation (SPD). For torque control, set J5 to the -rRO° position. INSTALLATION AND OPERATING INSTRUCTIONS REGENERATIVE DRIi6E MODEL KBMG-212D KB Part No. 8831 Variable Speed SCR Control Designed for Shunt Wound and PM DC Motors FULL WAVE • 4 QUADRANT m L See Safety Warning R7 L , on Page 3 Al The information contained in this manual is intended to be accurate. However, the manufacturer retains the right to make changes in C (I� tiq design which may not be Included herein. P9=A �= POWERS Sm CPagaf 3 A COMPLETE LINE OF MOTOR DRIVES ©1999 KB Electronics, Inc 1. R® KBMG-212D SIMPLIFIED OPERATING INSTRUCTIONS IWPORTANT-You must read these simptifted operating Instructions before you proceed. These instructions are to be used as a reference only and are not Intended to regtace rte detailed Instructions provided hereinYou must read the Safety Warning before proceed(ng. 1. CONNECTIONS. A. AC Line - Wire AC line voltage to terminals L1 and L2. Be sure jumpers J1 A and J18 are both set to the corned input line voltage 115 or 230 VAC. Connect ground wire (earth) to green ground screw. B. Motor. 1. Permanent Magnet (PM Type). Connect motor armature leads to Mi (+) and M2 (-). Be sure jumper J3 is set to the proper position °Aff for 80 volt DC motors and °A180" for 180 volt DC motors. Note: 180 volt DC motors must be used with 230 VAC tine, 90 volt motors can be used with a 230 VAC or 115 VAC line. Note: Motor performance and efficiency, Including brush Ilfe, can be adversely affected when using 90 volt motors with a 230 VAC line. Contact motor manufacturer for derating Information. 2. Shunt Wound Motors. Connect motor armature leads as above. Connect full voltage shunt field leads (90 volt motors with 100 volt fields and 180 volt with 200 volt fields) to F+ and F-. Connect half voltage field leads (90 volt motors with 50 volt fields and 180 volt motors with 100 volt fields) to F+ and L1. r R ® IL SAFETY WARNING! - PLEASE READ CAREFULLY This product should be installed and serviced by a qualified technician, electrician Or elecVW maintenance person familiar with Its operation and the hazards involved. Proper installation, which Includes wiring, mounting In proper enclosure. fusirta or other overcturrant promotion and grouudng, can reduce the chance of electric shocks, fires or explosion in this product or products used with this product such as electric motors, switches. cogs, solenolds or relays. Eye prMectlon must be worn and insulated adJlstme t tools must be used when working with control under powrer. This product IS constructed of materials (plastics, metals, cation, sMcw% etc.) which may be a potential hazard Proper shielding, grounding and filtering of this product can reduce the emission of radio frequency interfewice (AFF) wwhich may advermgly affect sensitive electronic equipment. if I nfor adim Is required on this product, contact our factory. it is the mspmildlity of the equipment manufacturer and hndividual hataller to supply this safety warning to the ultimate user of this product. (SW effective 11192) This control contatrs 01801/01116- SWVStop and enable ciroults that can be used to start and stop the ccfftL However, thew circuits are never to be used as safety disconnects since trey are not fall -safe: Use only the AC fine for the purpose. The kaput circuits of this control (potentiometer, start/atop, enable) are not isolated from AC One. Be sure to follow an Instructions carefully. Fire and/or electrocution can resuB due to improper use of this product. This product complies with all CE directives pertinent at the time of manufacture. Contact factory for detailed installation Instructions and )eclaretion of Conformity. Installation of a CE approved RFI filter (KBRF-200A, KB $IN 9945C or equivalent) Is required. Additional shielded motor cable and/or AC Ine cables may be required along with a signal Isolator (model SIMG, KS P/N 8832 it equivalent). GERERAL INFORMATION. The KBMG-212D is a full -wave regenerative control, capable of operating a DC motor (Permanent Magnet or Shunt) in a bidirectional mode. It provides 4 -quadrant operation which allows forward and reverse torque in both speed directions. The drive offers excellent controllability, which closely approximates the performance of servo -type drives. Ratings and specifications are presented in tables 1 and 3. Be sure the drive Is used within these ratings and specifications. (Note: Regenerative drives normally produce more motor heating then standard unidirectional SCR speed controls, especially under low speed operation. This should be taken Into consideration when specifying motor rating.) QWARNINGI Be sure to follow all Instructions carefully. Fire or electrocution can result due to Improper use of this product. Read Safety Warning. To understand the concept of a regenerative drive, the operation of an elevator can be used. If one were to enter the elevator on the first floor and press 10, the motor and control would have to lift the elevator against gravity. In this male, the drive would operate like a c onvemional speed control which is called "motoring° (the applied bad is opposite to the direction of motor rotation). When the elevator Is at floor 10 and floor 1 Is pressed, gravity will try to pug the elevator car down faster than the speed for which it is set. The control will then provide reverse torque to keep the car from failing faster than the set speed. This operation is regeneration (the applied bad is in the same direction as the direction of motor rotation). The table below summarizes the different modes of operation. A& TABLE 2 — SUMMARY OF CONTROL OPERATION Quadrant Type of Operation Neter Rotation Direction Motor Torque Direction Applied Laad Direction I Motoring CW CW cow If Regeneration CCw Cw CCW III Motoring CCW CCW CW N Regeneration CW CCW CW TABLE 3—GENERAL PERFORMANCE SPECIFICATIONS (Continued) Parameter gpukotitoeUon g Forward CL (FCL) and Reverse CL (RCL) Range (% Range 0-175 150 Seem) 0-210,0-215 0-215 Voltage Following input Range (VDC)- 205 — vcttage Foltwuing Lhm ty (% Base Speed) blur NA4 210%_ Requires Awftjy Heatsink KB PAI 8861. Requires Isolated input or signal Isolator. IL SETTING SELECTABLE JUMPERS. The KBMG-212D has customer selectable jumpers which must be set before the control can be used (refer to fig. 1. p.10). Bold Indicates factory setting. See fig. 12, p. 20 for location of jumpers. J1A, J1 B — Input AC Une Voltage — Select proper input on voltage, I I5VAC or VAC, by placing both J1 and J 1 B in the correct corresponding position, 1115' or "x10." (See fig. t, p. 10.) B. J2—Armature Current—Select the J2 position (1.7.2.6.5-0.7.5, 10) closest to the rated motor current. (Note: The maximum output anent Is set to 150% of the J2 position, which may be readjusted using the FWD CL and REV CL trimpots.) TABLE 1- ELECTRICAL RATINGS OPERATION. The KBMG-212D will vary motor speed or torque as a function of the signal voltage on Input terminals 'SIG" (signal) and 'COM' (common). The input voltage can be derived from the wiper of the main speed potentiometer or from an Isolated analog Input (signal voltage following mode). Since the KBMG-212D is a 4 -quadrant regenerative drive, the motor speed will follow both a positive and negative signal voltage and drive the motor In both the forward direction and reverse direction. In addition, it will apply both forward and reverse torque in order to stabilize motor speed. TABLE 3—GENERAL PERFORMANCE SPECIFICATIONS Parameter Spuxr(tioatfat AC Live :; v9 tlrl a'Audilary Heatsidk Qdodehtla KB voltage Motor �i:.:xMadkgtga P# x` — Armature Voltage Range 230VAC Lire (VDC) blur NA4 210%_ Reid Voltage at 115VAC Lire MIQ Load Cui`e1►t KBMG-212D . 115 0-290 1s.0 1i0lbeHa 1, (0.75) 230 0-2180 16.0 11.0 KBMG-212D 8831 115 0-290 120 8.0 0.75,(0.5) 230 0-2180 120 8.0 1.5, (1.0) — Ourent Ranges (Amps DC) OPERATION. The KBMG-212D will vary motor speed or torque as a function of the signal voltage on Input terminals 'SIG" (signal) and 'COM' (common). The input voltage can be derived from the wiper of the main speed potentiometer or from an Isolated analog Input (signal voltage following mode). Since the KBMG-212D is a 4 -quadrant regenerative drive, the motor speed will follow both a positive and negative signal voltage and drive the motor In both the forward direction and reverse direction. In addition, it will apply both forward and reverse torque in order to stabilize motor speed. TABLE 3—GENERAL PERFORMANCE SPECIFICATIONS Parameter Spuxr(tioatfat `��.. � : Rati1{g.hNiOgUsJOArYt(eafe1l11fctKtiPAY,)}'t 115 or 230 230 1tB voltage ' tutor faax. AC, P# x` — Armature Voltage Range 230VAC Lire (VDC) 0-2 s0, 0 -ilio 0-2180 Reid Voltage at 115VAC Lire MIQ 100,50 KBMG-212D 8831 115 0-290 1s.0 11.0 1, (0.75) 230 0-2180 16.0 11.0 2, (1.5) Speed Range (Wa) 501 OPERATION. The KBMG-212D will vary motor speed or torque as a function of the signal voltage on Input terminals 'SIG" (signal) and 'COM' (common). The input voltage can be derived from the wiper of the main speed potentiometer or from an Isolated analog Input (signal voltage following mode). Since the KBMG-212D is a 4 -quadrant regenerative drive, the motor speed will follow both a positive and negative signal voltage and drive the motor In both the forward direction and reverse direction. In addition, it will apply both forward and reverse torque in order to stabilize motor speed. TABLE 3—GENERAL PERFORMANCE SPECIFICATIONS Parameter Spuxr(tioatfat ftwy sown AC Line IVrd voltage NAC 210% 50/80 Hz) 115 or 230 230 AC Lite Frequency ft) 50/80 — Armature voltage Range 115VAC Lire (VDC) 0-t 90 — Armature Voltage Range 230VAC Lire (VDC) 0-2 s0, 0 -ilio 0-2180 Reid Voltage at 115VAC Lire MIQ 100,50 — Reld voltage at 230VAC Lire (VDC) 2001100 — Max Load Capacity (% for 2 Minutes) Les) 150 — Amsient Temperature Operating Range ("C) 0-50 — Speed Range (Wa) 501 — AnnaUde Feedback Load Regulation (% Bess &peed) 21 — Ted4lenerator Feedback Load Regulation (% Set SpeeM 21 — AC Line Regulation I% Base Speed) 205 — Ourent Ranges (Amps DC) 1.7,25, 5.0, 75, IV 75 Fonrard Act (FACC) and Reverse Aoml (RACC) Range (Sea) 0.1-15 1 Dead Band Range I% Bass Speed) 0-25 1 Max Speed TftW Range I% Base Speed) 55-110 100 IR Camp Range at I I5VAC Lire (VDC @ Full Load) 0-20 5 IR Comp Range at 230VAC Lire (VDC @ Full Load) 0-40 10 Continued next page TABLE 4 -JUMPER J2 POSITION vs MOTOR HORSEPOWER Jumper J2 Position Motor Currant (DC Ampa) Mator mwoopowar HP, (KW) 90VDC 180YDC t0.0A' 1.0, (0.75) 2.0, (1.5) 7.5A 3/4,(0-5) 1%'(1.0) 5.0A V2,(0.37) 1.0, (0.75) 2.5A 4-1/6,(0.12) 1/4.(0.18) 1/2,(0.37) 1.7A 1/3, (0.25) 10.0A setting requires auxiliary heatsink KB PM 9861 C. J3 — Motor Armature Voltage — Select the desired armature voltage by placing J4 In the proper position, A90" or "A180." . Note: For 115 volt AC Ihw Input, J3 musl be set to "A90." For 230 Input, the armature voltage Is normally set for °A180.' However, it Is also possible to set the armature voltage to "A90" for step-down operation. (See fig. 2 and table 5 on page 10.) J11—Tach-Generator Feedback (for use with 1800 RPM motors.) —Jumper J3 Is also used If tach -generator feedback Is to be used. (See fig. 2, p. 10) If a 7 volt per 1000 RPM tach -generator is used, set jumper J4 in the 77" position. Fora 50 volt per 1000 RPM tach -generator, set the jumper In the 750" position. Note: When using tach -generator feedback, the IR Comp trimpot should be turned to a minimum setting (full CCM/). FIG. i —AC LINE VOLTAGE FIG. 2—MOTOR ARMATURE VOLTAGE JUMPER SETTING (JI A, JIB) JUMPER SETTING (J3) D. J4 — Analog Input Voltage — FIG. 3—JUMPER J4 SETTING 115VAC 2WVAC J1A J1A 115V 115V ° 230v o ESV JIB JIB 0 230V Z�/ 115V ttsv ° TABLE 5 — RELATIONSHIP of AC LINE INPUT AND MOTOR VOLTAGE with J1A, JIB and J3 JUMPER POSITION AC UNP INPUT VOLTAGE J1A, JiB POSITION 90VDC 180VDC 115 0 0 T50 so o o T60 J3 ° ° 0 o T7 A180 J3 ° ° T7 A180 Ago ° ° Ago TABLE 5 — RELATIONSHIP of AC LINE INPUT AND MOTOR VOLTAGE with J1A, JIB and J3 JUMPER POSITION AC UNP INPUT VOLTAGE J1A, JiB POSITION J3 POSITION MOTOR VOLTAGE 115 115 so so 230 230 iSO 180 230 230 so' g0' 'A 90VDC motor can be used with a 230VAC line (J3 set In'Ag0° position). However, speed range may be reduced and motor derating may be required. 10 2 eo so so 70 W so 40 30 W 10 0 If the motor torque is greater than the load torque, the motor will rotate. If no load Is applied to the motor, the motor will rotate at a speed proportional to the torque setting as set by the main potentiometer (see fig. 7, p.14). By using the ACCEL and DECEL trimpots, the application of torque can be made more gradual or less gradual as required by the application. A maximum torque can be established using the current selector jumper, J2, which can be further modified by using the FWD and REV CL tdmpots. F. J6—Coast to Stop (CTS), FIG. 5—JUMPER J6 SETTING Regenerate to Stop (RTS) — This function operates In njunction with the Enable it, which is used to start nd stop the control electronically. If the circuit connecting terminals °EN' and Coast to Stop Regenerate to Stop J6 J8 O Aft Set IWIGV RTS RTS 'COM' on terminal block TBi are opened, the control will cause the motor to atop. When jumper J6 Is in the factory position (RTS), the motor will regenerate to a stop. If J6 is changed to the coast to stop (CTS) position, the motor will coast to a stop when the "EN' -'COM' circuit is opened. Note: Control will not run unless a jumper or closed contact Is connected between the "EN" and "COM" terminals. FIG. 7—TORQUE CONTROL MODE (Unear) at 0 to 20 30 40 so Bo 70 so 90 100 APPLM LOAD (rOFV q I%6) n Jumper J4 is set to the "15V" position for potentiometer operation. If the control is to be operated from an Isolated 0 —±1 OVDC signal (see sec. V, F, p. 22.), set J4 to the "10V" position. Potentiometer Operation Signal Following 1ov lov O Aft Set IWIGV 15V 0 75V E. J5 — Control Mode (Speed or Torque). 1. Speed (SPD) Mode—(Note: FIG. 4—JUMPER J5 SETTING Factory setting of J5 is Speed mode.) In the speed control mode (J5 set to SPD), the KBMG-212D will provide variable speed control. The motor speed too so w .. 70 eo A so 4e so >m 10 Speed Mate Torque Mode Supply Who Gauss Matclttum is JS Designation J5 J6 TBI SPD 22 14 3.5 o SPD � o TRO TRO will be in direct proportion to the input signal. Both forward and reverse torque are used to stabilize motor speed. (See fig. 6, p.13.) ii. Torque (TRO) Mode — In the torque control mode (J5 set to TRO), the KBMG-212D will vary the maximum motor torque as a function of the voltage input to terminals 'SIG* (signal) and 'COM" (common). This voltage can be derived from the wiper of the main potentiometer or from an plated analog input (signal voltage following). 11 !bad - MEMO= RNNENEW ■IMe■.■■1'.MM■■M,1 NMEMENINNIMEM I ■I■■■■■■1,■EM■■■'1 ■EMEMM1NNIMEM I 13 IV. MOUNTING. Mount the KBMG-212D on a flat surface In an atmosphere free of moisture, metal chips, and corrosion. See Mechanical Specifications, fig. 13, p. 21. A 5K ohm remote speed potentiometer is provided with each control. Install potentiometer using hardware provided. Be sure to install Insulating disk between potentiometer and inside of front panel. Enclosure —When mounting the KBMG-212D In an enclosure, it must be large enough to allow the proper heat dissipation. A 12"x12'xW enclosure Is suitable when the control Isnot mounted on an auxiliary heatsink. A 12"xl2"x24' endosure is appropriate at ful rating (11.0 amps) when the control is mounted on an audlarytisatsink KB PIN 0661. V. WIRING. ®Lid Wamingl Read Safety Wamfng before attempting to use this control. Warning! To avoid erratic operation do not bundle AC Ihre and motor wires with potentiometer, voltage following, enable,' Inhibit or other signal wiring. Use shielded cables on all signal wiring over 12" (30 cm)—Do not ground shield. TABLE 6—TERMINAL BLOCK WIRING INFORMATION Terminal Block Connection Supply Who Gauss Matclttum Designation Designation Tightening Minimum Mmdmum Torqu (krlbs) TBI Logic Conecdons 22 14 3.5 15 Wire control In accordance with National ElecMCal FIG. 8-10C UNE CONNECTION Code requirements and other local codes that apply. A 'normal blo" 20 amp fuse or circuit breaker should be used on each AC line conductor that is not )0ACa,©m at ground potential (do not fuse neutral or grounded UNE conductors). (See section VI, p. 24 for fuse Information.) Wire control In accordance with n'�m coiftn diagrams (see figures 8,9, 1 OA, 108, 11 and 14 16, 17,19 and 22). A separate AC fine switch ® 1 or contactor must be wired as a disconnect switch so that contacts open each ungrounded conductor of the control. See cwt table 6 for terminal block wiling information. A. AC Una - Connect AC Line to FIG. 9 -ARMATURE CONNECTION terminals L1 and L2. (Be sure jumpers AA and JIB are set to match the AC line voltage used.) (See table 5, p.10.) B. Ground - Be sure to ground (earth) control via green screw located on chassis. Do not ground any other terminals. Mun= C. Motor Armature -Connect motor armature to terminals Mi (+) and M2 (-). (Be sure jumper J3 is set to match motor voltage.) (See table 5, p. 10.) TABLE 7 -FIELD CONNECTIONS (Shunt Wound Motors Only) ACLIn9valtalle AAotor voltage FieldVallap Field Connection 115 8o 100 F+, F- 115 90 5o F+. Ll 230 1811 200 F+, F- 230 180 100 F+, L1 230 or 100 F+, L1 step Doom operation (see see. III C. p. 9). in Speed Potentiometer -The main speed potentiometer can be connected In In ways using terminals "COM; "+15; "SIG' and "-15." A 5K ohm potentiometer is supplied with control. (A IOK potentiometer can also be used.) �m(Wamhtgl Termhals "COM," "+15," "SIO" and "-15" are not Isolated from AC line.) Note: Jumper J4 must be in the "15V" position. L Unidirectional operation only - Connect potentiometer to terminals "COM; +15; "SIG" for forward direction. To operate in reverse direction, connect to COM," 'SIG.- and "-15.' See fig. 11, p. 19. 11. Bidirectional operation only -Connect to terminals "COM; "+15; "SIG," and -15" when using reversing corrals. To operate with a potentiometer, connect to "+15; "SIG; and "-15.' See fig. 11. 8 FIG. 12 - CONTROL LAYOUT (Illustrates Factory Setting of Jumpers and Approximate Trimpot Setfinas) 0 aeo Ce" fr"o " ,500 T7 tC " A180 n a A90 m ❑ b donates otes 00 . J ATRIM0 ❑ POT >ij; O D. Field - For Shunt Wound motors only. Do not use F+ and F- terminals for any other motor type. Connect motor shunt field to terminals F+ and F- for 90VDC motors with 100VDC fields and ISOVDC motors with 20OVDC fields. For motors with half voltage fields, 90VDC motors with 50VDC fields and 18OVDC motors with 10OVDC fields, conned field to terminals F+ and L1. See table 7, p.18 for summary of field connections. FiG. 10A -FULL VOLTAGE FIELD M2 CAUTION - Shunt -Wound motors may be damageel due to m overheating If field remains powered without motor rotating for w an extended period of time. 6- FIG. 11- MAIN SPEED POTENTIOMETER CONNECTIONS A)Forward S) Reverse EN 00M ITACHI+ISV 90 -i5V EN Cdr TACK +I9V 90 -15 Q Q 1 T81 OO919OO OOeleel .rLJ[W-Lji- 1T 78 5K 5K C) Bidirectlonal with Reversing Contact FWD ; STOP • REV' 17 D) Bidirectional with Speed Pot EN I COM TACK+I5V 9G -15V no 0 TB1 - - - - - - No OP m forlitrav raw mstop 5K f� FWD REV 'Note: A jumper must be wired to EN a1 CORA In order for control to operate. ` 19 FIG. 1 S - MECHANICAL SPECIFICATIONS (INCHES / (mmj) I 4—J®_ IBI81�i®I®� 1 I htlo.�uJ 20 2. F. Voltage Fallowing — An Isolated FIG. 14 — VOLTAGE analog voltage can be used in lieu of FOLLOWING CONNECTION main speed potentiometer. Connect signal to terminals "SIG' and TOM-" EN COA1 TACH t15v SIG -1SV Note: Terminal"COM" is common. A 0. Q Q Q positive signal to terminal "SIG" will � 1 ® ® uce a positive ou$put to motor. A live a 19 el -91 s to terminal 'SIG" will T61 Oroduce a negative output. A 0 to 0oi� t10VDC Is required to operate VDC 0 — t10V control from 0 t full output. Note: Jumper J4 must be In the °10V° position. Note: An Isolated signal voltage must be used or catastrophic failure can remit. (A bipolar signal isolator, model SIMG [KB P/N 88321, is available as an option from your distributor.) G. Enable StanMap Circuits — The KBMG-212D contains a 2 -wire stop circuit (Enable), which is used to electronically bring the motor to a 'Mop." An isolated single contact closure Is required. If an Isolated contact is not available, it may be necessary to use an Isolation relay. { *Note. if 2 wire shWatop circuit is not used, a jumper must be wired to EN and COM or control will not operate. l I WARNING! Do not use Start/Stop or Enable functions as a safety L q! disconnect. Use'only an AC line disconnect for that purpose. H. Tech -generator Feedback — The KBMG- 212D is factory set for armature feedback, which provides good load regulation for most applications. For superior load regulation, analog tach -generator feedback can be used. Wire the tach-generetor so that the polarity of the tach -generator is the same with respect to the input'signal polarity (see fig. 17). Note: if tach -generator Is wired with reverse polarity, the motor will run at full speed. Note: Jumper FIG. 17—TACH-GENERATOR FEEDBACK rn mr nw�.Iar w 19Y 000000 �I®®®®®® -G. OC TACH -GENERATOR J3 must be set to the proper position for tach back See sec III, C, p. 9 and fig. 2 on page 10. Note: Check tach voltage larity with respect to input signal 9 polarity does not match reverse tach leads. I7 Q Se sure AC line is disconnected when rewiring tach -generator. FUSING. Armature Fuse — it Is recommended that the correct size armature fuse be Installed, depending on the rating of the motor and form factor (RMS/AVG current). Fuse type should be Litteffuse 326 ceramic or Buss ABC, or equivalent A fuse chart is presented below which suggests appropriate armature fuse ratings. However, the specific application may require larger fuse ratings based on ambient temperature, CL set point and duty cycle of operation (see table 8, p. 25). Fuses may be purchased from your distributor. Wire fuse in series with armature lead. A. Forward Acceleration (FWD ACCEL) and FIG. 18 — ACCEL TRIMPOT ADJUSTMENT Fuse Rating (AC Amps) AccEI. TRouaor sErrlNo Reverse Acceleration 100 t' �g 1.7 7.5 t (REV ACCEL)—The FWD N 4 1/3 3/4 ewe 5 ACCEL trimpot determines snam 8 3/4 1'/x 7.5 12 the amount of time it takes 10.0 20 •loo o./ ISD the control voltage to.reach full output in the forward direction. It also determines the amount of time it takes for the control voltage, in the reverse direction, to reach VN/ zero output. (FWD ACCEL Is the Reverse Decal.) The REV ACCEL trimpot determines the amount of time it takes the control voltage to reach full output in the reverse direction and the time h takes for the control voltage, in the forward direction, ,,reverse reach zero output. (REV ACCEL is the Forward Decal.) The FWD and REV ACCEL trimpots are factory adjusted to approximately 1 second. The acceleration times are adjustable over a range of 0.1 to 15 seconds. See fig. 18 for graphical representation of ACCEL. Note: The FWD and REV CL trimpots may override the rapid aocel and decal settings. 1. Regan to a stop using terminals EN and COM on terminal block T81— Who a contact Is opened between terminals °EN° and "COM; with jumper J6 In th °RTS° position, the motor will regeneratively brake to a rapid stop. Applloatlo note (See fig. 15): if controlled regen to stop Is required, a contact can b Installed in series with the signal °SIG° connection. The braking time will be equc to the REV ACCEL setting when the motor Is in the forward direction, and equt to the FWD ACCEL setting when the motor Is in the reverse direction. Note: J. must be in the "l 5V" position. (See fig. 11 D, p.19.) U. Coast to a stop using terminals "EN" and "COM" on terminal block TBI — coast to stop operation Is required, move jumper J6 -to the coast to stop (CT8 position. When the contact is opened between "EN" and "COM,* the motor wi coast to a stop. See fig. 16. FIG. 15—REGENERATE TO STOP 0f OO is CS1° ® ® R7T5 lauu e GPM TOI TETOSTOP FIG. 16— COAST TO STOP ON O3 A CTS ® ® RTS ° 19VA0L6 OPEN TD IxIAR M 9W *FWD Acyl and REV Accel do not affect the stopping time when the enable circuit Is opened. TABLE 8—ARMATURE FUSE CHART Motor Horsepower Appror. OC Motor Current Amps Fuse Rating (AC Amps) 80VDC 18OVDC 1/8 1/4 1.3 t' �g 1.7 I.0 �•• ��� .►11A ` srs 0 2.5 4 1/3 3/4 ewe 5 1/2 1 5.0 8 3/4 1'/x 7.5 12 1 2 10.0 20 •loo The REV ACCEL trimpot determines the amount of time it takes the control voltage to reach full output in the reverse direction and the time h takes for the control voltage, in the forward direction, ,,reverse reach zero output. (REV ACCEL is the Forward Decal.) The FWD and REV ACCEL trimpots are factory adjusted to approximately 1 second. The acceleration times are adjustable over a range of 0.1 to 15 seconds. See fig. 18 for graphical representation of ACCEL. Note: The FWD and REV CL trimpots may override the rapid aocel and decal settings. 1. Regan to a stop using terminals EN and COM on terminal block T81— Who a contact Is opened between terminals °EN° and "COM; with jumper J6 In th °RTS° position, the motor will regeneratively brake to a rapid stop. Applloatlo note (See fig. 15): if controlled regen to stop Is required, a contact can b Installed in series with the signal °SIG° connection. The braking time will be equc to the REV ACCEL setting when the motor Is in the forward direction, and equt to the FWD ACCEL setting when the motor Is in the reverse direction. Note: J. must be in the "l 5V" position. (See fig. 11 D, p.19.) U. Coast to a stop using terminals "EN" and "COM" on terminal block TBI — coast to stop operation Is required, move jumper J6 -to the coast to stop (CT8 position. When the contact is opened between "EN" and "COM,* the motor wi coast to a stop. See fig. 16. FIG. 15—REGENERATE TO STOP 0f OO is CS1° ® ® R7T5 lauu e GPM TOI TETOSTOP FIG. 16— COAST TO STOP ON O3 A CTS ® ® RTS ° 19VA0L6 OPEN TD IxIAR M 9W *FWD Acyl and REV Accel do not affect the stopping time when the enable circuit Is opened. TABLE 8—ARMATURE FUSE CHART Motor Horsepower Appror. OC Motor Current Amps Fuse Rating (AC Amps) 80VDC 18OVDC 1/8 1/4 1.3 2 1/6 1/3 1.7 2'h i/4 1/2 2.5 4 1/3 3/4 3.3 5 1/2 1 5.0 8 3/4 1'/x 7.5 12 1 2 10.0 20 VII. TRIMPOT ADJUSTMENTS. The KBMG-212D contains trimpots that have been factory adjusted for most applications. See specifications for factory settings. (Note: Fig. 12, p. 20, presents the various trimpots with their location. They are shown in the approximate factory position.) Some applications may require readjustment of trimpots in order to tailor control to exact requirements. Readjust trimpots as follows: B. Note: A 4 -quadrant ACCEL/DECEL accessory module (KB P/N 8834) is available as an option. It provides separate control of FORWARD acceleration and deceleration and REVERSE acceleration and deceleration. 25 FIG.19 — DEAD BAND TRIMPOT ADJUSTMB am Dead Band Trimpot (DB) — The DB trimpot sets the amount of main speed /a/ potentiometer rotation or MWE0ME(bk ND mi DO BM0 MAXEAD Vane analog voltage input required ,W to initiate control voltage output. It is factory adjusted to approximately 250% of rotation. Im The DB trimpot also determines the amount of delay that will occur befo regeneration starts. Regeneration occurs when the applied load torque Is In t same direction as the motor rotation. To readjust the DB to factory setting: I. Set Main Speed pot to zero speed position. Ii. Set DB trimpot to full CCW position. iii. Adjust DB trimpot CW until motor hum is eliminated. (See fig. 19, p. 27 for graphic illustration of the DB trimpot.) Note: If the dead band trimpot is set too low (CCW direction), the motor may oscillate between forward and reverse. Adjust dead band trimpot CW until the instability disappears. (Oscillation may also occur due to RESP and IR COMP trimpot settings. See sec. VII, D & F on page 29.) C. Forward Current Limit (FWD CL) and Reverse Current Limit (REV CL) Trimpots —These trimpots are used to set the maximum amount of DC current that the motor Jen draw in both the forward and reverse directions. The amount of DC current termines the amount of maximum motor torque. They are factory set at 150% of the current established by the jumper J3 setting. Readjust the CL trimpot as follows: 1. Tum CL trimpot to MIN (CCW) position. Be sure jumper J3 is in the proper position approximately equal to the motor DC ampere rating. fl. Wire in a DC ammeter In series with armature lead. Lock shaft of motor. iii. Apply power. Rotate CL trimpot quickly until desired CL setting is reached (factory setting is 1.5 times rated motor current). Be sure control is in forward direction for FWD CL trimpot adjustment and likewise with REV CL. Warning! To prevent motor damage, do not leave motor shaft locked for more than 2-3 seconds. Caution! Adjusting the CL above 150% of motor rating can cause overheating and demagnetization of some PM motors. Consult motor manufacturer. VIII. FUNCTION INDICATOR LAMPS. A. Power On (PWR ON) — Indicates that the drive is energized with the AC line. B. Overload (OL) — Indicates the control has reached the current limit set point which has been established by the position of jumper J2 and the FWD CL and REV CL trimpot settings. In transient load applications, it is normal for this light to blink IX. KBMO-2120 ACCESSORIES • Model SIMQ Bipolar Signal Isolator (PM 8832) — Allows a non -isolated signal source to be used. 0 Multi Speed Board (P/N 8833) — Provides discrete preset speeds which can be controlled from a PLC. • 4 -Quadrant Accel/Decel (P/N 8834) — Provides Independent settings of forward ac cel, forward decet, reverse ac cel and reverse decal. 30 DIN Rail Mounting Kill (PM 9995)—Converts control to standard DIN Rail Mounting — NOTES — D. IR Compensation (IR Comp)—The IR Camp is used to stabilize motor speed under varying loads. Readjust the IR Comp trimpot as foiiows: I. Initially set trimpot to factory position (approximately 10 o'clock). ii. Run motor at approximately 30 — 50% of rated speed under no load and measure actual speed. iii. Load motor to rated current. Rotate IR Comp trimpot so that loaded speed is the same as the unloaded speed measured in the previous step. Control is now compensated so that minimal speed change will occur over a wide range of motor load. Note: Excessive IR Comp will cause unstable (oscillatory) operation. E. Maximum Speed (MAX) — The MAX trimpot is used to set the maximum output voltage of the control which, In tum, sets the maximum speed of the motor. Adjust the MAX trimpot as follows: 1. Rotate Main Speed potentiometer to full speed (CW). Il. Adjust MAX trimpot to desired maximum motor speed. Note: Do not exceed maximum rated RPM of motor since unstable operation may result. F. Response Trimpot (RESP)—This trimpot determines the dynamic response of the control. The factory setting is approximately 509% of full rotation. The setting may be increased if a faster response is required. Note: If response is set too fast, unstable operation may result. 29 —NOTES- 3 —NOTES- 3: 0FINAL ACCEPTANCE MERIDIAN CITY HALL PUBLIC ART PROJECT ExHIBIT D 0 0 • ADDENDUM B to PROFESSIONAL SERVICES AGREEMENT MERIDIAN CITY HALL PUBLIC ART PROJECT This ADDENDUM B to the Professional Services Agreement for Meridian City Hall Artwork is made this ZZ_4 day of September, 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and J. Amber Conger, on behalf of Refinerii, a Limited Liability Company organized under the laws of the State of Idaho ("Artist"). WHEREAS, on February 3, 2009, City and Artist, on behalf of Refinerii, LLC, entered into an Agreement For Professional Services/Meridian City Hall Artwork ("February 3, 2009 Agreement") that included, in Section M.A.5, a requirement that the parties enter into a mutual indemnification agreement as a condition of the City's Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the February 3, 2009 Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby, and in the February 3, 2009 Agreement, acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. INDEMNIFICATION. • Artist hereby indemnifies and saves and holds harmless City, its employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the February 3, 2009 Agreement. Artist specifically hereby indemnifies and saves and holds harmless City from any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property arising as a result of A. Artist's failure, or the failure of any of Artist's agent(s), employee(s), or subcontractor(s), to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the February 3, 2009 Agreement; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, material, sketches, notes or documents created by Artist in the performance of any work or service under the February 3, 2009 Agreement; and/or is D. The malfunction, breakage, or failure of the artwork, or any portion or component thereof, created and installed under the February 3, 2009 Agreement. INDEMNITY AGREEMENT CrrY HAIL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 1 Of 2 0 II. WAIVER. Artist hereby waives and releases, on behalf of herself, her employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages she and/or Refinerii, LLC now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of the performance of any work or service under or related to the February 3, 2009 Agreement. Except as otherwise expressly delineated in the February 3, 2009 Agreement, Artist hereby waives any and all right, title, or interest in items created under, assembled pursuant to, and/or otherwise related to the February 3, 2009 Agreement. M. FEBRUARY 3.2009 AGREEMENT FULLY IN EFFECT. The intent and effect of this Addendum is to fulfill Section III.A.5 of the February 3, 2009 Agreement. Except as expressly set forth herein, this Addendum does not otherwise modify or alter any term or condition of the February 3, 2009 Agreement in any way. The February 3, 2009 Agreement remains in full effect, and all terms and conditions thereof are incorporated in this Addendum as though fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the �'iay of September, 2009. iARTIST: STATE OF IDAHO ) ) ss: County of ) aJjber I HEREBY CERTIFY that on this ln:�-day of't' --' Conger, Owner LCC 2009, before the undersigned, a Notary Public in the State of •/MemV,.R—efinerii, / L ` �,,� Idaho, personally appeared J. Amber Conger, known to me ^ Q�A�t� >a J'�' to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate �, An9 0 F "s��i ,&8�� first above written. ta ®n r*``°�� otary Public fcK-)d_aho Residing at `�1 !Z --Q ----,Idaho My Commission Expires: 5 -&22 —( t.) CITY OF MERIDIAN: Of _ 8„Aycee lifian, City Clerk nn COu42cf ''�, � � y T 1ST • �```. ImEmmw AGREEMENT CrCY HALL ENTRYWAY & COUNCIL CHAMBERS ART PAGE 2 of 2 • • • MERIDIAN CITY COUNCIL MEETING APPLICANT October 6, 2009 SCANNED �q ITEM NO. V _ REQUEST Resolution: 1 - (Q LL : Adopting the State Plan for Deferred Compensation AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached b �q i V Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 6R CITY OF MERIDIAN RESOLUTION NO. ! " TD • BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN ADOPTING THE STATE PLAN FOR DEFERRED COMPENSATION. WHEREAS, the State of Idaho has enacted Idaho Code Section 59-513 which permits the State of Idaho and any county, city or political subdivision of the state, working through it's governing body, to contract with an employee to defer income to a 457 deferred compensation plan; and WHEREAS, the State of Idaho, by the State board of examiners has established and maintains the Deferred Compensation Plan ("Plan") for participation by state employees and by local public employees; and WHEREAS, the City of Meridian, Idaho, (hereinafter referred to as the "Participating Employer") desires to adopt the Plan for participation by its employees; and • WHEREAS, the Participating Employer has also determined that it wished to encourage employee's savings for retirement by offering salary reduction contributions; and WHEREAS, the Participating Employer has reviewed the Plan; and By adopting the Plan, the City of Meridian, adopts the investments and services selected by the State of Idaho Board of Examiners. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. The City of Meridian shall abide by the terms of the Plan, including amendments to the Plan made by the State of Idaho Board of Examiners, all investment, administrative, and other service agreements of the Plan, and all applicable provisions of the Internal Revenue Code and other applicable law. Section 2. The City of Meridian may terminate its participation in the Plan, if it takes the following actions: (a) A resolution must be adopted terminating its participation in the Plan. • RESOLUTION ADOPTING THE STATE PLAN FOR DEFERRED COMPENSATION - PAGE 1 OF 2 (b) The resolution must be filed with the State of Idaho Board of Examiners within fifteen (15) working days of approval by the governing body of the local public body. (c) The resolution must be filed not less than two years after the date of the Employer's participation became effective. The City Attorney/Human Resources, William L. M. Nary, has authority to execute on behalf of the City of Meridian documents to implement the Plan for the City of Meridian, and to take action to correctly maintain the Plan under this Resolution. ADOPTED by the City Council of the City of Meridian, Idaho, this 19�day of m i%,_ I 11• APPROVED by the Mayor of the City of Meridian, Idaho, this W day of ATTEST: By:__ -Lei 4qyyce0,_ Holman, City Clerk APPROVED: Mayor T y de Weerd ,��\\•\�y Of - SEAL = �cr O '9p `ter isl • •r RESOLUTION ADOPTING THE STATE PLAN FOR DEFERRED COMPENSATION - PAGE 2 of 2 SCANNED n LJ MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution: 09'• % O S Copy Machines and Computers October 6, 2009 ITEM NO. 6S Amending City Policy 6.2.2 - Use of City Fax, AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: WATER DEPT: •CITY 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. C :7 • CITY OF MERIDIAN RESOLUTION NO. 09- b 95 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING NUMBER 6.2.2 — USE OF CITY FAX AND COPY MACHINES, AND COMPUTERS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 6.2.2 — Use of City Fax and Copy Machines, and Computers; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this (0 ' V4111— y of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this b'day of a ATTEST: By: Jaycee LYHolman, City Clerk APPROVED: l Mayor ` (SEAL) REAL CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL ,e ` ���6`,2.2 — USE OF CITY FAX AND COPY MACHINES, AND COMPUTERS — 2�Q� • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.2 SUBJECT: USE OF CITY FAX AND COPY MACHINES, AND COMPUTERS PURPOSE: To outline specific guidelines regarding the use of City -owned equipment such as fax and copy machines, computers, etc. POLICY: As per SOP 6.2, all City -owned equipment shall be used for the purpose of meeting the City's operational and business purposes. No unauthorized personal use of City equipment shall be allowed. AUTHORITY & RESPONSIBILITY: Supervisors and Department Directors are responsible to ensure that all City -owned equipment and resources within their areas of responsibility are used for business purposes. PROCEDURES AND RELATED INFORMATION I. GENERAL OFFICE EQUIPMENT AND MACHINES Fax, copy, and other machines are to be used for business purposes. • II. COMPUTERS A. Computers are to be used for business purposes. All computer equipment, including but not limited to records, software, and equipment is City property. B. The City shall have the right to monitor the use of such property at any time. Users shall not have any expectation of privacy as to the use of City computers including but not limited to e-mail communications and internet information that is drafted, accessed, received, sent, forwarded, copied or downloaded. Nothing contained on City computers shall be deemed private or confidential to the user. C. The City, at all times, reserves the right to conduct searches and inspections and otherwise monitor all computer-related information, data, communications, all files stored in City networks owned or leased by the City, or on any other storage medium provided by the City for City business including but not limited to floppy disks, tapes, and compact disks in order to monitor compliance with this policy. D. Employees are not to place personal copies of software or data on any City 0 computer without prior authorization. E. The City may remove any unauthorized program, file, or data on a city 0 computer at any time without notice to the user. IV. VOICE MAIL A. The City's voice mail systems are designed to increase productivity and efficiency, and should be used accordingly. When using voice mail, employees are required to be courteous and respectful. B. Passwords should be kept confidential. Department Directors may have a list of all employee passwords within the department. Passwords may be changed to maintain security. C. The City may randomly monitor messages to determine whether any unauthorized persons are using the system, or whether any violations of City policy have occurred. 0 9 0 • SCANNED MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 6T REQUEST Resolution: lLl �� : Amendment to City Policy 6.2.6 - Personal or City Issued Cell Phones AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached 4 0� �, � 8(p Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • • CITY OF MERIDIAN RESOLUTION NO. 09- & Ao BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING NUMBER 6.2.6 — PERSONAL OR CITY ISSUED CELL PHONES POLICY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 6.2.6 — Personal or City Issued Cell Phones; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this U y day of 0 CA 69�14 , 2009. 11 APPROVED by the Mayor of the City of Meridian, Idaho, this �0d y of O Com) 2009. ATTEST: By: Jaycee 9 Holman, City Clerk APPROVED: Mayor (SEAf ) SEAL X2.6 — ,//411111111 111100-o i100- CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL PERSONAL OR CITY ISSUED CELL PHONES - 2009 • CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.6 SUBJECT: PERSONAL OR CITY ISSUED CELL PHONES PURPOSE: The purpose of this policy is to provide a set of guidelines governing the use of both personal or city issued cell -telephones by City employees and to provide guidelines, criteria and conditions for reimbursement for business use of personal cell telephones. POLICY: While at work, employees are to exercise the same discretion in using personal cell phones as they do for City issued cell phones. Excessive personal calls during the workday, regardless of the phone used, interfere with employee productivity and can be distracting to others. Therefore, excessive personal calls (regardless of the phone used) during an employee's workday are prohibited. No rights or continuing obligations shall be established by this policy. AUTHORITY & RESPONSIBILITY: Department Directors have the authority and responsibility to manage their employees and the need and use of cell phones for City business. Department Directors are responsible to ensure that employees that need to use • cell phones to conduct City business are doing so and that the usage and need is appropriate. Directors have the final approval over whether an employee is provided a city issued cell phone, reimbursed for the use of their personal cell phone, or whether the employee can use their personal cell phone during work time. PROCEDURES AND RELATED INFORMATION I. DESK TELEPHONES City telephones are to be used for business purposes. All incoming or outgoing personal telephone calls must be of short duration. II. CELL PHONES A. CITY ISSUED 1. PHONES ISSUED TO A LOCATION, VEHICLE, OR POSITION Some city issued cell phones are assigned to a location, vehicle, or position. (i.e. Settler's Park splash pad, fire engine; on-call responder) The purpose of these phones is to perform the necessary duties or responsibilities of the assignment. These phones may only be used for business purposes only. Personal use of these phones is strictly • prohibited. Use of the city phone to notify a family or household member of the work schedule or related business information is allowed. • 2. PHONES ISSUED TO INDIVIDUAL EMPLOYEES The City recognizes the need to assign phones to individual employees based upon the needs of their position. The City may also not want employees that are assigned phones to also carry personal cell phones in the work place at the same time. Employees that are assigned City issued cell phones may be prohibited from using a personal cell phone during their work. Personal use of the City cell phone during business hours must be approved by the Director. If personal use is allowed then employees will be assessed the IRS taxable benefit percentage for the assigned phone. If allowed during work hours then all incoming or outgoing personal telephone calls must be of short duration, but can never interfere with the employees' assigned work. B. PERSONAL CELL PHONE 1. REIMBURSEMENT Some employees may need to use cell phones to conduct legitimate City business and such use is regarded as a necessity. Such employees may already have a cell phone and service for their personal use. It is • cumbersome and generally undesirable to carry two cell phones; therefore, in these cases, the City may provide a cell phone allowance per month for employees who must regularly use his/her personal cell phone for work purposes, subject to the following conditions: a. The Department Director must first authorize the employee to use his/her personal cell phone for City business. An authorization form shall be signed by the Department Director. The employee, Human Resources, and Finance and shall retain a copy of this authorization form. The authorization form will identify the employee and the employee's personal cell phone number. b. Employees utilizing this policy and receiving compensation for personal cell phone use for City business will be expected to maintain the cell phone in good working order and be available for City business calls as needed and as reasonably expected. C. Employees' cannot receive a reimbursement that is greater than the total cost of the monthly service. Employees are not reimbursed for any tax paid for the cell service. If granted by the Director, reimbursement for cell service shall be a minimum of $10.00 and a maximum of $50.00. Once determined the amount shall remain fixed unless the service is • discontinued or the cost decreases. Any reimbursement over $50.00 per month must be approved by the Mayor. • d. The employee is responsible for turning in the fir -A page necessary documentation of his/her cell phone bill to document that the employee still has the cell phone to his/her supervisor and to request their reimbursement. e. The City will not be liable for the loss of personal cellular phones brought into or used in the workplace. f. The employee is responsible for the administration and payment of all personal cellular phone bills and in no way will create financial liability for the City beyond the amount agreed to by the Department to be paid as the stipend. g. Employees that receive reimbursement shall be taxed on the entire amount of the reimbursement. C. BLACKBERRY/"SMARTPHONE" or SIMILAR SERVICE Certain employees may be assigned/allowed "Blackberry" or Smartphone or similar service on their cell phone. If necessary the City may purchase the necessary device for this service. If purchased by the City then the device shall remain the property of the City. The employee may be reimbursed for this service if the service is provided on the employees' personal cell phone. This reimbursement shall not be taxed. This reimbursement is separate from the reimbursement for cell service. If the service becomes unnecessary the City shall no longer provide reimbursement. The reimbursement provided by the City shall establish any right by the employee to receive it. The City may decide to eliminate the reimbursement or change the conditions of it at any time. MODIFICATION OR TERMINATION The City reserves the right to modify or terminate any and all conditions of this policy depending upon changing needs as defined by the City. 0 is • SCANNED MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANTITEM NO. W REQUEST Resolution: OCI- i'D 0cc '� : Appointment of Eric L. Jensen to Meridian Development Corporation AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: /fig CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Eailed: Staff Initials: 0rn Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. 09-coP BY THE CITY COUNCIL: BIRD, HOAGLUN. ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING ERIC L. JENSEN TO SEAT 7 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that action further established its members and terms of their appointments; and WHEREAS, Eric L. Jensen may be appointed to complete the term of Seat 7 of the Meridian Development Corporation; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective appointment of Board Member iEric L. Jensen as recommended described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Eric L. Jensen shall be appointed to complete the term of Seat 7 of the Meridian Development Corporation, which term shall run through August, 2010. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this � —day of Q-6 X11-- , 2009. ` APPROVED by the Mayor of the City of Meridian, Idaho, this day of OcAtb\a#�, 2009. Of M aAr T y e Weerd • ATTEST: $ AL By. Jaycee Holman, Cit3�Cl �►� �`� p RESOLUTION APPOINTING ERIC L. JENshN Ti 1E IAA E1j,L% OPMENT CORPORATION — PAGE 1 OF I Eric L. Jensen 3650 N. Park Crossing Ave. Meridian, ID 83646 September 14, 2009 Mayor Tammy De Weerd City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Dear Mayor De Weerd: I spoke with your office on Friday afternoon and, as promised, I am enclosing a copy of my resume for the recent vacancy on the board of commissioners for the Meridian Development Corporation. As an area native I'm seeking this appointment to participate in helping to. shape and grow the area that I have always called home. I have always seen the potential for a thriving and vibrant downtown Meridian and feel it is important to help maintain the character and identity of our city. • Should I be appointed, I will work diligently to share the insights I have gained while helping families call Meridian their own. I believe that I can bring an understanding of the market and a passion for the renovation and rejuvenation of our city's core that will allow me to help the commission make educated and informed decisions regarding our city's future. If you have questions, please call me at (208) 841-4283. I look forward to hearing from you soon. Sincerely, Eric L. Jensen 0 • Eric L. Jensen 3650 N. Park Crossing Ave., Meridian, Idaho 83646 208 8414283 Eric@Ida-hoSmartAgents.com OBJECTIVE A position as a commissioner with the Meridlan Development Corporation COMMUNITY SERVICE FIISTROY • Graduate of the Idaho Realtors Leadership Academy - 2003 Idaho Association of Realtors Strategic Planning Task Force - 2004 • ACAR Board of Directors - 2007 -present • ACAR Political Affairs Committee — 2008 -present • Heritage Commons Homeowners Association Facilities Committee — 2006-2008 EMPLOYMENT HISTORY REALTOR®, Broker, Owner 2008 -current S. M.A. R.TAgents Real Estate Team @ Specialty Group, Inc. , Merl die n, ID • Broker for 8 agents at Specialty Group, Inc. • Manage dally operations, review purchase and sale contracts, and. provide training for agents and staff. • Find and negotiate the purchase of homes For buyers. • Market Homes and. negotiate contracts for sellers. REALTOR®, co-owner 2002-2008 The Jensen Group @ RE/MAX West, Boise, ID • Co-founded the Jensen Group with my Father. • Created marketing and sales materials for both home buyers and home severs. • Oversaw and managed small team of 4 agents. Merchandising Manager 1999-2002 R.C. Willey, Meridian, ID • Oversaw inventory control and merchandise ordering for the electronics department. • Managed a team of 5 employees who created and maintained displays for televisions, stereos, appliances, and consumer electronics. EDUCATION Diploma 1995 Centennial High School, Boise ,ID Real Estate License 1998 Pioneer Real Estate School, Boise ,ID 0 • • n U MERIDIAN CITY COUNCIL MEETING October 6, 2009 $CANNED APPLICANT ITEM NO. 7B1 REQUEST Authorization for Negotiation and Agreement for Professional Services for Energy Grant AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: IfIQ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 1 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. • :7 W W 0 Z Y Z 9 Z 0 U J a o� O m J m a o LU m g z z v v A �� F G r �a Ad 0 MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT Hawkins Companies ITEM NO. 9A -B REQUEST Continued Public Hearing from June 9,2009: AZ 08-005 and VAR 08-008 Meridian and Amity by Hawkins Companies AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: A CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • • MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. 10 REQUEST Ordinance No. 0q - iq�O Update of Outdoor Sales and Temporary Uses Code AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. . NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 09- 1 q 30 PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY OUTDOOR SALES AND TEMPORARY USES ORDINANCE An Ordinance of the City of Meridian amending Title 3, Chapter 4 of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. rL AJIU a 0 - City of M61idian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: /0-6 - IX9 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES�NO Second Reading: Third Reading: is STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 09 - 0 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 09- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A(3). DATED this 9 day of �1 '2009. William. L.M. Nary City Attorney OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 38 OF 38 CITY OF MERIDIAN ORDINANCE NO. L*a - I q'5 Q • BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPLACING CHAPTER 49 TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES: DEFINTIONS; MOBILE SALES UNITS; TEMPORARY USES; CITIZEN'S USE PERMITS; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, and 08-1356, the City Council of the City of Meridian adopted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; WHEREAS, the permitting procedure and standards have been found to generally accommodate outdoor sales and temporary uses that complement existing City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available to City of Meridian residents; and that support and encourage community events and celebrations; WHEREAS, the amendments to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the process and standards of such ordinance, specifically: • 1. To clarify the intent of the City Council of the City of Meridian that each individual person acting as or operating a Mobile Sales Unit in the City of Meridian shall be required obtain a City of Meridian Mobile Sales Unit License, and that no person may share or operate under another's Mobile Sales Unit License; 2. To require the expiration of Mobile Sales Unit Licenses one year after the date of issuance in order to allow the City to review updated criminal records and other background information upon re-application; 3. To set an appeal period for appeals of issuances, denials, and revocations of Mobile Sales Unit Licenses; 4. To allow temporary uses at indoor locations, subject to standards designed to protect the health and safety of persons and property involved in such uses; 5. To clarify the details to be represented on site plans in order to best protect the health, safety, welfare, and convenience of the public; and 6. To address air quality impacts of temporary uses by establishing standards that will ameliorate fugitive dust emissions from vehicle and pedestrian traffic into; out of, and on temporary use sites. U NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: OCTOBER 2009 UPDATE OUTDOOR SALES ARID TEMPORARY USES ORDINANCE PAGE 1 OF 38 Section 1. That Title 3, Chapter 4, of the Meridian City Code shall read as follows: • CHAPTER 4 OUTDOOR SALES AND TEMPORARY USES 3-4-1: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right to petition. This definition shall not include activity that damages, harms or injures persons or property. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term GARAGE SALE. This definition shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods and/or services are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade, or giveaway; and which or whom: a. Does not remain within any 300 -square -foot area for more than two (2) consecutive hours within any twenty -four-hour (24-hour) period; and b. Is neither located on the premises of, nor physically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery. 2. A MOBILE SALES UNrr may travel and/or consist of any form of conveyance or • OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 3 $ transport, including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other is container, or other form of offering, displaying, or storing goods and/or services. 3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. 4. This definition shall not include the delivery of goods or services to a residence or place of business pursuant to a sale, trade, giveaway, or order previously transacted or placed with a commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door-to-door. E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities, and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event is held. F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs: 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. t This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300 -square -foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 38 �J include work or labor that is to be offered, sold, or undertaken at another time or location, or that serves as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time or location. K. SPECIAL EVENT: 1. A planned or foreseeable commercial, recreationathering l, or expressive activity or ga of persons which: a. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and b. Takes place, whether entirely or partially: (1) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or (2) On any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) On or in any area open to the public. 2. SPECIAL EVENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMENT ACTIVITY, occurring on streets or sidewalks within the City or in or on City property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of City services to a degree over and above that which the City routinely provides, nor compromises the ability of the City to respond to a public safety emergency; c. Funeral processions; or d. Programmed activities provided or managed by the City. L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of dwellings constructed or to be constructed within the subdivision in which such model home is located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 38 0 M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a SUBDMSION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDMSION MODEL HOME shall apply. N. TEMPORARY INDOOR EVENT: The use of an interior space of a building or portion thereof for a use or purpose that differs from the building's principally permitted and/or approved accessory use(s). O. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which remains within any 300 -square -foot area for more than two consecutive hours within any twenty-four hour period. A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks, which shall be governed by Title 5, Chapter 4, Meridian City Code. P. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and 2. Is not permanently mounted or secured. This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of City Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. Q. TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY USES shall include, but shall not be limited to, SUBDMSION MODEL HOMES, SUBDIVISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, TEMPORARY INDOOR EVENT, SPECIAL EVENTS, OUTDOOR MARKETS, and GARAGE SALES. The definition of TEMPORARY USE shall not include City management and/or permitting of City facilities or usages otherwise governed by City ordinance or policy. Any TEMPORARY USE established or operated within a park or facility operated by the City of Meridian Parks and Recreation Department shall be deemed to be either a SPECIAL EVENT or OUTDOOR MARKET. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 38 34-2: MOBILE SALES UNITS: A. License and/or permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. S. A City of Meridian Mobile Sales Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: (1) A completed application form provided by the City Clerk, which form shall 0 include: (a) Applicant's name, physical address, mailing address, driver's license number, and social security number. (b) A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the Mobile Sales Unit License. (c) A description of the form of conveyance or transport to be used in the MOBILE SALES UNrr's operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. (d) A description of any and all motor vehicles to be used by the MOBILE SALES UNrr, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (e) A description of the hours, locations, and means at and by which the MOBILE SALES UNIT will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (f) A comprehensive listing of any infraction, misdemeanor and/or felony is convictions; probation violations; or forfeitures of bail by or of the applicant. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY UsEs ORDNANCE PAGE 6 OF 38 • (g) An agent upon whom service of process may be made in the State of Idaho. (2) Application fee as set forth in fee schedule. (3) Two (2) photographs of the applicant. Such photographs shall be two inches by two inches and shall show the head and shoulders of the applicant in a clear and distinguishable manner. (4) A photocopy of applicant's driver's license or other government -issued identification document. (5) Fingerprints, taken by the Idaho State Police, of the applicant. (b) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Mobile Sales Unit License. Such insurance shall name the City as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage. b. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. c. Upon receipt of the findings of the Chief of Police or his designee, but no later than twenty-one (21) calendar days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Mobile Sales Unit License to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian Mobile Sales Unit License, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Mobile Sales Unit License where: (1) The application is incomplete or required application materials or fees have not been submitted; OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 of 38 (2) Investigation of such application or application materials reveals that provided • information is invalid, false, or incomplete; (3) The applicant has been convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; theft, fraud, deception, or illegal sales of any goods or services; (4) The applicant has been convicted of any felony or of any violation of this section; or (5) The applicant is required by any law or legal order to register as a sex offendcr. e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. • f. The City of Meridian Mobile Sales Unit License shall include, on its face: (1) The name of the individual licensed to operate or act as a MOBILE SALES UNIT within the City under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance. g. A City of Meridian Mobile Sales Unit License shall not be required for: (1) FIRST AMENDMENT Acrrvrnt on public or private property. (2) A MOBILE SALES UNIT that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or Is place. Such invitation may be extended explicitly by such occupant or owner, or OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 8 OF 38 may be extended implicitly by such occupant or owner by such occupant or • owner's transaction of business with such Mobile Sales Unit within the previous three hundred sixty-five (365) days. Such invitation may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3) Any sale, trade, gift, offer, or display required by court order or by law. (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. • h. The City Clerk may revoke a Mobile Sales Unit License where: (1) A term or condition of the license is violated by the licensee. (2) In the course of operating or acting as a MOBILE SALES UNIT, the licensee violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. (4) The licensee is convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; or theft, fraud, deception, or illegal sales of any goods or services. (5) The licensee is convicted of any felony. (6) The licensee is required by any law or legal order to register as a sex offender. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person within fourteen (14) days of such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 9 OF 38 B. Time of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a time of day that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr upon a date that is outside the scope of a valid, current Mobile Sales Unit License. C. Place of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a location that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a MOBILE SALES UNrr in violation of any generally applicable provision of Meridian City Code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr or allow such operation or activity in any area of the City or in any manner prohibited by the Meridian Unified Development Code. 4. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr or allow such operation or activity in or on any City building, or City property other than a City Park, without the prior written or recorded consent of City Council. D. Manner of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the MOBILE SALES UNIT is or utilizes a motor vehicle or other mode of transportation, a valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr if a Mobile Sales Unit License is not exhibited as required by this section. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrr where such person is not specifically licensed under a valid, current Mobile Sales Unit License. 4. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the is purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 10 OF 38 trade, or giveaway goods or services that are outside the scope of a valid, current Mobile Sales Unit License. 5. It shall be unlawful for any person operating or acting as MOBILE SALES UNIT to operate a musical instrument or amplification device from such MOBILE SALES UNIT where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to: a. Misrepresent his or her purpose or affiliation; b. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such MOBILE SALES UNIT. c. Represent the issuance of any license under this Chapter as an endorsement or recommendation of such licensed activity. E. Penalty. A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this • chapter continues or occurs may be deemed a separate and distinct violation. F. Enforcement. Peace officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. • OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE I I OF 38 • 3-4-3: TEMPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any TEMPORARY USE without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state, or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. S. A City of Meridian Citizen's Use Permit, where applicable. 6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: FIRST AMENDMENT . AcTIvITY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE SALES; or fireworks sales. C] a. Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: (1) The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a TEMPORARY USE within the City under the Temporary Use Permit. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (3) A description of the use, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Temporary Use Permit. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 12 OF 38 (4) A description of any structures that will be used in the course of activities, sales, • trades, giveaways, offers, and/or displays under the Temporary Use Permit. (5) A description of any and all motor vehicles to be used by or in the course of the TEMPORARY USE, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (6) Site plan(s), floor plans, and/or map(s), which shall indicate the location(s) of any and all components of the proposed TEMPORARY USE, including, but not limited to, any and all items listed in this subsection. Where any material change is made to an approved plan prior to or upon set-up of the TEMPORARY USE, an updated plan shall be submitted to the City and approved prior to operation of the use. The plan(s) and/or map(s) shall include, but need not be limited to, the following: (a) structures, (b) displays, (c) goods, (d) vendors, 0 (e) scheduled events, • (f) restrooms, (g) first aid stations, (h) drinking water sources, (i) garbage receptacles, V) generators and any other mechanical equipment, (k) cooking equipment (1) TEMPORARY SIGNS, (m)devices of a carnival nature (e.g. pennants, strings of lights, ribbons, streamers, spinners, twirlers, propellers, and bubble machines), (n) entrance/exit drives, (o) areas and surfaces upon which vehicles will be driven, OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 13 OF 38 (p) areas and surfaces upon which vehicles will be parked, and/or • (q) sediment traps. (6) A description of the dimensions, quantity, and locations of any and all TEMPORARY SIGNS that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the TEMPORARY USE. (7) Permission of owners of property upon which such TEMPORARY SIGNS will be installed, erected, posted, or displayed. (8) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. (9) Written permission of owners of all property or properties upon, through, or across which such TEMPORARY USE shall operate and/or occur. (10) A description of the plan for the management and/or control of persons and/or crowds at the site(s) of such TEMPORARY USE, including, but not limited to: the number and qualifications of any security personnel to be deployed; defensive and offensive equipment and/or techniques to be utilized by or available to such security personnel, including vehicles, weapons, and/or barriers; the method(s) by which persons or crowds will be moved, dispersed, and/or evacuated in the normal course of the TEMPORARY USE and/or in case of emergency; and the method(s) by which information will be relayed to persons and crowds at the site(s) of such TEMPORARY USE in case of emergency. (11) The plan for clean-up, tear -down, and/or removal of the TEMPORARY USE and the site(s) upon which it occurs or is operated, including, but not limited to, the removal of any and all: structures, displays, restrooms, TEMPORARY SIGNS, garbage, litter, temporary ground cover, straw, and hazardous materials. Sediment traps may remain in place. (12) An agent upon whom service of process maybe made in the State of Idaho. (13) Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the • provisions of the Idaho Administrative Procedures Act. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 14 OF 38 • b. Upon receipt of all application materials required by this section, the City Clerk or designee shall determine, and shall endorse upon the application findings and determinations regarding: (1) The validity and completeness of the information therein; (2) Whether the proposed TEWORARY USE may be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter, and (3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE will occur. c. Upon issuance of the findings, the City Clerk or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use Permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S, mail or personally delivered to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Temporary Use Permit where: • (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The proposed TEMPORARY USE will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; or (4) A violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE is proposed to occur. e. The City Clerk or designee shall issue or deny Temporary Use Permit within twenty- one (21) calendar days of receipt of a complete application for such license. f. Appeal of the City Clerk's issuance or denial of an application for a Temporary Use Permit may be made by the applicant within fourteen (14) days of such issuance or denial. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City • Council meeting within thirty (30) days. The City Council's decision on such appeal OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 15 OF 38 shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. g. The City of Meridian Temporary Use Permit shall include, on its face: (1) The name(s) of the permitee and any employees and/or persons permitted to operate or carry on a TEMPORARY USE within the City under such permit; (2) The time(s), date(s), place(s), and manner at and by which the TEMPORARY USE is permitted to occur; (3) A description of the stmcture(s) that may be erected under such permit; (4) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY SIGNS that may be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and (6) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, • including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. h. In addition to any and all other applicable civil or criminal penalties, the City Clerk may revoke a City of Meridian Temporary Use Permit where: (1) Any term or condition of the permit is violated by the permitee or by any employee or person operating or acting under such permit. (2) In the course of operating a TEMPORARY USE, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. (4) The site, set-up, and/or operation of the TEMPORARY USE and/or any component thereof varies materially from the approved site plan. The City Clerk shall notify the permitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 16 of 38 • i. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Standards for All TEMPORARY USES. The following regulations on the time, place, and manner of TEMPORARY USES shall apply generally to any and all TEMPORARY USES. 1. Failure to obtain Temporary Use Permit. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a Temporary Use Permit without first obtaining a City of Meridian Temporary Use Permit. 2. Compliance with Temporary Use Permit. It shall be unlawful for any permitee or any employee or person acting under a Temporary Use Permit to violate or fail to comply with any term, condition, or standard set forth in such City of Meridian Temporary Use Permit. 3. Time of use. It shall be unlawful to operate or to allow or cause the operation or • occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. 4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridian Temporary Use Permit. 5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit in any manner other than that designated in a valid City of Meridian Temporary Use Permit. b. Parking, driving, and access. Any person operating or causing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, shall: a. Provide adequate off street parking to serve such TEMPORARY USE. No TEMPORARY USE shall displace the required off street parking spaces or loading areas of the principal permitted uses on the site, except where street closure is approved pursuant to a validly -issued City of Meridian Citizen's Use Permit. b. Prohibit and prevent the operation and/or parking of vehicles on combustible surfaces or materials. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 17 OF 38 c. Provide driving and/or parking surfaces that are designed to prevent traffic hazards and nuisances. d. Between June 1 and October 31, inclusive, operate, park, or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. (2) Asphalt. (3) Grasscrete. (4) Pavers. (5) Bricks. (6) Macadam. (7) Natural turf. (8) Recycled asphalt, where such material is approved for the site's principal • permitted use by a certificate of zoning compliance validly issued by the City of Meridian. (9) Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical dust suppressant. e. Between November 1 and May 31, inclusive, operate, park, and/or allow the operation or parking of motorized vehicles only on surfaces composed of one of the following materials: (1) Concrete. (2) Asphalt. (3) Grasscrete. (4) Pavers. (5) Bricks. (6) Macadam. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 18 OF 38 • (7) Recycled asphalt, only where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. (8) Natural turf, gravel, or soil, only where all entrance and exit drives to the site are either paved or include sediment traps at each and every transition between paved to unpaved surfaces that meet the following standards: (a) Each sediment trap shall be constructed and maintained in a manner that effectively prevents tracking and/or flow of mud, soil, and/or sediment onto public rights-of-way. It shall be unlawful to allow mud or soil to be tracked or to flow onto public rights-of-way from the site of a temporary use. (b) Each sediment trap shall extend the full width of the entrance and/or exit drive. (c) Each sediment trap shall be a minimum length of thirty feet (30'). (d) Each sediment trap shall include a six-inch (b") base layer of fractured stone over the entire width and length of the sediment trap. 7. Vision triangle. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to interfere with the clear vision triangle. 8. Right-of-way. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to operate or cause or allow the operation or occurrence of any TEMPORARY USE within the public right of way, unless otherwise authorized by a validly issued City of Meridian Citizens Use Permit. 9. Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, within required street buffer for arterial and collector roadways and/or land use buffer landscape areas. 10. Structures. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Construct or cause the construction of any permanent structure. OCTOBER 2009 UPDATE OUTDOOR SALEs AND TEMPORARY USES ORDINANCE PAGE 19 OF 38 b. Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. c. Fail to remove a structure utilized in the operation of such TEMPORARY USE at the end of the time period allowed by a City of Meridian Temporary Use Permit or by other law. d. Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any TEMPORARY USE within the required setback, required land use buffer, and/or the required street buffer for arterial and collector roadways. 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to: a. Establish and/or utilize more than one caretaker unit. b. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance. c. Fail to remove any caretaker unit at the end of the time period allowed by a City of Meridian Temporary Use Permit or by law. 12. Noise. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a residential district. 13. Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to fail to remove waste from any TEMPORARY USE site. 14. Unobstructed sidewalk. Where a sidewalk or pedestrianway is obstructed in the course of the conduct of a TEMPORARY USE, a minimum width of four feet (4') of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of a TEMPORARY USE obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such TEMPORARY USE to fail to ensure that a OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 20 OF 38 minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. C. Standards for Specific TEMPORARY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the following standards for time, place, and manner of operation or occurrence of specific TEMPORARY USES shall also apply. 1. Standards for SUBDIVISION MODEL HOMES. a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. c. A SUBDIVISION MODEL HOME shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME within a structure that is not suitable for sale and/or use as a residential dwelling unit. While such residential dwelling unit is temporarily used as the SUBDIVISION MODEL HOME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where such SUBDIVISION MODEL HOME does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. d. The principal use of the SUBDIVISION MODEL HOME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION MODEL HOME is located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION MODEL HOME as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDIVISION MODEL HOME may be operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots or newly -constructed dwellings are for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION MODEL HOME. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 21 OF 38 • (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION MODEL HOME. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME identifying, promoting, advertising, or directing patrons to such SUBDIVISION MODEL HOME. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME upon any property other than that property upon which the SUBDIVISION MODEL HOME is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 2. Standards for SUBDIVISION REAL ESTATE SALES OFFICES. a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDIVISION MODEL HOME. b. The operation of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1) A City of Meridian Temporary Use Permit. (2) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. c. A SUBDIVISION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot or lots which OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 22 OF 38 • is/are not within the subdivision containing the lots and/or dwellings being sold from such SUBDIVISION REAL ESTATE SALES OFFICE. d. The principal use of the SUBDIVISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDIVISION REAL ESTATE SALES OFFICE may remain only until there are no newly constructed lots or dwellings for We or rent within the subdivision in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where no lots or newly constructed dwellings are for sale or rent unless such SUBDIVISION REAL ESTATE SALES OFFICE is converted to a dwelling in accordance with all applicable provisions of law, including Title 10 of the Meridian City Code. f. A SUBDIVISION REAL ESTATE SALES OFFICE shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where such SUBDIVISION REAL ESTATE SALES OFFICE does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION REAL ESTATE SALES OFFICE. (1) No more than one (1) TEMPORARY SIGN per one (1) SUBDMSION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDIVISION REAL ESTATE SALES OFFICE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 23 OF 38 • (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDMSION REAL ESTATE SALES OFFICE upon any property other than that property upon which the SUBDMSION REAL ESTATE SALES OFFICE is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 3. Standards for PROMOTIONAL SALES UNITS. a. The operation of a PROMOTIONAL SALES UNIT without the following valid and current licenses, permits, and/or certifications shall be a violation of this Chapter: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL SALES UNrr in a residential district. c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and sixty (160) days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 24 OF 38 (1) No more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT is shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall not exceed thirty-two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet. (3) it shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT upon any property other than that property upon which the PROMOTIONAL SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing • patrons to a PROMOTIONAL SALES UNIT shall be removed within twenty-four (24) hours of the conclusion of such TEMPORARY USE. 4. Standards for TEMPORARY INDOOR EVENTS. a. The operation of a TEMPORARY INDOOR EVENT shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner of the property on which the TEMPORARY INDOOR EVENT is to be located. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 25 OF 38 • b. It shall be unlawful to operate or cause the operation of a TEMPORARY INDOOR EVENT in a structure that is solely approved for residential occupancy. c. TEMPORARY INDOOR EVENTS shall be limited to a period of time not to exceed three (3) days per event. d. A TEMPORARY INDOOR EVENT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY INDOOR EVENT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY INDOOR EVENT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (l) TEMPORARY INDOOR EVENT identifying, promoting, advertising, or directing patrons to such TEMPORARY INDOOR EVENT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY bu=R EVENT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT upon any property other than that property upon which the TEMPORARY INDOOR EVENT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY INDOOR EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. 5. Standards for TEMPORARY SALES UNITS. a. The operation of a TEMPORARY SALES UNrr shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. OCTOBER 2009 UPDATE OUTDOOR SALEs AND TEMPORARY USES ORDINANCE PAGE 26 of 38 • (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Written consent of the owner of the property on which the TEMPORARY SALES UNIT is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY SALES UNIT in a residential district. c. For TEMPORARY SALES UNITS that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed sixty (60) days, whether such days are consecutive or not, per property per calendar year. The location of a TEMPORARY SALES UNIT on a site for any portion of a day shall constitute one (1) day for purposes of this section. d. TEMPORARY SALES UNITS may utilize no more than one (1) structure. Such structure shall not exceed seven hundred (700) square feet. It shall be unlawful to utilize more than one (1) structure in the operation of a TEMPORARY SALES UNIT. It shall be unlawful for any structure utilized in the operation of a TEMPORARY SALES UNIT to be more than seven hundred (700) square feet. It shall be unlawful to utilize any structure in the operation of a TEMPORARY SALES UNIT without any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. e. A TEMPORARY SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY SALES UNIT. (1) No more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT identifying, promoting, . advertising, or directing patrons to such TEMPORARY SALES UNrr. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 27 OF 38 (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT upon any property other than that property upon which the TEMPORARY SALES UNIT is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. 6. Standards For SPEmL EVENTS: a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL EVENT without the following: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, inspections, and/or certifications required by Title 10 of the Meridian City Code. (6) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner(s) of any and all property or properties on which the SPECIAL EVENT is to occur. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 28 of 38 (8) Proof of an insurance policy, issued by an insurance company licensed to do ibusiness in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the SPECIAL EVENT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any SPECIAL EVENTS ORGANIZER, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a SPECIAL EVENT includes MOBILE SALES UNITS, such MOBILE SALES UNITS shall be exempt from the requirement to obtain City of Meridian Mobile Sales Unit License, provided that this exemption shall apply only to such MOBILE SALES UNITS represented on the site plan(s) or map(s) submitted by the ORGANIZER in application for a validly issued City of Meridian Temporary Use Permit; and further provided that such exemption shall apply only for the time, at the place, and in the manner specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. C. SPECIAL EVENTS shall be allowed for a period not to exceed fourteen (14) days within 0 any ninety (90) day period. d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL. EVENT in a residential district, except that; (1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City of Meridian Citizen's Use Permit may be required. (2) SPECIAL EVENTS involving a route, such as races, parades, or marches may be permitted in residential districts, so long as such SPECIAL EVENTS both start and end in nonresidential districts. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT. (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than two hundred (200) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 29 OF 38 directing patrons to a SPECIAL EVENT. No more than twelve (12) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such SPECIAL EVENT. 7. Standards for OUTDOOR MARKETS: a. It shall be unlawful for an ORGANIZER of an OUTDOOR MARKET, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an OUTDOOR MARKET without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (b) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (7) Written consent of the owner of the property on which the OUTDOOR MARKET is to be located. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OUTDOOR . MARKET. Such insurance shall name the City as additional insured, and shall OCTOBER 2009 UPDATE OUTDOOR SALEs AND TEMPORARY USES ORDNANCE PAGE 30 OF 38 provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET in a residential district. c. OUTDOOR MARKETS shall be allowed in any nonresidential district on one (1) day per week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET on more than one (1) day per week. d. The following provisions shall apply to any and all TEMPORARY SIGNS related to an OUTDOOR MARKET. (1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than twenty (20) TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. No more than four (4) TEMPORARY SIGNS with an area not to exceed thirty-two (32) square feet shall be installed, erected, posted, • or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. (2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET shall be removed within twenty-four (24) hours of the close of such OUTDOOR MARKET. 8. Standards for GARAGE, YARD AND SIMILAR SALES. a. It shall be unlawful for any person to conduct a garage sale at any one (1) address: (1) At which four (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. (2) At which a garage sale has been conducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. 10 OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 31 OF 38 0 (4) Between the hours of 10:00 p.m. and 6:00 a.m. b. Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. c. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1) Is the owner of record of such property and/or building, or (2) Prior to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the garage sale; and the owner's signature and date. Any person claiming exemption under subsections (a) or (b) of this section shall bear the burden of proving that such exception applies. d. GARAGE SALES held by or for the benefit of charitable or non-profit organizations shall not be exempt from the provisions of this chapter. e. It shall be unlawful for any person to conduct a garage sale in any manner which 0 creates a hazard to public health or safety. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) No more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. (2) The area of any TEMPORARY SIGN installed, erected, postai, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall not exceed six (6) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6) square feet. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 32 OF 38 (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any property without the permission of the owner of such property. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall be removed within twenty-four (24) hours of the conclusion or close of such TEMPORARY USE. D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs and/or continues may be deemed a separate and distinct violation. E. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, fire, parks and recreation or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance • with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 344: CITIZEN'S USE PERK M A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall be required prior to the operation or execution of a planned or foreseeable commercial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permit shall not be required for funeral processions. B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity, ID event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 33 of 38 • 1. Without a valid City of Meridian Citizen's Use Permit. 2. At any time or upon any date other than that designated in a valid City of Meridian Citizen's Use Permit. 3. At any place other than that designated in a valid City of Meridian Citizen's Use Permit. C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: 1. A completed application form provided by the City Clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date(s) and time(s) at which the activity or event will occur. c. The location(s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. d. The number of persons, vehicles, floats, animals, and/or other form(s) of presentation, • display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd control measures, cones, and/or directional signage. 2. License fee per fee schedule, which fee shall be summarily waived by City Council upon a showing by applicant that applicant is or represents: a. A non-profit organization exempt from federal income tax under 26 U.S.C. §§ 501(c)(3), 501(c)(6) or b. A governmental entity. 3. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and all suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 4. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 34 OF 38 shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 5. Written approval of the Ada County Highway District of such activity or event, including any proof of insurance that is required by the District. D. Upon receipt of all application materials required by this chapter, the City Clerk shall: 1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regarding approval or denial of the application. The Police Chief, the Fire Chief, and the Mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit courtesy copies of the application to the Ada County Sheriffs Office and the Idaho Department of Transportation. E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the application. F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. G. All application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least twenty-one (21) calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14) days of receipt of a complete application for such license. H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit may be made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly scheduled City Council meeting. Following a public hearing on • the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 35 of 38 written findings supporting such decision. The City Council's decision on such appeal shall • be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. 1. The City of Meridian Citizen's Use Permit shall include, on its face: 1. The name(s) of the permitee; 2. The date(s) and time(s) during which such permit is valid; 3. The location(s) and/or route(s) that the permitee shall be authorized to use under the permit; and 4. Any and all conditions to which the permitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: 1. A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of the activity or event for which the permit was issued, the permitee or any employee or person operating or acting under such permit violates a provision of this • chapter or of any other local, state, or federal law. 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. C� J K. Appeal of the City Clerk's revocation of an application of a City of Meridian Citizen's Use Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. OCTOBER 2009 UPDATE OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 36 of 38 MERIDIAN CITY COUNCIL MEETING October 6, 2009 APPLICANT ITEM NO. REQUEST Executive Session per Idaho State Code 67-2345 (1) (a) and (f) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.