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2010-06-01
E IDIAN%-- I D A rE-1 O CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, June 1, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd (Note: Councilman Hoaglun arrived during Executive Session) 2. Adoption of the Agenda Adopted 3. Executive Session per Idaho State Code 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 6:04 p.m. Out of Executive Session at 7:11 p.m. Adjourned at 7:11 p.m. Meridian City Pre -Council Meeting Agenda — June 1, 2010 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E I D I A Nl%� CITY OF MERIDIAN PRE -COUNCIL MEETING AGENDA Tuesday, June 1, 2010 at 6:00 p.m. G , �3 P. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: David Zaremba Brad Hoaglun J ©lyuc( SiT Charlie Rountree Keith Bird Mayor Tammy de Weerd /- 2. Adoption of the Agenda ,a �,e �/ �� 3. Executive Session per Idaho StateCode 67-2345 (1)(f) - To Consider and Advise its Legal Representatives in Pending Litigation ew Meridian City Pre -Council Meeting Agenda — June 1, 2010 Page 1 of 1 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 Pre -Council Meeting June 1, 2010 The Meridian City Pre -Council meeting was called to order at 6:03 P.M. on Tuesday, June 1, 2010, by Mayor De Weerd. Members Present: Tammy De Weerd, Keith Bird, David Zaremba, Charlie Rountree and Brad Hoaglun. Staff Present: Jaycee Holman, Bill Nary. Item 1. Roll -call Attendance: Roll call. X David Zaremba X Charlie Rountree X Item 2. Adoption of the Agenda: O Brad Hoaglun (arrived late) X Keith Bird Mayor Tammy de Weerd Bird: I move we adopt the agenda as published. Rountree: Second. De Weerd: A motion and a second to adopt the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 67-2345 (1)(f) — To Consider and Advise its Legal Representatives in Pending Litigation: Bird: 1 move we got into Executive Session as per Idaho State Code 67-2345 (1)(f). Rountree: Second. De Weerd: A motion and a second. Roll Call Vote: Bird, aye; Rountree, aye; Zaremba, aye. ALL AYES. MOTION CARRIED. Meridian City Council Special Meeting June 1, 2010 Page 2 of 2 Executive Session: (Into Executive Session at 6:04 p.m. and out of Executive Session at 7:11 p.m) Bird: I move we come out of Executive Session. Rountree: Second. De Weerd: A motion and a second to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. Bird: Move to adjourn. Rountree: Second. De Weerd: A motion and a second to adjourn. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:11 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY EERD, MAYOR DATE APPROVED OF MF�jp�,9'% ATTE TED: SEAL JAYCEE HOLMAN, CITY CLERK 9 Cr '; yo �sT iso • Q.�Q\`�. ,,'% COUNTY • \\,`' Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 3 PRE -COUNCIL PROJECT NUMBER: ITEM TITLE: Executive Session per Idaho State Code 67-2345 (1) (f) - To Consider and Advise Its Legal Representatives in Pending Litigation MEETING NOTES ,oK/0-( CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS VEIDIAN I IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 01, 2010 at 7:00 PM Convened at 7:12 p.m. 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 Pastor Burton Roberts with Meridian Gospel Tabernacle 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. May 18, 2010 City Council Planning & Zoning Commission Joint Meeting Minutes B. Water Easement for Treasure Valley Veterinary Clinic Located at 2600 S. Meridian Road C. Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance D. Purchase Agreement for Bittercreek Lift Station and Pipeline E. Second Amended Bittercreek Meadows Agreement for Sewer and Water Service 6. Community Items/Presentations A. 2010 City Scholarship Award Winner B. (moved from Item 9A) 2010 Census Bureau Local Staff Appreciation and Recognition Meridian City Council Meeting Agenda — Tuesday, June 01, 2010 Page 1 of 2 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. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road: Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility of a Professional Office Park as Previously Proposed Approved B. Public Hearing: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G Zoning District Continued to June 22, 2010 C. Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved D. Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) Approved 9. Department Reports A. Mayor's Office: 2010 Census Bureau Local Staff Appreciation and Recognition (Moved to Item 6B) B. Public Works Department: Request for Exception to Policy Regarding Primary Water Source by Calvary Chapel Treasure Valley Denied Adjourned at 8:34 p.m. Meridian City Council Meeting Agenda — Tuesday, June 01, 2010 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN*--- �DAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 01, 2010 at 7:00 PM ✓ 1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree �- Keith Bird Mayor Tammy de Weerd ✓ 2. Pledge of Allegiance 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle / 4. Adoption of the Agenda 4� ✓ 5. Consent Agenda af A. May 18, 2010 City Council Planning & Zoning Commission Joint Meeting Minutes B. Water Easement for Treasure Valley Veterinary Clinic Located at 2600 S. Meridian Road C. Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance D. Purchase Agreement for Bittercreek Lift Station and Pipeline E. Second Amended Bittercreek Meadows Agreement for Sewer and Water Service 6. Community Items/Presentations A. 2010 City Scholarship Award Winner b . Q (A rvL Or`� k hit, 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda — Tuesday, June 01, 2010 Pagel of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Action Items A. Public Hearing: MDA 10-006 Spring Creek Ustick (aka Ashtyn It Park) by Douglas Clegg Located at 3165 N. Meridian Road: J�l,e�p quest for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility '' ��of a Professional Office Park as Previously Proposed B. Public Hearing: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C-G Zoning District /Applicant Requests to Continue to June 22 2010 C. Public Hearing: TE 10-015 Bridgetower rossing Subdivision W No. 14 by Primeland Investment Group, LLC Located North of �� C Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18-Month Time Extension to Obtain the City Engineers Signature on the Final Plat 0140-C Public Hearing: MDA 10-005 Five Twelve Subdivision by 6l / (� Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Agreement (Inst. #1061511232) / j6-e Department Reports A. Mayor's Office: 2010 Census Bureau Local Staff Appreciation and Recognition in O-Nd -tb 0-6 B. Public Works Department: Request for Exception to Policy Regarding Primary Water Source by Calvary Chapel Treasure Valley P�N-W Oa <�m � Meridian City Council Meeting Agenda — Tuesday, June 01, 2010 Page 2 of 2 j,,e, f Y' 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, 1611/ t��� f �C please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meetin`. ( K — (.�`. E IDIAN*,-_-- IDAHC CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 01, 2010 at 7:00 PM 1. Roll -Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle 4. Adoption of the Agenda 5. Consent Agenda A. May 18, 2010 City Council Planning & Zoning Commission Joint Meeting Minutes B. Water Easement for Treasure Valley Veterinary Clinic Located at 2600 S. Meridian Road C. Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance D. Purchase Agreement for Bittercreek Lift Station and Pipeline E. Second Amended Bittercreek Meadows Agreement for Sewer and Water Service 6. Community Items/Presentations A. 2010 City Scholarship Award Winner 7. Items Moved From Consent Agenda Meridian City Council Meeting Agenda — Tuesday, June 01, 2010 Page.1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Action Items A. Public Hearing: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road: Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility of a Professional Office Park as Previously Proposed B. Public Hearing: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G Zoning District Applicant Requests to Continue to June 22, 2010 C. Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat D. Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) 9. Department Reports A. Mayor's Office: 2010 Census Bureau Local Staff Appreciation and Recognition B. Public Works Department: Request for Exception to Policy Regarding Primary Water Source by Calvary Chapel Treasure Valley n V� Meridian City Council Meeting Agenda — Tuesday, June 01, 2010 Page 2 of 2 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 8884433 at least 48 hours prior to the public meeting. Meridian Citv Council Meeting June 1, 2010 A Council meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, June 1, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Tracy Basterrechea, Joe Silva, Kyle Radek, Luke Cavener and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call to order our regular meeting of City Council. For the record, it is Tuesday, June 1 st. It's ten minutes after 7:00. We will start with roll call attendance. De Weerd: Jaycee, just for the record for our City Council Pre -Council meeting, I did not enter into the record that Councilman Hoaglun did join us as we were meeting in Executive Session. So, if you can note that on those meetings -- meeting minutes. Item 2: Pledge of Allegiance De Weerd: Okay. Item No. 2 is the pledge. Tonight we are joined by Troop 461. They are with the Lochsa Falls Ward. Justin Fullerman will be leading us, but I will ask the three to come forward and they will lead us in the Pledge of Allegiance. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Thank you, boys. If you will stop for a minute. I have three City of Meridian pins that I would like to hand to you and thank you for joining us and leading us in the pledge. Thank you. Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle De Weerd: Item No. 3 is our community invocation and we are joined by Pastor Burton Roberts, who will lead us in the invocation. We invite you to, please, join us in the invocation or take this as an opportunity for a moment of silence. Pastor, it's so nice to see you. Meridian City Council June 1, 2010 Page 2 of 31 Roberts: Thank you. Good to be here and good to see you. Shall we pray. Most gracious and kind Heavenly Father, we pause to invoke your presence on these proceedings tonight, asking, Father, for your continued wisdom and guidance and our wonderful city. Ask that you would continue to bless our Mayor as she leads us. Bless the Council and all the city workers. Cause us, Father, to continue to be aware of the privilege that we have to live in a wonderful country and a beautiful city. Move upon each one of us, Father, with the graciousness to show truly the spirit of love, acceptance, and forgiveness. Again, we say bless this time together. We ask it in Jesus' mighty name, amen. De Weerd: Thank you for joining us this evening. Item 4: Adoption of the Agenda. Holman: Madam Mayor -- De Weerd: Yes. Holman: -- and Councilman Hoaglun, there has been a request to move Item 9-A to after item -- to make that Item 6-13, since we have some people in the audience tonight for that one. If we could move that up on the agenda when you adopt. Hoaglun: Okay. Thank you. Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: For tonight's agenda, under 8-13 we have a request to continue that to June 22nd. And as was just mentioned, under 9-A, there is a request to move that to -- make that Item 6-13 and to put it at that place on the agenda with those changes, Madam Mayor, I move adoption of the agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. May 18, 2010 City Council Planning & Zoning Commission Joint Meeting Minutes B. Water Easement for Treasure Valley Veterinary Clinic Located at 2600 S. Meridian Road Meridian City Council June 1, 2010 Page 3 of 31 C. Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance D. Purchase Agreement for Bittercreek Lift Station and Pipeline E. Second Amended Bittercreek Meadows Agreement for Sewer and Water Service De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of our Consent Agenda and the Mayor be authorized to sign and Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. 2010 City Scholarship Award Winners De Weerd: I will move to the podium, if you will give me just a moment. Council, our next two items are community presentations and it's my honor to introduce to you our fourth scholarship recipient and if you give me a moment I'll first read a little bit about her. Coral McFarland is from Meridian High School and she plans to attend Boise State University to study nursing. Her accomplishments are many. She has been very involved on our community. She's volunteered -- do I have the right one? Coral is here? You are from Meridian High? Very good. I thought, oh, my gosh, what if I'm reading the wrong thing. She plans -- she has volunteered for the Buddy Walk, benefiting the Down Syndrome Association. Volunteered for Meridian Food Bank. She sang the National Anthem at the Dry Creek Veterans Cemetery for Veterans Day. Raised funds for and awareness of breast cancer supporting the Susan B. Coleman Foundation. She has four varsity letters. In high school softball. She is on the high school volleyball team. Varsity choir. French club and spirit club, National Honor Society and it exhausts me just reading all of this. And she is also a member of her Meridian City Council June 1, 2010 Page 4 of 31 church singing worship team. Coral, if you will, please, come forward, I would like to present you this plaque. And this is just a small token of our appreciation and recognition in what you have done for our community, for your -- all of your accomplishments and what you have given back to our community. This says: Congratulations to Coral McFarland from Meridian High School in recognition of your high level of community involvement, academic merit, and outstanding leadership potential. It is my honor to present this to you and congratulate you for being one of our scholarship recipients. You know, it is with great honor that I am able to do this. We raise funds for our State of the City to defer the costs of presenting that -- the State of our City to our community and we raise over and above in our funds, so that we can fund these scholarships. We appreciate all of the sponsors of the State of the City, because they allow this to happen without using taxpayer dollars. It's dollars that can go back, re -invested in our youth, who certainly are our current and future leaders in this community. So, Coral, thank you for joining us tonight and, really, you don't have to stay around if you don't want to. But thank you for being here. B. (moved from Item 9A) 2010 Census Bureau Local Staff Appreciation and Recognition De Weerd: Our next item I will ask Luke Cavener to come forward and talk about this item that was moved so graciously up to the front. It's to recognize our 2010 Census Bureau local volunteers. So, Luke. Cavener: Thank you, Madam Mayor and Mr. President, Members of the Council. appreciate you moving this up on the agenda; however, I'm not seeing anyone here tonight, so I will be brief. The purpose of complete count committee is to educate the public about the importance of the census and to encourage them to fill it out prior to census date. This committee was comprised of members of our school district, media, COMPASS was involved, our faith community and our business community. I'm proud to say that, actually, a few days after census day, which was April 4th, the City of Meridian was actually ranked fourth in the nation for our response rate. We currently are right at the 30th highest ranked community in the entire country for a response rate and this couldn't have been done without our volunteers who came, participated in the monthly meetings, and came up with strategies to better educate our public. Some of the projects that they did is they purchased through a grant reusable shopping bags that were given to the Meridian Food Bank so their patrons can be educated on the importance of the census. Water bottles were provided and popular with youth, as well as the braces that talked about the census and the Boys and Girls Club was a great partner in providing those to kids and I guess I'm proud to say that our response rate is currently four percent higher than it was in 2000 and it's growing every day. So, I'd like to go on the record of thanking them for that. Do you want to present Frank's? De Weerd: So, Frank, if you will come forward. I will read this as well. It's a certificate of appreciation presented to Frank Thomason of the Valley Times in recognition of your participation with the 2010 US Census Complete Count Committee, which placed the City of Meridian in the top 50 places in America with a return rate of 83 percent as of Meridian City Council June 1, 2010 Page 5 of 31 June 1 st, 2010. These efforts are a testament to our community and your involvement and civic merit. We appreciate, Frank, you serving on that committee and all the things in addition to this that you do for our community. Thomason: Thank you. Item 7: Items Moved From Consent Agenda. De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road: Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility of a Professional Office Park as Previously Proposed De Weerd: So, we will move to Item No. 8 under Action Items. I will open the public hearing for MDA 10-006, which is item 8-A with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. This site is located on the southwest corner of Ustick Road and Meridian Road that you can see here. In 2006 this property came through and was annexed as Ashton Park. It had a recent approval with that approval; it was a requirement for a DA. The applicant came in with a concept plan with some elevations that were tied to that property, so the plat before you know shows you how fixed office buildings were developed on the site, along with the associated parking lot and landscaping and also a cross -connection with the church to the west. The applicant is now coming forward with a new concept plan and new elevations. The new proposal includes an assisted living facility. Square footage for this building is approximately 30,000 square feet, so you have one large building on 2.4 acres, roughly. A cross connect still in place. Access points have not changed from the previous concept plan and, again, it just seems to be a less intense use with the larger building at this point. One of the things to mention to you is the current DA also restricts the uses on the site to principally permitted uses in the L -O zone and because the applicant is proposing -- or will propose, eventually, an assisted living facility that requires a Conditional Use Permit approval, so that will have to follow after actions taken on this application, if you're so inclined to move forward with a recommendation. On the left-hand side you will see the approved elevations, similar to what you see up north on Locust Grove, the development up there, that's what their office complex buildings were to look like. On the right is the assisted living facility proposed for the site. It's pretty large. The applicant has constructed a similar building off of Overland and Five Mile, so if you're ever out and about driving Overland and you want to take a look at that, feel free. The applicant did submit some photos this afternoon, so that you could get a better picture of what they are proposing. You can see the entry feature and the front, the wood and stucco siding. This is what they are proposing as far as the Meridian City Council June 1, 2010 Page 6 of 31 elevations are to be tied to the amended DA and staff is recommending that DA provision as well. So, quickly, I have highlighted what the applicant has requested and what we are recommending for you tonight. Again, DA provision number one is going to be modified that they comply with the concept plan that you just saw in the previous slide. We have changed the uses to, basically, say your -- whatever is allowed in the L- O zone would be sufficient for the site. The hours of operation -- that one, unfortunately, wasn't struck through, but staff is recommending that that DA provision be removed. This will be a 24 hour nursing care facility. We do have some hours of operation that are limited to that site. However, due to it being nursing care, it's not -- it's related to the business operation, so staff is anticipating that the business operations will operate within those hours of operations and the nursing care will just be for the residential care portion of it. So, we are supportive of that. Again, the concept plan has six buildings. The applicant is asking to construct the one building, the 30,000 square feet. We talk about the mix of materials. I won't go into that in full detail. I would let you know, again, that they need to get CUP and design review approval to get the use established on the property, so this is really the first phase before they move forward with additional applications. The DA also requires them to do 25 foot landscape buffers along Meridian Road and Ustick Road. In talking with the applicant, it is their intent to ask for reduced buffers along those two roadways and staff can handle that at the administrative level with the alternative compliance, so we just, basically, added a little verbiage in there that we wouldn't strike it from the DA, but we just put in a sentence unless it's approved with alternative compliance to allow the reduction. We were okay with that. Same thing as far as the additional 20 foot land use buffers adjoining the church site, which is the western boundary, and the southern boundary there is some residential -- there is a requirement in the DA for a 20 foot buffer. The previous DA required that to be installed prior to occupancy of the first building and because they are proposing one building it will have to be done during construction of the 30,000 square foot building, so we just added that verbiage and I think the -- the one recommendation that we are going forward tonight and that's number -- DA provision number 15. The applicant was required to install the pressurized irrigation system and our ordinance requires that if there is water available to do so. Speaking with the applicant, he's informed us that he doesn't feel there is adequate water supply. We haven't received any information from the irrigation district that that's the case. Our ordinance states that they need to provide that letter to us in order for the city engineer to recommend city water. So, I'll leave it at that for you. That seems to be the only outstanding issue before you this evening. I did receive written testimony by an e-mail today. I forwarded that onto the clerk. It addresses some of the access issues and also the requirement for the pressurized irrigation. So, I hope you had a chance to read that. It should be in your packet tonight. Other than that, staff is recommending approval with these DA's as proposed and I will be happy to answer any questions you have. De Weerd: Thank you. Council, any questions for staff at this time? Rountree: I have none. Bird: I have none at this time. Meridian City Council June 1, 2010 Page 7 of 31 De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Clegg: My name is Douglas Clegg and I reside at 1342 East Covey Run Court in Eagle, Idaho. De Weerd: Thank you. Clegg: And appreciate you guys taking the time to look at this. We -- I agree with everything that Bill has shared regarding this request that we have for the modification of the development agreement and we are happy to do a pressurize irrigation system out there, if it appears to be necessary. Right now there is an existing water well out there and we have so little landscaping that are current water rights with the use of that water well more than meet the need for our irrigation requirements and so we don't really have desire to hook up to city water, but we don't want to be forced to do a pressure irrigation system on 2.3 acres. I have visited several times with Nampa -Meridian Irrigation District and there is -- at that lateral there is a total 50 shares. We own less than three. And based upon us and the church next to us being the end users, we only have use two hours every 11 days and they are willing to write a letter. didn't asked them to write one, because I didn't know if it was going to be an issue, but we are happy to get one regarding that, because I just don't think it's the right decision for that size of a property and a half acre of landscaping to a 30 or 40 thousand dollar pressure irrigation system. It just doesn't make sense. So, that's the only thing we are hoping to get resolved at a future date, but other than that I think everything that he's recommended were -- we feel good about. De Weerd: Thank you, Mr. Clegg. Any questions for the applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How do you irrigate now? Do you gravity or -- De Weerd: They don't. Clegg: On this -- the corner right now? Bird: You got a yard and stuff there. I mean it's just where that old house was. Clegg: Yeah. Bird: You did irrigate, didn't you? Flood irrigate? Meridian City Council June 1, 2010 Page 8 of 31 Clegg: There is an existing take out box that's there, but I don't think it's been used for quite some time. They do have an existing water well there that they have used for their domestic service, but not that I'm aware of. Not in the four years that it's been owned by us or by our investors. Hoaglun: Madam Mayor and Councilman Bird, I can shed a little bit of light on that, believe it or not. My wife and I back in the early '80s lived on that property for almost three years as caretakers. That's when it had chicken coops and barns and everything. But it was a flood irrigation for that property, because if you let the water go too long you would flood the cellar. So, I have bailed that cellar out a time or two, but -- and, then, there was a well on the property, I don't know what the status of that is now days, but, yeah, long time ago, though. Bird: Thanks, Councilman Hoaglun. I appreciate that information. But I -- man, I hate to see us hook up to city water for irrigation when we have got a ditch going through there that was set up to flood irrigate this area. I -- I just think it's time that we get away from using domestic water for irrigation. You know, our aquifers is not getting any higher, so that's the one concern I have, and I don't -- you know, you say you get three units of Nampa -Meridian irrigation? Clegg: Yeah. We had three acre shares out of -- Bird: Is it Nampa -Meridian or is it Settlers? Clegg: That's Nampa -Meridian Irrigation, yeah. And my understanding is there is 50 shares on that lateral and we right now, based on that, have access two hours every 11 days for its use. We can get more information on that with our engineers, but there is no way to irrigate that system on an every 11 day cycle. Bird: How does the church irrigate? Do you have any idea? Clegg: They are domestic. And very little of their property is actually landscaped. think -- they are here, so I'm sure they will comment on that, but, again, I don't see us hooking up to city water. A water well could be drilled in there for probably than a hundred, 110 feet, which isn't going to take us all the way down to the aquifer and meet irrigation needs there very ably. But, again, we will do what you want. Bird: Are you planning on putting a pressurized system off of the existing well? Is that what I get? Clegg: We will relocate it. Yeah. Its existing location is actually right in the center of the building. We will need to relocate it. Bird: Can you just up and move your well whenever you want to? Clegg: Uh-huh. Yeah. Meridian City Council June 1, 2010 Page 9 of 31 Radek: IWR will let you -- excuse me. Madam Mayor, Councilman Bird, IWR will allow you to abandon a -- what they call a domestic well and drill another domestic well. There is certain standards that have to be met for that abandonment. De Weerd: Didn't we just have this conversation a couple weeks ago? Rountree: I don't believe they are proposing to hook it up to the city water, though. De Weerd: Oh. But, instead, use that. Bird: Yeah. De Weerd: So, what is the position of -- in the staff report on this? Friedman: Madam Mayor, Council Members, the position is really -- it's not even a -- it doesn't necessarily have to be in the development agreement. It is -- it is a code provision, so even if it's not in the development agreement, when they come in to develop the property they have to abide by the code, which means they either have to hook up to a pressurized irrigation system or seek a waiver, by seeking that waiver showing that they don't have adequate water rights to provide the irrigation and, then, we look at the alternative and I think using a well is probably far better than hooking up to the city. So, I think the city system would be the system of last resort. De Weerd: Okay. Any other questions for the applicant? Rountree: Madam Mayor, I do. De Weerd: Yes, Mr. Rountree. Rountree: If I can get my voice back. The current situation out there is pretty unsightly. And, in fact, I think both the police and fire will attest that there has been some issues with trying to pass in both those buildings and I see that recently one of the buildings has been kind of moved aside and, actually, moved out of the right of way and both have been boarded up. What's your position or what's your timing on getting those buildings removed? Clegg: June 8th. Rountree: Thank you. Clegg: They are going to burn it down. They were supposed to burn it down last month, but they had weather conditions and -- so, June 8th. De Weerd: Well, it's not even the buildings, it's the trash where the house was sitting that would be nice to be cleaned up. Meridian City Council June 1, 2010 Page 10 of 31 Clegg: We can take care of that one before then. Rountree: Thank you. De Weerd: Thank you. Rountree: Madam Mayor, my comments on the pressurized irrigation system is that think they could probably more than adequately handle their irrigation needs for the time being with a well, as long as there is no cross -connect. We wouldn't allow that and if they do put in a pressurized system at some point in time, as water becomes available, they could simply hook up that system to that water source. So, I would favor just waiving that requirement at this point in time. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor, I guess I'm not understanding -- would the water come out of the well under pressure? You're still going to need to build a pressurized irrigation system to distribute around the property, wouldn't you? I think -- it seems to me that's required, even if it comes out of a well, unless I'm not understanding how that works. Clegg: Do you want me to share something on that, Madam Mayor? De Weerd: Please. Clegg: Yes. You're correct. So, that the pump size that is used to extract the water will have to be designed to meet the zoning load requirements for the irrigation system and so since this is such a small site, we probably have 15 to 18 zones and each of those would probably need 35 to 40 gallons per minute, which could easily be handled with a three and a half horsepower, which is a typical size pump that you would put in a four inch case water well, which is what we currently have. So, yes. Zaremba: Okay. Thank you. Clegg: You're welcome. De Weerd: Thank you. Anything further from Council? Rountree: I have none. De Weerd: Okay. Thank you, Mr. Clegg. Clegg: Thank you. De Weerd: I do have one other person signed up to -- as neutral. Tim Morgan. If you will, please, state your name and address for the record. Meridian City Council June 1, 2010 Page 11 of 31 Morgan: Tim Morgan. I'm the chairman of the property management committee for the church just to the west of this property at 201 West Ustick. We submitted a letter earlier today. In general we are in agreement with the staff report. A few concerns as -- that we want to address or would like addressed at some point is the cross -access. There is an existing unrecorded cross -access agreement that is -- that says that we will give each access across each other's property. Currently where they are proposing a driveway, they -- just a gravel area on our property and that I think that it should be used limited to emergency access for the time being until we either improve our -- the parking lot or drive aisle. If for some reason there is access required across our property to our improved driveway, that ought to be paved. And, then, also the church has a -- our sewer line, which is private, bisects this property east and west and ties into Meridian Road. We would like -- well, we need to continue to maintain our sewer service, which think the applicant is planning to do. Just wanted to note that there was -- that was our concern. And, then, also the pressure irrigation. I have had a number of conversations with Nampa -Meridian Irrigation District. They have a pressure irrigation system to the west, which is a four inch line that actually I think feeds your Settlers Park. They also have -- they are looking at some options for a private system to the south along Meridian Road that could -- that they would like to loop in. There is not enough pressure on the four inch line to serve both the church and applicant's property there. However, they would like to look at the options of looping that from Meridian Road around to the four inch line of the city's. That would provide additional pressure and flow to Settlers Park, which would benefit you. It would also be an opportunity to provide pressure irrigation to the church, as well as the applicant. I think long term it's in everybody's best interest to continue to use surface water for our irrigation and not resort to domestic water off of your water system. So, we are interested in looking at options. The church is interested in looking at options to maintain -- to install a pressure irrigation system. We also have -- when we were here on our annexation hearing last February, are looking -- have looked at options for doing a community garden to benefit the Meridian Food Bank, as well as the refugee population here. Access to the irrigation water on a regular basis with a pressure irrigation system would help with that. So, I think that's it, unless you have any questions for me. Thank you. De Weerd: Okay. Thank you. Any questions? Mr. Rountree. Rountree: I have a question for Kyle. Tim spoke of the sewer access across the property. I don't see on any of our illustrations the sewer easement. Is that shown on this one? Bird: Yeah. Rountree: No. Bird: It isn't shown on it. Meridian City Council June 1, 2010 Page 12 of 31 Morgan: If I can speak to that. I think it's a private -- it's our private line that goes all the way to Meridian Road. Rountree: It should have an easement across that property at some location. Bird: Is it on the north or south end of your -- Morgan: It cuts their property in half east and west. Bird: It goes right through the middle of their property? Morgan: Yes, sir. Rountree: That makes it a little bit difficult with the building. Radek: Madam Mayor, Councilman Rountree, I do not have the information on hand right now to answer that question. I don't know if that's a service or if that's a main. I can find that out for you, though. Rountree: It sounds like it's a service. Radek: It sounds like it. Rountree: Wouldn't that still need an easement? Radek: In which case service would not need an easement. Rountree: It's not a good idea to build a building across it, though. Radek: That is also not a good idea. But, typically, a service serving one building is on private property and doesn't become the city's concern until it gets to the right of way. De Weerd: So, how does that work when we know that there is a private service is traversing a piece of property where a building is going to sit? Radek: Madam Mayor, Councilman Rountree, Council Members, it's really a building issue. The building should not be on top of a service like that and any improvements that are done should be according to building code, but it's definitely not a Public Works issue, it's a private service. It's not our pipe, so it's not a concern to Public Works. It should be a concern to the building department, however, for any building permits that would be issued. De Weerd: Okay. Friedman: Madam Mayor, Council Members, I think in consideration of that, until we know exactly where it is, I mean certainly we could either condition the development Meridian City Council June 1, 2010 Page 13 of 31 agreement or the Conditional Use Permit that that line be located and moved if necessary to a place where it would not be -- have a building over it. That may -- you know, there is going to be extensive work done on the property anyway, so I think it would be appropriate that that line be moved at that time. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I ask a stupid question? Wouldn't that -- De Weerd: No. Bird: Wouldn't that go up on the -- wouldn't that show up on the title or something if you have got a -- even though it's a service line going through another person's property? Friedman: If there is an easement it would be. De Weerd: Just wait until you get into Old Town. Radek: That was going to be my comment, Madam Mayor. We have a lot of that going in the old part of town, water and sewer, so -- it's not right, but it exists. Bird: I had to give an easement for a church across the street to get through my property. Friedman: Tim, do you know if there is an easement for that? Morgan: I don't -- I don't think there is a recorded easement. I -- the church originally owned the corner property and the building and sewer line were installed prior to the sale. I'm -- people have changed since then. I'm still trying to track down all the files associated with that sale. I -- there is a couple things that, actually, the applicant has provided that I didn't necessary -- wasn't necessarily aware of. So, we are trying to find that information. If, by nothing else, we have a -- I mean that's where it is, so it would need to be maintained or relocated. So, that's our feeling. One other thing I wanted to add on the irrigation, if -- I guess if there is -- our irrigation also runs through -- very near where that sewer line is and if that's -- I guess if pressure irrigation isn't installed in the time where it serves everybody, we still need access to our gravity irrigation line. De Weerd: I think that, too, is a condition of a building permit. You can't disrupt someone's irrigation -- delivery of irrigation water, so -- okay. It's on the record. Radek: Madam Mayor, Council Members, my understanding of Title 42 is if you're a user you need to get that water. And not that I was prepared to answer any irrigation questions. Meridian City Council June 1, 2010 Page 14 of 31 De Weerd: You did it well. Thank you. Radek: Thank you. De Weerd: Okay. Anything further from Council? Rountree: No. De Weerd: Okay. Thank you. Morgan: Thank you. De Weerd: This is a public hearing. Is there anyone else who would like to provide testimony on this application? Mr. Clegg, do you have closing remarks. Oh. Oh, please, Ida. You have to come all the way up. I didn't see your hand go up. If you will, please, state your name and address for the record. Sweet: My name is Ida Sweet. My address is 3001 North Meridian Road. De Weerd: Thank you. Sweet: The only question I have is he has an entryway where the power line is, the -- those big condensers. Where does -- where is he coming in? He's coming on north on Meridian Road. Rountree: Correct. Sweet: Okay. Now, there is that -- the power line, the two big poles and those big -- don't know what you call them, condensers or something. Where are those going to go? De Weerd: We will -- we will ask him. Sweet: Pardon? De Weerd: We will ask him that question when he comes up to close. Sweet: Doug? Okay. De Weerd: Do you have any other questions? Sweet: That's the only thing I'm concerned with. I think it's going to be a beautiful building. It's going to do the neighborhood a lot of good. I think it's going to be wonderful. The only thing I have a concern is those power poles. Meridian City Council June 1, 2010 Page 15 of 31 De Weerd: Okay. Well, we will ask it of the applicant and maybe even after the hearing you can talk offline and find out anything else, too. Thank you so much. Sweet: Thank you. De Weerd: Is there any further testimony? Okay. Thank you. Yes. If you will, please, state your name and address for the record. C.Sweet: My name is Celeste Sweet. I live at 2975 North Meridian Road. And my question is -- is the fencing. What is the fencing material going to be that's going to surround the buildings. De Weerd: Okay. Thank you. Okay. If there is no further testimony, Mr. Clegg, do you want to come and answer questions and any wrap-up remarks? Clegg: Madam Mayor and City Council, I can answer the questions that were brought before in the public hearing or -- De Weerd: Yes, please. Clegg: Okay. The transformers -- there is three transformers that are there and they will remain exactly where they are. Actually, the drive entrance is just north of that and actually meets the requirements of cross -access with East -- Eastbrook Court there. The sewer with the church has been discussed at great length, with the engineers and agree with the -- your fantastic staff here, it is not -- there is no easement. There is a letter of understanding between the church and the property owners, which is us now or conglomerate us, and we have already actually drawn the plans to reroute that and establish a permanent easement for that on the south side of this development project. So, that's been addressed. And that will be coming up. We will have those plans available here in a few weeks and we will certainly give them to the church and let them review that and make sure they are happy with what we are doing and submit that to the city. We would be thrilled if this -- if the parks department would like to provide us at no additional charge irrigation water from the park on the north. That would be fabulous. don't now how they intend to do that. That was not disclosed to me in any of my conversations with Nampa -Meridian Irrigation District. But we are thrilled. If they want to do that and I don't have to drill a well, hallelujah. That would be fantastic. But it sounds like they are going to need to transfer water rights and a whole lot of other issues discussed and resolved there to get that thing accomplished. The cross -access into the church is an existing parking lot. It's been recommended and it actually came up in discussion with Joe Silva, that we put in a gate there. This is not designed for public, this is designed for emergency access only. So, if the fire department came into that parking arena and needed to do a drive through and get out, that's what -- really what that's for right there. So, we don't want their gravel in our parking lot and I don't think they are going to want people coming to that stop light and driving through their parking lot and navigate through our parking area, which we don't want either. So, the recommendation would be to put a temporary emergency cross -access gate that would Meridian City Council June 1, 2010 Page 16 of 31 go there that they would have a key to and they could use when they came and we plan to put in a six foot vinyl fence. I think that's actually required for the separation of our development to the north -- or to the south and to the west. So, those are the comments I had heard. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. Rountree: There was one other point that was raised and that's the irrigation ditch. Do you have designs to relocate it? Clegg: Yeah. There is an existing irrigation ditch and an easement. There is a recorded easement for the irrigation ditch and we will have to go through a relocation -- I guess it's technically an abandonment and relocate it. The take out box is within about ten feet of the existing private or domestic sewer that comes across. It's on the west side of Meridian Road, very near our sidewalk that comes out the center of our building and accesses the existing sidewalk there. That will need to be moved to the south, on the south property line, and we will have to go underground with probably an 18 inch line and do a take out box on the west side there on that southwest corner. De Weerd: Okay. Do you have any further comments? Clegg: No, I don't. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Back on the cross -access. At such time as the church might pave their lot instead of having a gravel lot next to yours, would that gate go away or are you thinking the gate is going to be there forever? Clegg: No. We would be thrilled, especially if we could get rid of the gate and the church was willing to enter into a cross -access maintenance agreement. Their need to worship on Sunday is our need to have additional parking at what we call event days and so quite often during the holiday season or Mother's Day or Father's Day, we have large dinner events where a lot of the families come and even though our current parking configuration more than exceeds the city's requirement, we get loaded and we'd love to be able to have a friendly neighbor relationship where we could use their parking and, then, on Sunday if they wanted to use -- have overflow parking in our parking area, we would be thrilled. So, yeah, we'd love to see that happen. Am I fired? Meridian City Council June 1, 2010 Page 17 of 31 De Weerd: Mr. Rountree? Rountree: I have nothing more. De Weerd: Okay. If there is nothing further, Council? Okay. Thank you, Mr. Clegg. Clegg: Thank you very much. De Weerd: Well, Council, any further questions for staff? Rountree: I have none. Bird: I have none. De Weerd: Okay. I would entertain a motion to close. Rountree: So moved. Hoaglun: Second. De Weerd: I have a motion to close the public hearing on 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the development agreement modification for Item 8- A, MDA 10-006, subject to the staffs comments, noting that the pressurized irrigation system comment will stay until evidence that it can't be provided by the irrigation district as provided and at such time the developer would provide a pressurized irrigation system via an on-site domestic well and that the comments received this evening in response to public testimony are included in the development agreement and future consideration in the Conditional Use Permit that would be brought forth at such time as they move forward with the senior assisted living facility. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council June 1, 2010 Page 18 of 31 Zaremba: Would we need to add the comment that it's okay to remove the gate on the cross -access? I don't know if that's necessary or not. Rountree: Madam Mayor, I believe that there is a -- there is a development agreement requirement for this property, as well as the church property, to provide cross -access at such time as both properties develop. So, to me I think that's just something that needs to be looked out for, but it will happen. Zaremba: Works for me. De Weerd: Okay. Well, if there is nothing further, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G Zoning District De Weerd: Okay. Item 8-13 has been requested to continue to June 22nd. I will open this public hearing on PFP 10-002 and ask for a motion to continue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we continue Item 8-13 until June 22nd, 2010. Bird: Second. De Weerd: I have a motion and a second to continue Item 8-13 to June 22nd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Meridian City Council June 1, 2010 Page 19 of 31 Time Extension to Obtain the City Engineer's Signature on the Final Plat De Weerd: Item 8-C is a public hearing on TE 10-15. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property is located east of North Towerbridge Way and north of Ustick Road and approximately a quarter mile west of Linder Road. The applicant is requesting an 18 month time extension for Bridgetower Crossing No. 14. If you recall last week we did a final plat modification for the subject site. That was approved to develop this in three development stages. Here is the approved final plat that includes 60 lots. To refresh your memory, here is the development staging plan that was approved with that final plat modification and, then, also here is the revised landscape plan that was also approved with the final plat modification that added the common lot adjacent to Lot 1 Block -- Lot 1 in 19. So, basically, staff has included those comments as part of this time extension. We are recommending approval. We did not receive any written testimony and there are not any outstanding issues before you this evening. And with that I would stand for any questions you may have. De Weerd: Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: This is a public hearing. Is the applicant -- is the applicant here? Would you like to make comment? Christensen: Madam Mayor, I'd love to make a comment. My name is Chuck Christensen. My address is 9104 West Overland in Boise. We have reviewed the staff report and everything looks great to us. De Weerd: Excellent. Thank you. Christensen: Thank you. De Weerd: Is there any additional testimony? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TE 10-015. Rountree: Second. Meridian City Council June 1, 2010 Page 20 of 31 De Weerd: I have a motion and a second to close the public hearing, on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TE 10-015, Bridgetower Crossing for an extension of 18 months time extension to obtain the city engineer's signature or final plat. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. 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 carried. MOTION CARRIED: ALL AYES. D. Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter-day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. #1061511232) De Weerd: Item 8-D is a public hearing on MDA 10-005. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject site is located on the west side of Stoddard Road, midway between Overland Road and Victory Road. A lot of history on this property and they are before you again with another application to, essentially, remove the property that was final platted as Five Twelve Subdivision from the recorded DA that was approved with Bear Creek West. Staff -- the applicant is proposing a new DA to govern their site. Basically, here is the final plat that you acted on. You approved the resolution as far as the sewer reimbursement agreement for the sight. That was a condition of the final plat. To staffs knowledge the applicant has also received city engineer on the plat, so that is moving forward as far as the city is concerned, so, therefore, the applicant's processed the preliminary plat, a final plat, a Conditional Use Permit for a church. As far as city provisions, staff is of opinion that the applicant has met all of the requirements and so we are recommending that the language for that new DA and simply put it's just section Meridian City Council June 1, 2010 Page 21 of 31 four will include that they are allowed to develop this consistent with the R-8 standards and for a church use as approved with their Conditional Use Permit. And, then, the only DA provision that we are recommending at this time and the applicant is in agreement, is, basically, upon the recordation of the plat this property will be terminated from the original development agreement that's recorded as instrument number 106151232 and it would be governed by the previous approvals for the site, which includes the preliminary plat, the Conditional Use Permit, and the final plat. There are no outstanding issues. Staff has not received any written testimony or comment and with that I would stand for any questions you may have. De Weerd: Thank you. Any questions? Rountree: None. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Larsen: Good evening, Madam Mayor, Council Members. My name is Jo Larsen, I'm with Gowland Johanson Zimmerman Architecture. We are located 400 South Main Street, Payette, Idaho. 83661. I'm here to represent the Presiding Bishop for the Church of Jesus Christ of Latter -Day Saints, a Utah corporation. We are here in agreement with the staff report and I wanted to thank the staff and legal for all their hard work on this and I'm here to answer any questions you might have. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Well, thank you for being here with us. Larsen: Thanks. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this application? Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on MDA 10-005. Rountree: Second. De Weerd: I have motion and a second to close the public hearing to Item 8-D. All those in favor say aye. All ayes. Motion carried. Meridian City Council June 1, 2010 Page 22 of 31 MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 10-005 and to include staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. If there is no discussion, Council, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Thank you for joining us. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Mayor's Office: 2010 Census Bureau Local Staff Appreciation and Recognition (Moved to Item 61B) B. Public Works Department: Request for Exception to Policy Regarding Primary Water Source by Calvary Chapel Treasure Valley De Weerd: Item 9-13 is our Department Reports. It's our Public Works Department, so I'll turn this over to Kyle. Radek: Madam Mayor, Council Members, this department report is a request for an exception to our policy regarding water service to our agreed service area with United Water. In 2007 we negotiated with United Water to agree that our service area would end at the yellow line on the map that you see in front of you and their service area would end on the other side of that and the Calvary Chapel Church, which is the yellow triangular parcel you see there, which is just at that boundary, and they are requesting that they be released from the requirement that we serve them with our water. You can see the green line represents the distance they are away from United Water infrastructure. The red line represents the distance they are from our infrastructure. And just as other points of reference, you will see the -- the rectangle -- the yellow rectangle up at the upper left of the map. That's the Black Rock booster station and if you follow the ten inch water line out from that and the dashed light blue and dark blue line, that's -- that's the line that the LDS church down at the southern end of that line built in 2007, 1 believe. So, they completed 3,600 feet to get to their -- their church. We also had a memorandum of understanding with Sunrise Rim at the very bottom of the Meridian City Council June 1, 2010 Page 23 of 31 map, where they were going to built 2,300 feet of water main to serve their development and I believe that orients you to the map and everything on it and gives you an overview of the situation that this property owner is in and with that I would think that it would be appropriate to turn it over to the property owner's representative, Pastor Daryl Zachman is here and his architect Ward Schwider and perhaps they can tell their story and stand for questions and so will I. De Weerd: Thank you. Radek: Oh. Incidentally, the Public Works Department is recommending denial of this request, just as a point of order. De Weerd: Good evening. If you will, please, state your name and address for the record. Zachman: Madam Mayor and Council Members, thank you. My name is Pastor Daryl Zachman. I reside at 12452 West Seven Iron Drive. De Weerd: Pastor Zachman, can you pull that up a little bit. Zachman: Speak louder? Okay. De Weerd: Yes. Zachman: Usually that's not a problem for me, but I guess here I'm a little shy. Anyway, I guess he's stated our case. The situation for us is it's a significant amount of more money for us to -- to go -- now, we had -- you're saying it's only 1,800 feet? Is that correct, Kyle? Radek: Madam Mayor, Council Members, Mr. Zachman -- or Pastor Zachman, I should say, I measured from our to infrastructure or the edge of your parcel and so you may have a different measurement to get to where you want it to be on your parcel, but just to be, you know, fair in the map presentation I measured from -- from the edge of the parcel to the -- to the different water distribution systems. Zachman: Right. Our -- the problem is we can't bring it in there, because that is a flood zone, so our actual site is on the -- what is it, the northeast -- I just lost the picture. Northeast corner of the property. So, that's actually -- does that make sense? We counted that it's 2,300 feet from where we are -- our building site to the water with Meridian versus 670 feet to United Water. So, that's -- I guess that's it. I don't have anything else to add to that, really. It's just it's -- we looked at -- originally at doing a well on the property, but in order to get the kind of flow that we would need for fire sprinklers it's very cost prohibitive. About a hundred thousand dollars. So, we are looking at about a hundred thousand to go to United Water versus 26 or so to go to United Water. That's -- okay. So -- do you have anything more you want to add to that? Meridian City Council June 1, 2010 Page 24 of 31 De Weerd: Council, any questions for the pastor while he's here? Okay. Rountree: Madam Mayor, I just -- for clarification, you pointed out a location where you thought you could not move water, because it was a flood plain did you say? Zachman: We can't build in that area. We had -- our building site is actually on the northwest corner of the parcel close to the green, you know, line to United Water. That's where the power comes in. That's where our building site is. Thank you. That's the area there. Radek: Madam Mayor, Councilman Rountree, I think just to point -- just that if you stop the water line at -- where I stopped the red line on the map, you haven't gotten to where you need to be yet. So, in fact, you have to go further to actually serve the parcel and I have no argument with that. It's -- you have to get into the parcel, certainly, and -- to serve it, so it would be more than 1,800 feet of water main to get the job done. De Weerd: Thank you. Ward, did you have a comment? Schwider: Good evening, Council, Mayor. My name is Ward Schwider, at 1716 North 32nd in Boise. I'm the architect for Daryl. The only thing I would like to add is -- what he's trying to say is we'd have to go to and through the property. I'm sure that's going to be district policy to go to and through. So, that's where -- that's what we are trying to say. With the water line. It is a hardship right now -- I mean financially for a lot of us out here in trying to get building projects off the ground. This is the first step to even get the tent up just to get temporarily out to the site of the -- the congregation move out to the site and raise some more funds, so just to get to the first stage of this project we need to run the water line out according to the fire department — the Kuna-Meridian fire department and so coming from United Water would just hurry up just the phase one, it's just -- there is so many expensive road blocks to get to the main -- the final building a year from now. And we are trying to think of ways creatively to save the church money and, you know -- and it's just the fire flow is all we need, we don't really need a, you know, a lot of water as far as usage, because it's -- there is irrigation water on site, so it would just be for fire flow mostly. That's all I have to say. Thank you. De Weerd: Thank you. Schwider: Any questions? De Weerd: Any questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm trying to remember. I know where we have gone back and forth on sewer connections with latecomers fees. I know it wouldn't help the immediate problem, but Meridian City Council June 1, 2010 Page 25 of 31 on -- on water connections, if they have to put that whole line in as other people join into it, do they pay these people back? Radek: Madam Mayor, Councilman Zaremba, this -- this project, if -- if this were done, this would -- this would meet our code requirements for a reimbursement agreement and the reimbursement agreement, granted, is not what it used to be, it's not the city paying back 90 percent of the construction cost, but it is the developer recuperating those costs as neighboring properties develop and they would certainly be eligible for at least consideration of a reimbursement agreement and I would assume that the Council would look favorably on that reimbursement agreement. Zaremba: Thank you. De Weerd: Okay. Radek: Madam Mayor, if I could give Public Works' opinion on this. Our concern, obviously, is that we have established a service area with United Water, We are able to serve -- provided a main is built we are able to serve with pressure and flow of quantities that would serve to protect a building with fire flow and we feel like if Council would decide to allow United Water to take a portion of our area, just because they -- that portion -- that property happens to be closer to the United Water system, then, that is the way we will end up losing our whole -- our whole delivery area, because you can't always be the one that's closest to the infrastructure and more likely than not, they are going to find someplace that's closer or more convenient to hook to than -- than what the ultimate plan is. So, our concern would be the loss of our service area, which is a -- causes a few problems for us, not the least of which is the billing difficulties that we have with areas that are served by United Water and by our sewer and it's a bit of an administrative nightmare to work out how that's going to happen and also it's just our feeling that we want to serve water to the residents in our community and we are prepared to do that and we have a plan to do that and we don't see any justifiable reason to deviate from that plan at this point. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It would also appear to me that if -- if we did approve substituting United Water to this parcel, then, there is, what, a quarter of a mile of properties on the east side of this property that -- at sometime that pipe has to go into Lake Hazel anyhow, right, to -- to serve other properties or would United Water start chipping away at us from there? Radek: Madam Mayor, Councilman Zaremba, just to be clear, United Water has infrastructure at the east edge of that green line there. Right there. Zaremba: Okay. Meridian City Council June 1, 2010 Page 26 of 31 Radek: So -- and the -- and the agreed upon boundary area is that yellow line, so -- Zaremba: Thank you. You explained that before and I started looking at the dashed line and thought that was the boundary. I'm sorry. Radek: All right. One thing that I didn't mention also is when you talk about this property on the south side of Lake Hazel Road and establishing water service to that, then, you're also talking about establishing water service to the north side of the road and if I may comment on Mr. Schwider's comment about the to and through requirement, this is a parcel that would be at the edge of the distribution system for either Meridian or United Water and the two and through requirement would be at least questioned or considered, but one important note in this area -- it's at kind of an extreme location in both distribution systems and United Water has expressed interest in an inter -tie between the two systems at this location. So, it's -- it's fairly likely that regardless of which system ultimately serves this, that system purveyor would want the line to go to and through this property in order to enable an inter -tie in the future. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, can you tell me where -- any location where United Water has allowed Meridian water to go into their area? Radek: Madam Mayor, Councilman Bird, I cannot. Bird: We allowed this up at the -- up off of Chinden to the Catholic church up there and now they are contiguous and the thing is they were supposed to -- to -- to come get hooked up with us, but I haven't seen anybody coming forward to get hooked up with us or anything. Maybe we are not ready to do it, but I think it's a precedence that we -- I don't want to participate in. Hoaglun: Madam Mayor, question for Kyle. Is it absolutely certain we are going to do an inter -tie with Boise water at this location at some future date? Radek: Madam Mayor, Councilman Hoaglun, absolutely certainly, no. It's something I certainly -- from Public Works engineering standpoint would like to see there and I spoke with a couple of the engineers at United Water today and they would be in favor of it, too, just conceptually, but we have no concrete plans to do that, but we have -- in speaking with them for the better part of three years on getting some inter -ties established between our systems for emergency and just overall redundancy improvements. Hoaglun: Okay. And, Madam Mayor, just to follow up, from what I'm hearing from Councilman Bird, not being on the Council when that was done, that there were some Meridian City Council June 1, 2010 Page 27 of 31 agreements or discussion about connecting to Meridian. So, my thought was originally when I heard that was, well, maybe they could connect to Boise -- United Water and, then, when we join up, then, they -- they have to switch over to the Meridian system, but it sounds like it's a little problematic in tracking and making those happen and I know we got some other things and we do some things, it's tough to track and enforce some of these things down the road, though. That would be the situation that would be more difficult than it sounds. Radek: Madam Mayor, it seems like Pastor Zachman has a comment. Zachman: Can I speak to that? De Weerd: Yes, please. You need to speak when you get to the microphone. Zachman: Yeah. Okay. If I understand, we are right on the line; correct? Okay. I don't think United Water has any intention, necessarily, of going any further. They are just -- because of their contractual agreement they, obviously, can't connect up with us unless Meridian gives the okay. So, our problem is we bought this property in 2002 before this 2007 agreement when there was no problem to connect to United Water. Back in 2005 we approached the whole sewer system situation, which we went to Boise and Boise said if -- if Meridian will waive the requirement, then, you can connect up to the Boise sewer system. Well, we came to you -- I don't know if you remember, but we came and got one -- an agreement just like as you said where Meridian allowed us to go ahead and connect up to Boise sewer until Meridian got out there, in which case we agreed to connect to the Meridian sewer system. Well, we went back to Boise and Boise just flatly denied it and decided they didn't want to do that. So, you know, I guess we sort of got caught in the middle here, because, you know, like I said, we were counting on being able to connect to United Water when we first purchased this property, it wasn't a problem back then. Now, it is. And we are right on the line. So, it's just -- it's a big difference to us and we don't have -- you know, if we were -- had big pockets, then, perhaps, you know, the thing about being reimbursed for that amount of, you know, line that we would have to put in, would be an appeal to us, but that's really not the case. So, what we are looking at is just not being able -- it's going to take us longer to get out there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My opinion is United Water, they are a private company for profit and they will go anyplace they can. I'll guarantee you they will go into Meridian's area if they can. The reason we allowed it to come across Chinden Boulevard was because we at that time in '97 or'98, our water was way down -- we didn't have water or sewer even close to that. It was before the boom started out north. That's why we allowed it at that time and we said at that time it's a one time deal. You got water within 1,600 feet, I understand, of your property line. Meridian City Council June 1, 2010 Page 28 of 31 Rountree: Eighteen hundred. Eighteen hundred. Bird: Eighteen hundred. I don't know, I just -- I have a hard time -- I mean we don't -- to my knowledge we have never went into to anybody else's area of impact with our water or sewer. I just think it's a policy that we don't want -- I don't want to get involved with. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I mean -- and the pastor raised the issue, but I mean there are two different things and the Council will recall, you know, as he stated, the discussion about this parcel back in 2005 was sewer only and we were talking about sewer service at the city of Boise and an agreement that would assure that they would solve the problem that Council Member Hoaglun raised is that administrative problem of unhooking the sewer system from one to another at some point in the future. Water system is a little different and as Mr. Radek has pointed out in this map, each time the Council has been asked about service, whether it was Black Rock or the LDS church down here below Lake Hazel, the Council has always said they needed to bring the water lines to those parcels, because of the service area issue. We spent a number of years in negotiations with United Water to create these service boundaries for those very reasons and we did the same thing on the north side of Chinden, not just in the -- the area where the Catholic church is on Meridian Road, but also in the area of Linder Road north all the way to the river, that's another United Water service area and the city did choose to allow United Water to serve in the city's area of impact to negotiate to be able to serve in the United Water original service area by the PUC, they agreed to take it out of their service area, so that we would be clear that we were the service provider for this southern portion of our area of impact. So, the Council has discussed it in a number of ways, but I just wanted to put on the record the water line decision and the sewer line decisions were two different things -- two different -- decisions were different purposes for providing those services. So, although they seem the same, probably, from the church's perspective, they weren't -- they weren't made very lightly and they were considered because of the services that were being provided are different. Zachman: Right. I understand. I guess -- I don't know if it would be possible to do that same sort of waiver to connect up -- you know, if we had to connect up to Meridian's water at the time that Meridian gets within a reasonable distance, but it does say 1,800 to our property line, but, again, that doesn't do us any good, we have to go clear to the other side of our property line, which is 2,300 feet. So, I guess that's all I have to say, so I'm just at your mercy. Thank you. Appreciate it. De Weerd: Thank you. Meridian City Council June 1, 2010 Page 29 of 31 Hoaglun: Madam Mayor, a question for Kyle. If ask -- and I don't get the sense the Council is leaning this way. If they hooked up to Boise water -- or United Water and with the condition that once that line's run down they switch over to Meridian, they would still have to pay their share of the cost, just as if they were to run that line down, future development would pay a share of that to them, but they would also -- they would have to -- still have to pay for their share when they switch over to Meridian water, if we were to go that United Water route. There is going to be a payment either way. They would come and service their property and, then, future development, they will get the portion of that cost expended back or if someone else extends that line, they would have to pay for their share of that. Is my thinking on that correct? Radek: Madam Mayor, Councilman Hoaglun, good question. It really depends on how that line would get extended, because typically a developer won't get a reimbursement agreement if he's -- like if, for example, the development occurs the way we would all like it, from where the water is to where the water goes. In that case the developer that's -- that's hooking onto water and just building fronting his property, he's not looking for a reimbursement from anybody, except perhaps the guy across the street from him. So, if that's the way it occurs, then, when it finally, you know, reached this parcel, there would be nobody looking for money from this person. Now, if the parcel just to the west were the one to drag the water line all the way, then, they would be a benefiting -- benefiting property area of -- beneficiary, I believe we call it in the reimbursement policy, and, then, perhaps that developer would be looking for reimbursement from his property being of benefit of the water line he just built if they were to switch over at that time. So, it's a tough question to answer, but it could go either way, I believe. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I think Kyle said it before, but if United Water requires the parcel to be to and through, then, they have to pull it all the way to the western boundary of their property, therefore, then, you will be having this same discussion with that western property owner saying United Water is right here on the edge of my property, you're still 1,500 feet away from me and have the same discussion with that parcel, as well as, then, the next one. Bird: And everybody on the end down there. Zaremba: Well -- and, then, the property owners across the street to the north are going to jump in on that as well, so -- as Mr. Radek says. Radek: Yeah. Madam Mayor, Councilman Zaremba, that was my discussion with the United Water engineer today was we had assumed that if we were going to serve that parcel on the south we would be serving the parcel on the north, so -- Rountree: Madam Mayor? Meridian City Council June 1, 2010 Page 30 of 31 De Weerd: Mr. Rountree. Rountree: We did indicate -- and Kyle's indicated -- Bill has indicated that it took awhile to reach this policy. It's a policy that's been in place. It establishes the line. I think we have to recognize that that was our desire -- or previous Council's desire and, therefore, I would move, if we need a motion, that we deny the request for the exception of the policy for Item 9-B. Bird: I would second it. De Weerd: Okay. I have a motion and a second to deny the request. Is there any discussion? Hoaglun: Just a quick comment, Madam Mayor. You know, we try to work with applicants, find ways to make it work, and sometimes it just didn't work, but we try. De Weerd: Okay. Hearing no further discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Council, we are at the end of our agenda and I would like to remind you that the city newsletter is out and so, please, take a look at it. Shelly always spends a lot of time and effort to make it clear and present our city in -- to our community, so -- Rountree: And the early morning meeting. De Weerd: And a meeting with ACHD in the morning at 8:00 -- 9:45. Rountree: 9:45. De Weerd: Is that early morning? Rountree: Well, we have one earlier than that to Boise. Bird: That's to Boise city. De Weerd: That's right. Rountree: To find out what the state of the state is. De Weerd: Okay. I will entertain a motion to adjourn. Meridian City Council June 1, 2010 Page 31 of 31 Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) G / Zi / /v DATE APPROVED ATTEST: ./ JAYCEE . HOLMAN, CITY C Of- RPO,q'�'''�''�� o Fo .�R &KAL = 0"I'r n it Changes to the Agenda: Item 8.11 — Continue to June 22, 2010 Item 8.A — Spring Creek Ustick (MDA -10-006) Location: The site is located on the southwest corner of Ustick Road and Meridian Road. Application: Development Agreement Modification History: In 2006, the subject property was annexed as Ashtyn Park (AZ -06-034) and was granted approval with an L- O zoning district. A Development Agreement (DA) (#107022433) was required with annexation of the property and required the site to develop as an office park. Highlights of the Request: When the annexation was approved in 2006, a development agreement (DA) was approved that included a conceptual site plan for a six building office complex. Now, the applicant is requesting to amend the DA to develop the site with a single story 30,000 square foot assisted living facility. The recorded DA requires compliance with an approved concept plan that depicts six office buildings, limits building size to 5,000 square feet and limits development to only the principally permitted uses in the L -O zoning district, but not conditional uses such as an assisted living facility. Further, other provisions require the installation of the landscape buffers prior to occupancy of the first building on the site. The applicant has provided a new concept plan and new building elevations that depict the future development of the site. If the DA modification is approved, the applicant will have to obtain CUP and design review approval. The DA modification is needed before the applicant can move forward with subsequent applications. Recommended DA Provisions: 1. (Section 5, #1) That development of this property shall generally conform to the Concept Plan prepared by Aspen Engineers, dated 5-04-10, labeled Spring Creek Ustick, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 2. (Section 5, #6) The uses allowed pursuant to this agreement are those uses allowed in the L -O zoning district listed in UDC Table 11-213-2. 3. (Section 5, #7) That the h,.ufs of operation shall be limitedto 6 a.m. to !Op. 4. (Section 5, #8) That one building may be constructed on this site. That said building shall not exceed a maximum size of 30,000 square feet and limited to a sin lg a -story. Roof pitch shall be 6/12 with awnings over exterior entrances and variations over windows. Columns shall be constructed of stucco and/or stucco accents as submitted on the concept elevations (attached as Exhibit A.3). Windows with colored trim and accented fascia to be included. Said structure shall conform to pictures/elevations submitted with aU CUP and design review applications and as determined by the Planning Director. 5. (Section 5, #9) That a 25 -foot wide landscape street buffer will be constructed adjacent to Meridian Road, and Ustick Road, unless approved through alternative compliance, located entirely outside of the right-of-way; that said landscape buffers shall be installed prior to occupancy of the assisted living_ facility f'f�ee buildia on this site. 6. (Section 5, #10) That a 20 -foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers shall be installed prior to occupancy of the assisted livingfacility first effiee bttikhng on this site. 7. (Section 5, #15) That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. NO Change Outstanding Issue(s) for City Council: The applicant has requested the removal of DA provision #15 which requires the installation of a pressurized irrigation system. UDC (11-3A-15) requires the each development to provide a pressurized irrigation system; however, these standards may be waived if the property does not have water rights in an existing irrigation district. The applicant stated in the narrative this is the case, however verification from the irrigation district was not submitted with the subject application. Therefore, City Staff recommends Council require Item 8.0 — Bridgetower Crossing Subdivision No. 14 (TE -10-015) Location: The subject property is located east of N. Townbridge Way, north of Ustick Road and approximately a '/ mile west of N. Linder Road. Application: 18 -month Time Extension History: • The final plat (FP -06-004) for Bridgetower Crossing Subdivision No. 14 was approved by the Meridian City Council on February 28, 2006. The final plat consists of 60 residential lots and 4 common lots. • The Director granted an 18 -month time extension (TE -08-021) for the subject plat on October 9, 2008. The subject plat is set to expire on June 6, 2010. • On May 26, 2010, Council granted approved a final plat modification (MFP-10-003) to allow the applicant develop the property in three development stages. Highlights of the Request: The applicant has not obtained City Engineers signature on the final plat due the slow down in the real estate market. The subject phase is one of many that is either planned or is already constructed in the Bridgetower Crossing development and is the last remaining residential phase that has not been recorded. The City may require compliance with the current provisions of the UDC as a condition for granting a time extension (UDC 11 -6B -7C). As part of the approval process, the site was subject to a DA but no elevations were tied to the development; only a concept plan. Staff has reviewed the pertinent files regarding the Bridgetower Crossing Project and offers the following: 1) The plat complies with the current UDC standards regarding the R-4 dimensional standards, open space and site amenities. 2) Regarding single family homes, none were ever reviewed with any previous applications or with the subject phase. With the approval of the previous administrative time extension, Staff determined that additional conditions were not required. It is important to note, a vast majority of the open space/amenities (pedestrian paths, water features, recreation center, elementary school, street buffers and neighborhood park) and multiple phases are completed. Because this will more than likely be the last remaining residential acreage to develop under the approved PD and all other requirements have been met per the approved PD, staff is not recommending the recorded development agreement be amended to tie elevations to the subject plat. Outstanding Issue(s) for City Council: None Written Testimony: None Staff Recommendation: Approval Notes: Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: May 18, 2010 City Council Planning and Zoning Commission Joint Meeting Minutes MEETING NOTES k CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridan City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Water Easement for Treasure Valley Veterinary Clinic Located at 2600 S. Meridian Road MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS L-7 ADA COUNTY RECORDER J. DAVID NAVARR6-- AMOUNT .00 6 BOISE IDAHO 06103/10 11:26 AM DEPUTY Use Batt RECORDED—REQUEST OF III IIIIIIIIII IlIIIIIII III II II Meridian City 110051281 THIS INDENTURE, made this day of .) ov%e , 201 Q --between Richard L. Shackelford , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main 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 EXHIBIT 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. IT IS 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 meridian, Idaho Water MainEasemcnt EASMT.WTR 1-29-091- 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 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. Secretary STATE OF IDAHO ) ss County of Ada ) On this day of ) , 20 ' before me, the undersigned, a Notary Public in and for said State, perso ally appeared Richard L. Shackelfordd and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my h and affixed my official seal the day and year fist above w ' P� + W •U 0 '�F9 OT R bx,Y'•, — s NOTARY PUB IC FOR ID HO (SEAL) Residing at: ' ,'0B LAG .' Commission Expires: D l City of meridial %o P Water Main EasenienH :-' EASMT.WTR 1-29.09 1- 2949.doe GRANTEE: CITY OF MERIDIAN Tammy de Wee , Mayor -4.1e - -j - / cz" Attest bdaycee L. Holman, City Clerk Approved By City Council On: (D ''l STATE OF IDAHO ) ss County of Ada ) On this l day of , 20 IS , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0,689440 JO•• •��` }(SEAL)' • . 0 OF N ARY PUBLIC O HO Residing at: 10(alnn Commission Expires: City of meridian. Idaho Water Main Eascment EASMT.WTR 1-29-09 1- 29-09.doc F ri t -A Treasure Valley Veterinary Hospital Water Easement Legal Description An easement located in Government Lot 3 in the SW %< of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being part of Lot 2 of Block 1 of Volkman Subdivision as shown in Book 53 of Plats on pages 4652-4653, in the office of the Recorder, Ada County Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northwest corner of said Government Lot 3 (W % Corner), from which a 5/8 inch diameter iron pin marking the southwest comer of said Government Lot 3 bears S 0"11'41" W a distance of 1330.56 feet; Thence S 0011'41" W along the westerly boundary of said Government Lot 3 a distance of 634.11 feet to a point; Thence leaving said westerly boundary S 89052'28" E a distance of 60.00 feet to a 5/8 inch diameter iron pin on the easterly right-of-way of State Highway 69; Thence S 0°11/41" W along said easterly right-of-way a distance of 112.55 feet to the POINT OF BEGINNING; Thence leaving said easterly right-of-way S 89048'19" E a distance of 7.00 feet to a point; Thence S 0011'41" W a distance of 14.00 feet to a point; Thence N 89048'19" W a distance of 7.00 feet to a point on the easterly right-of-way of said State Highway 69; Thence N 0°11'41" E along said easterly right-of-way a distance of 14.00 feet to the POINT OF BEGINNING. This parcel contains 98 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS �� '—L A No Land Solutions, PC May 6, 2010 0 11118 0 </yT�0F\0�CO 'LOW W t. i"4 4+oliutiion� Treasure valley Vele Job c 1 -2 I Puna SurrgMg and CormM "p TREASURE VALLEY VETERINARY HOSPITAL UNE TABLE UNE LENGTH BEARING Lt 7.00' S 89'48'19' E L2 14.00' S 0-11,717-W 0 7.00' N 89'48'19' W L4 14.00' N 0'11'41' E E IDIAN�- PublicI D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 5/20/10 Mayor Tammy de Weerd CNy Ceo Wl Membem Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water Easement for Treasure Valley Vet Clinic – 2600 S. Meridian Road I. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement for the City of Meridian. This easement is for a new water meter and fire hydrant which will serve an existing veterinary practice on Meridian Road. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Bruce Freckleton, Development Services Manager Scott Steckline, Land Development Supervisor Steve O'Brien, Development Analyst II Supervisor Approvva C A4—,S: ZZ I o Scott Steckline Page 1 of 1 489-0372 489-0362 489-0369 489-0371 Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance MEETING NOTES _ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS -Z> - 1 t'ire n�eri� roar")L> v l -c�o Conger' �a rte-}- G rou a S �E I D I AN�-- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: April 27, 2010 Mayor Tammy de Weerd cls„ CmW1 Memberss Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF STREET LIGHT AGREEMENT WITH THREE CORNERS LAND DEVELOPMENT LLC FOR STREET LIGHT MAINTENANCE I. RECOMMENDED ACTION A. Move to: 1. Approve the street light agreement with Three Corners Land Development LLC; and 2. Authorize the Mayor to sign the revised agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Three Corners development is located off of Locust Grove Road, just south of Chinden Blvd. The developer for the project, Three Corners Land Development LLC, is required by City code to install street lighting. The City allows developments to have non-standard, decorative street lights provided the developer (and any future homeowners association) agrees to maintain the lights. This agreement provides for maintenance of the street lights by the developer with electrical costs to be paid by the City. 1 of 2 IV. IMPACT A. Strate ig c Impact: This agreement with Three Corners Development protects the City from the higher costs of maintaining decorative street lights while providing flexibility to the developer. These benefits further the goal of the Public Works Department to increase street lighting in Meridian in a fiscally responsible manner. B. Service/Delivery Impact: This agreement provides for the installation of 6 new street lights for the development. Calculations were provided to Public Works showing that the decorative lights provide sufficient levels of lighting. C. Fiscal Impact: Idaho Power provides basic maintenance on the City's standard street lights. Idaho Power will not provide basic maintenance to decorative lights; therefore, the City requires the developer or HOA to provide maintenance. The City realizes cost savings by not having to provide any maintenance of the decorative street lights. In addition to these savings, the City is charged a reduced electrical rate by Idaho Power since they will not be providing basic maintenance. V. ALTERNATIVES Council may choose not to approve the agreement and require the developer to install the City's standard street lights. This would result in a slight increase in cost to the City for electrical and maintenance costs. VI. TIME CONSTRAINTS Council's approval will allow the developer to satisfy the street lighting conditions of the development agreement and City code. A street light agreement must be in place before certificates of occupancy will be issued. VII. LIST OF ATTACHMENTS A. Street Light Agreement r_ Approved for Council Agenda: MMA il=:� Z - Warren tewart, Engineering Manager 2 of 2 5A//0 ate QCH1$iT Pt CITY .OF MERIDIAN STREET LIGHT AGREEMENT This Street Light AGREEMENT is made and entered into between the CITY OF MERIDIAN, hereinafter called CITY and TUM CORNERS LAND DEVELOPMENT LLC, hereinaf% called TOLD, pertaining to the street lights in Phase 2 of the Three Corners development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. TCLD has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to the development known as Three Corners in Meridian, Idaho. The parties aclmowledge that the 6 street light poles and appurtenances were specially ordered items, not of a standard type used in Meridian, Idaho. 2. TCLD, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that TCLD, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood. by the CITY that bulbs, and/or ballast, do bum out and that the CITY will allow reasonable time to replace them. 3. It is agreed that the CITY will authorize and pay for the electrical service to be supplied to the 6 street lights located in Three Corners in the usual and customary manner. 4. It is agreed that the CITY, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is- understood and agreed that TCLD will assign its rights and obligations hereunder to a homeowners association when said association is formed and operational. This AGREEMENT shall be binding on the homeowners association of the Three Comers development, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of Vy 2010 STREET LIGHT AGREEMENT Page 1 of 3 ATTEST: A -Ot,� aycee R61man, City Clerk Approved by City Council on: GWft- -A CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By y de Weerd, Mayor ``�y of��MER/o�q�,''' o SEAL 40 o� Three Corners Land Development LLC, An Idaho limited liability company By lLLc� Dave Dean, Member STREET LIGHT AGREEMENT Page 2 of 3 STATE -OF IDAHO, ) County of Ada, On this � day of J v he., , 2010, bef ore me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and Jaycee Hohnan, known to me to be the Mayor and City Clerk 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 fust above written. ,0080•• TAR .� S '00 0000,.. STATE OF ,) . ss. County of ,) :JA-�, �, • • On this%4day of 201A, before me, the undersigned, a Notary Public in and for said State, personally Appeared DAVE DEAN, known to me to be a Member of TBREE CORNERS LAND DEVELOPMENT LLC, an Idaho limited liability company, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and .affixed my official seal the day and year first above written. , � SEAL « . ;n7'1 y • I! � c yam. � • v3.:. ,..•C ,� 6 NO ARY PUBLI FOR IDAHO RESIDING AT MYCOh%fiSSI0NEXPI11ES j STREET LIGHT AGREEMENT Page 3 of 3 Meridian City Council Meeting DATE: June 1, 2010. ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Purchase Agreement for Bittercreek Lift Station and Pipeline MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 06115110 12:06 PM DEPUTY Vicki Allen III I�I,�IIIII'll'I�'ll'I'lll'IIII I'll RECORDED -REQUEST OF 110055185 Meridian City PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE THIS PURCHASE AGREEMENT is made this _ \ day of Jvrf- . 2010, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY". 33 East Broadway Avenue, Meridian, Idaho 83642, and JLJ Enterprises Inc., hereinafter referred to as "DEVELOPER", whose business address is 1560 Carol Street Meridian, Idaho 83642 INTRODUCTION WHEREAS, DEVELOPER owns land outside the corporate limits of the City of Meridian and desires to construct the Bittercreek Lift Station and approximately 25,000 feet of Sewer Pipeline (shown on Exhibit `B"), WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY has assigned the construction of said Lift Station and Sewer Pipeline to the DEVELOPER to construct the said Lift Station and Sewer Pipeline, subject to all conditions hereinafter provided by this Agreement; WHEREAS, pursuant to that assignment the DEVELOPER publicly bid the project and awarded the contract to Eastern Oregon Construction (EOC); WHEREAS, the DEVELOPER and EOC have severed their contractual relationship; see Exhibit «C,,. WHEREAS, the parties have entered into a purchase agreement for the existing infrastructure and City wishes to pay all remaining construction, soft costs and retainage, indicated below, to finalize the City's obligation to Developer for the Project; WHEREAS, the City has purchased the existing materials that have been procured for the express purpose to use for the construction of the remaining sewer pipeline necessary for the completion of this project; NOW THEREFORE, in consideration of the foregoing premises and subject the following conditions, CITY and DEVELOPER hereby agree: PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 1 of 5 TERMS AND CONDITIONS 1. Scope of Purchase Agreement: 1.1 DEVELOPER a. Developer shall maintain the performance bond for the work that is paid for by this agreement until the City grants a release in writing. Developer shall be required to execute at the request the city the performance bond at any time for any reason. b. The Developer will assure that all lien releases for City are received or furnish a statement by Eastern Oregon Construction with Indemnification or to hold harmless for the work paid for by this agreement within 30 days of execution of this agreement. c. City shall pay all remaining costs to Developer through the escrow account previously provided by Developer. 2. PAYMENT A. Fiscal !=act: Total (Not to exceed amount) $83,112.09 B. Payment will be processed by City to the approved escrow agreement. (See Exhibit "A"). C. Payment of this Agreement shall be considered final payment for all services rendered for the Bittercreek Lift Station and Pipeline Project. 3. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 2 of 5 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 888-4433 JU Enterprises Inc. 1560 Carol Street Meridian, Idaho 83642 Ph. (208) 955-6655 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 4. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 5. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 6. Assignment: It is expressly agreed and understood by the parties hereto, that DEVELOPER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 7. Termination: If, through any cause DEVELOPER,, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to DEVELOPER of such termination and specifying the effective date thereof at least fifteen (15) days PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 3 of 5 before the effective date of such termination. DEVELOPER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by DEVELOPER under this Agreement shall, at the option of the CITY, become the City's property, and DEVELOPER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 8. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 9. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney's or the opportunity to seek such advice. 10. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 11. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 12. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - page 4 of 5 BY: TAM WEERD, MAYOR Dated: 6 -1 -to Attest: [3� NA , CITY CLERK L. Jewett[ :bc rr .�V s TITLE:y uc- (3o(tS ( Dated: u k 7, zolo Approved as to Form CITY ATTORNEY let to DATE PURCHASE AGREEMENT FOR BITTERCREEK LIFT STATION & PIPELINE - pap 5 of 5 Exhibit "A" Pi-o-n-eeraTitle-Co-.1 GQING BEYOND 8151 W. Rififtm AM /901 e, Idaho 83704/(108) 377--2700 COMMU0 ON DMURSUOMT HismucnoNs Developer ILI Bmwismi ]no. Escrow No. 4086 FigIaApA4103 Battle Idaho 83616 Qual actor. Baslam Oregon COMMICllen, LLD Date July 30�� , 7,m P.O. &6a0,Onauio Qiegoa 97914 Admhtf kdw CityofMeridtra Ptgject: Blttar creek LiRStatroq To: Pionem'TI&C;cugmWofAdaCounty iLI Emerptisq, Int., haaivafter referred to $a "Developer", Eastern OMM Construction, LLC, herciaaiter+ &nod to ser "Cotrtraet6r," and CRY of Maldiaq, WcbDftwrefaibd to as %A (Colles ively refatred to a the ' ' jy hereby butruct Picow Title Comm of Ada County, hemina&r referred to a "Maraoa; as escrow ageotas follows; WHME4 no rote and made aDeveloper, Canhactor and Admkismaw have a t ned into a ewv�ion evemo� which is part of by raferenee, in oaten with &a ecmhocdoa on the fonowing darn'bed proms Pro.I-tBittacCr"kLi*8tWm WMEA3, Tho Parkes desire Escrow Holder to dMurse the !Salto sot forth in oho eemm melon agnnsuent noon the W- and condom harebmft set fork. NOW THEREFORE, hs wnsidemU= of the mutual covenant, conditions and p Moa herein contained. the Pa¢kes hereto do hereby agree as foUowy; 1. From tb m to time the Pukes wM submit 8se Amdd for disbtssenemt to the Escrow Holder. 2 Coaueetar shall -submit a draw request to the Developer for approval which wll3 contain favof m with tiro addrtmas and phase nmslbers Lor each enft to rave fiords. Developer MR mvlew said mgtseat and fmv mrd to fir, for MW approval. Administrator wHI have &W appto-Al acrd will W the party to wtborlm and his MA fm wtM3& Escrow Holder to disburse Maids. 3. Escrow iioIdar will dlsburde to each st>bcontracprr, supplies antler Oesesa] Contractor, theirrapective ftasds a set out In the Instructions from Admioistraor Paaow Holder b fastrttcaed to obtain lien waivers an all Cherie & mased, undoes otheawise directed by Adrainh traw The parties convent and agree with etch okra as foHoavV Escrow Holder *=am no liamlity to the Parties for Lbar or meehmWs Um claims, except and to the extent that &m w Hodtiet tans to Perform dl* obligations is ecoa dam wiles this Agtament. It IS exprrsa(y mrdarMood that Pioneer Is Acting solely a a &bmummt sW and dhall have no responsftlity for my cormtruction fnspoctlow of nary kind, or for usta tg the cxarec4uess of aw billing from my subcoamlctor or suppllar, or for any funds disbursed to the Conhaetar, wbeoutraetors and/or suppliers. And farther. that Escrow tdokdar swam no MPotssHtHfty for the ocmpietiors ofc04strrfctioatrihe wodm embip pafornsed. Escrow Holder sball not be bible to the Parties fbr any doss or damage except and to the e a tent do Escrow Hodder Nis to disbmm in accordance with these instructions. page 6 of 13 3 The Parses -Jarowl edge thst at1 Burda deposited whit Escrow holder aha!! 6a depos(ted auo a Tryst Account and SBALLN07 earn interest, � The dis cot fee abaA ba,15Q0 QQ and gtltl ke pai�.atfile.time dm fti ab act upgr at tba 1�r5ttinw. Fee b *ad on tttade otp:e a mOafh._ Escrow Holder reserros the tv ma]®aa additional.oha�ge to iho evet� that # MY �M am made in these koftuadons. f In the evmt of Soy dltagreMOd l dwfta @te pwifuh'urdo or advem 00i4 MOAW 441.b* armed to rd to comp '�hf mwuls so � ht dte evept ofsop6• bi$.pjontet mtpr iefiiae'oo deitvet enY tnoniea Involved with th@ em Fmdjjr, sub or acdas _ I'ioa�or shaA have tba right'to employ FO L"I to advbg and/or rep estot it in qy and the Ow' LD"kg bui hot I to ab �a Actlon brought Piot, Pioneer To %o W" 1 be J"y Ed aevice Mla to Piodeer. fbr =W and all fees ca foes 1k=md by tA Voo demane} *41 fo ftapay the s&ao to Pioneer. t CONIiiACT01 page 7 of 13 F YF s Vl fdd ne kgo ��661�.'1i.3.fA.'•�c'�� :i.�•'�J�i. 1�'a'. �=2l_t"'.:a:�'�`LLR�Z A; I 9 5 CH2MHILL a a GENERAL ( : Q VICINITY NAP. LOCATION MAP, R LISTOF DRAWINGS BITTER CREEK LIFT STATION AND PIPELINES PROJECT MERIDIAN WASTEWATER CITY OF MERIDIAN. IDAHO —..»c 9 - c a O p M �A-0;0 Z -nn MX cm —111�6 Z�°D O- A r W iMID o m>. 40Z aasaas_eaxa�ag;�»»- 40 i "ata 10/23/2000 161.53 PAZ 203343.1232 tit r. mar SINN 0aftW 231 2" PRO= tis SOIFAa EXEaw acr BY-FACMdMER AND CM7 wM WA1L wnvlw lw4mmierRsftra mamaww C E12M EML 7MLand QUVp I= doPe laRRobfam dohanDante 3n B.Pmat skIxL bite= 4d2 S ShornDft Saila t0D B01ee, ID 837M Bye, ID 83616 21i1Z.3453315(firos6o W) ' =MAW ( p7e) Jsamot L. lows t B*rgibas, Ina ]3JJi. Meru, ID 83642 .208.9.33.6635 (tietsimtle) Re: Bl#tet %� ed� L1i� 8feti�t ruaod �ip�ei Pr0)at N0Tf+C'1!i 0P'xMM TOT ATB Oeatle�eta Pimm be td nd &K =hw Baslmu Oregon Cao cn, mcmin reotives bu payment ofitsi 9and m*dApp ffirPsymantov•App&vdm'9byoaktw3o.200,BOO inEMA2 tb ea wdw ft ridib the as ASmwmft batweoa J.L.I. Bamtpd 4 Tao.mwwr)emd80Ce hftto**Dj#w `taaklA&montadPlpa13mpsicaepwison parmmt m SeOd=15.04.AJi mdAw 1iMAJg amts A pm"Ooh. lbs Fr(C3�2M�L Sad StvTsudCbouF)bt38�eetm 3otou:od/or0�bv S0e3 mpgy both � etre � dttep�aaetnti0 QtsYto�gt Pely�ttprvyi3ieo3 to fln� in 8ecxioa 14 oftia;l�geeeamt (learns! Oo�llaot: FAC Sts oot�ted ai>b s11 progiats psymsot p¢oaeduaes etud timely s0brodtt� lite � to the Zq&wcnAulW 19 and Septate bar 14,2009, Pwjwwta S%tlan ser�srootdttOAt'.tne�t ARCMArAott - rwINO • r:uewe .ratan • OWp:A00. OrBYit .for waren • YAOttON MlIX p Mrt- NNOtrtn • PORTLAND • SA! rttnm:ato - /RATTLE • BiANOW" - W"WINGTOr. G.c' raMinewul;tW wall PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BTl'ZERCREEK LIFT STATION AND PI TIME' ' page 9 of 13 N t 10/23/2008 itl:s7 PAZ 2083433232 PJet1M COIN WVAZ 13007 Page 2 14.10 AI ofdw A, Gana CmdhW%fire taga*14 wimbt 10 days or reoespt of Bre to eidiarwdQay amdpceseodt tba Apps to Owner arrewaudimn10 30CmdpWTWa't *rt�gtoreaapma apayMea As u ftarrAp mhu bacuMmed to pa9ramdbmbmt by ft Rngijoer to dm Owz". Pm=u2 to 14,=3 .of do 9applamwb q amr ftw p jrffip pWmaat by 0armea beoenm dus?A days iRar$ smote ba dee Owner and is pW6m on bo& An&ad ms. Pa:a m to Naha Lw, intamd bqW to seaman the purInat,Pal aaamusb at Poo rata a� i 3'K per aru�aue a,6an Qray became doe and onvitog. BOC 6 on" to codk=� tvbh woxit aatbe Prt�Ot eaittromt oip�nt � have aaiseer oar tTae'f�eot {doe to nofanh afE+OCJ why have egad POL'�a ab�►� p Ifiae is ao araarga fbrt9rn'd0vae aip�r�t to be made aoa eta cotdiurro B etc and m dam. As the oontasdoy SOC esn<rvt 6B ea�sd dgci6aoot aMditMW WPM= in the abeanoa of BOC wouldp eft nat to c=dlae its to tlD3ft p Sae A$Mft mt and cmdmne sloWng tlta Ownarand flee Cii7 ot'l6rkNim 1n nA6 an amicable rawh i = ofttw imm between t6sa Ebwevar, in the abm m afpay00% BOC =99POW ib ird=m and cmrin tit rlgbb the Agrevat 4 to do ma. VON. October 30; 2009 dvediiaa. please aata tbatHOC tubmaittediie Stud App m ro do man Ootobar3pdr. 8UC reserves its rigida sad tetnddios with �at+d to all ocher Yeifietavaitebte m�er!!re Agrrsanaent a� at law, bot no# � to seoovay ofdm �►ptaaented in my iatier ot'Ootaber 13y 2009and recovery of eU wo and related hems Bei lhrda ba geaft I3A3. Siaaeael,Y. Ria>satd C.1i RClkgd as W1ti 'arra IK Na:Y {by IIs rM-9l4.87?3]j Weer Wetbkb (by mmJ) NOW Gleam (by ernam 6110se0r8�F.1o+�rt7rr»�r PURCHASE AGREEMENT AND PROGRESS PAYMENT FOR BTTTERCREEK LIFT STATION AND PIPELINE, page 10 of 13 JLJ Enterprises, Inc. 1560 S, Carol St Meridian, ID 83646 To: City of Meridian 703 N. Main St. Meridian, ID 83642 Date Transaction Bittercrcck Lift Station - 12/07/2009 INV #BC -l. Due 12/07/2009.Orig. Amount $290,201.53. 05/10/2010 ❑VV #BC -3. Due 05/10/2010.Orig. Amount $36,405.67. Statement Date 5/10/2010 Amount Due Amount Enc. $83,112.09 Amount Balance 46,706.42 I 46,706.42 36,405.67 83,112.09 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 36,405.67 0.00 0.00 0.00 46,706.42 1 $83,112.09 Page 11 of 13 Apr 26 2010 9:01AM EOC Eastern Oregon Construction, LLC P.O. BOX 640 ONTARIO, OR 97914 OFFICE 541-889-3388 FAX 541-889-3811 WI To ELI E 47ERPWSSE INC. & BTI'IERtCREE& LLC BITMCRM MEADOWS IIOA 1360 CAROL ST. MBRIDIAN, ID 83642 p.3 Invoice Date Invdae # 42DW 0 362 Page 12 of 13 P.O. No. Terms Project Na 15 09.07 BTIIERCRM K Quantity Description Rate Amoxud CITY OF MERIDIAN BITTERCREEK LIFT STATION AND PIPEIMES 700 10 -INCH HDPR FORCE MAIN 17.00 11.900.00 700 6 -INCH FIDPEFORCE MAIN 11.00 7,700.00 30 10 -INCH PVC FORCE MAIN 17.00 510.00 30 6 -INCH PVC FORCE MAIN 12.00 360.00 2 C1.EANOUTS (10 -INCH FORCE MAIN) 2,700.00 5,400.00 2 CLEANOUTS (&INCHFORCE MAIN) 2,300.00 4,600.00 1 COMBINED AIR REJEP VALVE ASSEMBLIES (SBWAGE)MANHOLE ONLY. 1,704.00 1,704.00 SEEAITACHED INVOICE 1,420 COMMON EXCAVATION 2.00 2,840.00 1 BALANCE OF RETAINAGE 13,440.45 13.440.43 Total $48,454.45 Page 12 of 13 JLJ Enterprises, Inc. 1560 S, Carol St Meridian, ID 83646 Bill To City of Meridian 703 N. Main St. Meridian, ID 83642 Invoice Date Invoice # 5/10/2010 BC -3 Page 13 of 13 Terms Project due upon reciept Bittercreek Lift Station Description Est Amt Prior Amt Prior % Curr % Total % Amount 10" HDPE Force Main 195,721.00 83,984.73 _42.91% 6.08% 48.99% 11,900.00 6" HDPE Force Main 126,643.00 27,755.39 21.92% 6.08% 28.00% 7,700.00 10" PVC Force Main 510.00 100.00% 100.00% 510.00 6" PVC Force Main 360.00 100.000/0 100.00% 360.00 Cleanouts (10" Force Main) 21,600.00 25.00% 25.00% 5,400.00 Cleanouts (6" Force Main) 18,400.00 25.00% 25.00% 4,600.00 Combined Air Relief Valve Assemblies 13,500.00 12.62% 12.62% 1,704.00 (Sewage) Common Excavation 48,808.00 22,254.00 45.60% 5.82% 51.41% 2,840.00 Subtotal - Base Contract Amount 1,403,866.00 2.49% 2.49% 35,014.00 Grand Total - Construction Cost 1,410,353.00 2.48% 2.48% 35,014.00 3% Management (Payable to JLJ) 42,310.59 11,045.86 26.11% 2.48% 28.59% 1,050.42 Engincces Constr. Admin. 118.26 7,993.26 6,759.06% 288.56% 7,047.62% 341.25 Subtotal - Soft Cost 116,000.29 1.20% 1.20% 1,391.67 Total $36,405.67 Payments/Credits $0.00 —]Balance Due $36,405.67 Page 13 of 13 DATE: June 1 2010 ITEM TITLE: Second Amended Bittercreek City Council Meeting ITEM NUMBER: PROJECT NUMBER Agreement for Sewer and Water Service MEETING DOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS qM ©rtiaina\ 4o Shxee- GA --A ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4 BOISE IDAHO 06115/10 12:06 PM RDEPUTY ECORDED c R Allen QUEST OF Meridian City 110055186 SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE THIS AGREEMENT is made and entered into this I day of vnc. 2010, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and JLJ ENTERPRISES INC. or assigns, as hereinafter defined, BITTERCREEK, LLC, or assigns, as hereinafter defined, and, the BITTERCREEK MEADOWS HOMEOWNERS ASSOCIATION, hereinafter referred to individually or collectively as "SEWER/WATER USER," Developer, or HOA. This is the second amended agreement between the parties. The prior agreements entered into October 4, 2005 (Agreement 1); and entered into May 16, 2008 (Agreement 2). THE PRIOR AGREEMENTS BETWEEN THE PARTIES ARE INCORPORATED BY REFERENCE AND ARE STILL IN FORCE UNLESS SUPERSEDED OR MODIFIED BY THIS AGREEMENT. RECITALS: 1.1 WHEREAS, "JLJ Enterprises Inc. and Bittercreek, LLC" are the developer of certain tract of land in the County of Ada, State of Idaho, more particularly described as the amended plat of BITTERCREEK MEADOWS SUBDIVISION, according to the official plat thereof recorded on the 27`h day of June, 2006 in Book 95 of plats at pages 11732 through 11735, as instrument No. 106102994, hereinafter referred to as the "Property"; and 1.2 WHEREAS, CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and JLJ ENTERPRISES INC. or assigns, as hereinafter defined, BITTERCREEK, LLC, or assigns, as hereinafter defined, and, the BITTERCREEK MEADOWS HOMEOWNERS ASSOCIATION have previously engaged in Agreements to provide Sewer and Water Service to Bittercreek Meadows subdivision; and 1.3 WHEREAS the parties have engaged in two (prior) agreements (1) the original Memorandum of Understanding between JLJ Enterprises, Inc. and the Bittercreek Meadows HOA and the City of Meridian approved by the City of Meridian on or about October 4, 2005. This agreement is only represented for historical purposes. This agreement was superseded by Agreement 2 and (2) the Amended Bittercreek Meadows Agreement for Water and Sewer Service approved by the City of Meridian on or about May 16, 2008. 1.4 WHEREAS parties desire to agree to this Second Amended Agreement again to address the changed circumstances since Agreement 2; and 1.5 WHEREAS the parties wish to resolve any disputed claims between the parties without any finding of fault or blame attached; and 1.6 WHEREAS the parties wish to separate the two projects and allow the City to complete the sewer portion and for JLJ Enterprise Inc. to complete the water portion of SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- the project independent of each other; and 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "Agreement I" means the original Memorandum of Understanding between JLJ Enterprises, Inc. and the Bittercreek Meadows HOA and the City of Meridian approved by the City of Meridian on or about October 4, 2005. This agreement is only represented for historical purposes. This agreement was superseded by Agreement 2. 2.2 "Agreement 2" means the Amended Bittercreek Meadows Agreement for Water and Sewer Service approved by the City of Meridian on or about May 16, 2008. This agreement superseded Agreement 1. 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to JLJ Enterprises Inc, a, and/or the person who is the developer of the real property, the current HOA, and individual homeowners. 2.3 "Developer": means JLJ Enterprises, Inc. and Bittercreek, LLC or their successors or assigns. 2.4 "Real Property": means and shall refer to the 24 parcel(s) of real property located in the County of Ada, City of Meridian as described in the Amended Plat of Bittercreek Meadows Subdivision as recorded in the land records of Ada County, Idaho at Book 95, Pages 11732 and 11733 and by this reference incorporated herein. 2.5 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.6 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.7 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 2 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISIONS OF SEWER AND WATER LINES: 4.1. SEWER SERVICE 4.1.A In Agreement 2 the parties anticipated the construction of the pressure sewer line and water line extension to be completed jointly by December 31, 2009. The parties now must separate the projects with revised start and completion dates. The parties now agree to extend the completion date of the sewer project to March 31, 2011. (See Agreement 2, Section 4.2.G.) 4.1.B. In Agreement 2 the City anticipated assigning the sewer portion of the construction of the joint project to the Developer. The City hereby revokes that assignment and will construct the remainder of the sewer lines through its own means. There are no shared costs of this project any longer. (See Agreement 2, Section 4.1.D.) 4.2. WATER SERVICE 4.2.A. In Agreement 2 the Developer was responsible to install a water main and accompanying water line extensions at Developer's sole cost in coordination with the City's sewer lift station and line extension project earlier noted within 12 months of approved and permitted plans but by no later than December 31, 2009. The parties now agree to extend the date of completion from December 31, 2009 to six (6) months from substantial completion of the sewer line project (not lift station substantial completion) but no later than June 30, 2011. (See Agreement 2 — Section 4.2.G.) 4.2.B. The parties agree that the projects do not need to be coordinated jointly. Each party is free to complete their assigned projects independently. 4.2.C. If Developer wishes to coordinate the water main and water line extensions with the City's sewer line project he must provide a performance completion bond to the City for the installation of the water main and accompanying water line extensions by June 1, 2010. Failure to provide a performance completion bond by that date shall be a bar to coordinating the projects jointly. 4.2.D. If the Developer wants to be reimbursed for the project pursuant to the City's ordinance then a request and Reimbursement Agreement must be completed prior to the start of construction. The Developer shall enter into a reimbursement agreement with the City in accordance with the ordinance in effect at the time of the execution of the agreement and prior to the start of construction. 4.2.E. Developer withdraws his Notice of Default filed by his counsel of record on or about March 11, 2010. The City and Developer mutually waive any additional claims, if SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 3 any, against each other, that may have arisen or exist prior to the execution of this Agreement as it relates to this property. 5. DEFAULT: Any failure to perforin the terms and conditions of this agreement shall be a default. Either party shall be entitled to reasonable damages including attorney's fees. 6• REMEDIES: 6.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or JLJ Enterprises, Bittercreek, LLC, Bittercreek Meadows Homeowner's Association, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include those provided pursuant to the ordinance regulating and controlling the use of the City's Sewer/Water system presently codified as Meridian City Code §9-4-26 and §9-1-16 and any subsequent ordinance or any parts thereof which empower the City of Meridian, to govern the Sewer/Water system. 6.2 In the event of a default, written Notice of Default shall be served and defaulting 6.2 shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any remedy provided for herein. Notice of Default does not excuse performance of the balance of any terms and conditions of the Agreement unless the default is such to negate continued performance. 6.3 In the event the performance of any covenant to be performed hereunder by either "JLJ Enterprises Inc." or "City''' is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, third party or outside agency delay, the time for such performance shall be extended by the amount of time of such delay. "Time of delay" as used herein is to be defined by the party suffering the delay. 7. NOTICES: 7.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 PROPERTY OWNERS: JLJ Enterprises Inc. & Bittercreek, LLC M SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 4 with copy to: Public Works Director City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Rob McCarvel 3891 Daisy Creek Street Bittercreek Meadows HOA President Meridian, Idaho 83642 with copy to: Trout, Jones, Gledhill, Fuhrman, and Gourley P.A. Attn: Stephen J. Gledhill P.O. Box 1097 Boise, ID 83701 7.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 7.3 City and Developer agree to advise current residents and owners within Bittercreek Meadows of the Agreements herein, and HOA agree to modify as necessary, the Conditions, Covenants and Restrictions of Bittercreek Meadows to effect the terms of this Agreement. 8. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. Any extension of any time lines may be for by acts of God, war, delays beyond control of the City, delay caused by third parties and/or agencies. SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 5 10. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 11. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 12. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between JLJ Enterprises Inc., Bittercreek, LLC, and Bittercreek Meadows Homeowner's Association and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between JLJ Enterprises Inc. and "City", other than as are stated herein or the exhibits or agreements referenced herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 13. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 14. EFFECTIVE DATE: This Agreement shall be effective at such time as all parties have executed this Agreement. SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Dated this (— day of ) vr\.e- 92010. ATTEST: , CITY PROPERTY OWNER Bittercreek M&dows HOA J • 6t4l UC -/-J Rgs CITY OF MERIDIAN B`"�,�, MAYOR T MY DE WEERD SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 7 N STATE OF IDAHO ) . ss. County of Ada On this - ae day of . in the year 2010, before me, the undersigned, a Notary Public, personally appealed, JAMES L. JEWETT, known or identified to me to be the President of JLJ Enterprises Inc., Managing Member of Bittercreek, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO ) . ss. County of Ada Public for Id Residing at: Viuna , � jai,o My Commission Expires: On this�`�`� �' day of tLee ye&r je 10, before me, the ' '��c undersigned, a Notary Public, personally appe d, " , MM or itentified to me to be and President of Bittercreek Meadows Homeowner's Association, who executed the instrument. 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) '�U l Notary Public for Idaho Residing at: My Commission Expires: �3 '"' °aaae�tasaa !l�I1411rfO ,ntppltp�' SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 8 STATE OF IDAHO ) ss. County of Ada ) On this _� day of �') v v\.P— , in the year 2010, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,,0666•• NGA Jp 0• (SEAL'r?,' pTAvt-,NktiL i !�6tary Public for dah Residing at: )01vrA , �aal•�o My Commission Expires: _oa" c... _-)nty_ SECOND AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 9 Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: 2010 City Scholarship Award Winner MEETING NOTES J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting TE: June 1, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office: 2010 Census Bureau Local Staff Appreciation and Recognition MEETING NOTES mem jx J�. u 3 CLERKS OFFICE FINAL ACTION DATE' E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Public Hearing: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Glegg Located at 3165 N. Meridian Road: Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility of a Professional Office Park as Previously Proposed MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET June 1, 2010 PROJECT NUMBER ITEM # 8A MDA 10-006 PROJECT NAME Spring Creek Ustick (aka Ashtyn Park) PLEASE PRINT NAME FOR AGAINST NEUTRAL I'vi A*b?_tZ-rql EIVE JUN 0 12010 Fs CITY CLERKS O Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Public Hearing: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G Zoning District MEETING NOTES Applicant request to continue until 6/22/2010 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET June 1, 2010 PROJECT NUMBER PROJECT NAME This item has PLEASE PRINT NAME CITY CLERKS ITEM # 813 PFP 10-002 Freedomworks Subdivision be continued to 6/22/10 FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Public Hearing: TE 10-015 Bridgetower Crossing Subdivision No. 14 by Primeland Investment Group, LLC Located North of Ustick Road, East of Towerbridge Way, Approximately 1/4 mile West of Linder Road: Request for Approval of an 18 -Month Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES CLERKS OFFICE FINAL ACTION DATE, E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET June 1, 2010 ITEM # 8C PROJECT NUMBER TE 10-015 PROJECT NAME Bridgetower Crossing Subdivision No. 14 PLEASE PRINT NAME ECEIVE JUN 0 1 2010 CITY OF C�WEkroW FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Public Hearing: MDA 10-005 Five Twelve Subdivision by Church of Jesus Christ of Latter- day Saints Located West Side of Stoddard, Midway Between Overland Road and Victory Road: Request to Remove the Five Twelve Subdivision From the Recorded Development Agreement (Inst. # 1061511232) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET June 1, 2010 PROJECT NUMBER PROJECT NAME ITEM # 8D MDA 10-005 Five Twelve Subdivision I PLEASE PRINT NAME I FOR I AGAINST I NEUTRALS ECETV JUN 0 1 2010 CITY OF Meridian City Council Meeting DATE: June 1, 2010 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Public Works Department: Request for Exception to Policy Regarding Primary Water Source by Calvary Chapel Treasure Valley MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY BENT TO APPLICANT NOTES INITIALS tcALVARY CHAPEL ( TREASURE VALLEY May 19, 2010 Pete Friedman City of Meridian 33 East Broadway Ave. Suite 210 Meridian, ID 83642 Dear Mr. Friedman: 5312 Overland Road Boise, ID. 83705 (208) 342-1072 Fax (208) 385-9502 Senior Pastor - Daryl Zachman www.calvarytv.org Purpose: The purpose of this letter is to request an "Exception to Policy" to utilize "United Water" as the primary water source and agency in order to provide water to a proposed church site that the Calvary Chapel Treasure Valley intends to build in the near future. Background: The Calvary Chapel Treasure Valley is currently located at 5312 Overland Road, Boise, Idaho within the Hillcrest Shopping Center. The current church site is small and located in an area which is not easily recognizable nor positioned in a location that is readily accessible. Church members, staff and we believe divine guidance prompted us to purchase land located in Ada County in order to build a new church site. This land was purchased approximately 7 years ago, and we now desire to develop the land into a new church site at this economically opportune time. The land borders the west boundary of the Boise Ranch Golf Course, west of Cloverdale Road and due south of Lake Hazel Road. (Attachment 1). Discussion: Within the last 12 months the Calvary Chapel Treasure Valley has requested donations fromits members to assist in financing the construction of a chapel on our new property. planning group has been established to oversee construction. Upon research in the development and design of the church site, it was discovered that the property is under the oversight of the Meridian Public Works Department in regards to water and the installation of a water main to our property. It was also discovered that the water main owned and serviced by "United Water" is approximately 660 ft east from our desired chapel an Public Works location. 2 nearest00 f et west, located nearthe comer of Eaglelled by the and Lake Hazel R adsa�ment is approximately y , It is our desire to link a 12 inch water main into the "United Water" main and not utilize the water main at Eagle and Lake Hazel Roads due to the following reasons: N I ECALVARY CHAPELd�;, m'dR,S`:�'3Qi TREASUREVALLEY w- AS[:1 PNE ITEL94M YSTRUCT.vlW3.a ANDLANDSCAPE .. a*- 7721 E LOM NON .. m. I aserfbhe Agenda Manager for City of Meridian Page 1 of 1 Agenf - Manager City of Meridian 'Welcome, Becky Licari Viewing Meeting Type I City Council (Wkshops Start at... 7 for 6/1/2010 7:00 PM 10 Go ,-( Track Items / Submit Item V Approve Items A View All Items I J1 My Account I Help I Log Out My Items Items Water Easement for Treasure Valley Veterinary Clinic - 2600 S. Meridian Road [more] Approval of Street Light Agreement with Three Corners Land Development LLC for Street Light Maintenance [more] Request for Exception to Policy Regarding Primary Water Source by Calvary Chapel Treasure Valley [more] Item Status Last Modified 5/241201010:41 AM 0 5/24/2010 4:06 PM rR 5/26/201010:28 AM 101 Powered by Laserfiche Agenda Manager 8.0.1 Copyright 2005-2010 Laserfiche http://agendamanagerlamserverlTrackItem.asp?vrofileid=l&meetinLDate=6/1/2010 7:00:00 PM 5/26/2010