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HomeMy WebLinkAbout2010 12-07~E IDIAN~ CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, December 07, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session per Idaho State Code 67-2345 (1 j (1) - To Consider and Advise its Legal Representatives in Pending Litigation Adjourned at 7:00 p.m. Meridian City Council Pre-Council Meeting Agenda -December 07, 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 IDIAN~--- IDAHO CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, December 07, 2010 at 6:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: X David Zaremba X Brad Hoaglun ~ Charlie Rountree X Keith Bird Mayor Tammy de Weerd 2. 3. Adoption of the Agenda ~1vr ~jZcxx~4~-e.~, Executive Session per Idaho State Code 67-2345 (1) (f) - To Consider and Advise its Legal Representatives in Pending Litigation ~~`r ~l ~pv~~e ~h ~~' ~~ ®v~ a '"1= c7~ ~(~~ p ~'n o ~'• ~c~ I~CC~u~'~-Y ~e I B \ r~ ~~ro, 1Z0.~2.m~0. Meridian City Council Pre-Council Meeting Agenda -December 07, 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 December 7 2010 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, December 7, 2010 by Mayor De Weerd. Members Present: Tammy De Weerd, Keith Bird, Charlie Rountree, David Zaremba and Brad Hoaglun. Staff Present: Jaycee Holman, Bill Nary. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Hoaglun: I move we adopt the agenda. Rountree: Second. De Weerd: A motion and a second to approve the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive Session per Idaho State Code 67-2345(1)(fl - To Consider and Advise Its Legal Representatives in Pending Litigation Bird: I move we go into Executive Session per Idaho State Code 67- 2345(1)(a)(f) and (d). Zaremba: Second. De Weerd: It has been moved and seconded to go into Executive Session. Roll Call Vote: Hoaglun, aye; Rountree, aye; Bird, aye; Zaremba, aye. ALL AYES. MOTION CARRIED. (Into Executive Session at 6:00 p.m. and out at 7:00 p.m.) Meridian City Pre-Council Meeting December 7, 2010 Page 2 of 2 Bird: I move we adjourn the Executive Session. Zaremba: Second. De Weerd: It has been moved and seconded to come out of Executive Session. All those in favor. ALL AYES. MOTION CARRIED. De Weerd: I will entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: A motion and a second to adjourn. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:00 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY D ERD, MAYOR .~` ~' ~% ~,dRp~ T~ ATTESTED: = SEAL AYE ~ .~w°~ O ~''%, C~UNTy • ,~~`~ DATE APPROVED HOLMAN, CITY CLERK („~E IDIAN?- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 07, 2010 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of November 16, 2010 City Council Regular Meeting B. Approve Minutes of November 23, 2010 Pre-Council Meeting C. Approve Minutes of November 23, 2010 City Council Regular Meeting D. Approve Minutes of November 30, 2010 Pre-Council Meeting E. Approval of New Liquor License for The Limelight LLC, dba Limelight located at 3575 E. Copper Point Dr. F. Approval of Street Light Maintenance Agreement with Traditions by AMYX II for Zebulon Heights #3 Subdivision G. Award of Bid to Vermeer Rocky Mountain Inc. for Portable Vacuum Excavator Purchase for aNot-to-Exceed Amount of $51,500.00 and Approval of the Purchasing Manager to Sign the Purchasing Order Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Water Line Easements for ICON Credit Union #APP2010 - 171 - 3195 N. Linder Road I. Task Order with Keller Associates, Inc. (Master Agreement Category of Water Supply and Distribution Replacement Design Dated 5-7-2010) for the Design of a Water Line Replacement-West Carlton/N. West Washington Project for a Not-To-Exceed Amount of $54,965.00 J. Task Order #10192a for Secondary Clarifier Retrofit Design and SDC with Brown and Caldwell for a Not-To-Exceed Amount of $133,404.00 K. Task Order #10160 for the Wastewater Treatment Plant Tertiary Filters Building Design and Construction Services with CH2M Hill, Pursuant to the Master Agreement Dated April 13, 2010 for a Not-To-Exceed Amount of $175,150.00 L. Order of Conditional Approval of Final Plat TE 10-029 Bainbridge Subdivision by Brighton Investments, LLC Located West Side of N. Ten Mile Road, Approximately 1/3 Mile South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Findings of Fact, Conclusions of Law for Approval: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone N. Findings of Fact, Conclusions of Law for Approval: MDA 10- 007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Repeal the Recorded Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) O. Development Agreement for Approval: AZ 09-008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District P. Resolution No. 10-757: A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial Bylaws of the Meridian Solid Waste Advisory Commission 6. Items Moved From Consent Agenda 7. Action Items A. Public Hearing: Proposed Winter 2010-2011 Fee Schedule of the Meridian Parks & Recreation Department B. Resolution No. 10-758: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date Approved C. Public Hearing: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-IV (Neighborhood Business) to the C-C (Community Business) Zoning District Approved D. Public Hearing: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres Approved E. Public Hearing: CUP 10-011 Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lube and Drive Thru in a Proposed C-C Zoning District Approved F. FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lots on 3.9 Acres of Land Approved Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Public Hearing: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South Approved H. Public Hearing: PP 10-004 Volterra Subidivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 301 Residential Lots, 1 School Lot and 38 Common Lots on Approximately 120.6 Acres in an R-4 Zone for Volterra Subdivision North Approved I. Public Hearing: PP 10-005 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 194 Residential Lots, 10 Commercial Lots and 22 Common Lots on Approximately 80.4 Acres in a Proposed C-G, L-O and Proposed R-8 Zones for Volterra Subdivision South Approved J. Public Hearing: MDA 10-009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement Approved 8. Department Reports A. Mayor's Department Report: Ad Hoc Lakeview Meridian Golf Course Focus Group Motion to waive the $6,000.00 lease fee for this year approved B. Police Department: Budget Amendment for Police Miscellaneous Grants for aNot-to-Exceed Amount of $3,600.00 Approved C. Planning Department: 3131/3163 Lanark Development Agreement Modification Application Fee Waiver Request by Patrick McKeegan Denied but Council may reconsider this pending further discussion during the Public Hearing Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Legal Department: Williams Pipeline Contract Discussion Approved 9. Ordinances A. Ordinance No. 10-1467: An Ordinance of the City of Meridian for Annexation of a Parcel of Land Being a Portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho: Located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District Approved Adjourned at 9:18 p.m. Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~E IDIZ IAN,-- ~J CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 07, 2010 at 7:00 PM 1. Roll-Call Attendance David Zaremba X Brad Hoaglun X Charlie Rountree ~- Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church ~/ 4. Adoption of the Agenda t-1oa91 ~ r~/ Z0.r2 ~~ ~ 5. Consent Agenda ~©~~~.,h I Zare~b~ T A. Approve Minutes of November 16, 2010 City Council Regular Meeting B. Approve Minutes of November 23, 2010 Pre-Council Meeting C. Approve Minutes of November 23, 2010 City Council Regular Meeting D. Approve Minutes of November 30, 2010 Pre-Council Meeting E. Approval of New Liquor License for The Limelight LLC, dba Limelight located at 3575 E. Copper Point Dr. F. Approval of Street Light Maintenance Agreement with Traditions by AMYX II for Zebulon Heights #3 Subdivision G. Award of Bid to Vermeer Rocky Mountain Inc. for Portable Vacuum Excavator Purchase for aNot-to-Exceed Amount of $51,500.00 and Approval of the Purchasing Manager to Sign the Purchasing Order Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Water Line Easements for ICON Credit Union #APP2010 - 171 - 3195 N. Linder Road I. Task Order with Keller Associates, Inc. (Master Agreement Category of Water Supply and Distribution Replacement Design Dated 5-7-2010) for the Design of a Water Line Replacement-West Carlton/N. West Washington Project for a Not-To-Exceed Amount of $54,965.00 J. Task Order #10192a for Secondary Clarifier Retrofit Design and SDC with Brown and Caldwell for a Not-To-Exceed Amount of $133,404.00 K. Task Order #10160 for the Wastewater Treatment Plant Tertiary Filters Building Design and Construction Services with CH2M Hill, Pursuant to the Master Agreement Dated April 13, 2010 for a Not-To-Exceed Amount of $175,150.00 L. Order of Conditional Approval of Final Plat TE 10-029 Bainbridge Subdivision by Brighton Investments, LLC Located West Side of N. Ten Mile Road,~Approximately 1/3 Mile South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Findings of Fact, Conclusions of Law for Approval: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone N. Findings of Fact, Conclusions of Law for Approval: MDA 10- 007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Repeal the Recorded Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) O. Development Agreement for Approval: AZ 09-008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District / P. Resolution No. Proposed # 10-/757: A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial Bylaws of the Meridian Solid Waste Advisory Commission 6. Items Moved From Consent Agenda ~Qne 7. Action Items A. Public Hearing: Proposed Winter 2010-2011 Fee Schedule of the Meridian Parks & Recreation Department ~.1~2. ,~p~p~i ~- B. Resolution No. Proposed # 10-758: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date Note: This Resolution # only applies if the fee schedule is accepted following the Public Hearing for Item 7A. ~~~t 2~ C. Public Hearing: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Close '~ `~~reel Locust Grove Road Request: Rezone of 16.12 Acres from the ~~r~ C-N (Neighborhood Business) to the C-C (Community Business) Zoning District ~~~~ ~~~-~"~ R-cam,-•-E-ree.r d D. Publ~i~~iearing: PP 10-006 Somlert~n S~d~s~``by verland 16, LLC Located Southeast Corner of E. Overland Road and S. Ate; Locust Grove Road Request: Preliminary PI t Approval of 5 Building Lots on 13.19 Acres P~~ ~'~~ ~e~O`~ E. Public Hearing: CUP 10-0 1 ast ddy's h, a rv on onvenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lube and Drive Thru in a Proposed C-C Zoning District Sieve E~~ F. FP 10-009 S~o~mellton ~u iss `Park' S~ibdivi~on No. 1 by ~ Overland 16, LLC Located on Southeast Corner of E. Overland C~ec}~C1CA.~ Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) C mmercial Building Lots on 3.9 Acres of Land ~p~ r~r~ B ~,~~ ~- ~`~~V~ Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~lose~ ~~, r~, l ~o~r~r2e G. Public Hearing: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South -7a~rE1~ `Th~~ Su~S -r~es~-~~~ec~ ~ ~1~v~K- ~~v~S~e-~Sc.~ p~~,Y ~ r3~ vd ~Rcx~r~r2e H. Public Hea~ ring:- P~ 10-004 volterra Subidivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 301 Residential Lots, 1 School Lot and 38 Common Lots on Approximately 120.6 Acres in an R-4 Zone for Volterra Subdivision North (~hvC,~C- GIhY~S~rv~se~ I. Public Hearing. PP 10-005 Volterra subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 194 Residential Lots, 10 Commercial Lots and 22 Common Lots on Approximately 80.4 Acres in a Proposed C-G, L-O and Proposed R-8 Zones for Volterra Subdivision South Ch~c~ Chv~Sfe~Sc,~-~ J. Public Hearing: A 10-009 Volter Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement ~~~c~ C h r. s+~se-~ ~~ ~ ~~ °Ro~~--r~e e - ~ -~Pr>are 8. Department Reports A. Mayor's Department Report: Ad Hoc Lakeview Meridian Golf Course Focus Group ~' • ~o~„n-~-r2~ , ~v ~1r . ~aaS B. Police Department: Budget Amendment for Police Miscellaneou Grants for aNot-to-Exceed ount of $3,600.00 Leve~~ k~~T~.r e P D • -Q, P a '120 ~,, ~~- rye--~}-~-oaq I ~r~ - iA`PProv e C. Planning Department: 3131/3163 Lanark Development Agreement Modification Application Fee Waiver Request by Patrick McKeegan~~-~-~-~e.`~- ~ c~ ~e~ a~ ?~ilen~j • Zar~,Y,~~µ~,~C vr~ 2arern~/ N-o~gly~ - T~~r~ aWc~draw~~coti~s,clcv. •c~_~-7~n D. Le al Department: Williams Pipeline Contr~t Discussion a~c~ , ~oe S~1vr,` Meridian City Council eeting Agenda -Tuesday, December 07, 2010 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Ordinances / A. Ordinance No. Proposed # 10-1467: An Ordinance of the City of Meridian for Annexation of a Parcel of Land Being a Portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho: Located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District ~-~7~~~ ~~s ~reSe-~~ - ~,~1 ~fi ~ti~~ , ~ o~c~ ~ n n~S, ~o-e S, Iva., ~~--~ L o~v 2 c~ ~ ~v ~Cl~ ~ ~ U~ ~ ~ 1 ~ 11 ~6.r sons, W err e~~ Sir-~wc~ r--~, ~ro.+1 ~ 1 ~~t~Ql~ h~-~ , `~ Meridian City Council Meeting Agenda -Tuesday, December 07, 2010 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting December 7 2010 A Council meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, December 7, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Jacy Jones, Bill Nary, Anna Canning, Bill Parsons, Sonya Watters, Steve Siddoway, Joe Silva, Jeff Lavey, Warren Stewart, 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: Thank you for your patience. We will go ahead and get right into our regular meeting. It is, for the record, Tuesday, December 7th. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church de Weerd: Item No. 3 is our community invocation. Is Pastor Moore here? There he is. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor Moore, thank you for being here. Moore: Thank you. Father God, we are privileged, it's often when we pause to talk to you that we put our lives in perspective and realize that. I'm grateful to be a citizen of this community and all the blessings that go with that. Father, I pray tonight for this meeting, that it would have purpose and the purpose of meeting the needs and improving the life in our community. Father, these are folks that have to make difficult decisions and they are in public view and the decisions they make aren't even always ones they want to make and we thank you for the courage and you said ask for wisdom, so we are asking for wisdom on their parts this very night and for these specific decisions. Thank you in this season when we are awaiting the arrival of our Lord Jesus again into our lives and the ultimate sacrifice that he made. Thank you for these who Meridian City Council December 7, 2010 Page 2 of 50 follow that model and sacrifice for our community. Grateful for those public servants that serve to protect us and to make our water faucets work and our -- just all kinds of services, our parks and everything, God. There is so many dimensions to being in a community. So, we pay for all these that serve as well. God, our lives are good and we live in a humane nation that even has programs and legislation for those that have less and I pray for that to continue, for us to each do our part, in the name of Christ we pray for this meeting tonight, amen. de Weerd: Thank you for being with us tonight. Have a Merry Christmas Moore: You, too. All of you. Item 4: Adoption of the Agenda de Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Under our Consent Agenda, Item 5-P, that resolution is number 10-757. Under Action Items, 7-B, that resolution number, if we move forward with the fee schedule from 7-A, under 7-B that resolution number would be 10-758. And under Item 9-A, Ordinances, that ordinance number is 10-1467. And with those, Madam Mayor, I move adoption of tonight's agenda. Zaremba: Second. de Weerd: 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. Approve Minutes of November 16, 2010 City Council Regular Meeting B. Approve Minutes of November 23, 2010 Pre-Council Meeting C. Approve Minutes of November 23, 2010 City Council Regular Meeting D. Approve Minutes of November 30, 2010 Pre-Council Meeting E. Approval of New Liquor License for The Limelight LLC, dba Meridian City Council December 7, 2010 Page 3 of 50 Limelight located at 3575 E. Copper Point Dr. F. Approval of Street Light Maintenance Agreement with Traditions by AMYX II for Zebulon Heights #3 Subdivision G. Award of Bid to Vermeer Rocky Mountain Inc. for Portable Vacuum Excavator Purchase for aNot-to-Exceed Amount of $51,500.00 and Approval of the Purchasing Manager to Sign the Purchasing Order H. Water Line Easements for ICON Credit Union #APP2010 - 171 - 3195 N. Linder Road I. Task Order with Keller Associates, Inc. (Master Agreement Category of Water Supply and Distribution Replacement Design Dated 5-7-2010) for the Design of a Water Line Replacement-West Carlton/N. West Washington Project for a Not-To-Exceed Amount of $54,965.00 J. Task Order #10192a for Secondary Clarifier Retrofit Design and SDC with Brown and Caldwell for aNot-To-Exceed Amount of $133,404.00 K. Task Order #10160 for the Wastewater Treatment Plant Tertiary Filters Building Design and Construction Services with CH2M Hill, Pursuant to the Master Agreement Dated April 13, 2010 for a Not-To-Exceed Amount of $175,150.00 L. Order of Conditional Approval of Final Plat TE 10-029 Bainbridge Subdivision by Brighton Investments, LLC Located West Side of N. Ten Mile Road, Approximately 1/3 Mile South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Findings of Fact, Conclusions of Law for Approval: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone N. Findings of Fact, Conclusions of Law for Approval: MDA 10- 007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Repeal the Recorded Meridian City Council December 7, 2010 Page 4 of 50 Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) O. Development Agreement for Approval: AZ 09-008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District P. Resolution No. 10-757:. A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial Bylaws of the Meridian Solid Waste Advisory Commission de Weerd: Item 5 is our Consent Agenda. Hoaglun: And Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: On our Consent Agenda, again, Item 5-P is resolution number 10-757 and with that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items. A. Public Hearing: Proposed Winter 2010-2011 Fee Schedule of the Meridian Parks & Recreation Department Meridian City Council December 7, 2010 Page 5 of 50 de Weerd: So, we will move into Action Items under No. 7, first with Item A, our public hearing on the proposed winter 2010 and 2011 fee schedule. I will ask Allison to come up and introduce this item. Kaptein: Good evening, Madam Mayor and Members of the Council. I -- as you mentioned, I'm here to present to you the changes to our fee schedule. I believe you all received our entire fee schedule in your agenda and if you scroll to page five with the highlighted yellow area that I will now have up on your screen -- maybe. Do I need to do something on this? There we go. Can you see that all right or would you like me to zoom in a little bit? Okay. Thank you, Steve. These are the changes that we have for the upcoming season, which will be January through mid May. You can see that there are three changes to current classes and, then, the rest are new classes that we will be having. So, I will stand for any questions. de Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor. Allison, just a quick question. We have got a lot of fees out there, lots of activities, which is wonderful for our residents, but -- and just these three, what was the reason for these three? Kaptein: Yeah. The -- Councilman Hoaglun, these are classes that are -- the price is set by the instructor and these three you see are exercise classes and so the -- our exercise classes have gained a lot of popularity and the instructors are wanting to make it so they can charge more for when there is five weeks in a month. So, if there is five Wednesdays they want to up their price of classes every Wednesday. Hoaglun: Okay. Thank you. de Weerd: Okay. Any further questions? Mr. Zaremba. Zaremba: Not a question. Just looks like a bunch of exciting activities. How cool. Kaptein: Well, you're all welcome anytime. de Weerd: Thank you. Kaptein: And so I know that the resolution is the next -- de Weerd: We will first see if there is anyone here in the public who would like to present testimony. Is there any members of our public who would like to comment on this item? Okay. Seeing none, we will go ahead and move, then, to close the public hearing if Council doesn't need any further information. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Meridian City Council December 7, 2010 Page 6 of 50 Hoaglun: I move that we close the public hearing on the proposed 2010-2011 fee schedule for Meridian Parks and Recreation. Bird: Second. de Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 10-758: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 10-758 to set the fee schedule for Meridian Parks and Recreation Department. Bird: Second. de Weerd: Okay. I have a motion and second to approve Item 7-B. Council, any questions on this item? Rountree: I have none. de Weerd: Okay. 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: Thank you, Allison. Kaptein: Thank you. C. Public Hearing: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Meridian City Council December 7, 2010 Page 7 of 50 Business) Zoning District D. Public Hearing: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres E. Public Hearing: CUP 10-011 Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lube and Drive Thru in a Proposed C-C Zoning District de Weerd: Okay. The next item under 7-C and 7-D is a public hearing on RZ 10-006 and PP 10-006. I will open these two public hearings with staff comments. Wafters: Thank you, Madam Mayor and Members of the Council. Give me just one moment here to get the presentation up. de Weerd: Council, I will also open Item 7-E under CUP 10-011 as well. Wafters: Thank you, Madam Mayor. The first application before you is a rezone of 16.12 acres of land from C-N, Neighborhood Business District, to the C-C, Community Business District. There are two separate applicants on these three applications tonight, just to note. The rezone and preliminary plat are under Overland, LLC -- excuse me -- Overland 16, LLC, and the Conditional Use Permit is under ST Investments. So, there will be two separate applicants speaking tonight. de Weerd: Okay. Wafters: The next application is a preliminary plat, consisting of five building lots on 13.19 acres of land for Summerton Subdivision and a Conditional Use Permit for the development of a convenience store, fuel sales facility with 16 pumping stations, a vehicle washing facility, quick tube, and drive-thru in a proposed C-C zoning district for Fast Eddy's on the two northern lots consisting of 3.83 acres. The overall site consists of 13.19 acres and is currently zoned C-N and located on the southeast corner of Overland and Locust Grove. All of the proposed uses are principally permitted in the proposed C-C zoning district, except for the drive-thru use, which requires Conditional Use Permit approval. The development agreement currently in effect requires conditional use approval of all future uses and development on the site. Therefore, the Conditional Use Permit is for approval of fhe entire Fast Eddy's development, not only the drive-thru. This is the proposed preliminary plat and proposed landscape plan. Access to the site is proposed via one full access to Locust Grove. Right here. In alignment with Peacock Street on the west side of Locust Grove, approximately 545 feet south of the Locust Grove-Overland intersection. One right-in, right-out access right Meridian City Council December 7, 2010 Page 8 of 50 here via Overland Road, approximately 250 feet east of the intersection with aright-turn lane, and one full access via Overland approximately 470 feet east of the intersection. And that is -- you can see it a little better on the landscape plan here. And, then, one full access via Puffin, which is right down here at the south boundary of the site. The Unified Development Code requires access to be taken from a local street where available, but allows Council to waive this requirement if they deem appropriate. Based on this requirement, staff has included a development agreement provision that access to the site be provided via Puffin. The applicant does request a waiver from Council for the proposed accesses to the site by Overland and Locust Grove Roads. The Ada County Highway District report indicates approval of the proposed access points as proposed by the applicant. And just to note, a final plat application has been submitted for the two northern lots where Fast Eddy's is proposed and is scheduled on tonight's hearing to be heard after these items. The Commission recommended approval of the subject applications at their November 4th public hearing. Summary of the Commission public hearing. Becky McKay testified in favor, along with Steve Eddy, Greg Johnson, Taylor Merrill. No one testified in opposition. Michael Wells commented. Becky McKay submitted written testimony in response to the staff report. Key issues of discussion by the Commission are the width of the drive aisle between gas pumps, traffic congestion in the general area, and future improvements to Locust Grove and access to the site via Locust Grove and Overland Roads as proposed. There were no changes to the staff recommendation by the Commission. Written testimony since the Commission hearing has been received from Bruce and Edith Waite and Eugene and Jerry Vertell. Summary just basically in opposition due to increase in traffic, decrease in home values, and three other fuel facilities located in -- within a mile of the subject property. Outstanding issues for the Council. The applicant requests a waiver to Unified Development Code 11-3A-3, which requires access to be taken from a local street, East Puffin, to allow the access points proposed on the plat. And, then, just to note if the Council approves the waiver, development agreement provision 1.1.2B needs to be modified accordingly. This is the site plan proposed for the Fast Eddy's site. The convenience store is here on the right. Fuel facility here and car wash, oil change facility, and detail shop there. This is the proposed landscape plan. And the proposed building elevations for the convenience store. Staff has already reviewed the convenience store and the fuel canopy for compliance with design standards and they have been approved for design review. Color pictures just represent the colors that will be on the canopy. And that's all staff has, if the Council has questions. de Weerd: Thank you. Council, any questions at this point? Bird: No. Rountree: Not right now. de Weerd: Okay. Would the applicant like to comment? If you will, please, state your name and address for the record. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. Meridian City Council December 7, 2010 Page 9 of 50 de Weerd: Thank you. McKay: Thank you, Madam Mayor, Members of the Council. I'm representing the applicant for the rezone and the preliminary plat and the final plat, Overland, LLC. Tonight we are going to do kind of a two-step presentation. I will go ahead and present some of the basic information on the particular project and Mr. Eddy is here this evening and he would like to address some of the more specific issues related to his facility and the Conditional Use Permit. So, I will turn the podium over to him once I'm finished. To kind of give the Council a little background on this property, I was involved in it -- I think it's been ten years ago when I worked on Resolution Park, which part of that facility -- or that development was Mountain View High School, the offices, the multi-family portion. At the time we did not have a development plan for this corner parcel, yet we wanted it to be annexed and zoned into the city, so at that time we asked for a C-N zone, which is your neighborhood business zone. It was reasonable. Made sense. And staff agreed that at some point in time a development plan would come in on it as a Conditional Use Permit. Well, since -- since that time, obviously, a lot of things have changed out in that area. Back in 2002 Ada County Highway District came to Mr. Johnson, purchased right -- additional right of way to rebuild that -- that Locust Grove-Overland intersection to accommodate the new overpass for Locust Grove Road and during the negotiations and when the purchase agreement was written up there were two approaches to Overland Road that were agreed upon. The station points were specified in one of the documents. There was also an access identified onto Locust Grove and with the highway project ACHD installed those approaches. Then, obviously, the overpass, you know, went, everything got built up, and this whole character of this area has since changed. Ten years ago it was predominately residential. My client had in mind that when the overpass went through that this would develop as a commercial site. At that time ten years ago they thought it would be a grocery store, that it would be a perfect site for that. Well, that never transpired and, obviously, they have come up with what think is probably a superior use for that particular site and that's what's before you this evening. We have been working with the highway district for months. We submitted a traffic study. They reviewed it. We provided quite a bit of additional information above and beyond your normal traffic study. We ended up coming to an agreement that we would close the access to Locust Grove that is closest to the intersection and is no longer in compliance with ACRD policy as far as offset from that intersection. We agreed that we would relocate the right-in, right-out access further to the east, bringing it into compliance, and we would relocate the full access on Overland further west, exceeding what the policy manual dictates as far as 440 foot offset. We will be at 470 feet. We have Puffin Street along the south boundary. The primary function of that -- were involved in the -- in the negotiations of the design for that. It was, basically, done out of necessary. Meridian School District came to Mr. Johnson and said, you know, could you, please, provide us with right of way, we would work with you, participate in some of the construction costs to, obviously, create a secondary outlet to Mountain View High School and take some of the pressure off the signal at Overland Road and the cut-through problems that were around in the adjoining subdivisions. So, Mr. Johnson did work with them and, like I said, it was successful, I think it works great. We Meridian City Council December 7, 2010 Page 10 of 50 are here tonight asking for the rezone from the C-N to the C-C for the purpose of the operational hours. The neighborhood business has certain limitations on hours of operation that the community business does not. In your Comprehensive Plan this is designated as commercial, so what we are requesting is in compliance the comp plan and at the time we asked for the C-N, as I indicated, we didn't have anything specific in mind and now that we do we need to change that particular zone. The preliminary plat that's before you is five lots. The two up front will accommodate the convenience store, the quick tube, the car wash. They have provided all of the required buffers around the exterior. We have been working with the highway district on sidewalk locations and looking at them possibly accelerating their plan to add a turn lane to that particular intersection would be the -- a free right lane northbound on Locust Grove, which would add some additional capacity. Their sewer -- central sewer-water on Locust Grove and Overland will be hooking into a regional lift station or a pump station for Nampa- Meridian Irrigation District. We will be providing all kinds of cross-access through this site in between each lot. We have got a number of cross-accesses that will create the interconnectivity, that will, obviously, we think cut down on the trips along the exterior and the perimeter. There is an existing cross-access easement to the east, hooking into the offices where Corey Barton's office is. We will be reciprocating that and giving a cross-access into this particular site. We worked a long time to get everything, so that it is in compliance and we ask the Council for one thing and that is a waiver, obviously, for those approaches, the right-in, right-out, the full access to Overland and, then, we also have an access in alignment with Peacock Street, which would be a full access. The highway district has approved those locations. We have worked closely with their design staff on our decel lane that we will be creating along Overland, so as cars come through the Overland intersection we will have what we call a slot lane where they will get out of the traffic, they won't impede the intersection, and they will be able to make a free right into the site. One of the questions that came up at the Planning and Zoning Commission on the right-in, right-out, would there be some type of a median that would be installed and the answer to that question for the Council is, yes, the highway district is requiring some type of a median, so people don't cheat like they do with the pork chops on Eagle Road. Do you have any questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Becky, early on you made the comment that the Overland access would be moved further to the west, but you meant to the east? McKay: East. Yes, sir. East. Sorry. Rountree: Almost to the -- McKay: I meant to say the westerly access moving to the east. Rountree: Almost to the eastern property boundary. Meridian City Council December 7, 2010 Page 11 of 50 McKay: Yes, sir. Rountree: Okay. McKay: The full access will be close to the east boundary. Rountree: Yeah. McKay: And, then, we would have aright-in, right-out. Rountree: Thank you. de Weerd: Council, any other questions? Bird: I have none. de Weerd: Okay. Thank you. McKay: Thank you, Madam Mayor. Mr. Eddy will come up and -- de Weerd: If you will, please, state your name and address for the record. Eddy: Steve Eddy. 770 West Ustick, Meridian, Idaho. de Weerd: Thank you. Eddy: Thank you, Madam Mayor and Members of the Council. If Sonya could put up the site plan of the site itself. I think the biggest thing we wanted to go over is when we laid the site plan out we tried to take a lot of time and think of what the neighbors would want in the area and we moved the C store further to the east and put the car wash use more towards the corner, which I would say abuts residential and that car wash will be a use that closes at a reasonable hour and that's a fairly large building, so that will buffer any canopy lights, it will buffer any congestion from the C store I think all the time, day and night. As Becky said, the access to Locust Grove, you know, we -- when we laid this out we moved the car wash to the corner, so we could move -- or eliminate the access on Locust Grove that was too close to the intersection. ACHD, you know, has been I think pretty willing to work with us and excited about the process and how we laid the site out and agreeing to approve the access points as they are drawn and I think, you know, this site makes a lot of sense on this side of the freeway -- on the south side of the freeway there is no services like this to this capacity and I think, you know, ultimately we -- we want to be there and we think we have laid it out right, we think we followed the neighbors and we thought of everybody to do the best possible job. And I think that's all I have, other than if you have any questions. de Weerd: Mr. Hoaglun. Meridian City Council December 7, 2010 Page 12 of 50 Hoaglun: Madam Mayor, a quick question on Ustick Road -- You know, looking at -- you have the one Eddy: Correct. Hoaglun: -- as well? I was just looking at the car wash layout and it looks like along Overland Road they come in -- you show the stacking lanes and, then, you have the tunnel, which is along Locust Grove Road and, then, you have finishing and detailing. So, in my mind this is a different type of car wash than you have there, which you have the self serve where they can drive through and sit in their car and, then, you have the other ones where you get out and you have the wand and can do it if you will. So, this is a little different -- this is a -- more of a bigger type of car wash with -- and you're going to have employees and personnel there? Eddy: This is a 120 foot tunnel, so this would be more comparative to the metro type car wash. The other thing is that this would be considered what's known as a flex car wash today. So, the consumer will have the choice to come, go through and get what guess it would call the metro experience and come back in their own car or come back around in that building and we will finish your car for you, which full service car wash has kind of left Treasure Valley in the way I think it needs to be done, so we are hoping to take the way we have done our C stores and do the same thing with the car wash side and give the consumer a choice. Hoaglun: Okay. Great. I just wanted to be sure I understood the concept, because it did look different. Eddy: Yeah. It's different. Hoaglun: Okay. Thank you. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Mr. Eddy, on this South Locust Grove side, the right-in and right-out access, is there enough turning radius in there for larger vehicles into that side? It looks to me like it's pretty tight and -- Eddy: Which access are you talking about? Rountree: The right-in, right-out. Eddy: On Overland? Rountree: On Locust Grove. Or is that just a curb cut? Meridian City Council December 7, 2010 Page 13 of 50 Eddy: That's -- that's the existing curb cut that -- Rountree: That's going away? Eddy: That will be removed. Rountree: Okay. Eddy: Our access off of Locust Grove will be at Peacock. Rountree: So, it's going to be -- it's going to be below the vacuum station or -- Eddy: Yeah. If you look at the plat map -- Rountree: Okay. Eddy: -- they have the plat map now where Peacock is, that -- you know, the vacuum station is north of that property line -- there is -- or lot 3 -- yeah. Lot 3. Rountree: That's the full access? Eddy: Due to come in I think 200 feet. Rountree: Okay. Eddy: And, then, that vacuum station will be free, so you still -- it will be a one way, you won't really access that off of that. You go through the car wash and, then, go in the vacuum station. Rountree: Okay. Is that a perimeter roadway or is that landscaping? Eddy: That's landscaping. That's 25 foot of landscaping. Rountree: Adjacent to -- Eddy: The car wash. Rountree: The car wash. Okay. Eddy: Yeah. That's 25 foot of landscaping on Overland and 25 foot on Locust Grove adjacent the car wash. Rountree: Excuse my questions, but the -- there we go. That answers my question. The fine print on that particular -- Meridian City Council December 7, 2010 Page 14 of 50 Eddy: That curb cut goes away on that also. Rountree: Okay. All right. That's good. Thank you. de Weerd: Mr. Eddy, I guess I have a question that was raised by a couple of the neighbors on noise and lights. Can you address that? Eddy: Yeah. I think we can. I think from what I said before, the neighbors -- I think the lights are typically the canopy lights are the issue that the neighbors have. Number one will be installing flush mount canopy lights, we won't have the same canopy lights you see in most of town. That building is 20 plus feet tall. It's adjacent to the neighbors. So, that building is going to block those canopy lights. There will not be a visibility there in any way. de Weerd: I'm talking more the noise from the car wash. When we have car washes -- I think it was on Eagle and Pine -- Rountree: Pine. de Weerd: -- the car wash was quite a distance from the neighborhood, but there was -- there was nothing between it and I think the building across the street will be a buffer, but can you tell me what the noise level is coming out of the cash wash? Eddy: I don't know what the noise level is. I mean I know Sonya has restricted in her staff report and we have agreed that that car wash will, you know, be closed always by 10:00 p.m. in the summer and 9:00 p.m. in the winter. So, we felt that was reasonable, that, you know, before the news comes on at night that that building will be closed and will not be open or operating. de Weerd: Okay. Council, any other questions? Bird: I have none. Rountree: I have none. de Weerd: Okay. Thank you. Eddy: Thanks. de Weerd: This is a public hearing. is there members of the public who would like to provide testimony on this item? Taylor Merrill was signed up. Qid you want to provide testimony? Good evening. Merrill: My name is Taylor Merrill. I reside at 3488 South Murlo Way in Meridian. de Weerd: Thank you. Meridian City Council December 7, 2010 Page 15 of 50 Merrill: Mayor, Council, appreciate the opportunity to address the Council. I represent West Park Overland 16 and just wanted to express our appreciation with the city in allowing us this opportunity and working with staff and their willingness to not only to critique the project, but to -- to work with us. There has been a lot of work involved in this as Becky articulated -- articulated initially. This project has been -- we have been waiting many years to utilize this corner and we feel very fortunate to have had the opportunity to work with Steve Eddy's company in laying out the plat or laying out these lots to accommodate the use, rather than sticking a use in lots, some of the comments that Council made that -- in how it lays out. I live in the area and work in the area and am very enthused about the state of the art opportunity that Fast Eddy's is going to provide, for not only community, but the neighborhood as well. I think this is, you know, for lack of a better word, cutting edge type stuff for not only a convenience store and whatnot, it's -- not to criticize other ones -- this is far and above the quality of other things we see across the country, if you will, and locally. So, I am very much saw in support of it and we think we have a real opportunity to benefit not only our development, but the community as well. And I thank you. de Weerd: Thank you. Is there any additional testimony on this item? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Seeing no additional testimony, I move that we close the public hearings on Item 7A, B -- well, we have already done those. C, D, E, and F. Bird: Second. de Weerd: I have a motion and a second to close the public hearing on these three items. All those in favor say aye. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Council, any further questions for staff on any of these items, Item 7-C, D and E? Rountree: Madam Mayor? de Weerd: Yes. Rountree: I just want to verify with Sonya the receipt of approval of access from ACHD. Meridian City Council December 7, 2010 Page 16 of 50 Wafters: Madam Mayor, Councilman Rountree, Councilmen, we did receive a staff report from ACHD and they are in approval of all of the proposed access points. Rountree: Thank you. Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-C, the rezone for Summerton Subdivision. Bird: Second. de Weerd: I have a motion and a second to approve Item 7-C. Any discussion from Council? Seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Item 7-D. Canning: Madam Mayor, just -- Rountree: Question for staff. The DA should have been with that one or the next one? Canning: The rezone. Rountree: Okay. Excuse me. Madam Mayor, Iwould -- de Weerd: Mr. Rountree. Rountree: -- reframe my previous motion to approve the rezone with the modification of DA provision 1.1.26 to allow for the waiver of access. Bird: Second agrees. de Weerd: Okay. And this is in regards to the development -- Rountree: Development Agreement. de Weerd: -- agreement on 1.1.26. Rountree: Correct. de Weerd: Okay. Discussion on that? Madam Clerk. Meridian City Council December 7, 2010 Page 17 of 50 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: I guess, Anna, that took care of your question? Canning: Yes, ma'am. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I would move that we approve Item 7-D, the preliminary plat. Bird: Second. de Weerd: I have a motion and a second to approve Item 7-D. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Item 7-E. Rountree: Madam Mayor, I move that we approve Item 7-E, the Conditional Use Permit 10-011. Bird: Second. de Weerd: I have a motion and a second to approve this item. If there is no discussions, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Corner of E. Overland Meridian City Council December 7, 2010 Page 18 of 50 Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lots on 3.9 Acres of Land Rountree: Did you open 7-F? de Weerd: No, I didn't. Rountree: Okay. de Weerd: It wasn't a public hearing. But why isn't it a public hearing? Rountree: Because it's a final plat. de Weerd: Okay. Rountree: Madam Mayor? de Weerd: 7-E is FP 10-099. Mr. Rountree. 7-F. Rountree: Based on staffs comments, I move that we approve the final plat for Item 7-F. Bird: Second. de Weerd: I have a motion and a second to approve 7-F. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South H. Public Hearing: PP 10-004 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 301 Residential Lots, 1 School Lot and 38 Common Lots on Meridian City Council December 7, 2010 Page 19 of 50 Approximately 120.6 Acres in an R-4 Zone for Volterra Subdivision North I. Public Hearing: PP 10-005 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 194 Residential Lots, 10 Commercial Lots and 22 Common Lots on Approximately 80.4 Acres in a Proposed C-G, L-O and Proposed R-8 Zones for Volterra Subdivision South J. Public Hearing: MDA 10-009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement de Weerd: I will go ahead and open the public hearings for Items 7-G, H, I and J, on RZ 10-005, PP 100-004, PP 10-005 and MDA 10-009. Parsons: Thank you, Madam Mayor, Members of the Council. This evening I'll try to break the applications into their appropriate section, so I will start with Volterra North plat, move to Volterra South and, then, wrap up with the DA provisions -- the proposed DA provisions and elevations that are to be included with the revised DA after Council makes action on that. So, right now before you is Volterra project that's located -- the Volterra North itself is located on the north side West McMillan Road and between North Black Cat Road and North Ten Mile Road. This project came before Council in 2005 with a planned development and allowed for reduced lot setbacks, extended block lengths, reduced street frontages and also included a mix of uses, including residential, office, and commercial. Since that time those approvals have expired and so the applicant's coming before you again to get that reestablished and, essentially, keep the same flavor of that project the way it was proposed in 2005. Again, here is the Volterra North plat. As you can see I have highlighted the proposed stub streets. The previous plat had contemplated approximately 540 buildable lots. If you recall in 2008, if you look at the east side of this property you can see that there is quite a large business park that's planned to be in conjunction with this. That was done in 2008 and that was -- that portion of the property was actually removed from the original Volterra North plat and was subject to a separate DA. So, that site is governed by a different approval, so that's why we are before you with reduced lots and less acreage for this new plat. This new plat now encompasses 120.6 acres. It's approximately -- it includes 301 residential lots, all zoned R-4 and includes one school lot and 38 common lots as well. Open space planned for this subdivision, approximately 21.05 acres of open space with six amenities. That would include a club house, five percent additional open space above the ten percent required by ordinance and, then, you also have a swimming pool, public pathway, tot lot and, then, some public art that's also proposed as you enter into the subdivision off of the main spine road there that connects Black Cat to West McMillan. Meridian City Council December 7, 2010 Page 20 of 50 And as we move to Volterra South, this is where the rezone comes into play. Again, as I mentioned to you earlier, the original PD granted reduced lot sizes and -- lot sizes and lot frontage -- and street frontages. Because that PD has expired, the applicant, upon staffs recommendation, during pre-app meetings, was advised to rezone the property to an R-8 designation. That encompasses roughly 58.33 acres. Those lots -- and that way that would allow the applicant to move forward with the previous approvals or similar approvals -- or at least a similar plat that was approved back in the day in 2005. One thing to mention regarding both plats, as well as -- the applicant has provided quite a few different micro paths and pedestrian connections with these subdivisions and the main reason for that is because some of the block lengths do exceed the requirements of the ordinance, but there is a provision in there that if you provide a pedestrian connection in lieu of a street connection, Council can waive some of these street connections and allow for extended block lengths. So, that's the route that the applicant has chosen before you this evening so that they can move forward with the plats as proposed and staff was in agreement and so was the Planning and Zoning Commission. have highlighted one area for you. On Volterra South I have also highlighted the proposed stub streets. You can see there is one located along the western boundary and one along the southern boundary. Those are consistent with previous approvals. And also if you'd notice in the southeast corner, it's kind off my graphic here, but there is a pedestrian connection that's proposed to the Drawbridge Sub to the south. It was quite a topic of discussion back in 2005. Those homeowners did not want to see that stub street punched through with the Volterra South project, so Council during that hearing had a recommendation that they -- in lieu of a street connection they would provide a pedestrian connection. In keeping with the spirit of that approval, the applicant has researched those findings and, indeed, concurred with the previous approvals and provided a pedestrian connection to the Drawbridge Sub as previously approved. With the Volterra South plat they are also -- they are proposing 194 buildable lots. The previous plat contemplated a mix of attached and single family detached homes with the plat before you this evening the applicant is merely proposing single family detached dwelling units. There is still the C-G portion and L-O portion still remains in effect and that property was zoned also in 2005. However, there was a few more lots proposed at that time. The applicant's now proposing seven C-G zoned lots and that's located at the south -- excuse me -- northeast corner there, the northern portion here. It's kind of bisected with this proposed collector street here to buffer for -- the residences from the C-G here and, then, also in southeast corner they are proposing three L-O zoned lots, with, actually, quite a large green belt that segregates the L-O zoned property from the residential lots. Here is the proposed landscape plan. Again, the previous plat contemplated the green belt splitting between the residential portion. With this new plate the applicant's actually doing an 80 foot wide green belt that buffers the western boundary of the C-G zoned lots, runs southward and down to the south boundary and, then, heads eastward to North Ten Mile Road. That seems to provide a nice transition and a nice green belt for the planned commercial and the residential area. It also provides a nice transition between the proposed uses as well. So, now I will move on to the DA provisions. The main reasons for the development agreement modification was the fact that the previous DA provisions were -- and the plat boundary, if you will, back in 2005, was tied to the original development agreement. Meridian City Council December 7, 2010 Page 21 of 50 As I mentioned to you earlier, this boundary -- although Volterra South boundary has not changed, Volterra North boundary has changed quite a bit due to that large business park. And so we need to remove that exhibits and attach the proper exhibits to the DA. So, that's one of the reasons for the DA modification. The other was the timing for the amenities. The previous DA provisions contemplated the ten acre parks -- excuse me -- the park proposed for both subdivisions to happen at a certain building permit. Given the fact that those permit -- those amount of lots have decreased substantially from the previous approvals, staff felt it was appropriate that those timings for those improvements have been more consistent with the plats that they are proposing now. So, as I mentioned earlier, overall there is going to be approximately 495 residential lots between the two projects. So, what the applicant's proposed is that prior to the 200th residential lot, the 10.2 acre park that's proposed in Volterra North would be constructed and, then, with the 400th residential lot, the three acre parcel proposed for Volterra South would be constructed prior to issuance of that building permit. The other issue was to tie those amenities to the subdivision -- or to the plat as well. So, that would include those six amenities that were proposed for Volterra North and, then, also three amenities proposed for Volterra South, which is, again, the park, the pedestrian walkways and, then, again, the additional open space. So, staff felt it appropriate to have that in the DA as well. And, then, also a large portion of the DA provision was the fact that back in the day we did not have design review in place, so as the applicant came in with his PD, his development agreement required that any future development on the commercial portion go through the CUP process now that we have design review and the zoning is in place, staff feels that with the tools that we have in place now we can adequately address any bulk standards for those -- development of a C-G and L-O zoned properties, so we could handle that through whatever the schedule or use or zoning allows us and the building design and site design could be dictated by the design manual. So, that's another significant change. And, then, also given the fact that this is a large plat and there is multiple phases planned for that, the applicant -- what has happened is because that applicant was trying to track so many different approvals on the site they kind of lost track of their approvals and that's why it's expired and so what we have tried to do here is if Volterra North, phase one, gets signature, that that phase would still keep Volterra South alive and staff was amenable to that, so that's what we have tried to do with DA provision number eight is try to express that, that any successive phase that receives city engineer's signature will keep the entire project, including Volterra South alive. And they were in agreement with that. So, if I move quickly on to what was discussed at the P&Z hearing, again, Planning and Zoning Commission recommended approval at their November 4th hearing. Speaking -- commenting on the application was Chuck Christensen, Paul Poorman, and Michael Wasnia. The applicant did provide written testimony in agreement with the staff report during the P&Z hearing. Items of discussion at that hearing included some of the commission's -- commissioners were concerned with the buffering between the C-G zoned property and the future residential lots. They weren't sure of what scale of buildings would go on that C-G zoned lot, so they wanted -- they wanted to go on record that they didn't seem to be in favor of that. The other issue was increased traffic on Ten Mile Road, given the amount of homes planned and that large business park planned for this -- in the general vicinity. Key changes to the staff report, there were none. And, Meridian City Council December 7, 2010 Page 22 of 50 then, so, really, the outstanding issues before Council this evening has to do with two requests, the first being there are quite a few large water facilities, meaning the Lemp Canal and the White Drain on this site. The previous approvals -- Council waived the requirement for tiling those facilities. The applicant would like those to remain open as well with Volterra South plat, so they are requesting a waiver for tiling those facilities. And, then, also with the Volterra South plat, if I could shoot up there, if you look at this graphic here I have depicted two access points for you this evening. Staff has conditioned those to be right-in, right-out only. They do align with the existing curb cuts for developments across the street -- across the arterial streets. Staff has communicated with ACHD on those access points. They were amenable -- they were in agreement with those access points, so the applicant is also requesting Council waiver for those proposed access points to McMillan Road and North Ten Mile Road. Staff did not receive any written comments regarding the commission recs or the DA modification. Staff report. Staff has recommended approval with the DA provisions that were presented to you this evening. With that I will stand for any questions Council may have. de Weerd: Thank you, Bill. Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, you identified one of the items that we need to -- one of the many, but one specifically, the exemption of tiling of the drain and the canal. Was there any discussion about incorporating those two elements as design features and amenities into the development? Parsons: Madam Mayor, Councilman Rountree, if you look at the landscape plan, my understanding is -- talking with the applicant is if you recall Bridgetower, if you look at those future phases you can see there is quite a bit of green belt there, four foot fencing, and detached sidewalk. The Meridian masters pathways plan shows that there is a ten foot pathway along this -- along Lemp Canal along McMillan Road. The applicant is providing that pathway. They intend to include that as a green belt as well. So, you will get an abundant green belt along McMillan Road with Volterra South Subdivision and that pathway does continue into that 85 foot buffer along the C-G portion as well in the L-L as it heads to North Ten Mile to the east. Rountree: Thank you. Parsons: Yes. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Meridian City Council December 7, 2010 Page 23 of 50 Zaremba: Would you -- I think it's in Volterra North -- indicate which one is the school lot. Parsons: Sure. Madam Mayor, Councilman Zaremba, the school -- the school property is actually bisected into two pieces. There is, actually, afive -- approximately a five acre piece north of this, but if you look at the northwest corner of the site you will see this large open space here, that is the proposed school lot and that will be joined with the other five acres to give an approximately ten acre school site for a future elementary school. Zaremba: Great. Thank you. And on the two parks, are they going to remain common area of the subdivision or are they going to be deeded to the city at some point? Parsons: Councilman Zaremba, those are amenities for the subdivision. Zaremba: Okay. Thank you. de Weerd: Any other questions from Council? Rountree: I have none. de Weerd: Would the applicant like to comment? Christensen: Madam Mayor, Members of .the Council City, my name is Chuck Christensen, I'm employed by Quadrant Consulting, whose address is 1904 West Overland in Boise and, yes, I would love to comment. Thank you. Appreciate the comments that Bill has made. Just like to clarify a couple of things. With respect to the canals that are shown in Volterra South, the intent is to incorporate the -- those canals into the project as a project amenity. At least as far as it travels -- well, through the whole length, but in particular as it follows the boundary of the L-O and the C-G zoned property. When the canal turns to the west along the side of McMillan Road, it will be landscaped, but there will be a fence that separates the canal from the residential lots to the south. It will very similar to what's out there now for Bridgetower. And the other issue that's come up is access off of both McMillan Road and Ten Mile Road right there for the C-G zoned property. The improvements that were constructed at that intersection by the current property owner incorporated the access points that are shown. So, as engineers we worked with ACHD to figure out where those accesses would be constructed and those are actually in place right now. So, unless there are any other -- and I should mention that all the other conditions of approval are acceptable to the owner. de Weerd: Okay. Council, any questions? Rountree: I have none. Meridian City Council December 7, 2010 Page 24 of 50 de Weerd: Thank you. This is a public hearing on Items 7-G through J. Is there any members of the public who would like to provide testimony? Yes. Good evening. If you will, please, state your name and address for the record. Feesons: My name is Daryl Feesons and I live at 4025 Daphne -- de Weerd: Thank you. Feesons: -- in Meridian. I just wanted to I guess get some clarification or make a comment. The Ten Mile intersection at McMillan is very well laid out. A lot of work has gone into that and it functions quite well with the businesses and that. With the north portion of this subdivision part of it empties out onto Black Cat also and so we have access in a school proposed there on Black Cat. Black Cat and McMillan is a four way stop right now and it's a two lane road. It's very rural still. I mean that's all still farmland out there and so I just have a concern that we may end up seeing additional traffic in that area from the school -- especially around the school time in that and with a four way stop there, there is really not a whole lot of traffic control there. Now, on the other side where the business park is proposed on McMillan and Ten Mile, Isee -- you know, living in that area I see it all the time and it seems to flow really well. That intersection was designed very well and it works- quite well, even with the businesses right there on the corner and all of the -- all of the subdivisions there, with Bridgetower and all that we got it works well. But I'm just concerned about the -- the McMillan and Black Cat side of things, because it is so rural and there is just not a lot of traffic there right now. We may end up seeing issues there and maybe even up onto Black Cat and Chinden and people trying to get onto Chinden Road. Again, you're looking at a stop sign situation, rather than afour -- than a stop sign -- or stop light. Excuse me. de Weerd: Thank you. And I appreciate those comments. Any other public testimony? Yes, sir. Good evening. Again if you will state your name and address. Muggleston: Merry Christmas. Darren Muggleston. 834 West Crosby Drive, Meridian. also have a concern. I do live in that -- that area off Meridian -- McMillan and I do have a concern with the traffic. I'm concerned with all of Meridian for that matter, for the development that's going on and I don't feel like Meridian is addressing the traffic problems that we are having. I think with another subdivision up in that area -- on McMillan there is a four way stop there at Locust Grove and McMillan. The traffic is preposterous to go through and adding another 450, I think, residential, it's just too congested and I didn't hear anything from the development on how they are going to address any of those issues and I'd just like to have some further clarification on that. Thank you. de Weerd: Thank you. Okay. Additional testimony? Okay. Would the applicant to like respond? Christensen: Madam Mayor, Members of the Council, Chuck Christensen. Of course the project will generate additional traffic. I don't really know right off the top of my head Meridian City Council December 7, 2010 Page 25 of 50 what the highway district has for improvements to the other intersections that are nearby, such as Black Cat and Meridian Road. I don't know where that is on their capital improvement plan. This is, obviously, a very long-term project and could go on for a couple of decades and I suspect that sometime in -- within the lifetime of this project those improvements will be constructed. We expect that the bulk of the traffic from this project will use Ten Mile Road and the new freeway interchange as their primary traffic route. de Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor, just -- was there any indication from ACHD on the desire for additional inter -- intersection improvements? And I do recognize that your client actually participated and helped make what's gone on out there happen, not ACHD, but -- like Frank. Christensen: There isn't anything in the ACHD staff report regarding some of the other intersections that have been mentioned tonight. Rountree: Okay. Christensen: Beyond the improvements that have already been built out there. Rountree: And they, basically, have improved the -- Christensen: Yes, sir. Rountree: -- the subdivision. Thank you. de Weerd: Any other questions? Mr. Zaremba. Zaremba: Madam Mayor, I would just comment that my recollection is McMillan and Locust Grove was mentioned, which is some distance from this, but I believe that's on the schedule within the next year. Full improvement. Signalized and five lanes -- five- by-five intersection I think. ACHD is certainly aware of McMillan and Black Cat and although it may be way off in the future, I believe it's also going to be five lanes by five lanes at some point. But that maybe not happen immediately, but I believe Locust Grover is on the schedule very quickly. de Weerd: I thought McMillan was three lanes. Zaremba: Well, they are still open to discussion on that, whether it should be five. believe COMPASS has it as -- as a three lane, but ACHD would support moving it to five and I certainly would. Meridian City Council December 7, 2010 Page 26 of 50 de Weerd: I guess that's a debate for another day. Zaremba:. Yes. de Weerd: Any other questions from Council for the applicant? Rountree: I have none. de Weerd: Okay. Thank you. Council, do you have questions for staff at this point? Bird: I have none. Rountree: No. de Weerd: What is your pleasure? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: As I understand it, the outstanding issues for discussion would be tiling the White Drain and Lemp Canal, I think we have said in the past and I'm willing to repeat it, it's all right with not tiling it as far as I'm concerned. Sprucing them up a little bit and making an amenity out of them is preferred. And the right-in, right-out access to McMillan -- one on McMillan, one on Ten Mile, I don't have a problem with. Personal comments. de Weerd: Thank you. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Seeing no more public testimony, I move we close RZ 10-005, PP 10-004, PP 10- 005 and MDA 10-009. Rountree: Second. de Weerd: I have a motion and a second to close the public hearings to Items 7-G, H, I and J. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? de Weerd: Mr. Bird. Meridian City Council December 7, 2010 Page 27 of 50 Bird: A question before I make the motion. In the -- Anna, on the RZ is where we do the exemption for tiling and the right-in, right-out, is that not right or is it in the preliminary plat? Canning: I believe in this one it's in the plat. On the last one you're correct, it was on the rezone. It just has to be any public hearing by Council. So, in this one it happens to be in the plat discussion. Bird: Okay. Which plat? You got two preliminary plats. Canning: It would be Volterra South. So, that is 005. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve RZ 10-005 with all staff and public comments. Rountree: Second. de Weerd: I have a motion and a second to approve Item 7-G. Is there any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve PP 10-004, with staff and public comments. Rountree: Second. de Weerd: I have a motion and a second to approve Item 7-H. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 7, 2010 Page 28 of 50 de Weerd: I would like to comment on this preliminary plat and the next one. A lot of discussion was had on this when it came through originally and I know that the neighbors' concern of traffic out there -- certainly when the school goes in they will have to come through with the appropriate public hearing process and traffic will be certainly a consideration and a concern at that time. One of the things I will say when Volterra and -- came through is there is a huge commitment and an investment by the developer to bring transportation improvements far ahead of when they ever would have been and it was really associated with the subdivisions and it was because of that that those improvements were made. Certainly as we look further west those are going to be considerations and I certainly hope that our transportation entity does look at those kinds of partnerships again and this was really driven by the developer and the city and in getting this ahead of time. So, I appreciate your testimony and your concern. In particular, when you start bringing in those elementary schools and the associated challenges that we have getting kids across busy arterials, getting them safely to school and -- and all of the needed infrastructure with sidewalks and all of that. So, I -- in light of the economy, that is going to be a discussion down the road, but I appreciate your testimony here tonight. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve PP 10-005 with applicant and public testimony and staff. Rountree: Second. Canning: Madam Mayor, clarification? de Weerd: Yes. Canning: Would the maker of the motion mind commenting on the waiver for the access points -- Bird: Sorry. I -- Canning: And the tiling. If you could, please. Thank you. Bird: I'm sorry, Anna. And that includes the exemption of tiling the White Drain and the Lemp Canal. Also the right-in, right-out access to McMillan and Ten Mile Road allowed. Rountree: Second agrees. de Weerd: Okay. I have a motion and a second to approve Item 7-I. Is there any discussion? Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council December 7, 2010 Page 29 of 50 de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 7-J. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve MDA 10-009, with stafFs recommendation as shown and applicant's agree to incorporate that in the MDA. Rountree: Second. de Weerd: I have a motion and a second to approve Item 7-J. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Mayor's Department Report: Ad Hoc Lakeview Meridian Golf Course Focus Group de Weerd: Item 8 under. Department Reports we have item 8-A. I will turn this over to Councilman Rountree. Rountree: Thank you, Madam Mayor. Before I start, Bill, is there anything that Ted wished you provide on this discussion? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I think Mr. Baird, a deputy attorney from my office, is a member of this group as well. I think -- I think there is still some finalization of an agreement that we'd like to have, but I think the -- most of the discussion has been had and I think Mr. Oaas is here to talk about that and I think we are just -- we would just like the Council, after hearing that, if the Council's direction is to, then, finalize this in agreement format of some sort, because we have -- there is the issue of the waiver of the yearly obligations and those kind of things that we can finalize all of that and bring a final agreement back in front of you after tonight's discussion. Meridian City Council December 7, 2010 Page 30 of 50 Rountree: Thank you, Bill. In August -- September I believe it was Eric Oaas came to us and requested several things from the city and we had talked about several things as well on the lease with the golf course. One is that it needed to be amended, because things have changed. Eric had come before the city and requested a waiver of the annual fee and also some modifications to some of the conditions and some of the maintenance activities that were identified in the lease. The Mayor at that point established a golf course forum, if you will, and I got the lucky straw, so I got to lead that effort, and I have got to say it was a -- it was a grand effort. I think the folks that participated -- two citizens that stepped forward and volunteered, Jim Borton and Jim Correia, both very soft spoken gentlemen if you know them -- actually, very frank and at times brutally frank with all of us and vice-versa, but the discussions were good. We started in October -- the 1st of October. We had a series of four meetings. The first meeting we kind of established ground rules and that sort of thing and started to get Eric comfortable, because he was out of his comfort zone for a good share of this process. I think tonight he can look around and see that it probably was a good thing and this is the result that we hoped would happen. Anyway, we started talking about the maintenance exhibit that was in the existing agreement -- or easement -- or lease. Excuse me. And talk about the elements that just were not applicable to the golf course and there were several and there were several things were applicable to the golf course that weren't included. So, we just refreshed those and you have those as attachment -- I believe it's attachment one in your packet tonight -- or exhibit one and that establishes the minimum ground maintenance schedule for the golf course and that's during the active golf season, which we established as May 1st through October 1st and these are minimums. They are actually doing some of these things more often, such as mowing greens more than six days a week and they have been. I believe the previous agreement was like four or five days a week, so some things have increased, some things have gone away. There were some provisions for certain kinds of mowing to take place on occasion. Well, that was applicable to greens that had grass that we didn't have on our greens. So, we struck those kinds of things. We cleaned it up. Everybody was in agreement that this is probably a very good array of minimum maintenance practices that will take place and it was agreed to on the part Mr. Oaas and his operator that we -- we would move forward with that. Next -- we next entered into a lot of discussion about rumor control and we had kind of open dialogue in every meeting that was what's going on today and what are you hearing recently and how can we address some of the rumors and we did that almost every meeting, but the next focus was the proposed capital improvements exhibit and through several meetings -- and this was not easy to try to distill this down into something that was meaningful. We asked the citizen participants to go to the folks that utilize the golf course and have them identify things that they think are really critical that need to be done out there, as well as what the leasee identified as critical for them to be able to continue doing business and to improve their business and came up with a list that is shown as Exhibit 2. Now, in the process of this four or five week meeting schedule, the men's and women's association and the friends and neighbors of the golf course did everything from holding tournaments to having rummage sales to all kinds of efforts to raise money for the golf course. Through their efforts they raised over 11,000 dollars and their desire was for that money to go towards cart path improvements. As you recall, we were asked to Meridian City Council December 7, 2010 Page 31 of 50 match that and as you recall we couldn't, but we did put forth almost half of that amount in terms of match also to be used for cart path improvements. We also dialed the folks into a material source that, essentially, was free and delivered to them on site. So, they could use the material for cart path improvement and I know they are done, they are awfully close and they are further along than we even anticipated a couple months ago in terms of improving and installing cart paths on the golf course. So, cart paths you will see on this exhibit -- the donated is actually much greater than that. This probably should be updated to reflect the almost 17,000 dollars worth of donated funds and I suspect there is probably a good three to five thousand dollars worth of effort left to remain on that. The other items, carts -- bunkers were the real issue with the folks that use the golf course. Improvement of the golf course in terms of esthetics and tree placement and replacement and addition and some of these other things that you -- that we have listed here. The upshot of that is is everybody agreed that this is a good building block, if you will, to follow -- to help guide as management of the golf course can recognize, hopefully, a profit in the near future and they can direct funds in these areas. The group also recognized that it's a dynamic operation out there, things change, and some of these items that we show here may shift in priority and need and we would simply ask that that be brought to the city and we make modifications as appropriate. The first document you have in your handout is the addendum to the lease. It's very short and that's about all we needed to do to get it current. Having done that and I thought with great success and a whole lot of dialogue and a really good exchange of emotions and facts and rumors and -- and all of that, we came to the conclusion that we now have a reasonable maintenance minimum program, we have a reasonable expectation of what kinds of capital improvements should and can be made on the golf course and having done that they are not asking for your favorable conclusion tonight, I'm asking for favorable consideration of waiving the annual fee for last year and also for accepting the changes in the provisions of both exhibits and the addendum to the lease and at this point I will turn it over to Eric if he has any comments and, then, open it up for questions. de Weerd: Good evening. Oaas: Madam Mayor, City Council. Eric Oaas. I'm with Oaas Laney, 314 South 6th in Boise and I'm here on behalf of the Lakeview Golf Course and just to add a couple of additional comments to some of the remarks that Councilman Rountree has -- has provided tonight. Just -- maybe just a couple of brief comments. One, I would have to say that Councilman Rountree was dead on accurate when he said that it was out of my comfort zone. There was a bit of a reaction or hesitation on my part, Madam Mayor, when you had recommended setting up the task force and Iwas -- you dragged me kicking and screaming a little bit, but as the process started and worked its way through, really, with a great deal of thanks and gratitude for Councilman Rountree's efforts to lead this, it -- it really did bring out some good feedback, some good input from the public and I believe at the end of the process we did end up with -- with a very good modification to the lease agreement that provides for this to be a living document and one that we can carry forward. Councilman Rountree, in addition to the -- in addition to his responsibilities as leading this task force, took a very active roll in participating in Meridian City Council December 7, 2010 Page 32 of 50 some of the action items and the activities that -- that we were all charged with in -- in this effort and -- and for that I -- you know, I sincerely appreciate your time and your efforts, because you took this seriously and, in my opinion, you did a -- you did a fabulous job. The other person that I think we need to recognize is Clint Travis with Raven Golf Services. I think Clint -- as the city knows, we engaged with Raven Golf Services in April of this year to act as the operator and bring a tremendous amount of professionalism to the golf course and its operations, its staffing, and virtually every part of the -- every part of the facility and operations and I'm here tonight to tell you that that was probably the smartest decision that we have made with regard to the golf course, you know, since we became involved in it. They are absolutely, in my opinion, top notch and they have done a fabulous job and Ithink -- I think Councilman Rountree -- Rountree: I agree. Oaas: -- would agree that -- that Clint -- Clint provided a tremendous amount of input and guidance that was invaluable. With that I -- I respectfully request that you adopt the proposed modifications as presented by Councilman Rountree and I don't believe that -- that he -- that he's requested action tonight, but at whatever point in time is appropriate, I would encourage and request your approval and, furthermore, request your approval of the waiver of the -- of the 6,000 dollar lease fee to the city this year. With that I'd stand for any questions from the Council. de Weerd: Thank you. Council, any questions? Bird: I have none. Hoaglun: Madam Mayor, just a quick request. On Exhibit 2 it talked about the proposed capital improvements and, then, you had the priority improvements include one, two, three, four. The possible additional capital improvements include -- those are not in priority, they are just potential as money or need. comes about or were they in also priority order? Oaas: Councilman Hoaglun, the -- the list that you see -- we tried to put in somewhat of what we considered to be most important at the top and those items that I wouldn't say are least important, because at the bottom of the list there is two very, very important items, but suffice it to say that we wanted -- we really wanted to knock off the -- you know, and start from the top of the list and work our way down. Hoaglun: Okay. That's good, because from what I had heard from the neighbors and the golfers out there, bunker renovation was a priority, so I just wanted to see if that was in priority order then. Rountree: Brad, my comment to your question is we tried to prioritize the -- the items, but with the first four those were pretty much the critical issues and if you will look at the amount of money dedicated to those potentially and, essentially, in the unknown status of what the economy and what the future is going to bring in terms of profits to the golf Meridian City Council December 7, 2010 Page 33 of 50 course, one, two, three, four -- might become five, six, seven and eight, depending on what the year is. So, we stopped at those, because we knew those were critical not only for play, but for the business aspect, because without the carts folks are not playing and with the cart paths being in the condition they were in there is a lot of private carts out there on that course and there was a lot of people upset with just the bad condition they were in or nonexistence in some cases and, two, having prioritized the rest of them, then, that doesn't necessarily leave room for something that might come along, though we didn't envision to slip in there and, then, we have to start fudging with the numbers again. So, it's simply an array of things that need to be done that we know and an estimate of what it might cost and if there is more money coming in, more is going to get done. If there is less, then, they may not be able to get all of that stuff accomplished in the first three, four years. Hoaglun: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would comment that I have an interest in this, not only as a City Councilman, but as a neighbor of the golf course. I live in Ashford Greens and my subdivision either abuts or surrounds five, six, seven, eight and nine, I believe. I very much appreciate the work that you and your partners and your staff are doing. I know it's been a struggle and I appreciate you hanging in there, but the improvements that have happened just in the last couple of years since you have taken over have been well appreciated by us neighbors and I appreciate the work of the ad hoc focus group. I think you have come up with some good recommendations. I also want to thank the friends of the golf course, having taken on the task of doing the golf cart paths. So, that being said, there is a small matter that I think does need to be addressed and it is about the golf course paths. At the green for number seven I believe it is -- years ago the golf cart path went between the green and the little pond that's there, so it went around the hole counterclockwise and approached a curb cut where you can cross Talamore at a 90 degree angle. At the time the people that were operating the golf course -- the golf carts were tearing it up. It was turning to mud, so they put up some fences that directed golf carts around that green clockwise, so that they went south of it and at the time many of the golf cart people started using the sidewalk that is there parallel to Talamore on the north side and, in fact, because that side become muddy as well, some fencing was put up that actually forced the golf carts onto the sidewalk. That is an issue with a number of the people in Ashford Greens and the little senior subdivision that's within Ashford Greens, because the golf cart people driving on the sidewalk tend to intimidate the walkers and act as if it's walkers that should not be on the sidewalk and, frankly, have experienced that twice myself, not just reports from other people. So, as thrilled as I am about the progress that's been made with the golf cart path, I think it's wonderful, that one little place where they have -- the people that were installing the golf cart path now made it so that that's where it goes, onto the sidewalk, and it travels on the sidewalk for a hundred feet, something like that. But, at any rate, it doesn't cross it Meridian City Council December 7, 2010 Page 34 of 50 at a 90 angle like people's driveways and cars do, it actually uses the sidewalk and on behalf of my subdivision and myself I would like to ask that that be reconfigured. Since the time -- in this process and over the last few years the area of that green has been enlarged and now it's been bermed up so that there is no flat space between the sidewalk and -- it used to be some flat space there. There is no longer flat space there. So, I don't want to make the answer to it, but to me the only answer to stay off the sidewalk is to go back to going between the green and the -- and the pond, so that you're going around that green counterclockwise and Ijust -- I'm just putting it on record that I think it would be a good idea to have that addressed before Ashford Greens gets up in arms and I appreciate that that piece looks like it's already done, but I would like to ask that it be moved. Sorry about that. Oaas: No. Councilman Zaremba, I will most definitely look into that and we shouldn't be driving the golf carts on the sidewalk. Zaremba: Crossing at a 90 degree angle, of course, like people do to get into the driveway is fine and people expect that. It's just traversing along it is not appreciated. Oaas: We will take a look at that and get our experts to figure out a solution Bird: Great. Thank you. de Weerd: Madam Mayor, if there is no more questions I just wanted to some up and David's question or comment is just an example of there is -- there is a never ending list of these kinds of things that -- that need to be addressed and focus group talked about a good many of them and the group indicated that they would be willing to get together on occasion to talk through some of these issues as well. My final comment is that the -- the lease has been semi-administered by the legal department over the years and my recommendation, with the approval of the Mayor, is that the parks and rec folks be responsible for administering the agreement with respect to coordinating the annual reviews, making sure that the maintenance activities are, in fact, being done and the other conditions in the agreement are being met, because we have not necessarily assigned that responsibility to anyone in the past and I have to admit that we have not -- we have not gotten all of those things dealt with every year. Some years we do a real good job, some years we miss a few things, so I -- my recommendation is to have legal counsel who drafted the lease and knows the lease well work with Public Works and put together a checklist, if you will, of things that need to be done on a -- quarterly and annual basis annual and the contact people that need to be involved, through either Eric's organization or Raven or whomever and that way we can keep on top of it and it's actually an assignment for somebody to follow through on. de Weerd: And that's working with parks Rountree: With parks. de Weerd: Okay. I heard Public Works and -- Meridian City Council December 7, 2010 Page 35 of 50 Rountree: Oh, excuse me. I'm sorry. I meant parks. If I said Public Works I meant parks. Sorry, Warren. I know I rattle you enough, but -- de Weerd: I saw his ears kind of perk on that one. Okay. And certainly we -- we can do that. I guess just to add to the thanks, I would also like to thank Councilman Rountree for heading this up and also to our parks department that were at a couple of the meetings and there has been some good dialogue and relationship built from them attending those meetings and some subsequent follow up. So, I think a lot of positive things come from this and certainly as the neighbors -- the homeowners associations here at this focus group, they can take additional items to this group for vetting and to have better discussions and at least, then, the HOAs know there is a group and a citizen -- some citizen representatives that they can bring their items to and maybe we need to let Council know that we have a focus group so they can bring their items to it. Touche. Zaremba: Thank you. de Weerd: I guess, Council, any other comments or questions? If there is any issues we can certainly direct them to Councilman Rountree. Rountree: Thank you, Madam Mayor. de Weerd: You're welcome. Anything further on this? Action, Mr. Rountree? Rountree: I would say give it a week for you to look at the amendments in the exhibits and see if you have any further questions and, then, again, my recommendation is to waive the annual fee given the changes we made in the lease in the exhibits and to adopt those and to move forward. Bird: To waive the fee -- is that a motion, Mr. Rountree? Rountree: I could this evening if you wish to do that and hold off on the approval of the agreement for another week. Bird: Waiting don't have anything to do with it. Excuse me, Madam Mayor. Rountree: No. Bird: So, if that's a motion I will second it. Rountree: Well, I would prefer someone else make that motion, since I -- I led the task force. Bird: Madam Mayor? Meridian City Council December 7, 2010 Page 36 of 50 de Weerd: Mr. Bird. Bird: I make a motion that we waive the 6,000 dollar lease fee for the golf course this year. Hoaglun: Second. de Weerd: I have a motion and a second. Any 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: Thank you, Eric. Oaas: Thank you, Madam Mayor, City Council. Rountree: Thanks, Eric. B. Police Department: Budget Amendment for Police Miscellaneous Grants for aNot-to-Exceed Amount of $3,600.00 de Weerd: Okay. 8-B is our police department. I will turn this over to the chief. Lavey: Madam Mayor, Council, in front of you is a budget amendment. Over the summer 2010 we obtained a lot of funds -- donated funds over National Night Out and those funds were not spent in FY-10 and we are providing the paperwork for our purposes and seeking spending authority for that amount not to exceed 3,600 for FY- 11. And that's it and I will take any questions. de Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-B in the amount of 3,600 dollars. Hoaglun: Second. Meridian City Council December 7, 2010 Page 37 of 50 de Weerd: I have a motion and a second to approve Item 8-B. 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. C. Planning Department: 3131/3163 Lanark Development Agreement Modification Application Fee Waiver Request by Patrick McKeegan de Weerd: Item 8-C is under the Planning Department. I'll turn this over to Anna. Canning: Madam Mayor, Members of the Council, we do have a fee waiver request for the property owner or his representative -- I'm not sure which one is speaking. The property is 3131 and 3163 Lanark Development and the waiver would be for a development agreement modification and I will let the owner or applicant present their case for you. de Weerd: Okay. Thank you. Yes. If you will, please, state your name and address and also state specific to your request. McKeegan: Yes, ma'am. de Weerd: Thank you. McKeegan: Madam Mayor, Council Members, my name is Patrick McKeegan. I am the architect representing Ted Sigmont, owner of 3131 and 3163 LLCs, which own the property at 3131 and 3163 Lanark. My business address is 280 North Latah Street in Boise, Suite 100, 83706. de Weerd: Thank you. McKeegan: We are here this evening to request a -- that you waive the application fee for the development agreement modification application that we have submitted. I will be very brief. The reasons we feel that this is appropriate in this case is that staff is very familiar with this project. It was originally approved in 2007 and we have been before Planning and the Council many times with the project and with the development agreement and also we are only asking for a very narrow one -- actually one paragraph -- one section of the development to be waived and because of the familiarity and the previous work on the application we feel that it will not be a burden for -- for staff. The history of the building is -- the reason we are asking is financial hardship. The building was constructed in 2007. None of us anticipated what was going to happen. The building has been vacant since that time. We have had a number of tenants look at it. Meridian City Council December 7, 2010 Page 38 of 50 We actually came back and asked for a rezone, which was approved, which was cause for the development to broaden the net we could cast for tenants. We now have a tenant who is actively interested in the space, but the development agreement requires that we construct a ten foot path, which we have now found because of the location that the highway district -- or the ITD wants is going to be extraordinarily expensive, so we are going to ask for a -- request -- the development agreement request is going to be in regards to that ten foot pathway and I won't go into any detail, because we are going to have a public hearing on that. During this process Mr. Sigmont has spent a significant amount of money on the approvals to date. He's spent a lot of money complying with the other portions of the development agreement, soliciting tenants, maintaining the property, maintaining the mortgage. The property is actually currently in bankruptcy and heading towards foreclosure very soon. We are doing everything we can to salvage the project. Like I said, we have a tenant who is ready to move in. I have a set of working drawings I'm ready to submit for an application for a building permit, but we can't do that until we have zoning approval, which at this point we can't comply with because of the costs associated with the -- with the pathway relocation and we want to revisit that so we can determine if the project is going to go forward or not. We feel that the city could maybe view this waiver as an investment in the community in the form of -- if the -- it's just one more thing to make it easier for us to make the application. If we can get the building occupied, get people back to work, get the tax base going again, and move forward with the project. So, I'd respectfully ask that you waive the application fee for the development agreement and will answer any questions you may have. de Weerd: Thank you. Council, any questions? Okay. Thank you. McKeegan: Thank you. de Weerd: Mr. Nary, I guess I would ask -- we do have a request in front of us -- what action, if any, that the Council is being asked to consider. Nary: Madam Mayor, Members of the Council, basically under our Uniform Development Code and Mrs. Canning is the guru of all of that, you have the authority to waive fees for any application that a person has. What I would suggest, if the Council is of a mind set to do so, that you make findings as to what those grounds are or you will have a parade of people asking to waive fees for everything. So, it's your decision on whether you wish to waive fees based on what Mr. McKeegan has presented and if you wish to do so, then, I'd just ask that you clarify what your reasons are. de Weerd: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I just would like to comment, I realize sometimes these fees are viewed by the applicant as being kind of punitive and they are not. They are designed to recover Meridian City Council December 7, 2010 Page 39 of 50 the cost of the time it takes for the staff to process and bring it through the system, which is a process, and I acknowledge some of them are maybe easier than others, but on behalf of all of our taxpayers we don't actually -- this part of the system -- this part of the finance system is not designed to burden the taxpayers to subsidize something that a developer needs to do and as Mr. Nary commented, you know, we could have a long line of people that are saying times are tough and I'm not holding this position strongly, but I could be convinced otherwise, but Ijust -- the purpose of the fees is to cover the time that it involves to process them, so that the taxpayer isn't paying for it and I certainly support the idea beyond the fees. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, I understand your comment and I have the same concern, but it -- but it seems to me we need to get into the basis of the request and the basis of our previous action, so we really can do the due diligence to justify why we would or would not waive this, based on the letter, and this is not an analysis of the previous requirements that the city placed on this particular development, but it seems to me conditions have changed with the third party involved and possibly rights of way owned by somebody else that the city was anticipating a pathway being put on and not being able to do that now and costs to meet that requirements in another location and in another way that was originally anticipated is significant. So, that's the information I have. I don't have the particulars on the original proposal, I don't have the particulars on the original requirements, nor could I have until we have a hearing on this thing. So, I'm kind of -- where do you go? To me there is some reason in that, that maybe -- maybe because of changes and increased costs due to those changes we might want to consider a waiver. Nary: Madam Mayor and Members of the Council, I'm going to guess Mrs. Canning may have something to add, but I guess what I would add is Council Member Rountree, your comments I think dovetail with what Council Member Zaremba states. I mean your costs are really meant to reflect the staffs time and these changes that Mr. McKeegan raised as part of their reason for financial hardship, to me, again, without having more information -- and, unfortunately, we can't have more information at this stage, begs the question that the staff will have to spend some time providing that level of scrutiny and analysis for you folks to be able to make a reasoned decision later, which, then, makes since as to why there is a fee. There is going to be some time that's involved in addressing those very same issues that have been raised and that's what it's for. But Mrs. Canning probably has a better perspective on that, but I think you have answered, essentially, what Councilman Zaremba has raised as a concern. Canning: Madam Mayor, Members of the Council, I -- in setting our fees we tried to anticipate an average application and they do cover our cost. It really is just Council's decision on the matter. I guess I don't have much to weigh in on that aspect, but I did want to point out, because you -- a couple of you have asked me to make sure that when there is a waiver of fees that we include any possible waiver of fees. The Meridian City Council December 7, 2010 Page 40 of 50 development agreement modification fee is 502 dollars. The standard they are seeking to modify in the DA is, actually, one that's in the access to state highways standard, so it's a standard that would require a variance and I apologize, I know I have talked to staff about this months ago and I don't remember where we came down, so it's possible they may also need a variance for this -- for this application. I'm not sure. The variance fee is 1,056. I apologize that I'm not better informed on that at this moment. The one they want to waive is having a sidewalk next to Eagle Road and I always anticipated it would be on Eagle Road. Now, that's not to say that the applicant had the same expectation at the time it went through the approval process. Sometimes we can all go along with different expectations and not find out until the end that they don't mesh, so -- de Weerd: Thank you. Hoaglun: Madam Mayor, kind of question Anna further on that. So, their request is for the fee waiver for a DA modification, but it could be if that -- whatever happens, them moving forward there is also going to be a variance, possibly in the -- Canning: It -- oh. Yes. Hoaglun: -- which is an additional fee, which is double the DA modification fee. Canning: And tonight all they are asking for is the DA modification fee, but the issue has come up before and specifically the Mayor and Councilman Rountree have asked me to notify you all when there may be another fee waiver request or possibly another fee coming up for that applicant. So, I just wanted to inform you. But they have not requested that tonight. de Weerd: Any further questions from Council? Okay. Hoaglun: Madam Mayor, just a comment. I'm kind of like Councilman Rountree a little bit where is this an issue where conditions have changed and they are in a situation that's a no win for them, but to do that, racking my brain to say, okay, how could we put it in such a narrow, tight, little box that are aren't going to have everyone else who can claim financial hardship to come forward and say, oh, you know, I have got a situation here, I want my fees waived and I don't know what that is. I'm willing to consider one, but I don't know what it is to put it in that airtight little box to say, okay, we can do it in this situation and this situation only, but I'm open to suggestions. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Maybe this is a question for Mr. Nary. Would it be possible to say that we do require that the fee be paid, but we would reconsider that when we are actually in the discussion on the real subject? And perhaps pay it back or not. Meridian City Council December 7, 2010 Page 41 of 50 Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I can tell you this -- and Mrs. Kilchenmann hates when I tell you this, but you always have the ability to refund the fees if you choose and it's not -- it's not unprecedented, it's certainly not common. But there have been occasions -- very, very limited that a decision was made to refund the fees based on circumstances that you find out later -- and, again, I recognize you folks are at a disadvantage at the moment, because some of the things that you might consider for that purpose you can't hear, because a hearing is pending or to be pending on this very matter. But you do have the ability later, if you choose -- and Mr. McKeegan renews that request, to refund the fees, because you believe there is a hardship or to waive a separate fee that may be necessary, like Mrs. Canning raised, that another fee that may be necessary because of changed circumstances, you may consider waiving that fee. So, you do have the ability. It's certainly not -- it's a done deal today if you choose to not waive the fee, but it's not a done deal forever in the sense that you could choose later to refund them for whatever purpose you direct. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: In that case I would propose a motion and my motion would be to deny the fee waiver request, but to notify the applicant that at the time we are considering the real subject, we would reconsider a reimbursement of it -- a refund of it. de Weerd: I have a motion. Do I have a second? Hoaglun: Second. de Weerd: Okay. Any discuss? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I mean if you're going to waive it, waive it now. What you're doing is -- is -- you know, we should be getting to process things through the finance deal, but you're asking our financial to do it, administration fees of about 20 percent. So, I -- I either -- either pass it now or -- this refund thing is -- reimbursement is a pain for our staff and for keeping track of it and my thought right now is they either pass it or deny it. I don't want -- I'm not for looking down the road. de Weerd: Okay. This is a motion -- Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Meridian City Council December 7, 2010 Page 42 of 50 Zaremba: I would be unwilling to modify the motion to truncate it and say I move that we deny the fee waiver request, with no additional comment. de Weerd: Okay. Does second agree with that? I guess we still have an active motion on the table. Hoaglun: No, Madam Mayor, I do not. de Weerd: Okay. Well, Iwill -- Rountree: So, did you withdraw your motion? Zaremba: I would be pleased to withdraw my motion and bow to someone who wants to make an alternate one. de Weerd: Okay. I guess, Council, we -- every time we have a fee request for a waiver in front of us, you will have this very same situation and I guess if this is considered to -- that staff time in these reconsiderations or should -- in these cases should not be covered, then, I guess we have a policy issue here and I guess that's really what it comes down to. If you look at waiving this, it's -- you might as well look at waiving all of them that come in front of you. So -- because I did not hear and you cannot hear a lot of the details. So, it is a chicken and the egg thing, but I guess this does have some precedence -- ramifications on it as well. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Just because we have talked about everything, but approving the request, I'm going to throw this out on the table. An option might be to approve the request and waive the fee if they are successful in getting the development agreement modification change that they are ultimately wanting and that they would pay the fee if that's denied. de Weerd: I guess that's kind of just another way of looking at Councilman Zaremba's motion. Rountree: Well, at least that gives them -- if I'm successful I don't pay, if I'm unsuccessful I pay. In his it's just, you know, whatever we decide. Other than that, my motion would be the same as Mr. Zaremba's last motion to deny. de Weerd: Okay. Hoaglun: Was that a motion or was that a -- you were talking about -- Rountree: That was just for discussion. Meridian City Council December 7, 2010 Page 43 of 50 Hoaglun: Okay. And what I'm thinking is -- and here is where I'm coming from, why I'm looking at those types of options. It's because if a situation has changed that we would not as a Council originally put that condition on, then, they wouldn't be here asking for this waiver and that's -- and that's why I'm kind of -- we can't get into the situation and we won't know until that point in time we have it before us and it could be we look at it and go, well, we never would have done that if that was the situation that existed at that time they brought this forward and -- but at the same time there is a part of me that goes -- but how many others out there are like that as well and that's -- that's a concern have. But that's what I want to -- and that's why I'm looking at, you know, Councilman Zaremba's motion that he made earlier or Councilman Rountree, is the fact that do we have an option where they come in and they show it to us and we discuss it and go, well, of course, we wouldn't have done that and they wouldn't have been here if this had been done that way to begin with. But we don't know that right now. And that's why I want to preserve that option saying, okay, they move forward and we either refund or they don't pay if they win, just because I want to hear the situation that they are in. But won't know that until that future and at the same time I much prefer them to pay afterwards, because I'd hate to take their money now up front, create more cash flow difficulty, and if they convince us that we are in a situation here that we just can't deal with, then, they don't have that cash outlay that sounds like they could use for the time being, but that's -- that's just my view of it. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I like to -- I wish there was a simple way that we could -- and personally -- me personally I'd like to waive their fees, but, you know, we went down Eagle Road and we have required that sidewalk at every place and so I think after -- what I'm afraid of -- and I think Bill and David hit it, I mean we are setting a precedence that -- and I'd like -- I'd like to have a couple of real good reasons that I could waive it, that would not set a precedence, but my little pea brain can't find one or two. Maybe you guys can. If you can find a precedence, I'm for waiving it, but I don't want to start something that is going to snowball on us, because I'm telling you there is -- there is a lot of -- a lot of buildings, developers and stuff out there that are hurting bad. We got to take into consideration on this deal. But if anybody can come up with a couple of good, solid reasons -- man, I'm for it, because what Ican't -- I can't really truthfully think of one. And eliminating the sidewalk I don't think is an option to me. de Weerd: Well -- and that can't be discussed anyway. Bird_ I know it. Canning: Madam Mayor, may I make one comment? de Weerd: Yes. Meridian City Council December 7, 2010 Page 44 of 50 Canning: Based on Councilman Hoaglun's comments. What I heard you say, Councilman, was that they would not pay if they prevail in the -- what they are requesting for the development agreement modification. So, the flip side of that would be they do pay if they lose. There is no mechanism for -- de Weerd: Collecting. Canning: Yeah. Collecting. Not that -- I'm not trying to disparage on the applicant, but that would be an unusual precedent to set in and of itself. Hoaglun: That's a good point to consider. Thank you, Anna. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I'm going to reintroduce my original motion, which is I move that we deny the fee waiver request- and suggest that we would reconsider a refund when we actually discussion the real subject. Hoaglun: I would second that. de Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Legal Department: Williams Pipeline Contract Discussion de Weerd: Okay. Item 8-D is our legal department. I will ask for comment from Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is, hopefully, a little simpler than the last discussion. The fire department and Public Works are also here. Basically, you have on your packet an agreement with the Williams pipeline and the information that we are requesting from Williams pipeline that is the basis of this agreement -- and this is, essentially, a confidentiality agreement that they are asking from the city -- is to provide GIS information to be used in our GIS system. This has some significance to the city in mapping and Ms. Jack is here from the Public Works Department, if you have specific questions about what the information is and Deputy Chief Silva is here as well from the fire department to explain what the value of this information is. The reason we asked to put this on -- and I'm going to raise this, along Meridian City Council December 7, 2010 Page 45 of 50 with a larger issue that relates to the same question -- in this agreement Northwest Pipeline has requested -- or required -- and we actually had this requested to be taken out and they returned it, so it is -- it is of significance to them -- that the agreement be governed by Utah law if there is a dispute between the city and Williams pipeline. The larger question is that we have a current agreement with another company that would like the disputes resolved in the state of New York if there is a dispute. Now, my opinion in this particular case of Williams pipeline, although that may seem cumbersome and troubling, there are occasions where we as a city may want to agree to these types of things and I will give you the easiest example. If the city is going to enter into a contract with Microsoft they are going to require that they resolve their disputes in the state of Washington and we say, no, we are going to require it in the state of Idaho, they are going to say go buy your .computers somewhere else, we don't care. So, there are circumstances where it is business practical to accept those terms and conditions and the evaluation that you as the City Council need to know is staffs recommendation on whether or not we feel it's a huge risk to the city to agree to something like that. In my opinion this agreement -- the information that we are seeking is of value to the city, will be of value to our department, and the risk to us to be in the dispute that we would have to resolve it using laws from the state of Utah is pretty small. Obviously I can never say never, you know how lawyers are, but generally the likelihood of us having a problem of significance that would require that is pretty small. So, the impact to the city -- the value of the information is greater than the potential impact to the city. So, we have no objection and would recommend you approve this agreement, but we didn't feel we have ever had this discussion with the Council to feel comfortable to simply waive that requirement or approve that requirement without your -- without your condoning it. And like I said, the larger question is how would you like these in the future. Would you like us to bring them to you individually? Would you like -- would you like to -- us to raise that to you when we feel it is a significant concern -- whatever your direction is is fine. How you want us to make that analysis at the staff level to bring it to you is whatever we will do, but this particular one that's in front of you is with Northwest Pipeline -- again, Ms. Jack could explain what the information is and how we are going to use it. She can tell you why it's of value to the city if you have any specific questions about it. de Weerd: Thank you. Would you like to comment? Jack: Madam Mayor and Council -- hi. de Weerd: Hi. Jack: So, this -- this information has been requested from the fire department in particular because of the fire hazard that is associated with -- with the natural gas pipeline and this is one of the first confidentiality agreements that we have really worked on associated with GIS data. We in house have sensitive GIS data that we currently protect and limit access and this data would fall in that same category, that we would -- we would protect it and we would not allow people to have access to it that don't need it -- that don't need access, other than the fire department, of course, who would need Meridian City Council December 7, 2010 Page 46 of 50 access. Other personnel would not have access and it would not be allowed to be shared with anyone. So, I feel comfortable with what we have in place, keeping our -- oursensitive data protected. de Weerd: Okay. Joe. Silva: Madam Mayor, Members of the Council, the fire department would find this information very useful and the pipeline corridor, obviously, goes at about a 45 degree angle across our jurisdiction and sometimes, though it has physical signs above ground that indicate kind of where that corridor exists, it's important as a planning tool to evaluate life hazards as the development's proposed along that pipeline corridor, so we have a -- in essence a consultation zone where we would take a look at the map and so we didn't inadvertently have high life hazard occupancies too close -- located too close to the pipeline corridor that might pose an unusual risk to the lives of the people in and around that pipeline and that's why it would be important for us in terms of just evaluating that level of hazard or risk. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would add that there are also some above-ground facilities. I know we have discussed with one project -- I think it was Meridian and Eagle Road, that there is an above ground presence there -- I don't know whether it's pressure regulation or pumps or something like that. That is useful information to our fire department and the GIS decision. I can understand why the Williams pipeline people would not want that to become public knowledge and I think the issue is if there were ever a dispute between them and us, if that knowledge got out -- and I think for safety reasons we should safeguard it -- I can understand why we need it, I can understand why we should not make it just a GIS layer that anybody can access and safeguard it. That being said, don't believe we are ever going to breach that agreement and I would be comfortable with it being adjudicated in Utah if it needs to be. The other bigger question -- my personal preference is I think I might prefer that when these instances come up that it is brought to the Council, as it was in this case, with a recommendation of which way to go on it. I think we probably should know. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, to that particular question I agree that there ought to be notification if there is one of these that might be somewhat difficult for us to deal with. And I, too, agree that this is critical information that we just have to have access to for emergency response, for emergency situations, and for development. With respect to the eighth point in this -- about the confidentiality agreement shall be governed by -- you know, we all work with a general understanding of the laws of the state and ordinances and our Meridian City Council December 7, 2010 Page 47 of 50 rules. Is there some way to identify this particular data layer with maybe a spreadsheet or a listing of those things that -- in Utah statute that might be peculiar to Utah and something that we wouldn't be thinking about since we are used to dealing with Idaho's laws. If not, fine. But if there are I think it would be good to include that with the data layer, so when staffs looking at it they don't think, well, I'm in Idaho and it's confidential with this respect, but this is actually governed by Utah. Nary: Madam Mayor, Members of the Council, Council Member Rountree, one thing to make clear -- and there is a difference between how these conflict of law provisions work and this particular one says that the parties are agreeing to be governed by the laws of the state of Utah. Idaho courts can address that and use the law of the state of Utah to make that. So, there is -- there is not as likely a potential of us having to go to Salt Lake to resolve that. We have a different one with our benefits consultant that requires that we submit to the laws of the state of New York and the jurisdiction of the courts of the state of New York. So, that may mean you would have to go to New York to actually settle that. Again, most of the times we are not going to deal with that. We will work with Ms. Jack and the fire department to make sure if there is things that would be helpful to identify. Normally, if we -- if we want to consider it confidential for Idaho public records purposes, we won't give it out to anybody anyway, no matter what it is. So, we would probably be as protective as Utah, but we will verify that to make sure if there is something different that we need to label or identify it, we can certainly work with Public Works and the fire to make sure that's clear, so -- Silva: Madam Mayor, Members of the Council, just afollow-up comment with respect to Councilman Rountree's comment about that emergency response. That was one thing in the San Bruno incident that occurred just a few months ago that not sharing that information was critical to trying to mitigate that incident and I feel we have an opportunity to be pro active in terms of having that data layer available to us in terms of mitigating an incident should the need arise. de Weerd: I think that very same situation -- there was a lot of things that weren't paid attention to in that particular scenario, so --from the sounds of it. Hoaglun: Madam Mayor, I just wanted to weigh in on Mr. Nary's question about bringing in future waivers and what laws we are going to go by and I think it should come to the Council, unless it's absolutely just really routine, but to get your recommendation and -- but I think, you know, it's up to the Council to -- to get you off the hook when we point at you later if something goes wrong and say why did you do -- recommend this, but I think it's our decision and that way if something goes wrong it's -- the blame is ours, because maybe we didn't ask the right questions, that sort of thing, so that's where I think it rests. Nary: Great. Bird: Madam Mayor? Meridian City Council December 7, 2010 Page 48 of 50 de Weerd: Mr. Bird. Bird: What do you want, a motion to -- to go ahead with this? They haven't signed it, have they? Nary: No, I don't believe they have. I don't think that -- I don't think they have signed it here. Bird: You will bring it back when you get their signature and everything for the Mayor to sign? Nary: Well, Madam Mayor, Members of the Council, Council Member Bird, I'm looking at this particular agreement -- there is some that we -- that basically they want us to sign first and I think this may be one of them. I don't know -- I haven't talked to them directly. I don't know of either of you have. When we want it we usually have to sign it first. When we want them to provide it, we usually make them sign it first. So, here we want it, I think we are going to have to sign it before they will -- Bird: It's okay the way it's worded for you? Nary: Yes. Other than that, that was the only issue we have. Bird: Okay. Madam Mayor? de Weerd: Mr. Bird. Bird: I unless there is anymore discussion, I move that we approve the Williams pipeline contractor and for the Mayor to sign and the Clerk to attest. Rountree: Second. de Weerd: Okay. I have a motion and a second. Any 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. Item 9: Ordinances A. Ordinance No. 10-1467: An Ordinance of the City of Meridian for Annexation of a Parcel of Land Being a Portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho: Located at 1085 S. Ten Mile Road: Request for Meridian City Council December 7, 2010 Page 49 of 50 Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District de Weerd: Item 9-A is ordinance 10-1467. Madam Clerk, will you, please, read this ordinance by title only. Jones: Thank you, Madam Mayor. An Ordinance AZ 09-008, Meridian Crossing for annexation of a parcel of land being a portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-C, Community Business District, H-E, High Density Employment District, M-E, Mixed Employment District, R-40, High Density Residential District, in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. de Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Council, seeing no one jump up -- Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve Ordinance 10-1467 with suspension of rules. Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-A. 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: Could I have a motion to adjourn? Bird: So moved. Rountree: So moved. Meridian City Council December 7, 2010 Page 50 of 50 Hoaglun: Second. de Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:20 P.M. (AUDIO RECORDING ON FILE OF THESE ,, MAYOR ,~y'~E~ ~ ~ 9 ''~ ~'` ~,oRPO~ar ti ''-~ Fo PROCEEDINGS) is /ai / ~c~ DATE APPROVED SEAL AT ESQ 9 ~~ 9 ~ ~ \; Ocf,_ T~s'~~ \\\, JAYCE . HOL AN, CITY CLERK -~-Changes to Agenda: None ~-~- Items #7C, D, E: Somerton SubdivisionlFast Eddy's (RZ-10.006; PP-10.006; CUP•10-011) Application(s): - Rezone of 16.12 acres of land from C-N (Neighborhood Business) to C-C (Community Business) - Preliminary Plat consisting of 5 building lots on 13.19 acres of land for Somerton Subdivision - Conditional Use Permit for the development of a convenience store, fuel sales facility, vehicle washing facility, quick tube, & drive through in a proposed C-C zoning district for Fast Eddy's. Size of property, existing zoning, and location: This site consists of 13.19 acres, is currently zoned C-N, and is located on the southeast corner of Overland & Locust Grove. Summary of Request: The Fast Eddy's site is proposed to consist of a 5,800 square foot (s.f.) convenience store, 10,720 s.f. vehicle washing facility, 2,740 s.f. quick tube, fuel sales facility with 16 pumping stations, and drive through. Fast Eddy's is proposed on the two northern lots on 3.83 acres. All of the proposed uses are principally permitted in the proposed C-C zoning district except for the drive through which requires CUP approval. The DA currently in effect requires CUP approval of all future uses and development on the site. Therefore, the CUP is for approval of the entire Fasf Eddy's development, not only the drive-through. Access to the site is proposed via (1) full access to Locust Grove in alignment with Peacock Street on the west side of Locust Grove approx. 545 feet south of the Locust Grove/Overland intersection; (1) right-in/right-out access via Overland approx. 250' east of the intersection with a right turn lane & (1) full access via Overland approximately 470' east of the intersection; & (1) full access via Puffin. The UDC requires access to be taken from a local street where available but allows Council to waive this requirement if they deem appropriate. Based on this requirement, staff has included a DA provision that access to the site be provided via Puffin. The applicant requests a waiver from Council for the proposed accesses to the site via Overland & Locust Grove. The ACHD staff report indicates approval of the access points proposed by the applicant Please Note• A final plat application has been submitted for this property that is scheduled on toni_ght's agenda to be heard after these applications. Commission Recommendation: Approval at their November 4~h public hearing Summary of Commission Public Hearing: i. In favor: Becky McKay; Steve Eddy; Greg Johnson; & Taylor Merrill ii. In opposition: None iii. Commenting: Michael Wells iv. Written testimony: Becky McKay (response to staff report) Key Issue(s) of Discussion by Commission: i. Width of the drive aisle between gas pumps; ii. Traffic congestion in the general area & future improvements to Locust Grove; and iii. Access to the site via Locust Grove & Overland Roads as proposed. Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: i. Bruce & Edith Waite and Eugene & Gerry Viertel (in opposition due to increase in traffic; decrease in home values; & 3 other fuel facilities located w-fhin a mile or less of the subjecf property) Outstanding Issue(s) for City Council: i. The applicant requests a waiver to UDC 11-3A-3 which requires access to be taken from a local street (E. Puffin St.}where available, to allow the access points proposed on the plat to Overland and Locust Grove Roads. If Council approves the waiver, DA provision #1.1.2b needs to be modified accordingly. Notes: Item #7F: Somerton Business Park Subdivision No.1 (FP-10-009) Application(s): - Final plat consisting of 2 building lots on 3.9 acres Size of property, existing zoning, and location: The proposed subdivision consists of 3.9 acres, is zoned C-C, and located on the southeast corner of Overland & Locust Grove. Summary of Request: The applicant requests final plat approval of the first phase of development for Somerton Subdivision consisting of 2 building lots on 3.9 acres of land. Written Testimony: None Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: Item #7 G, H, I & J: Volterra Subdivisions (North and South) (RZ-10-005; PP-10-004; PP-10.005; MDA-10-009) Application(s): - Rezone, two (2) Preliminary Plats and Development Agreement Modification Size of property, existing zoning, and location: Volterra North: This site consists of 120.6 acres, is currently zoned R-4 and is located on the northside of W. McMillan Road between N. Black Cat Road and N. Ten Mile Road. Volterra South: This site consists of 80.4 acres, is currently zoned R-4, C-G and L-0, and is located on the southwest corner of W. McMillan Road and N. Ten Mile Road. History: In 2005, the subject property received annexation, preliminarily plat, and conditional use permit approvals for a mixed use planned development for commercial, office and single family residential. These approvals have now expired except for the recorded development agreement which is requested to be modified to reflect the new plat boundaries. In 2008, a portion of the original Volterra North plat (111 acres) was rezoned and removed from the original boundary through a DA modification. This portion has an approved concept plan that depicts a large business park development. Summary of Request: Volterra North: Preliminary plat approval of 301 residential lots, 1 school lot and 38 common lots for a total of 340 lots on 120.6 acres of land. The previous plat consisted of 540 buildable lots and 51 common lots. The decrease in 239 lots has occurred because the property to the east was removed from the previous plat and was approved for a large mixed-use development in 2008. Street Connectivity: A collector network is proposed that connects to Black Cat Road at the western boundary and McMillan Road at the southern boundary. Seven (7) stub streets are proposed to adjacent properties for future connectivity (2 no-th, 3 east, 1 south and 1 west). Micropaths: Additional micropaths where incorporated for the plat design to comply with the longer block lengths. Open Space: 21.50 acres of open space; (6) amenities -club house, 5% additional open space, swimming pool, public pathway, tot lot and water feature/art. Volterra South: Rezone of 58.33 acres from the R-4 (Low-density Residential District) zone to the R-8 (Medium-density Residential District) zone and preliminary plat approval of 194 residential lots, 38 common lots, 7 commercial lots and 3 office lots for a total of 242 lots on 80.4 acres of land. The rezone is predicated on the expiration of the PD which allowed a reduction in street frontages and lot sizes. The previous plat consisted of 188 residential lots, 21common lots, 13 commercial lots and 4 office lots. This is an increase of 6 residential lots and a decrease of 6 commercial lots and 1 office lot from the previous plat approved in 2005. Street Connectivity: A smaller scaled collector network provides one connection to McMillan Road for the residential portion of the plat that aligns with San Vito Way in the Volterra North plat. A second collector street provides connection to McMillan Road and Ten Mile Road. Two (2) stub streets and one pedestrian connection are provided to adjacent properties for future connectivity (1 south and 1 west). Pedestrian connection is provided to the Drawbridge Subdivision. Two (2) access points to the adjacent arterial streets. One provides access to McMillan Road and other to Ten Mile Road. Both access points align with access points across the arterials. Seeking Council waiver for the two proposed access points. Micropaths: Additional micropaths where incorporated for the plat design to comply with the longer block lengths. The pedestrian connections for between Blocks 30 and 31 has been enlarged and consolidated to 1) provide an open space corridor to the 2.9 acre park and 2) meet the requirements as requested by the Fire Department regarding the street separation between proposed blocks. Open Space: 8.83 acres of open space; (3) amenities - 5% additional open space, public pathway and tot lot. DA Modification: The proposed DA modification is necessary to ensure that future development is consistent with the new plats and that the timing for development improvements and elevations are represented in the recorded development agreement (DA).The DA modification addresses the following items: 1) the timing and amenities planned for the two parks, 2) the requirements for the future designs of the residential and commercial buildings, 3) the removal of unnecessary language and 4) removal of old exhibits and the attachment of new exhibits to represent the correct property boundaries proposed with the new plats. Commission Recommendation: Approval at their November 4th Public Hearing Summary of Commission Public Hearing: i. In favor: None ii. In opposition: None iii. Commenting: Chuck Christensen, Paul Poorman, Michael Wasnea iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. C-G zoned property adjacent to the residential planned in the Volterra South Subdivision ii. Increased traffic on Ten Mile Road. Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. Applicant is requesting two (2) Council waivers: 1) exemption from tiling the White Drain and the Lemp Canal and 2) the right-in/right-out access points to McMillan Road and Ten Mile Road. Notes: Meridian City Council Meeting 11oTF• December 7, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 16, 2010 City Council Regular Meeting MEETING NOTES ~~rn~ ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 7, 20~o ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 23, 2010 Pre-Council Meeting MEETING NOTES A~prcrr e c~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meefing 11oTF~ December 7, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of November 23, 2010 City Council Regular Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 5D PROJECT NUMBER: IT~IIA TITI F• Approve Minutes of November 30, 2010 Pre-Council Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of New Liquor License for The Limelight LLC, dba Limelight located at 3575 E. Copper Point Dr. MEETING NOTES A~-~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT " -~ I~acheti e ~ . Ske c~ ll ~- I a - ~ ~o~- ~ Ccil( a ~ Meridian City Council Meeting noTE~ December 7, 2010 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Approval of Street Light Maintenance Agreement with Traditions by AMYX II for Zebulon Heights #3 Subdivision MEETING NOTES ~~~~ 2C~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To cS~1.E'~C'e 2 -Iz7 ~`~ co n ~~i~E IDIAN~-- IDAHO Public Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: November 29, 2010 Mayor Tammy de Weerd City Ce~ndl Memberf~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF STREET LIGHT MAINTENANCE AGREEMENT WITH TRADITIONS BY AMYX II FOR ZEBULON HEIGHTS #3 SUBDIVISION RECOMMENDED ACTION A. Move to: 1. Approve the street light agreement with Traditions by Amyx II for the Zebulon Heights #3 Subdivision; and 2. Authorize the Mayor to sign the 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. Back rg ound The Zebulon Heights development is located off of McMillan Road, between Locust Grove and Eagle Roads. The third phase of the development will install the required street lighting using non-standard, decorative street lights. Since Idaho Power will not provide basic maintenance of decorative lights, the City requires a standard maintenance agreement with the homeowners association. This agreement provides for maintenance of the street lights by the Homeowners Association with electrical costs to be paid by the City. 1 of 2 IV . IMPACT A. Strate i~c Impact: This agreement with the Homeowners Association 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. C. FiscalImpact: The annual electrical cost to the City for the decorative street lights in phase 3 of the Zebulon Heights subdivision is approximately $277. The FY11 budget for street lighting electricity is $ 271,844 and takes into account the projected increase in the number of street lights from new development. 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 the City being responsible for maintenance costs in the future. 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 Approved for Council Agenda: ~ ~ ° ~ Warren Ste art, Engineering anager Da e 2 of 2 ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNt .00 IOISE IDAH01?l09110 08:58 AM III I'II'll'II~IIIII'I~I'II'I~I'~I I'I OEPUT1f U:a daft I RECORDED-REQUEST OF i 19115735 Merlcian Cly CITY OF MERIDIAN STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and TRADITIONS BY A-MYX II, pertaining to the street lights in ZEBULON HEIGHTS #3, a residential type development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The developer for ZEBULON HEIGHTS #3 has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to the type development known as 7EBULON HEIGHTS #3 in Meridian, Idaho. The parties acknowledge that the 6 street light poles and appurtenances were specially ordered items, not customarily used in type developments in Meridian, Idaho. 2. _TRADITIONS BY AMYX II 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 TR_A~ITIONS BY AMYX II, 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 burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6 street lights located in ZEBULON HEIGHTS #3 in the usual and customary manner. 4. It is agreed that the City of Meridian, 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 TRADITIONS BY AMYX II will assign its rights and obligations hereunder to the Zebulon Heights Homeowners Association when said Owners Association is formed and operational. STREET LIGHT .AGREEMENT Page 1 of 3 This AGREEMENT shall be binding on TRADITIONS BY A-MYX II, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ day of ~ Q,v.~e,,~ , 201Q.,_. CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ammy de Weerd, Mayor ``~~,<<iuniur-r-~~ ATTEST: ~.~`~~ y ~ ~~/Oj ~~'~,. .~`~~ CTS oRPO~r qy ~~'-. ,~ ~o '; = SEAL Jaycee H ,Meridian City Clerk 9 ~,~ ,$~ \` Approved by City Council on: ~~~~'1~P~ O ~~ '~r~Nnn~ nnN~~~~ TRADITIONS BY AMYX II By ~y- sident ATTEST: .~.'""" Secretary STREET LIGHT AGREEMENT Page 2 of 3 STATE OF IDAHO, ) . ss. County of Ada, ) On this ~ day of t7~ r P cv~'bt~ - , 20 ~ O ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, 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. ~.... . .••g1CA Jp'•. • 5.0 i ' ~ ~ ~ ~ ~ ~ SEAL i ~`. % • :•~q •~°UBLIG %,o: ••.^.~•• STATE OF ~~i~,~,p ,) County of ~ Tj ~, ,) . ss. NO Y PUB DAHO RESIDING AT t MY COMMISSION EXPIRES Cc,rt On this ~ day of ~ 20~ befor e, the unders' ed, a Notary Public in and for 'd State, personally appeared ~ known to me be the President d Secretary of TRADITIONS BY II, 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. ~~','~ fit', 7 J I' ••~1 • \ `'+ • ~~ t_ `, ~i i ~ ~> i • ,..... . SEQ., Y 1 i v .~ ..~ ~. STREET LIGHT AGREEMENT Page 3 of 3 G Meridian City Council Meeting I~OTE~ December 7, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of Bid to Vermeer Rocky Mountain Inc. for Portable Vacuum Excavator Purchase for aNot-to-Exceed Amount of $51,500.00 and Approval of the Purchasing Manager to Sign the Purchasing Order MEETING NOTES ~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd E IDIAN~ City Council Members: Keith Bird IDAHO Brad Hoaglun Public Charles Rountree David Zaremba Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Richard Dees DATE: November 22, 2010 SUBJECT: PORTABLE VACUUM EXCAVATOR PURCHASE (Next available Consent Agenda) I. RECOMMENDED ACTION A. Move to: 1. Award purchase of vacuum excavator from Vermeer Rocky Mountain Inc. for an amount not to exceed $51,500. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Richard Dees, Utility Operations Manager 409-2104 Chip Hudson, Water Assistant Superintendent 888-5242 Michael Fletcher, Water Operator 888-5242 III. DESCRIPTION A. Background During the FY 2011 budget, we justified the need for a vacuum excavator. The budget approval for FY 2011 provided funds for purchase of an excavator in the amount of $60,000. Our Water Division staff is frequently called to make a repair for customers when our distribution equipment has failed and / or there is a leak in an underground vault. These vaults contain such things as valves, water meters, and Page 1 of 3 ~~ ~~..~ ~. Approved for Council Agend Tom Barry, Director of u is s Date Page 3 of 3 y F J V3 w oc ~~ ,. ~t{ Q a -~-~ o Q~ H W a 3 Ill Y 7+ m G a+ N i"'+ Q Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: ~H PROJECT NUMBER: ITEM TITLE: Water Line Easements for ICON Credit Union #APP2010 - 171 - 3195 N. Linder Road MEETING NOTES ~~vOv eC~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ off' $ `-`- .- .__-- T© ~ ~ ~'eco--r~ Sherd C~,1 ~°~" ~ ~oZ' i3 _____ To shere,e- -- CD ~ ~C.or~cv~o~ SA-ti'larkl-~c~' ~ ~~ ~/rE IDIAN~-- IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 12/1/10 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Water Line Easements for ICON Credit Union #APP2010-171- 3195 N. Linder Road I. RECOMMENDED ACTION A. Move to: 1. Approve two water line easements for the City of Meridian. This is to provide an easement for new water meters serving the above referenced project. There are two separate easements. One is for the on-site portion and the other is for the off-site portion. 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 Su ervisor A roval~ P PP Scott Steckline 489-0372 489-0362 489-0369 489-0371 Page 1 of 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BORE IDAH012109110 08:59 AM DEplfif ilea aett III I~II'IIIII'I'III'I'I'~I~I'III II ~ RECORDED-REQUE8T OF 110115?36 Merlcfen Ciry WATER MAIN EASEMENT t~ THIS INDENTURE, made this l ~v -- day of ~ u~. , 20 to between ICON Credit Union, 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 main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good ,,,.~.,~ and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B} The easement hereby granted is for the purpose of construction and operation ofa water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea 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. Water Main Easement EASMT WTR -ICON /""1 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. GRANTOR: C7nLLh,~yL,p a Samartino, Sr. Vice President 7615 W. Riverside Drive Boise Idaho 83714 Address retary STATE OF IDAHO ) ss County of Ada ) ~i On this ~~ day of ~~ ~ 20~ before me, the undersigned, a Notary Public in and for sai State, personally arrcued KQtrPI't.~. `-~ D and 2 WG~~er 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 hand and affixed my official seal the day and year fist above written. ,~~~un,.,,, ^••••~Y FR~~''•,,~ ..... Fier •. :~ ~pT A R Y ~~~ !~~ • '.~ PUB~~G; ~ E OF NO ARY UB R I A Residing at l ~'I 2 Commission Expires: Water Main Easement EASMT WTR -ICON ~r GRANTEE: CITY OF MERIDIAN Tammy de Weer~d; Mayor ` ,.~~~~y oR~~~ ~/q~%,~, --// ,~' Fo Attest by J cee L. Holman, City Clerk ' $EAL ~ 0 Approved By City Council i~t~~ r"t STATE OF IDAHO ) ss County of Ada ) On this ~~ day of C~rPm~si , 20 ~ ~ . 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. ~...... . ~1Gp'- J~IV•'• oj5'p'SAl~,~~~'~: N TARY BL OR IDAHO • SEAL ~ ~ ) ~~ ; Residing at• l ' Commission Expires: • ~, 4 ;o. • ~. ~•.`91'E OF ~ •• • •..... Water Main Easement EASMT WTR -ICON Legal Description City of Meridian Water Easement - Easement No. 1 Exhibit A An easement being located in the NW'/, of the NE'/, of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said Section 24, from which a brass pp monument marking the northwest corner of the NE '/, of Section 24 bears N 89°47'20" W a distance of 2618.71 feet; Thence N 89°47'20" W along the northerly boundary of said Section 24 a distance of 1309.35 feet to a point marking the northeast corner of said NW '/, of the NE '/,; Thence leaving said northerly boundary S 0°43'57" W along the easterly boundary of said NW %. of the NE'/, a distance of 246.77 feet to a point; Thence N 89°47'50" W a distance of 20.00 feet to the POINT OF BEGINNING; Thence continuing N 89°47'50" W a distance of 10.00 feet to a point; Thence N 41°43'38" W a distance of 45.93 feet to a point; Thence N 48°16'22" E a distance of 10.00 feet to a point; Thence S 41°43'38" E a distance of 49.82 feet to a point; Thence S 0°43'57" W a distance of 3.79 feet to the POINT OF BEGINNING. This parcel contains 498 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS \O~pl. LA NHS Land Solutions, PC November 16, 2010 ~~~ f 'F ~ a 11118 ~ N~ Il~l~~lu ~° ~~ 9rF O F ~pP ~~ tiT~N W . NPR ~~1yr3®~~1~1(1r13 ICON Water Ease l`~ ~"° wrveymp a~° con:wu°o Job No. 10-39 ''` CITY OF MERIDIAN WATER EASEMENT EASEMENT NO. 1 -EXHIBIT B 13 1~4 ._ N 89'47'Z~ _ W. OVERLAND ROAD 2818.71' 13 18 24 1309.37 - 1309'35' 24 19 $: ~ ~; ~ S 89 4TS0' E 219.18' I y4y Z g WATER EASEMENT POINT OF BEGINNING UNE TABLE UNE LENGTH BEARING 89'47' ' 10 N 48'I '2 7 ' 7• ~. 0 25 SO 100 11118 ~`^~- 1t J-c,f1o ~~i~ 9,rf 0 F ~C \!' N W . N Lan olu~ions Land Surveying and ~onsutting 231 E. 5TH ST., STE. A MERIDIAN, ID 83641 (208( 288.2040 (2081288.2557 fdx W N'w.l3ndsolutip~s.biz ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 e01=E IbAH01>V09/10 08;68 AM DEatm u:a Batt RECORDED-REaUESr DP III IIIIIIIIIIIIIIIIIIIIIIIIIiII III Merielan City i i 0 i i 5737 WATER MAIN EASEMENT THIS INDENTURE, made this~~day of,~~+v~i'lu.l O .between Idaho Banking Company, an Idaho chartered banking corporation, the parties of the first part, and hereinafter called the Grantors, and the City of MerTidian, 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 particulazly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good ~ and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation ofa water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance: However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea 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 oftheright-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR -IBC 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. GRANTOR: Nick L/$arber, ice President Address STATE OF IDAHO ) ss County of Ada ) Assets Officer On this ~_ day of ~,J~J~ 1~n b.G:+~ , 201Q, before me, the undersigned, a Notary Public in and for said State, personally appeared Nick L. Barber, known or identified to me to be the Vice President and Special Assets Oflicer, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~ ~r~ .. ., ~~? iw J ~. a., s i; ~ ~ ` 1 a ' t+ T ~ i ~ a ,,.t, ~. t, j fi:. :+ , '~ ~, `~:,. GRANTEE: CITY OF MERIDIAN Water Main Easement NOT RY BLIC FOR IDAHO Residing at ~ L 1 ~' Commission Expires: EASMT WTR -IBC ~..a-r Tammy eerd, Mayor ``\\~~~~y OF MER/~~9%,,~~' ~L ' Attest byCi~ycee L. Holman, City Clerk Approved By City Council ~rF '~ o SEAL ry~ 1 ~ •~ ~J \ %~, COUNTY ~ ~~~~`. //rrrrrrir~ n~~~~~~~~ STATE OF IDAHO County of Ada ss On this ~_ day of~~e.rnh~e~r , 20 l U ,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. ~ .• ;r;;;1 CA,~I •• • ~ 0,~,!. ;(SAL) ;~: . ~ . .t~~~ • ••, of roA... W ater Main Easement NO~RY PUBL`fiC ~ Residing at: l~(e.ylL Commission Expires: EASMT WTR -IBC Legal Description City of Meridian Water Easement -Easement No. 2 Exhibit A An easement being located in the NW '/+ of the NE '/+ of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said Section 24, from which a brass cap monument marking the northwest corner of the NE %+ of Section 24 bears N 89°47'20" W a distance of 2618.71 feet; Thence N 89°47'20" W along the northerly boundary of said Section 24 a distance of 1309.35 feet to a point marking the northeast corner of said NW %+ of the NE'/+; Thence leaving said. northerly boundary S 0°43'57" W along the easterly. boundary of ,said NW . '/, of the NE'/+ a distance of 317:26 feet to the POINT OF BEGINNING; Thence continuing S 0°43'57" W along said easterly boundary a distance of 15.00 feet to a point; Thence leaving said easterly boundary N 89°16'03" W a distance of 10.00 feet to a point; Thence N 0°43'57" E a distance of 5.00 feet to a point; Thence N 89°16'03" W a distance of 20.0.0 feet to a point; Thence N 0°43'57" E a distance of 80.22 feet to a point; Thence S 89°47'50" E a distance of 10.00 feet to a point; Thence S 0°43'57" W a distance of 70.31 feet to. a point; Thence S 89°16'03" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 1053 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC November 16, 2010 ~~•' land Surveylnp and C°nzWt"g ~NPI LANs 5 \S7E G ~ ~` G a 11118 ~ t t't b ~'° Z Z t~i,L9rF 0 F SOP ~~ TCN W HP~ ICON Water Ease Job No. 10.39 CITY OF MERIDIAN WATER EASEMENT EASEMENT NO. 2 -EXHIBIT B 13 N 89'47'20" W 1 /4 - 1309.-- ~ -- 24 LINE .TABLE LINE LENGTH BEARING 15. •a 7" w to. N 7 '03' w 5.00' N '43'57' E 20.00' N 89'16'03" W 10.00' 7' E 0.00' 7 3' E 0 25 50 100 11118 `"~ Il~1b(~~ ~°~ ~~~tiT~ 01' ~ P~~~ ~N W • ~/ WATER EASEMENT POINT OF BEGINNING ~~~~~ Land Surveying and Consulting 231 E. 5TH 57., STE. A MERIDIAN. ID 83692 j2U8) 288.2U4U j208) 288-2557 fax www.landzolutions.bu W. OVERLAND ROAD 2e~s.7r 13 is 1309.35' 24 19 N ~; IG a z 0 D D Meridian City Council Meeting 11oTF• December 7, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE' Task Order with Keller Associates, Inc. (Master Agreement Category of Water Supply and Distribution Replacement Design Dated 5-7-2010) for the Design of a Water Line Replacement-West Carlton/N. West Washington Project for aNot-To-Exceed Amount of $54,965.00 MEETING NOTES CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 'off - ~' -~ -~ ~- t~~ ar~q I ~l~ ~ ~~~ "`~'~/ ~J ~a-13 ~a-13 - ~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake Engineering Technician II DATE: 11/10/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER WITH KELLER ASSOCIATES, INC. (MASTER AGREEMENT CATEGORY OF WATER SUPPLY AND DISTRIBUTION REPLACEMENT DESIGN DATED 5-7-2010) FOR THE DESIGN OF A WATER LINE REPLACEMENT-WEST CARLTON/N. WEST WASHINGTON PROJECT FOR A NOT TO EXCEED AMOUNT OF $54,965.00. (NEXT AVAILABLE CONSENT AGENDA) RECOMMENDED ACTION A. Move to: 1. Approve task order with Keller Replacement-West Carlton/N. amount of $54,965.00. Associates, Inc. for the design of a Water Line West Washington Project for a not to exceed 2. Authorize the Mayor to sign the task order. II. DEPARTMENT CONTACT PERSONS Brent A. Blake, Project Manager 489-0340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page 1 of 2 III. DESCRIPTION A. Back rg ound The Public Works Deparhnent has budgeted for the replacement of aging water and sewer lines throughout the City. A replacement priority schedule has been completed based on pipe material, size, condition and age. B. Proposed Project This project is one of the highest priority water line replacement projects because the current pipes are believed to consist of aged 4-inch cast iron. During the design phase of this project a subsurface investigation will be performed to confirm the material properties of the pipe and the depth of pipe cover. The depth of pipe cover will determine whether the pipe will be designed and replaced utilizing open trench or pipe bursting method. IMPACT IV A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Deliver~Impact: Through record drawings, the water lines within the project area were found to be cast iron pipe installed in the late 1960's. This pipe replacement was identified as a priority based on age, undesirable pipe material, and size which cause an increased risk of breaks and reduced fire flows. The existing pipe will be replaced with 8-inch PVC which will provide more reliable service, increased fire flows and improved water quality. The replacement of these pipes will significantly reduce the risk of costly breakages, ensure that dependable service is provided to current and future customers, and extend the life of City infrastructure. C. FiscalImpacts: FY 2011 Budget for Water Line Replacements (Water) $480,000.00 Design Task Order $54,965.00 V. LIST OF ATTACHMENTS A. Task Order ----_ Approved for Council Agenda: arren Stewart ~~ i fU ate Page 2 of 2 ^ ~E IDR IAN~- ~.J PURCHASING AGENT 33 E. Broadway Ave, Meridian,lD 83642 Phone: (208} 888-4433 x 417 Fax: (208) 887-4813 TASK ORDER N0. 10215 Between CITY OF MERIDIAN AND Keller Associates, Inc. This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated executed on May 7, 2010. WATER LINE REPLACEMENT - W. CARLTON AVENUE PROJECT SCOPE OF SERVICES SECTION 1 -PROJECT UNDERSTANDING The City intends to replace several sections of existing undersized water main with new 8" water main at the locations listed below: A. W. Carlton Ave., N. West 11~' St. to N. West 9a' Ave. -approximately 750 lineal feet. B. W. Washington Dr. and N West 9~` Ave., N. West 11~' St. to W. Carlton Ave. -approximately 1000 lineal feet. C. N. West 11~' St., W. State St, to W. Camellia Ln. -- approximately 780 lineal feet. The City's preferred method of replacement is pipe bursting. Pipeline replacement utilizing open trench methods may be more advantageous in one or more of the replacements, depending on the results of field survey, known utility locations, preliminary design, or consultation with other agencies. All work is anticipated to be in public rights-of-ways. The work wilt include reconnection of service lines. ~ .t Due to the age of the existing water mains, the size and depth of the existing water mains is not precisely ,,,~ known. Exploratory excavations will be required to confirm pipe size and depth. The project will include field topographic survey, preliminary and final design, preparation of technical special provisions, permitting and agency coordination. The following additional services will be provided at the discretion of the City: property owner coordination, bidding and construction phase assistance, construction staking, erosion and sediment control plan preparation, and record drawing preparation. SECTION 2 -CITY PROVIDED INFORMATION AND RESPONSIBlUTIES , 2. City Information and R~soonsibilities: The following data and/or services are to be provided by the City without cost to Keller Associates. 2.1 Provide ongoing review of the work and timely consideration of policy issues at a time acceptable to both the City and Keller Associates. 2.2 Provide access to relevant record drawings, master plans, and other relevant information of record. 2.3 Provide waterline sizing, valuing, connection locations, water system isolation plan for construction, and fire hydrant placements. 2.4 Provide identification of service lines to be replaced and the extent of those replacements (i.e. up to meter pit or include meter setter). 2.5 Assist in identifying buildings or properties requiring service connections. "1 2.6 Pay for all permits, fees, or other payments required tv secure permitting for construction of the proposed improvements. 2.7 Provide electronic copy of available GIS mapping, include parcel data. 2.8 Provide electronic copies of the mast current edition of the City of Meridian Standard ' Specifications and drawings for Construction. 2.9 Provide review and approval of all informational materials prepared by Keller Associates for distribution to affected property owners. 2.10 Provide and pay for legal notices for Advertisement of Bid(s). 2.11 Provide and prepare all front-end documents required by the City Purchasing Department. Keller Associates will provide the bid schedule to the City for inclusion in the front-end documents. 2.12 It is understood that Kei[er Associates will not provide construction contract management, administration, licensed professional engineer (PE) or a Resident Project Representative (RPR), but that such services will be provided by the City. SECTION 3 - SERVICES TO BE PERFORMED BY KELt,ER ASSOCIATES 3.1 - RROJECT ADMINISTRATION AND MEETINGS ..~ services to be Performed by Keller Associates: 2 ^~ KellerAssodates will furnish final design services specifically limited to the following: A. Project Meetings Kickoff Meeting.: Keller Associates will attend akick-off meeting with the City for the purposes of obtaining project information and'to receive any general direction that the City may have with respect to proceeding with the project. At this time, the-City wilt provide the Keller Associates with the information pertaining to any design related requirements. Project Review Meetings: Keller Associates will attend progress meetings with City as needed during the project to resolve issues and discuss project schedule as they develop over the duration of project design. It is anticipated that two (2) meetings will be required. Miscellaneous Project Coordination Meetings: Attend meetings as required to coordinate the project with utility companies and businesses. 3.2 -SURVEY AND FINAL DESIGN .Services to be Performed by Keller Associates: Keller Associateswill furnish final design services specifically limited to the following: A. Topographic Survey and Temporary Construction Benchmarks Keller Associates will research the Ada County Surveyor's records for survey monuments to ai d in establishing horizontal control and include research for land monuments, plats, records of survey, and ,r"~ easements of record in the project area. Keller Associates will utilize the Ada County G.LS. mapping to approximately place property lines and adjoining pubtic.rights-of-ways. Research will be performed to generally identify ACWD rights-of-ways. Vertical control will be based on 1988 NAYD datum elevation. Land monuments disturbed by construct ion will be shown on the Construction Plans. to the extent that-they are visible in the field or have adequate evidence of existing. Keller Associates will complete topographic surveys to the following limits: 1. W. Carlton Avenue corridor, from N. West 11u' St. to 50 feet east of the east-ROW line of N. West 9`" Ave.., full width of right-of-way. 2. W. Washington Dr. and N. West 9~' Ave., from N. West 11 ~' St. to W. Carlton Ave., full width of right-of-way. 3. N. West 11 ~" St, from 5U feet south of W. State St. to the northern edge of the right-of-way at W. Camellia Ln., full width of right-of-way. Keller Associates will schedule a pre locate meeting with Dig-Line notified utilities and attend a site meeting with affected utility companies for the purpose of requesting field locates and maps of subject utilities such as gas, power, telephone, stone drainage, cable T.V., street lighting, traffic signals, irrigation, and other utilities that respond to the request for utility locate. Utilities depicted on the Plans as a result of this task will not be verified and. must be field verified, located, and protected by the Contractor during construction. Topographic features wilt be shown on the Construction Plansto the extent they are identified in the field surveyor located by the utility companies such as fences utility poles, surfacing, culverts, storm drains, drainage structures, significant. vegetation, drat n flowlines and top of banks, sidewalks, curbs, gutters, driveways, utilities, and edge of pavement. n B. Design rte, ^ 1. Preliminary Design: Keller Associates will complete preliminary design of water main alignments, and submit •preliminary layout exhibits to the City for review. Preliminary design will include evaluation of water main replacement methods for each of the three locations with a recommendation for replacement method. One meeting with City staff to review replacement methods will be held. • 2. Final Design: Final design of the water main replacements and water service lines to the existing meter pits will be completed by Keller Associates with considerations made for sanitary separation per State Public Drinking Water Regulations, ACRD surface repair requirements, surface disturbance, water service impacts, constrvctability, traffic issues, utility conflicts, and other pertinent design issues. C. Topography and Design Drafting Keller Assodates will perform design drafting in AutoCAD 2010 (or newer) for the construction plans which will include the City's standard notes, vicinity maps, sheet indexes, north arrows, topography, pipe size, type, fitting, surface repair, crossing requirements, property lines, easements, found monuments and property corners, land ownerships from Ada County CIS, survey control, pay limits, and special details necessary for a biddable product. Drafting will be completed on 22"x34" sheets, ANSI standard size "B" sheets. To the extent practicable, the most current edition of the City of Meridian Standard Specifications and Drawings for Construction will be utilised in the design. Final design drawings to include plan views only, except where complexities warrant a detail showing a profile. Each of the three pipeline segments will be prepared as separate stand alone sets of drawings. ,.~ D. Special Provisions Specie[ provisions will be in accordance with the 2010 Edition (or most current edition at the time the special provisions are completed) of the Idaho Standard Public Works Construction (lSPWC) format and with reference to the most current edition of the City of Meridian Supplemental Specifications and Drawings. Keller Associates will be responsible for preparing Special Provisions necessary for the project. . Separate special provisions will be provided for each of the three pipeline segments. E. Plan Review and Revisions 1. Upon 509K completion of the plans and specificakior~, Keller Associates will submit review sets of plans to the City for review. 2. Upon 909K completion of the plans and specifications, Keller Associates will submit review sets of plans to the City for review. 3. Keller Associates will incorporate appropriate revisions made by the City and other permitting agencies into the final set of plans and specifications F. Opinion of Probable Construction Cost Keller Associates wilt develop and issue to City an opinion of probable construction cost for the construction project and any bid alternatives. -'~ 4 .-'--•.. SECTION 4 -ADDITIONAL SERVICES ~ 4, t EXPLORATORY EXCAVATIONS Services to be Pertormed by Keller Associates: . Keller Associates will fumish services specifically limited to the following: A. Exotoratorv Excavation Coordination ft Docu entation In coordination with the City, Keller Associates will identify key areas for exploratory excavations to determine existing water main depth, materials and size and/or determine other utility locations. Keller Associates will employ the services of a subcontractor to pertorm exploratory excavation. For the purposes of estimating fees, it is assumed ten {10) exploratory excavations will be pertormed. 4.2 PROPERTY OWNER COORDINATION Services to be Pertormed by Keller As i es: Keller Assodates will fumish services specifically limited to the following: A. Property Owner Communication -Design Phase During fnal design, Keller Associates will prepare a project information sheet {or "mailer") for delivery to property owners/residents that will be temporarily affected by the project through interruption of water service or access to their properly. The information sheet will provide: . ~ Reason for project {i.e. benefits) • Project construction schedule • Estimated length of impact (either water service or access) and anticipated mitigation efforts • Expected construction impacts (see "impacts" described below) • Contact information of Keller Associates for questions, comments and concerns through the life of the project. Keller Associates will hand deliver project information sheet to those property owners immediately fronting the project limits. "Impacts" include road closures/detours, noise and vibrations, and other construction impacts that may be determined as the design process progresses. In the course of these visits, Keller Assodates staff can address citizen concerns and answer questions about the project. Deliverables: • Design Phase project information sheet • Summary of resident issues/concerns from door-to-door visits Assumptions: • An estimated total of up to 50 project information sheetr will be hand delivered. • Keller Associates to draft text and coordinate edits, revisions with City • Keller Associates to provide design/layout; prepare for production • Printing will be pertormed in-house by Keller Associates (up to 100 copies) r.,,,• • PDF versions of information materials provided to City staff for posting on City web site • Mailing, bulk mail processing, postal and mailing list fees will be paid for by the City '~ 5 ,y-,... ~ ~ • City to manage and oversee all aspects of distribution of mailer and identify those to whom ' it mails. B. Property Owner Communication -Construction Phase After the City awards the construction contract to the successful bidder, Keller Associates will, in coordination with the Contractor and City staff, prepare an updated project informational flyer for distribution to affected and potentially affected property owners, residents and businesses. For properties immediately fronting the water main replacement areas, the flyers will be hand- delivered by Keller Assodates or the City. The flyer will also be either hand delivered or mailed to other properties within 300 feet of the project areas. The informational flyer will provide: • Reason for project • Projected dates for work in each area • Description of work, material staging area{s), work set-up areas, etc. • Process by which Contractor will notify property owners of interruption of water service • Expected duration and time of day of water service interruption and City or Contractor mitigation efforts, if any (e.g. temporary sanitary facilities, temporary water connections) • General traffic control plans and restrictions • Contact information for Contractor and key City staff Deliverables: • Construction Phase project information sheet/mailer Assumptions: /"~ • For efficiency, construction informatton sheet text and layout to be based upon format (text and layout) used during the Design Phase • Keller Associates to provide updated text and coordinate edits, revisions with City • Keller Assodates to provide design/layout; prepare for production • PDF versions of information materials provided to Cfty staff for posting on City web site • An estimated total of up to 60 information flyers may be delivered. 4.3 AGENCY PERMITTING ~ COORDINATION Services to be Performed by Keller Associates: Keller Associates will furnish services specifically limited to the following: A. ACRD Coordinatton Keller will coordinate and schedule a meettng with ACRD to project design and construction phase constraints in the public ROW. Coordination with ACHD is anticipated to include: 1) determining if any road improvements are anticipated in the foreseeable planning period, 2) obtaining pertinent design requirements and material specifications far surface repair, and 3) identifying major traffic control requirement for inclusion in the project manual special provisions. Keller Associates will submit 90~ review plans to ACRD for approval. B. DEO Approvals .r-~. Not applicable. It is anttcipated that the City will provide the Qualified License Professional ~ Engineer review required for this project. 6 ^ r C. Sediment and Erosion Control Plan ~ Keller Associates wilt prepare a sediment and erosion control plan in accordance with City of Meridian requirements and standards, and submit the plan to ACHD for approval. 4.4 81D AND AWARD SERVICES Services to be Performed by Keller Associates: Keller Associates wilt furnish services specifically limited to the following: A. Bidding, Publishing, and Administration Keller Associates will provide 10 hard copies and one electronic copy (PDF format) of the Plans, Special Provisions, and bid schedule fvr the City's incorporation into its standard bidding documents for bidding purposes. It is assumed that the City will prepare all "front-end" documents except the bid schedule and that bidding documents will be distributed through the City's Purchasing office. Keller Assodates will provide bid administration services to coordinate the Bid process with the City, prepare addenda when necessary during the Bid process to clarify bidding requirements, and attend apre-bid meeting to assist in answering bidders' questions. Legal notice far advertisement of Bid will be prepared by and paid for by the City. B. Bid Opening and Award Keller Assodates will attend the bitl opening, review the bid abstract prepared by the City, review bidder qualifications, if necessary, and provide a recommendation for contract award to City. r~ 4.5 CONSTRUCTION SERVICES Services to be Performed by Keller Associates: Keller Associates will furnish services specifically limited to the following. It is assumed that the City will protide construction services as listed in Section 2. A. Preconstruction Conference Keller Associates will attend apre-construction conference for the project with the Contractor, City, ACRD, and other parties. B. Construction Assistance Keller Associates will be available during construction on an as-needed basis as requested by the City to answer questions or provide clarifications of the Plans, Special Provisions or Technical Specifications. C. Record Drawings Keller Associates will prepare record drawings from drawings and data received from the Contractor and City's staff. 7 TIME OF PERFORMANCE ~ Task 3 -Project Admin, Meetings, Survey and Final Design -Completed within 120 calendar days of Notice to Proceed. Tasks 4.1 through 4.3 -Exploratory Excavation, Property Owner Coordination, Agency Permitting 8 Coordination -Completed within 120 calendar days of notice to Proceed, with the exception of 4.2.8 which will be completed during the construction contract period. Task 4.4 -Bid and Award Services -completed as required by City's bidding and contract award schedules. Task 4.5 -Construction Services -Completed during construction contract period, with the exception of Task 4.5.A, which will be completed within 30 days of receipt of marked-up drawings from the Contractor and the City. COMPENSATION The CITY will pay ENGINEER for its services and reimbursable expenses for a not to exceed amount of $54,965.00. CITY OF MERIDIAN ~~~~ r j{=,~,C,n"/ BY~ ~~ ~ ,,.~.~ TAMMY de W ~ ^ RD, MAYOR Approved by City Council: Attest: JAY E = L. LMA Il Approved as to Content KELLER ASSOCIATES, lnc. ~. ~ •--~ BY: ]boo J• L,N?A, PRet~ei'~vr Dated: / ~~ 2 3/t,e i.l zt ~. :: ~Y r~ •n ~ 4~Z~ ~ BY: i~fd cl. K, ~c~{ t n o,.~ .,,, turd KEITH WATTS, PURCHASIKG AGENT Dated: / a / 7 ~ a o /d \`~` ~" atf ~ Depa ; t Appro BY: TITLE: ~ilL}r's~ >=~ ~ ~A{!.._ l4•fA~rt3'/9~[...~12 Dated: ,~ IZ 3 /~~ Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 5,j PROJECT NUMBER: ITEM TITLE: Task Order # 10192a for Secondary Clarifier Retrofit Design and SDC with Brown and Caldwell for aNot-To-Exceed Amount of $133,404.00 MEETING NOTES A~Y~~ CLERKS OFFICE FINAL ACTION DATE: E-M/iILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ (~ ~~ ~ I~ ~ ~~ ~~i~E IDIAN~- Public IDAHO Works Department TO: Keith Watts, Purchasing Agent FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: November 5, 2010 Mayor Tammy de Weerd City Cewwcil Meiwber1e Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10192a FOR SECONDARY CLARIFIER RETROFIT DESIGN AND SDC WITH BROWN AND CALDWELL FOR A NOT TO EXCEED AMOUNT OF $133,404 I. RECOMMENDED ACTION A. Move to: Execution of Task Order 10192a with Brown and Caldwell for the Secondary Clarifier Retrofit Design and SDC for anot-to-exceed amount of $133,404 by the Mayor and Purchasing Agent. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Secondary Clarifier No. 3 is difficult to operate and operates inefficiently in it's current condition. It was built in 1988 as a draft tube style clarifier and converted to a spiral scraper type in 1996. During the conversion the drive mechanism was not changed and consequently the mechanism turns too slowly making it difficult to withdraw sludge properly. This can cause solids loss to the effluent and potentially impact permit compliance. Page 1 of 3 Secondary clarifier No. 4 has a circular skimmer arm designed to remove floating scum that operates inefficiently. The plant has had issues with the bolts on the skimmer arm coming loose under the water surface making it necessary to frequently drain the tank to tighten the loose bolts. B. Proposed Pr~ect Brown and Caldwell will provide engineering services for the design and office support services during construction. The scope of the project includes performance and operational improvements to both Secondary Clarifier No. 3 and 4. This includes the replacement of the drive and mechanism in Secondary Clarifier 3, the sludge withdrawal system on Secondary Clarifier No. 3 and the scum removal system on Secondary Clarifier No. 4. C. Consultant Selection Brown and Caldwell was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants and their familiarity with the Meridian Wastewater Treatment Plant. Brown and Caldwell was also recently chosen as a qualified firm to provide consultant services for WW Collection and Treatment Engineering and they hold a Master Agreement for services over $25,000. IV. IMPACT A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Deliver~pact: Improving the operation of Secondary Clarifiers No. 3 and 4 will increase the secondary treatment capacity of the wastewater treatment plant. This will provide operational flexibility for the biological phosphorus removal in the aeration basins. C. Fiscal Impact: Project Costs Consultant Agreement Total Cost Project Funding 133 404 $133,404 Page 2 of 3 WWTP Clarifier (3590-96108) 133 404 Total Funding $133,404 VI. TIME CONSTRAINTS Council's approval will allow this project that will enhance the secondary clarifier performance to be constructed this fiscal year. VII. LIST OF ATTACHMENTS A. Task Department Approval: Order N . 10192a. at Page 3 of 3 ^"`~~E IDR IAN,--- ~J PURCHASING AGENT 33 E. Broadway Ave, Meridian, ID 83642 Phone: (208) 489-0417 Fax: (208) 887-4813 TASK ORDER N0.10192a Between CITY OF .MERIDIAN AND BROWN AND CAL.DWE~L This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated April 13, 2010. Secondary Clarifier Retrofit 'Design and Services During Construction Task Order 10192a SCOPE OF SERVICES Introduction 54/051364.003 This project is a follow-on contract to the Preliminary Engineering Report completed by Brown and Caldwell and submitted to IDEA in September of 2010. This scope is for design services to enhance the secondary clarifiers at the wastewater treatment plant (WWTP) and includes: • Clar)fier 3 -new sludge collection mechanism, new return- activated sludge (RAS) pump station,. new scum beach, new scum skimmer, new scum pump station, and new weir cleaning • Clarifier 4 -new scum beach, new scum pump station, new scum skimmer, new weir cleaning If at 50% design firmer cost estimates reveal the City can afford the WAS flowmeters to the existing OAFi's and a new chemical feed station,. then that design work will be added by change order. At that time, the Gity may decide to bid parts of the work as optional alternate construction. Phase 100 -Project Management Provide management, direction, and. coordination of all work associated with this scope, including '"'~ schedules, budgets, technical quality, deliverables, and invoices. Communication and coordination ~ with the City as necessary. Lead weekly design team meetings via telephone and travel as needed to coordinate design staff. Prepare monthly invoices, including, backup materials, and accompanying status reports. Update construction cost estima#e at each design submittal. Provide quality control of all work produced. '~`~ Deliverables ~-. • Meeting notes as needed • Updated cost estimate Assumptions • Background information provided. by-the City as needed Phase 200 -Genera!/Civil Design The following- drawings will be produced; + Cover sheet with index, location, and vicinity maps • General notes and abbreviations • Symbols, legends, and notes • Temporary Erosion and Sediment Control • Grading and Yard Piping Plan • Civil details BC will prepare a site plan that will include yard piping, paving, and grading. CSI Divisions 0 through 2 specifications will be produced. BC wilt provide senior level review of work products. Deliverables • 50 and 90 percent complete civil drawings for City comment • 1.00 percent complete civil drawings for IDEA submittal Assumptions • None Phase 300 -Process Mechanical Design n The following drawings- will be produced: • General -legend, symbols, index, abbreviations • Clarifier 3 Sludge and Scum Collection Plan and Section • Clarifier 3 Ras Rump Station Plan and Sections • Clarifier 3 Details • Clarifier 4 Scum Collection Plan and Section • Clarifier 4 Scum Pump Station Plan and Sections The process descriptions and process and instrumentation diagrams (P&IDs) will be updated. Plans, sections and details will be prepared for each clarifier including scum pits and RAS pump station. CSI Divisions 9 through 15 specifications will be produced. Clarifier 3 stodge collector mechanism will be prepurchased. BC will produce prepurchase documents for separate clarifier procurement. BC will provide senior level review of work products. Deliverables • 50 anal 90 percent complete process mechanical drawings • 100 percent complete drawings for IDEA submittal Assumptions • None ~. Phase 400 -Structural Design The following drawings will be produced: • Structural General -Notes and Specifications • Clarifier 3 _RAS Pump Station Plan and Sections • Clarifier 4 Scum Pump Station Plan and Sections • :General -Legend, Symbols, Index, Abbreviations • Concrete Typical details • Guardrail and handrail typical details • Ladder and stairs typical details • Pipe supports and platforms Structural calculations will. be produced. 'Plans, sections, and details will be prepared for -each clarifier including scum pits and RAS pump station. CSl Divisions- 3 through 7 specifications will be prodWCed. Review shed and tank specifications. BC will provide senior level review of work products. Deiiiu®rables • 50 and 90 percent complete drawings • 100 percent complete drawings for IDEA submittal,. Assumptions • None- ~'""t Phase 500 -Electrical Design ~` The following drawings will be produced: • Legend and Symbols 1 • Legend and Symbols 2 • Construction Details 1 • Construction Details 2 • MCC -X Single Line Diagram and Elevation • Control Schematic 1 • Control Schematic 2 • Site Plan 1 Power and Ground • Lighting Fixture and Raceway Schedules CSI Division 16 specifications will be produced. Clarifier 3 sludge collector mechanism will be prepurchased. BG will produce prepurchase documen#s for separate clarifier procurement. BC will provide senior level review of work products. Deliverables • 50 and 90 percent complete drawings • 100 percent complete drawings for IDEA submittal Assumptions • None Phase 600 -Instrumentation and Control Design ^ The following drawings will be produced; ~''~ • Legend and- Symbols 1 • Instrument Installation Details 1 • Clarifier 3 P&ID • Clarifier 4 P&iD '~`~ • instrument location Plan ^ The process descriptions and P&IDs will be updated. Clarifier 3 sludge collector mechanism will be prepurchased. BC will produce prepurchase documents for separate Clarifier procurement. CSI Division 17 specifications will be produced. BC will provide senior level review of work. products. Deliverables • 50 and 90 percent complete drawings • 100 percent complete drawings for IDEA submittal Assumptions • None Phase ?04 -Services During Construction • BC will provide bid period services including attendance at the pre-bid- meeting, answer questions during the bid, and issue addenda as Headed. • BC will provide review of up to 18 shop drawing submittals • BC provide one person to attend the weekly construction meetings • BC will provide periodic review of new construction • BC will be available for Startup and commissioning support • BG will provide as-builts based on contractor markups D®liverabies • As-builts Assumptions ~''`~ • None TIME 4F PERFORMANCE The attached MS Project chart shows the anticipated schedule of the project. C4MPfNSATION The fallowing table provides a summary flee estimate for the scope of services proposed in this task order. The-fee estimate is based on the assumptions developed from our conveesations with City staff. These- assumptions are presented in the fallowing section. Brown :and Caldwell proposes conducting this work on a time-and-materials basis in accordance with the rate schedule attached to the master Agreement dated April 13, 201:0... 100 -Project Management $15,112 200 - Clvll Design $10,432 300 -Process Mechanical Design $19,276 400 -Structural Design $21,320 500 -Electrical Design 820,788 800 -Instrumentation and Control $20,528 700 -Services During Construction $25,9x8 Thal 5133,404 ASSUMPTIONS The following assumptions were made in preparation of the scope of work and fee estimate: • The cost presented in the fee table is on atime-and-materials not to exceed basis. Should Brown and Caldwell approach the budget for the project, we will notify the City and decide on requirements for additional funds, if needed. • Brown and Caldwell will rely on information provided by the Cityto prepare the technical documents. • The owner will provide AutoCad files for all existing drawings needed to execute the project. • The owner wilt provide a copy of the geotechnical report prepared for the site. CITY OF MERIDIAN TAMMY de 1N RD, MAYOR Dated: is I 'l ~ ~ n ~ n ___..... Approved by City Cou JA Approved as to Content i?ar' ~' I~ ~_ :~ ,~, ~, ~,. .,,T.;. ._. , r''~ ~~~ .cw+ cJ~ r/ }~ ~i ~ qq ` fY ~ j=Rf~° 1- _.~ KEITH WA S, PU CH SII~1G AGENT BROWN AND CALDWELL Jeffrey S. son, .D., P.G., Vice President Dated: _ /4,~S~Zoi~ De art t A r a P PP Title: wY -tN B ~ Arr yy)~~y ~_ Dated: /a / ~ l a a ~ ~ Dated: ~t I~t~wrnn+~4~ ~ _..t ~ ..p~. .um~q ....._.. 6~uT..u ® owa~r 4 f Drc Tw 706!10 8aR MMSr • Piq~d tumrry O°~ E~MrI Wre~~ O h0~ 1 ~~ Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Task Order # 10160 for the Wastewater Treatment Plant Tertiary Filters Building Design and Construction Services with CH2M Hill, Pursuant to the Master Agreement Dated April 13, 2010 for aNot-To-Exceed Amount of $175,150.00 MEETING NOTES ~-d., ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd Keith Bird E IDIAN~- `"y ~"~" Me11''~r" Brad Hoaglun Public ~ D A H O Charles Rountree David Zaremba Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, EIT DATE: November 18, 2010 SUBJECT: TASK ORDER #10160 FOR THE WASTEWATER TREATMENT PLANT TERTIARY FILTERS BUILDING DESIGN AND CONSTRUCTION SERVICES WITH CH2M HILL, PURSUANT TO THE MASTER AGREEMENT DATED APRIL 13, 2010 FOR ANOT-TO-EXCEED AMOUNT OF $175,150.00. (Next Available Consent Agenda) I. RECOMMENDED ACTION A. Move to: 1. Approve the Consultant Agreement with CH2M Hill to provide engineering services for the Tertiary Filters Building in an amount not to exceed $175,150.00; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works III. DESCRIPTION A. Background 489-0347 489-0341 489-0350 489-0372 Page 1 of 3 The wastewater treatment plant currently has 4 filters that are used for tertiary treatment. The filters, which are located on the south end of the plant, are not enclosed making them subject to daily exposure to the elements. The Wastewater Division has had problems keeping filter #3 running in the winter due to freezing temperatures and snowfall causing the traveling bridge to become stuck. A temporary canopy cover was installed over filter #3 to help prevent snow and ice deposits on the bridge track. The canopy has helped to some extent and reduced the down time of the bridge; however the filter is still impacted by freezing temperatures and a more permanent solution is necessary. B. Proposed Project The proposed project is for the design of a building to enclose all four filters to provide protection for the filtration equipment from freezing temperatures. The task order with CH2M Hill also includes services during the construction phase of the project. The building will provide greater protection from extreme temperatures than a canopy and will likely increase the life of the filters and reduce operation and maintenance costs. It can be heated to keep the temperatures above freezing and provides a dry environment for the filter equipment. C. Consultant Selection CH2M Hill is a highly knowledgeable consulting firm in wastewater treatment. The firm was chosen as a consultant for projects over $25,000 from a Request for Qualifications in February of 2010. The firm has a staff consisting of many different disciplines of engineers such as civil, wastewater, mechanical and electrical, as well as architects. The broad spectrum of personnel makes CH2M Hill an ideal candidate for this type of project. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact: Project Costs Consultant Agreement $175,150.00 Total Project Cost $175,150.00 Proiect Funding Page 2 of 3 Filter Upgrade Projects (3590-96154) $175,150.00 Total Funding $175,150.00 V. ALTERNATIVES A. The City could defer the Tertiary Filters Building project. A deferment of this project will lead to an increase in susceptibility of the filter equipment failing from exposure to harsh elements and/or freezing. B. Instead of constructing a building, canopies could continue to be used. The current canopy installed over Filter #3 is showing signs of wear. The existing canopy would need to be replaced and new canopies would need to be installed over all the filters. Canopies provide shelter from hot sunlight, rain, and snow, but do not provide relief from freezing temperatures as they are open at the ends and allow cold air to move through the structure. VI. TIME CONSTRAINTS The approval of this task order will allow CH2M Hill to begin design of the building immediately and will allow time for construction during the summer. The project is scheduled to be complete in FY2011. VII. LIST OF ATTACHMENTS A. Task Order No. 10160 Department Approval: ~' 2 to Page 3 of 3 ,~'..`~ GH2MHILL ~-. CH2M H0_l. 322 Earl Front SVele Suite 200 Etalse, ID 83702 7e1208.345.5310 Fax 206.345.5315 E IDIAN~. PURCHASING AGENT ~,, 33 E. Broadway Ave, Meridian, ID 83642 . -. _. ............. ._ _~_D A H O-- ---- ... _... _.....- ._Phone:- {208)._888-4433 x 417. - - .. . ~ . Fax: (208) 887-48'13 TASK ORDER NO. 109 60 Between CITY OF MERIDIAN AND CH2M HILL This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above mentioned parties dated April 13, 2010. Wastewater Treatment Plant Tertiary Filters Building Design and Services During Construction Project Understanding The City of Meridian is pursuing construction of a new building(s) to enclose the four existing tertiary filters located a# the wastewater treatment plant to provide protection from the elements for the equipment and freeze protection. The design team is to determine an appropriate building layout and foundation design suitable for enclosing the existing filters and minimizing impact to the existing plant infrastructure and underground utilities. Furthermore, the team is to design the necessary mechanical and electrical systems to support the building(s). The City has indicated that the four existing filters can be enclosed in one large building or multiple smaller buildings depending on site constraints and cost benefits. A fifth filter may be added at some point in the future south of Filter #4 and is to be considered during this design phase to allow for building expansion or a separate, stand-alone building. PAGE 1 OF 15 The design, permitting, and construction of the new building{s) is targeted to be complete and turned over for occupancy by the end of September 2011 coincident with the end of the 2010. 2011 City fiscal year. City Council has approved total budgetary funding of $1,250,000 for the design and construction of the new building(s). The City has indicated that the new building(s) do not require a robust HVAC system to heat and cool the enclosures}, but must maintain temperatures above 35-degrees in the winter and allow for cross-ventilation in the summer. Furthermore, the City has indicated that odor control is not required for the new building(s). Proper ventilation needs to be provided for the building(s) to allow for adequate air changes to avoid moisture build up and minimize the potential for corrosion of steel frame members. The mechanical ventilation system is to be the minimum required to achieve the stated objectives. The City is open to material (e.g. masonry, metal) to be used for the building construction and desires the most economical solution that can be constructed within the allotted time frame. Based on the existing underground obstructions that must be avoided with respect to the building foundation, it appears that a metal building(s) is best suited for this installation and will satisfy the stated conditions. Therefore, the scope of work and associated compensation are based on designing a metal building(s). An additional requirement is that the building colors selected match the existing building colors located throughout the plant. Consideration and accommodations are to be provided in the building design to allow access ~ for equipment maintenance of the pumps, motors, and filters. It was discussed that roll up doors on either end of the building(s) would suffice with a possible need for removable skylights located above the vertical turbine pump motors at Filters #1 and #2 to allow for crane access to remove the motors. Horizontal clearance around the existing equipment needs to be provided to allow for personnel movement on the order of 3-feet at a minimum. Vertical clearance above the equipment needs to be provided to allow for maintenance activities on the order of 6- to 8-feet. The pump and filter equipment is currently wired into the plant SCADA system and is to be maintained. Controls for air handlers and other building operation equipment can be stand- alone for the individual buildings} and does not need to be wired into the plant-wide control system. The electrical design will address providing power for the new HVAC, lights, and receptacles for the building{s) and does not account for any modifications to the electrical service feeds for the existing process equipment. The City indicated that the building(s) do not need to have personal safety provisions such as eye wash stations and showers. Potable water does not need to be plumbed to the building(s). PAtiE20F i5 Scope of Work CH2M HILL will perform the following tasks in support of the Wastewater Treatrnent Plant Tertiary Filters Building Design and Services During Construction project. Task 1-Project Initiation and Management • Task Description: . • Initial design team project site tour with the City. • Scoping, contract review/execution, and project accounting setup. • Prepare Health & Safety Plan for onsite work activities and obtain staff endorsement. Prepare Quality Management Plan for work tasks and ensure adherence by CH2M HII.L project staff. • Supervise and manage CH2M HILL project staff for execution of work tasks. • Project documentation and coordination. • Monitor project progress, including work completed, work remaining, budget "' expended, schedule, estimated cost of work remaining, and estimated cost at completion. Coordinate with and provide periodic updates to City Project Manager. ~ ~ • Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify prof ect tasks, budgets, and approach. • Prepare and submit monthly billing with brief explanation of work completed during billing cycle. • ~~, • Manage the quality control review of all work activities and project deliverables. Identify senior technical staff for the various technical disciplines and oversee the adherence to the plan during the execution of the work tasks. Deliverables• • • Periodic written project design schedule updates to keep City Project Manager informed as to changes to initial schedule outlined below. • Monthly project invoice statements with brief description of work performed. Assumotions• • One (1) initial project site tour will be conducted with the City Project Manager(s) and WWTP staffto orient the CH2M HILL design team members (e.g. Project Manager, Architect, Structural Engineer, Mechanical Engineer, Electrical Engineer, and Geotechnical Engineer). • Twelve (12) month duration for completion of tasks described herein. Budget status ~ monitoring, schedule status monitoring, and project invoicing is a monthly activity for the duration of the project. PAGE3~15 Expenses: (Included in Compensation Table) ~ Travel mileage reimbursement for initial project site tour. Task 2 -Mapping Survey of Existing Conditions A mapping survey will be performed to horizontally and vertically field-locate existing site improvements within the immediate vicinity of the four existing tertiary filters. The survey services described below shall be performed by a subcontractor, Critigen. Expenses related to the surveying effort are reflected in the Compensation table. The survey will be controlled horizontally by either Idaho State Plane, West Zone, which can be modified to the Ada County projection, or by a local datum and local control in use by the site. Vertical control will be matched to .conform to the elevation datum that appears on the pleas sheets provided with this scope. Topographic mapping will be performed at a minimum to National Map Accuracy Standards for 1 foot contour intervals. Task Description• • 2.1 Survey. Prepare a field survey to locate existing site features within the project ~ area. The project area is approximately 120-$ by 160-ft extending to the far-side edge of asphalt to the east, south, and west and to the approximate mid-point of the existing mechanical building to the north of the filters. The field survey will locate existing edges of asphalt, concrete slab corners, equipment corner Locations, railings, utility vaults, hand holes, approximate underground utility horizontal locations as marked by others, and other observable site infrastructure. Deliverables• • One (1) full-size bond copy of survey. Assumptions: • Survey crews will have plant access to conduct the survey. • Survey benchmarks are available within the plant to establish vertical control. • WWTP staffwill locate with surface paint markings and identify known underground utilities prior to the survey crew being on site. • WWTP staffwill be available to answer help clarify infiastructure use as needed. Expenses: (Included in Compensation Table) ' • Vehicle mileage, RTK equipment costs, and miscellaneous survey supplies (stakes, spray paint, rebar with control caps). PAGE 40F 1S Task 3 -Concept Design The purpose of this work task is to allow CH2M HILL design team to prepare a concept building design to form the basis of design decisions by the City, help define the intermediate and final design, and to confirm the City project budget estimate. Task Descriution: • 3.1 Site Visit. Site visit to validate the mapping survey (Task 2), document existing equipment, observe existing utility routes, obtain additional field measurements of equipment /site element locations and heights as needed, and other pertinent background information. Site visit to include architect, structural engineer, mechanical engineer, electrical engineer, geotechnical engineer, and project manager for a total duration of 4 hours each including travel time. • 3.Z Geotechnical Review and Recommendations. Review historical geotechnical investigation reports that have been prepared for previous WWTP projects in close proximity to the tertiary filters. Evaluate subsurface conditions and prepaze concept geotechnical engineering design recommendations in support of building foundation design. A brief Technical Memorandum (TM, up to 3 pages) will be prepared ' describing conceptual geotechnical design criteria as part of this task and provided as part of the Basis of Design document. /"~ • 3.3 Conce t Desi Pr are to two 2 cons t deal to identi buildin P gn• eP uP () eP ~ fy g location, layout, elevation, foundation, electrical service, and mechanical systems. Drawings will be prepazed in CAD and plotted electronically to depict the concept designs} for each of the disciplines. Brief Technical Memorandums (TM, up to 2 ... pages) will be prepared by discipline to describe basis of design with supporting calculations and/or provide additional clarification of design intent as needed. Drawings and TMs will be provided to the City for review, discussions, and design decisions. • 3.4 Cost Estimate. Prepare up to two (2} Class 4 budget-level construction cost estimates based on the concept designs. • 3.5 Basis of Design. Prepare Basis of Design (BOD) document describing the project background, goals, and design overview. Discipline-specific TMs and construction cost estimate(s) will be included as appendices to the BOD document. • 3.6 Review Meeting. Following review of the work task deliverables noted below by the City project team, CH2M HILL discipline design leads and the project manager will attend one (1}Concept Design Review meeting with City staffto discuss the project, review comments, and decide on project elements to advance to Intermediate Design. Deliverables • Concept Drawings in digital format (PDF, 11"x17"} will be emailed to the City Project Manager for distribution to Cityproject staff. PIlGE50F15 • Basis of Design document, in digital format (PDF), will be emailed to the City Project Manager for distribution to City project staff. Assum»tions• • Site will be accessible for project field visit. The City will provide hardcopies and/or digital copies (Word or PDF format) of historical geotechnical investigations performed for previous WWTP projects for use by CH2M HILL geotechnical engineering staff to prepare design criteria for this project. It is assumed that the conditions are known to an adequate depth to make estimates of settlement and bearing resistance for foundations. CH2M HILL will not be responsible for performing a subsurface geotechnical investigation as part of this task order. • C3eotechnical scope assumes that the foundations will bear on undisturbed "native" soil conditions that have not been disturbed by previous fill or other site activities and that the foundation system will consist of conventional spread footing foundations. Additional detailed analysis necessary (lateral loading) for deep foundations, such as drilled shafts, would require additional time not included in this task order. • WWTP staff will be available to provide input on design questions and will provide ~ timely responses to questions posed. Design questions will be routed to the City Project Manager for distribution to the appropriate City staff. • Building foundation design calculations will be based on estimated building loads and reaction forces. • City will review work task deliverables aad have comments prepared in written form within 5 working days of receipt of the digital submittal. • The Concept Design Review meeting will take place at Meridian Public Works Department conference room. The City Project Manager will coordinate with City staff and CH2M HILL to schedule the meeting date and time (and conference room) that is mutually agreeable to the participants. Expenses, (Included in Compensation Table) • Travel mileage reimbursement for project site visit associated with this work task. Task 4 -Intermediate Design (90% Design) Following the Concept Design Review meeting and design decisions, CH2M HILL will prepare an intermediate building design commensurate with a 90% design level for submittal to the City for review. PAtiE 60F 15 Task Descriut3on: • 4.1 Intermediate Design. Prepare intermediate design and calculations. Prepaze Technical Memorandums, by technical discipline, with supporting calculations for inclusion in the updated Basis of Design document. • 4.2 Intermediate Drawings. Prepare intermediate drawings. Estimated sheet list provided below. • 4.3 Draft Technical Specifications. Prepare draft technical specifications based on CH2M HII.,L Master Specifications. • 4.4 Cost Estimate. Prepare a Class 2 construction cost estimate based on the intermediate project drawings and technical specifications. • 4.5 Basis of Design. Prepare updated Basis of Design document with discipline- specific TMs and construction cost estimate included as appendices. • 4.6 Review Meeting. Following review of the work task deliverables noted below by the City, CH2M HILL discipline design leads and the project manager will attend one (1}Intermediate Design Review meeting with City project team and review staffto discuss the review comments for clarification for the Final Design. ,,.r.,~ Deliverables- • Intermediate Drawings in digital format (PDF,11"xI7'~ will be emaihed to the City Project Manager for distribution to City project staff. • Draft Technical Specifications in digital format (PDk~ will be emailed to the City •~ Project Manager for distribution to City project staff. • Basis of Design document, in digital format (PDF), will be emailed to the City Project Manager for distribution to City project staff. Assumntions• • WWTP staff will be available to provide input on design questions and will provide timely responses to questions posed. Design questions will be routed to the City Project Manager for distribution to the appropriate City staff. • Building foundation design calculations will be based on estimated building Ioads and reaction forces. • City project team will review work task deliverables and have comments prepared in written form within 5 working days of receipt of the digital submittal. • The Intermediate Design Review meeting will take place at Meridian Public Works Department conference room. The City Project Manager will coordinate with City project team and review staff and CH2M HILL to schedule the meeting date and time (and conference room) that is mutually agreeable to the participants. PAGE70F15 • Permit application fee(s) will be paid by the City and provided to CH2M HILL. Fee amount(s) to be determined at the time of application. Exn_ • N/A Estimated Drawing Sheet List• The list below provides an estimate of the drawing sheets to be included in the plan se#. - Cover, Location Map and Index to Drawings - General Civil Notes and Legend - Civil Site, Grading, and Resurfacing Plan - General Architectural Notes and Legend - Architectural Plan, Elevations, and Sections - Architectural Details - General Structural Notes and Legend ~-•~ - Structural Foundation Plan and Sections - Structural Details - General Mechanical Notes and Legend - Mechanical •Floor Plan - Mechanical Details - Mechanical Schedules -- General Electrical Notes and Legend - Electrical Site Plan and 1-line Diagrams - Electrical Building Plan - Electrical Details and Diagrams Task 5 -Final Design and Bid Documents (100% Design) Following the Intermediate Design review meeting, CH2M HILL will prepare the final building design commensurate with a 100% design level for submittal to the City records and use in contractor bid solicitation. PAGE80F 15 Task Description• • 5.1 Final Design. Update design and calculations based on Intermediate Design (Task 4) review comments. Update Technical Memorandums, by technical discipline, with supporting calculations for inclusion in the Final Basis of Design document. • 5.2 Final Drawings. Prepare final project drawings. Estimated sheet list consistent with list identified for Intermediate Design {Task 4). Final drawings will be stamped by Professional Engineer /Licensed Architect. • S.3 Final Technical Specifications. Update technical specifications based on Intermediate Design (Task 4) review comments. Final Technical Specifications will be provided to City for inclusion with the City-generated Bidding Requirements. • 5.4 Cost Estimate. Update the Class 2 construction cost estimate prepared as part of Task 5 to represent the final construction cost estimate based on the final project drawings and technical specifications. • 5.5 Basis of Design. Prepare updated Basis of Design document with discipline- specific TMs and construction cost estimate included as appendices. • 5.6 Permit Submittal. Subnut final drawings, technical specifications, and BOD document to City of Meridian Building Services Department for approval. Deliverables: • Final Drawings in digital format (PDF, 11 "x 17") will be emailed to the City Project . Manager for distribution to City project staff for Intermediate Design review comment concurrence. • Final Technical Specifications in digital format (PDF) will be emailed to the City Project Manager for distribution to City project staff for Intermediate Design review comment concurrence. • Basis of Design document, in digital format (PDF), wi11 be emailed to the City Project Manager for distribution to City project staff. • Following Intermediate Design review concurrence, one {1) stamped hard copy of the Final Drawings (24" x 36"}, one (1) stamped hard copy of the Final Technical Specifications, and one (1) hard copy of the Basis of Design document will be delivered to the City Project Manager for reproduction and inclusion with the bid document solicitation. Assumptions: • Building foundation design calculations will be based on estimated building loads and reaction forces. • The City will be responsible for preparing the Bidding Requirements and contract '"` document reproduction for bid solicitation. PAGE 90F 16 ~`"~ Expenses: • N/A Task 6 -Construction Bid Support CH2M HILL will provide engineering support during the City construction bid solicitation period as described below. Task Description: • 6.1 Fre-Bid Meeting. Attend apre-bid meeting with prospective bidders and City. Budget assumes four (4) hours for CHZM HILL PM to attend one (1) meeting. • 6.2 Bid Period RFIs. Respond to questions from bidders and provide City with responses to distribute to bidding contractors. Budget assumes ten (10) RFI's at two (2) hours each. • 6.3 Bid Addendums. Assist the City by providing information to prepare bid addendums, as necessary, for City to issue to bidding contractors. Budget assumes four (4) addendums at two (2} hours each. ! •r Deliverables- • Pre-bid meeting will take place at Meridian Public Works Department conference room. The City Project Manager will coordinate with City project team, bidding contractors, and CH2M HILL to schedule the meeting date and time (and conference room). • Email responses to bidder RFIs to be transmitted to the City Purchasing Department and City Project Manager. • Content for technical bid document addendums transmitted digitally (Microsoft Word document) to City. Assumptions: • City Purchasing Department will be responsible for receiving and forwazding bidding contractor RFIs. City Purchasing Department will be responsible for distributing CH2M HILL RFI responses to bidding contractors. • City Purchasing Department will be responsible for compiling and distributing bid document addendums to bidding contractors. Expenses: {Included in Compensation Table) • Travel mileage reiambursement for Pre-Bid Meeting attendance. PAGE 1p OF 15 Task 7 --Services During Construction CH2M HILL will support the City during field construction by providing engineering services as described below. Task Descriution: • 7.1 Pre-Construction Meeting. Attend apre-construction meeting with the Contractor and City. Budget assumes four (4) hours for CH2M HII.L PM to attend one (1) meeting. • 7.2 Submittal Review. Review and respond to thirty (30) technical submittals from the Contractor and provide review responses to the City Project Manager. Budget assumes two (2} hours per submittal. • 7.3 RFI and WCD. Review and respond to requests for information ('RFI) from the Contractor. Develop content for Work Change Directives (WCD). Budget assumes ten (10) RFIs at three (3) hours each and ten (10) WCDs at three (3) hours each • 7.4 Construction Progress Meeting. Attend weekly construction progress meetings at the Meridian WWTP.. Budget assumes five-month construction period for a total of twenty (20) meetings at two (2) hours per meeting (includes travel time and minutes preparation). '~` • 7.5 Additional Site Visits. Conduct additional site visits for periodic field observations by one (1) technical design staff, as applicable. Budget assumes six (6) trips for one {1} staffmember at four (4) hours each including travel time. ,::. • 7.6 Contractor Change Order Request Support. Assist City in the review of Contractor Change Order requests. Budget assumes five (5) change order reviews at ' two (2} bouts each. • 7.7 Substantial Completion Sfte Visit. Attendance of design team (up to 4 technical staff and project manager) at project site visit with City and contractor to observe completed construction and punch list item identification. CH2M HILL will review and provide continents to punch list prepared by the City. Budget assumes one (1) site visit at six (6) hours for each attendee, including travel time and punch list preparation. ' • 7.8 Project As-Built Drawings. Prepare project record drawings based primarily on as-built notes and drawing redlines provided by Contractor following completion of construction activities and supplemented with CH2M HILL field notes from intermittent site visits. Record drawing sheet list will be same as identified under Task 4. Deliverables• • Technical submittal review comments transmitted digitally to the City Project ,.-•,, Manager for distribution. PAGE 110E i5 ~„"~ • Contractor RFI responses and WCD content transmitted digitally to the City Project Manager for distribution. • City is responsible for documenting construction progress meeting minutes and distributing. • Scanned copies of field notes from periodic site visits (Task 7.5) transmitted digitally to the City Project Manager. • City is responsible for reviewing and approving Contractor Payment Applications. CH2M HILL is not responsible for reviewing and/or providing input. • Review comments for Contractor change order requests emaited to City Project Manager. • Punch list review comments (Task 7.7) and Substantial Completion form transmitted digitally to the City Project Manager for distribution. • ~ Record Drawings -three {3) full-size bond copies. One (1} CD with PDF and CAD files of the drawings. A-ssumatlons: ,,,r,t • Pre-construction meeting will take place either at Meridian Public Works Department conference room or Meridian Wastewater Treatment Plant. The City Project Manager will coordinate with City project team, contractor, and CH2M HILL to schedule the meeting date and time {and conference room}. The City will be responsible for recording, preparing, and distributing meeting minutes. • Submittals and RFIs from the contractor will be received by the City Project Manager who will Iog and forward to CH2M HILL for review. Submittal and RFI responses and WCD content by CH2M HILL will be delivered digitally to the City Project Manager for distribution to the contractor. • City inspector will be responsible for performing daily inspections during construction and will notify CHZM HILL of any material variation from design. City will provide CH2M HILL with written documentation of daily construction inspections/observations and performance test results upon request. • Contractor will be-responsible for keeping accurate, detailed notes and drawing redlines documenting changes from design drawings. These notes and drawing redlines will be available for review by CH2M HILL throughout the project and the City inspector will provide periodic reviews to ensure that the Contractor is appropriately documenting the as-built conditions. • Contractor will be responsible for providing written verification that construction is complete and scheduling Substantial Completion Site Visit with the City and CH2M HILL that will be mutually agreeable to the parties involved. .-~. PAGE 120E 15 • As-built notes~and design drawing redlines maintained by the Contractor will accurately convey as-built conditions and provide sufficient detail for CH2M HILL to easily use as primary basis far producing record drawings. CH2M HILL is not responsible for performing field survey work to produce record drawings. Expenses: (Included in Compensation Table) • Travel mileage reimbursement for on site meetings and site visits. PA4E190F15 ~. Compensation Level of Effort The task level of effort estimates aze summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as tune and material, and will not exceed the total amount below without prior approval by the City. A rate escalation factor of 4% has been applied to the tasks (or portion thereofl that are anticipated to occur on or after April 1, 2011. Level of EfJ`ort Task Description Total Task 1 Protect Initiation and Management $22,600 2 Mapping Survey of Existing Conditions $4,750 3 Concept Design $23,500 4 Intermediate Design $49,850 5 Final Design and Bid Documents $36,100 6 Construction Bid Support $4,250 7 Services During Construction $34,100 Summary -All Tasks $175,150 Schedule Task 1-Project Initiation and Management Task 2 -Mapping Survey of Existing Conditions Task 3 -Concept Design Task 4 -Intermediate Design Task 5 -Final Design and Bid Documents Task 6 -Construction Bid Support Task 7 -Services During Construction October 2010 -September 2011 November 2010 November 2010 -December 2010 January 2011- February 2011 . March 2011 April 2011 May 2011-September 2011 PAGE 140E 15 --~ CITY OF MERIDIAN ~~ TAMMY de RD, MAYOR Dated: O.k i~"~ ,~,~ g ..,,M !o ~ @a. t~' ~' .. . Attest: ~ `% ' #~ ~.., JAYCE L H L ~ ~, 1 stiff O Approved as to Content `~NTY , ~~ KEITH WATT , PURCH SING AGENT /a/ y /8oio Dated: CH2M HIL ~t B ark Bo Dated: > ~ ~ ~ Department Approval TITLE: ~lU~`t~l i~~it'[_ni r yy~,~~,~(Z Dated:_~ e~. /d PAGE 15 OF 15 Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R- 8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone MEETING NOTES ~'~ ~D~f CLERKS OFFICE FINAL ACTION .DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES ~ INITIALS la-~ ~- ~3 .-- ia- ~3 r~ ~~~~ ~~e Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: .Findings of Fact, Conclusions of Law for Approval: MDA 10-007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Repeal the Recorded Development Agreement (Instrument # 100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ta- ~~ 1a-13 -- fa- i3 t n `~z i o -003 ~~e~,.~-- ~I ~e~ ~'1 Meridian City Council Meeting I~OTE~ December 7, 2010 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Development Agreement for Approval: AZ 09-008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District MEETING NOTES A~ ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS .- _-- T 6~e r~ @ e -~ ~ rQCo rd ~a-g r.- ___ C~' iqr ~o~\ ~O S~e'~-~- - ~~ ~~-i3 la- i3 -- ~ a- ~ 3 ~,~, Z~~+~ ~~ 'fie ~--- E'- r~,a,~c~ ~ b~oe~t~.Stgh~ o~d~~~S c r>m ' Abll COUNTY AECWIOEA J. OAYIO NAYAARO AMOUNT .00 67 E016E IbAH01~09110 08:69 AM AECOAOEO RECU~'1' o~ III IIIIIIIIIIIIIIillllilllllllllll III Melelan City 1101 f 5738 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Meridian 118, LLC, a Nevada limited liability company, Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~_ day of ~~ ~ e,r , 2010, by and between City of Meridian, a municipal corporation of the State of Idaho, hereinafter called CITY, and Meridian 118, LLC, a Nevada limited liability company, hereinafter called DEVELOPER/OWNER. RECITALS: 1.1 WHEREAS, Developer/Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or .permit as a condition of re-zoning that Developer/Owner makes a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer/Owner has submitted an application for annexation and re-zoning of the Property, and has requested a designation of Zoning Districts C-C (48.59 Acres), H-E (27.27 Acres), M-E (22.57 Acres), and R- 40 (16.83 Acres), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer/Owner made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequentlybeforethe City Council, includeresponses of DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 1 government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, on the 22nd day of December, 2009, has approved certain Findings of Fact, Conclusions of Law and Decision & Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require Developer/Owner to enter into a development agreement with relation to the Property before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER/OWNERdeems it to be inits best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires Developer/Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: The above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER/OWNER: means and refers to Meridian 1.18, LLC, a Nevada limited liability company, whose address is 2200 Paseo Verde Parkway, Suite DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 2 330, Henderson, NV 89052, the party developing and owning the Property and shall include any subsequent developer(s) and/or owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian, as described in Exhibit A attached hereto and by this reference incorporated herein as if set forth at length and describing the parcels to be re-zoned C-C (48.59 Acres), H-E (27.27 Acres), M-E (22.57 Acres), and R-40 (16.83 Acres). 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. $. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner shall develop the Property in accordance with conditions identified in Exhibit B of the staff report for the hearing date of December 8, 2009, which Exhibit B of the staff report is a portion of Exhibit B attached to this Agreement. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of Developer/Owner and/or its successors and assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this Agreement after City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. INSPECTION: Developer/Owner shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of City that apply to said development. g. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer/Owner consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 3 8.1 That City provide written notice of any failure to comply with this Agreement to Developer/Owner and ifDeveloper/Owner fails to cure such failure within six (6) months of such notice. 8.2 In the event Developer/Owner, or Developer/Owner's successors and assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by City upon compliance with the requirements of the Zoning Ordinance. 8.3 A waiver by City of any default by Developer/Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 8.4 This Agreement shall be enforceable in any court of competent jurisdiction by City or Developer/Owner, 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. 8.5 In the event of a material breach of this Agreement, the parties agree that City and Developer/Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 8.6 In the event the performance of any covenant to be performed hereunder by either Developer/Owner 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, the time for such performance shall be extended by the amount of time of such delay. 8.7 Notwithstanding anything to the contrary herein, if an event of default is not cured as provided in this Agreement, either party may request a non- binding mediation process. If the other party consents then the initiating party may begin the process by providing written notice initiating the DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 4 process to the other party. Within fifteen (15) days after delivery of such notice, each party shall appoint one person to act as mediator on behalf of such party and notify the other party. Within fifteen (15) days after delivery of such notice, the persons appointed shall themselves appoint one person to serve as the sole mediator. The mediator shall set the time and place of the mediation hearing and shall give reasonable notice of the mediation to the parties. The parties may agree to hold the mediation session(s) by telephone. Each party shall pay one-half of all fees and costs associated with the mediation process. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer/Owner's cost, and submit proof of such recording to Developer/Owner prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which Developer/Owner agrees to provide, if required by City. 12. CERTIFICATE OF OCCUPANCY: Developer/Owner agrees that no Certificates of Occupancy will be issued in any phase in which the improvements have not been installed, completed, and accepted by City. 13. ABIDE BY ALL CITY ORDINANCES: That Developer/Owner agrees to abide by all applicable ordinances of the City of Meridian and the Property shall be subject to de- annexation ifDeveloper/Owner orDeveloper/Owner's assigns, heirs, or successors shall not meet the conditions contained in the Findings, this Agreement, and the applicable Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER/OWNER: c/o City Attorney Meridian 118, LLC, City of Meridian Attention: Jim Zeiter, Manager 33 E. Broadway Ave. 2200 Paseo Verde Pkwy, Suite 330 Meridian, ID 83642 Henderson, NV 89052 DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 5 with copy to: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. 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 maybe 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. 16. 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. 1 ~, BINDING UPON SUCCESSORS: This Agreement shall be bindingupon 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 onDeveloper/Owner of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. In the event of a complete or partial assignment ofDeveloper/Owner's rights and obligations hereunder, except an assignment for collateral purposes only, Developer/Owner's liability under this Agreement shall terminate. Nothing in this Agreement shall operate to restrict Developer/Owner's ability to assign less than all of Applicant's rights and obligations under this Agreement to those persons or entities that acquire any portion of the Property. This Agreement is not intended to and shall not create conditions or exceptions to title or covenants running with the Property beyond the development of the Property or any portion thereof. City agrees, upon written request of Developer/Owner, to execute appropriate and recordable evidence of termination of this Agreement, and/or partial termination of this Agreement in connection with a particular phase of development, if City, in its sole and reasonable discretion, had determined that Developer/Owner has fully performed its obligations under this Agreement. 1 g, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 6 19. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer/Owner 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 Developer/Owner and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. City and Developer/Owner acknowledge that amendments to this Agreement may be necessary or appropriate from time to time. The parties shall cooperate in good faith to agree upon and use reasonable efforts to process any amendments to this Agreement. 19.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 2p. COUNTERPARTS: This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. The signature pages from one or more counterparts maybe removed from such counterparts and such signature pages all attached to a single document so that the signatures of all parties maybe physically attached to a single document. 21. NO PARTNERSHIP; THIRD PARTIES: It is hereby specifically understood, acknowledged and agreed that neither City nor Developer/Owner shall be deemed to be an agent of the other for any purpose whatsoever. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Developer/Owner and City. No term or provision of this Agreement is intended to, or shall, be for the benefit of any third-party, person, firm, organization or legal entity not a party hereto, and no such other third-party, person, firm, organization or legal entity shall have any right to cause of action hereunder. 22. FORCE MAJEURE: If Developer/Owner has proceeded in good faith but has been prevented from curing an event of default by circumstances beyond Developer/Owner's control, including, without limitation, judicial injunctions, inclement weather, delays due to strikes, inability to obtain materials, civil commotion, terrorism, fire, acts of God, or delays caused by City, or other local, state or federal agencies, the period of time to cure such event of default shall be extended for an additional period of time equal to the period of such delay(s). 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution by the Mayor and City Clerk. DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Development Agreement and made the Development Agreement effective as hereinabove provided. DEVELOPER/OWNER: MERIDIAN 118, LLC, a Nevada limited liability company By: Jim Zeiter, anager CITY OF MERIDIAN By: e~~.s~_ ~ ~ ' Mayor Ta my de Weerd Attest: `~..~`~.,~ OF ~ ~,q ~%''. O ~` T '; ``~ ~ ~, \ F~ aycee Holman, City Clerk = ~ EAL ~~ 'f'p T tS~ , ,2Q ~% q ypQ' ~~~~~~~ '% ~o~rv~rY ~ ~~•~• SCHEDULE OF EXHIBITS: Exhibit A: Legal Description of the Property Exhibit B: Findings of Fact, Conclusions of Law and Decision & Order DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 8 STATE OF ~I e ~ ~-. d ~ : ss County of L ~ u, v k ) On this ~ day of /Ve y , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Jim Zeiter, known or identified to me to be the Manager of MERIDIAN 118, LLC, the limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) DOROTHY Rt1~N~8 Nolry Pu61c 8M~ of Nw~ No. ~ax~-~ MY MPS ~ .AMM 32014 r~ ~~ l,~~ck Notary Publ;~c for Ike JAI ~ va ~ q Residing at: ~~~~,P n/ /U t/ My Commission Expires: -3-~2ol~f STATE OF IDAHO ) ss County of Ada ) On this ~ day of t~rP mbex' , 2010, before me, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk, respectively, of the CITY OF MERIDIAN, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ..•••.. (SEAL) : ,w`?; ~ p'T AR~~~ ~- . . • i ,' ~~ ~ •, • :~ ~ It~B4tG Ado. ••..... Not Public fo I o Residing at: ~t 1 Commission expires: l.~ DEVELOPMENT AGREEMENT (MERIDIAN CROSSING) AZ 09-008 PAGE 9 EXHIBIT A Legal Description of the Property n>escwmorl aan ~ctmzsrT cRO®eaavc AxrTracwnolY ~rm',-~.rnnctt. AWU37 M 2009 A PARCEI OF LAtia BEING A PORTION OF SE(:TION 1S, TCAMIISNIP 2 NORTH, RANGE t W6BT, 90IBE NO:ipDIAiL AOA COUNTY, IOIYIO, 89Ni; MORE PARTICULARLY OEbtaaeEO AS FOLLOWS: COMMEtICIN(3 AT THE EAST 1f4 CORNER OF SEtTiON f 8. t 3 N , N 1 W , S M ; THENCE N e~ts^aa' W t321,88 FEET TT! 111E NORTNEA6T CORNER OF 7HE NV17 1JI OF TIC SE 7N. THE REAL PAINT OP 9EOINNtl10 OF THIS OE9CRIPTION; THENCE S00'83'~d" W. 1Z00+~ FEET ALONG THE @AST LINE OF THE WEST 1T2 OF THE 8E 111 TO A PORI7 dN TNt NORTHERLY RIGHT OF MVLY OF MCI; AL ONO THE NORTTERLY RIGHT Of WAV OF I~ THE FOLLCNMING: THENCE 8 86'AT1P W, 81208 FEET TO A POWT, TFIFJICE N 88'1F98' W, BT6 51 FEET TO A POINT; 1HEi1CE N 84'0618' W, SIB 28 FEfT TO A POINT; THENCE N 8P275i' W, f8D 18 FEET TO A PONH', THENCE x 81'?;'9Q' W, 500 ~ Ffi6T 70 A POINT; THENCE N 86'10'88' W ibD BS FIST TO A POIIPf; THENCE k 81'2TM' W: T0020 FEET' TO A POINT ON THE WESt LAZE OP TFiE WEFT tR OF THE SE 174: i.fiAVINO THE NORTHERLY RIGHT OF WAY OF t~80: THENCE N DO'~D'00' E, t000 T~ FEET Ti0 T'I! 90Ut1iWEST OORNER OF THE 8@ W OF THE NW tA; THENCE N 0Q'98'48" E, 1828 T7 FEET TO THE NORTHWEST CORNER 6f TF~ SE 1N OP Y}IE NYY tA; THENCE S BB'16"I+U' 4 t3't100 FEET TO THE t10RTt1EA8T OORNER OF TF1E 8>; 1M OF THE NW 1lf; THENCE 308'3887' W, f888Bt FE@T TO THE 80uTHSAeT CORNER OF TFiE of t14 OP THE NW iM (CENTER tN OORNER SECTION 15~; THRICE 880"I4Ti4 E, 1321 S0 /EET TO THE REA! POINT OP BEYIMRBN6, CONTABIWCI 1 t0 28 ACRES. MDRE OR LESS Tune 26ti 2049 Q;t~ isPuos-s,~ai-noc~zt69.rDrAt PNlc~t. aae EXHIBIT A - 1 7}fi PARGtL aS BlJ6JeCT TO ALL E77~[N[9 iEA6EMHITS ANl1 OF WAY MIGY~a H MA~K6, Ptb NO 19M ` ruf® RAC ! F`~ ' I ~e1 iM Y01epM a1~'tMlf ~- - L'~'~--'WIL t n;~.m NGO Peii~C~ ~~ iP'4e1 01~ YMR ._ ,~._ t 1t iH '~ I ~ ~ I • (N ( I ' ( .Y mitt iIa f7GN61 I i.1R°: " fir- ero>w•. ~~~ 10! i/~ tltl~bYY~~p1,,,~ 2 ~ ~ Ubi~` ~ '31:~ 1~.7e eats I ,,~ ' ~ a ~ ^14 { ~ •~ ~ , ~ 2 ii - ~ ~ °TiE. 11 a~ N ~ g *~~ • h 1-..9~ {RIWJCI ' M I V ~~ I /f r trwtwo +w.> tMUCI ~ ~ EXHIBIT A - 2 EXHIBIT B of Fact, Conclusions of Law and Decision & Order CITY OF 1NERIDIAN ~ ~I~ FINDINGS OF FACT, CONCLU3iONS OF LAW AND t 0 A ti O DEC1S[ON & ORDER U tic Mattrr of tic Request for Aaaetcatloa sad Zoai~ of ^ '1'atsi of i lS.3f Acres a+f Lssd to the C-C {48.54 Acres); H-B {27.2'1 Acrvut); M-E (2257 Aerea); sufd R-40 {16.83 Acres) 7.onlag D1ttt'itta, by Jsstes Zeiler, Cage No(s). AZ-09~-U48 For the City Coaacil 1#tsrifg lute of Decrmber 8.2084 (~adlags on lie Daee~ber 22, 2009 City CorueB agarda) A. Findings of Fact 1. Hearing, Faces (ses; attached Staff Report for the herring date of I~oetnbar 8, 2009, i~orparated by reference) 2. Procxss Facts (ace attaches! Staff RepoA far the beating date of Dea:fnbar 8, 2009, iftcorporates! by reference) 3. Applitxtiott aad Propony Facts (see attschod Staff Rapoft for tha basing dace of Docwnbcr 8, 2009, incorporated by reference) 4. Raluinad Findings par the Unified Dovelopmerft Cade (gee a1tf~Cd Staff Report for the hearing date of Uecernbf:r 8, 2009, incorporated by rfferana:) B, Conclusions of Law l , The City of Meridian shall axarcige the powers eanferrod upon it by the "Coca! Land Use Phuuaing Ad of 1975," codified at Chapur 65, Title b7, Idaho Code (I.C. §67-bS03). 2. The Meridian City Council tales judicial notice of its Unified Qevdopmaft Code atdi8ad at Title 11 Meridian City Coda, and all cutrxatt zoning maps theroaf. 7'he City of Meridian has, by ordinance, astablishad the Impact Ana and the Amet-ded Cofttpralu~sve Plaut of the City of Meridian, which war daptod Augtutt 6, 2002, Revolution 1Vo. 02-382 and Maps. 3. The conditions fd-alt be nviewsble by the City Council pfuwant to Meridian City Code § 11-SA. ('17'Y rgF AiERt01AN FfNt71PPGS C]F FA(T, CX)NL'LUSIONS [1F' u-w ANO IIECISiUN t ORflEtt CASE NO(Sy. AU1lw-t~Q1 EXHIBIT B - I 4. ikle ccataideraiiott has been given to the comment(s) roc~aved from the guvanunahal stdalivisions providing srnricrw in dte City of Meridian Planning jurisdictioa 5. It is fouad public facilities and services requirod 6y the propa4ed development will not itttpase rxpenat: upon the public if the attached oortditians of approval arts imposed. tf. That. the city has granted an order of approval in a~+ordanee with this Decisan. which shall be signed by the Mayor and C ty Clcrit and that a copy servod by the Clerk upon the applicant, the Plarmirtg Deparbttatl. dte Public Works D~tatm+wtt and any affected PAY r'e9u~~8 relict. ~_ That this approval is subject to the Legal Description and provisions oftha pevelopment Agreement in dtt attached Staff Report for the hating dace of December $, 2004, iltccuparated by rrrfaatcc. The oonditiaas are concluded to be reasonable and the applicant shall meet such requirettteats as a condition of approval of the appli~tian. C, pccisian and Ckda Pursuant to the City Council's authority as provided in Metidian City Code g 11-SA and based upon flit above and foregoing Findings of fact which are herein adopted, it is hereby ordaod that: I. The appiicam's Annexation & T.aning request as evidenced by having strbrttitt+ad dtc legal descriptions and exhibit map, stamped by Michael Marks and dated August 26, 2009, as shown in ebe attached Staff Report for the hearing data of Dectanber 8.2009. is hesaby conditionally approved; and, 2. A D-cvebpmatt Agreement (t)A) is required with the subject annexation ~ aonirtg approval. The provisions of the DA are as shown in l:xxhribit B of the attacbod Staff Report for the hearing date of Deoanber 8, 2009, itrcorporated by referencx. p. Attached: Staff Report fa the hearing date of December 8.2009. CITY OF MERIDIAN FINt>fIV(i5 OF FACT, Ct)NCWSIONS pF LAtY AND DaEC'ISION ~ ORDER CASE NpSb AZ-a9~006 -2- EXHIBIT B - 2 By action of die City totunxl at its regular meeting heW on the _,,,, day of 2009. COtII~FCIL MEMBEit DAVID 7AREMBA YOTED,~ f~ j', COUI3CII. MEMBP.R $RAI) lioAC~.ux Y0~.17 COlINC1I. MSMHBR CL~iARb113 ROUATTREE VO'CBD•--- COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY da R-SERD VOTED '~- (T[E BREAKER) n ..~ ~-- Attu ~~u '% ~ ` '.! .~ ~sr ~s't ~ ~~~` `~'"'Y7 ^el'v!d .~ A~ZIC#ot, rT~~ ~i~ien tc - `` >~IiC Warke DapMt~nent and City Attorney. gy: Datad: ~ - a3 - i~ city ct +~ ctn nF tsntnw xnroa~as ~ Fnc~t; ooK+ctcisto~s o~ t.~w Ewa r~aon ~ oRnes c~ raotaa ~z~s-ao. -3- EXHIBIT B - 3 STAFF REPORT F#cariag Data December 8.2044 ,~: Mayvr dt C ity Cawtcil E IDIAN FROM: Sonya Wattaa Asaoc{ate City Ptatmer fi D A H 0 x0&8845533 St1HJEL'T: A'L-Q9-UOi3 - Maidiss ('roesi~ L SUMMARY D&SCRt1PT[ON OF APPLICANT'S RBQII&~f The app{it:saM. Jataea Zeiler. has applied to annex said acne a (oral of 115.26 acres. The proposed zaniog is Cfi (48.59 acres); H-E (27.27 acres); M-L (22.5? acres;: std R~tT (16.83 acres?, The applicant has su6mitfiad a oonoeptual dcvektprnent plan ahawirtg hmv the site may develop as s mixed-use planned devekrpnteiu bascd upon the Ten Mik Irttcrchange Specifa; Area Plan. 5r~ ScrfFnp !0 ojtke s1a;Q'reprrt,jnr• rao-x~ ininrnnata-n. 11, SUMMARY RBCO#1MILNDATION Stalf is rooorruttwtding approval of the pmpuaed annexation and inning and ccmcept aitr plan based an the Findings of Fact and GoncWsioaa of Law in Exlnbit D with the roquirement of a DevelopmeN Agraanent that iacladea the ptuvisions noted in Exhibit B of the staff report. >l~r ttaart~e toev tas~!eu m raoosme.a aaaasoru sa a. 1tn.~v aut Cs®mlaiot! 4tablie Aearitrtt: )w e. to i d. Msidiur Cmvsina SRI-Oq-gMl P~ i EXHIBIT B - 4 ly L >;..va~` adta~. WflasR dd~rw t$~IIRr iitoo f~ L tll. P1tOf'OIS~ MOTIaN Approvtrl ARer alt staff, applicaw and public testimory, l mows to appmwe File Number A7~09- 088. ss peraettted is rite staff ru:pwt for the hating date of Uccember 8, 20119, rvitb the following modifications. (Add any ptnpared modificatimrs.} IDedrl ANer considering alt staff, appticaM and public testimony. 1 move to dewy File Number AZ~04.006. as presented during the hearing on Detxmber 8.21109, for the folbwing reasons: (You should state specific tt:asotrs for denial of the armexation and yw must stave rpeeifa: rcasort(sl Wr the deniat of dre plat. } Cana 1 metro m continue pile Number A7~49~(1011 ro the hewing dare of tinsert cantitated hearing date here) far dte fotkrwhsg reasoatsl: tYou should stow specific reasottts) tar cotttirtua.noe.? lV. APPLICATIaty ATID ruor~lTY FACTS A. site A[.ocatian: 1'Irc site is located at 1485 S. Ten Mile Road; omtrally witltia Section I S, Tot+mrhip 3 North, l+tsmge l wear. tAda county Assessor Pertxl M's: 51215244200 a 51215427830) B. Ctwnerts>: Meridian 118, LLC woo Pasoo verde Patlsway x334 llendersoa, Nv 890sz C. Applicaas: lames 7.eit~ 2240 Pasco Verde Pmrkway #330 Henderson. tW 89DS2 D. IRept+ta~talive: Milts Witson. Staaky catwsltants, Ittc. 2264 S. Bcwito Way, Sta. l SO Meridian. ID 63642 E. Appiicattty StruementAustiftsxtiora: Please sx applicant's tvtr[aliwe for thin infortastioa. Alaidian 4tioaiai ALtt9.OOS pAGt: 2 EXHIBIT B - 5 V, PROCIs;SS FACTS A. 'fhe seibject appt~iraation is for att~exation and toaittg. A public herring is tegttired before due Plrttning dF Zatric~ Commission and City Gounrtil as this ttatter, noesisteea with Meridian City Code Title 11, Gbapttx S. S. Newap~er rtatifiratiasv published oe: September 2S. and October 12, 2009 (Cammirsion): Novvmtbtr 16, sad 30, 2009 (City Council) C. Nnticeo moiled to au6joct pmP~Y owners on; Sapanber 17, 2009 (Camm~iraion): November 13. 2009 (City Council) D. Appliram pootod entice on silo(s) on: October 2.2009 iGaasuniotion)~ Novctnber 3. ?009 (City Caunril) vl, LATiD USE A. >~ziuittg Land Use(s) and Zoning; This site coasiats of rota{ residendioltrgricultural property currently mated RUT in Ada Camay. A home exists on the southeast earner of the rite. B. Charsder of Swrounding Amer and Atljacmt Land Use and Zoning: 1. Nattft: Agricultural land (approved far futta~e residential oars il3sraYa 5ubJ1. zoned R-8, R- I5, and R-40: and agricWWnl land, rowed RUT is Ade County. 2, East: Agricultural land, mood RUT in Ada Catmty. 3. South: inleratate 84 4. bleat: Rual,+raidentiaba~indtual property, zoned RUT in Ada County C. }{[stay at Previous Actions- None A. Utilities; 1. Public Wake: a. LacaAiart of revs: 36 inch sower trunk main la:ate,d near the Pmdarrt Drain on the North East ride of the subject property. b. Location of wader: 'few Miler Rd and W Franklin hood. c. leaties or co~eoras: Noes E. Fhysicall:eoturea: 1. Catsalt+D~itcbes Isri~tioo: The Marvin Canol bisectr this property. Other atnailer ditcltoslcanala tratnsrae err lie adf snort m this property. 2. Hazards: Staff is not aware of any hsaardr that a:fat an this property. 3- Flood 1'isin; This property does not lie within a floodpiain. F_ Axes: Two auxsa points uD this site are depicted cu- the preliminary plat For Baraya Subdivision at the youth ord wart prgraty boutddaries. Plr~are sew Section 11C!>elow.!'w many Iryoratatlorr at roo+cc+rrs. VII. C4MPRfiHBA1$I~'E PLAN POLICIES AND ~GOAI S Latai [ass DesiQstiana: The sobject property is located is the area sub}eet to the Tea Mile laterchorge 5poci6c Ann Plan (7'MtSAP~. The Future Land Use Map (PLUM) codairted in the TML4AP deoigoalea the property err Meridian t:'rosrdr~ ~1Z-09.04'E t'ACS EXHIBIT B - 6 Mcdiutn High Density Residet-tial [MHUR) Mixed lase - Cwttimreisl [MUC'.), High Uatsity EenPloyment [HUF). and Mitaed Emplo}•ateat [ME). MHDR arms are IoaRions rErotnmatded pritnsrily fur relatively dense multi-family housir-g types such as raw houses. towttltouses, condotrtiniutng, sari apait»>estt buiidinga and coutPlexes. MHDR areas sMuld inchdc a tttix of housing types that achieve an overall average deuaity target of 12 dwelling unit per gross acre, c>ene<ally densities should range bvm 8-I5 units per acre. [See pages 3- b ~ 3-7 in the TMISAP far more ittfotmation.) The PLUM destg+aates rtpprnsliiwtely ?8+ arms far MfIDR ores: the prapa+ed coac~ept plan depicts 16.83 acres far MHAR rues cttnslstixg of apartatrrrtts, cYatdus, aid towahoases cnnaish~+iit x~th the land tcses plamied fw MHUR designated auras. Tl1e losrrl residetulal de~~rtapavent aria xould c~nsirt of 6.1 tax~r+hoiucr and 17! apart>rtentsr'oondattinttr+Ats with a density of appror(ntwely 13.9 dx~rlUng u+ttrs per acne, cransistent with the efesirxid ra+tg+e stored abm~e, Nigiber dettsiry residextlal det~,toptttevrt is prapased adjaaeiet to the R-l3 «ottrd praperry at the tiwvh pr»perty hawadttry, sari pwalwsrd ME sari MUC areas as a trnnsitiaa to caiioAerctal ores sari lox~er density uses propased intermeUy. MUC are intended far the devclapment of a mix of office, retail, rocrcatiorial, employment and other oars, incltidittg multi-family err sitgtlo-family anachod residenttal users. The harizotital std vertical inlegtation of tesidetuial uses is also essentia! in this area. Traditiattal ueigbbarhood dmign aont:epls with a strong potiestriarrarierned feats are essential. 'the goal in these areas is to achieve a flaer area ratio [FARj of 1.00-1.25 err more. "Elie MUC dt:sigoation calls for an overall target density of 8-12 dwelling orals per acre, with hiyltcr densities allowed in individual projects. No trace than 30°}6 of the ground level develaprnettt within the MUC designation should be used far resideetoea. (See pa®e 3-9 in the TMISAP for trture information.) the FLUM desigrwtrs apprrrriasarely !9+ acres Jrn MUC uses: the p-~aposed cmtcept plan depiaxs .tX,39 acres liar MUC uses cwisristing of gmraul lame/ retail xtith rrsidentiaJ abmae and par+Hiig strsrttoes. The area Wlsti inchtdes a cxatatuttniry park xhich ++till include xvttr featraes, an aaRphitheatre, pedestrian pathways and pkuas, dGting estahlLsh+neitrs errs! speciaUred rewil ter-viw: cvrtelsYem with the !sari uses planned far Mlit' derigraited areas. The apfilicxtitt it propw~ireg 3.19U paring .gwcrs'. aiwl 362,3t1U square,jeet a/ rerail/rr"staiirttnt space ix this wren. f'lavN' arru vtttios {FARJ xil! hr brtxren r+fr7~ acrd ~-6ti ~. xirich is-1ax Baildiag hetgAts will wuv. There are 799 tr±sidetifia! units proposed abraue gromtd h~-+rl retail resulting in a residaavial density of 16.I1 dw~eUbeg units per aer.. xl+ieb eareredc the target drnsiry nj8-1! d.a.laere far ML~C areas: specific developrtseitt sboxld be usrx+r taasisteiot xtith the totgirr density far this ores. Addititanrdly. future stractwrs should be rnnsisteru xylh the moarinatnt grraundlrvel rrsideirtial pcrxxmtage sprct/ird. HUE areas are rocettariertded as preilnttuuuttly o(Yiae, resmmh and specialized etrgiloynwrit atearr and generally da rot include retail asst cartsurner service tries serving the wider comrtaa,ity_ Limited hail sari service establidtmatts pritttarily setvirtg employees and users of the IIDE aroas ate etroottraged. HDE arras should provide a variety of tlext~tk sites for atrial!. !seal ar start-sq- bt>gitttxsea, as well as sites for !style tstitioaai or tog(attsl t:rrtsrpriacs sad rltuuld be deai~tad to etteourage multimodal travel and ocnvmiesx circulation to supporting services located within the area, HDE ardis could provide restaurants, iodginy and other services is srtPPor of the empbyntatt uses. h is ataicipatd that buildings will range is hdghl frtnn l-6 stories, have trial Hoar areas of 10,000-1,1100,000 feet. sad that the FAR will exceed 1.0. Dedgas that pratmte apes space std pants tae sbungly wroouraged. Sattaured parlring is also albwed, (See page 3-I l of the 7MIASP for tttore information.) lMaid'ws frmeais AZ-US+-0nY PAGE 4 EXHIBIT B - 7 The FLUM deslgnarer appe'oxanarely t3+ acres Ja 1r1~' rcrKt; for pvnpn~t concept phue depirkt 30.31 rrerex,J6ar HDE tars runsirtiag of retell grxrund level f~rb afjires abotit and sdund-slave o(JFce trace with parking sbrtraars. Thr tr~lcr canyxrnear x~ilf enc+vn;pvss appuexineatrly 1,07~R800 sgaiam fe,;t,~ and the ertall aed srrvire urea errnyttlnnenring rhr 11DE erne wilt enaar>lpass gpperourlnrately li8.Ot70 srprarr feet, The FAtY xvlt rongr leetrrirretr :-Jd ..77 and ~.3 ~ acrd rrf11 Hhehr haenseue as ~iltt..snsra one ~efed: barilding kelghrs xi11 tvQry Fwwr brefJdaegs skerdd be ratrsittetrt xt114 thr hrfglu, floor arm nrrd FAR stated abvv¢ far HDE ara+rrs. RestaanraeLs, retail rotes; std parkr err tit rrlrhia the AdUC erne ad,~arntt ra the FIDE erne in suplnrr of the earpfoynrwtt race; ho-warr, mr hxlging eases art rwrnretty praXrcrstrL Funar strrrcrares shoedd 6e c9wrrissrnl with the height a~td Jlaor area rvng~es aperifeed. urtd as sprcyJ~brd !n r1Ye respecriwe rarring district. ME designated atess ettcotuttge s diversity of onmpatible bud uses that may include a mixture of o~cc, reaeaz+ch and apeci~slibod etupLoymem areas. light industrial itrclerdmg matrufacturing and assembly, aad outer misoellanreotes uses, These areas generally do et01 include re;4ril sad cQttstutrer ~'~ oats serving ~ ~~ commuttiry. However, a small aarount of retail and savicY eatabtishmcnts, primarily serving errgdoyoes and asps of the ME areas or tteuby industrial arras, arc allowed. ME areas should provide a varidy of ftexibk sifts for wnall, local or start-up hersirnrs~ses, as yell as edtes for large national a regiutul artesprises. Ml: areas should be desigttod as lower da>sity suburban-style develapm~tts. W}dle (here ar+e as fined limits on siu of estabtishrtrrrrt or development itucasiry, it is anticipuexl that baiidietgs will range in height from 1-4 atorira, have total tloos areas of 1Q,Og0.1,g00.000 square feet, and that FAR wilt exceed .75. 1>yc FLUM rlrpicYS apiprardmatelq IU+ acrrs far ME uses: flee purposed cronerpl plan deplrrs I2.70 arrx of ME suer ronrvissting al" JJex ~re~, rrsrarrh and devrfopeaienr, and parking strttcturra crm,+iarerrt with ufa land ernes planned,I4r' ML' derlgrtalcd ara~ru. Fudrre raeK•trrrrs sh~wetd be conrlrAent xvth the height, float a-,ew, and FRR rnrtge~r spetifred, and as speclJled !n the respectfvr raging district Uvenult, thr pr+yfxASrsd ronreyx plan d~'~' WPIt+'~~h' it acn€~ fur 4096 +-/:) less A!!f1)R, apprndnwtely 30 acYrs fur bM6 +/-j more MtlC, yppnaadsvatefv !S acres far 3391 +J--) 1e~ 1ff18, acrd appr,uxinsatety 3 acres (ru 1395 +/_j ,nprp M~' than spawn an the futuir tared nee neap far this area. Per the 7'blJS+lP fpagc 3-151, the tares an the land' use map ato flaxtble. "'TlMrsae tlnra sbauld odjirat and evnl-+e ro create a place that is pulp an arte~aeed xiiotp--nrirdng uses trwh ~rrtically and hwisartallq, Kdrile protecting cirr7aln uses Bite low density rrslderrtia! angav,Jinnrt the lrypaets of c»ntegerclal ar lndtratrial deirelryM,eerrt .. Further, "The land use crap reroeovneeods ,lpenergl luaatlans for ~ types of fund user, and Tftrrstrrttrs bow these uses arse reloted ro erac~Tr other grogrepuVicaUv. '• The pmparerl canrep- plan lncfudea the inte,&tvtiren of a wriety r?J ores bulb ttrrtknlly oral harfseetwlfv to anxxrAancr xeth tlrr TiW1Sv11? f~ the proposed loratian of the d(a'evrent /anal acres is caxsisteret xtirh the TMISRP.• bow+ewxy: sra,©findt t/ee anroernt aj anea pr~prASed for tNNDl~ Mi;+C: soul 11DE uses dt,,~rrs sigrrlfttwnrly franc that sboxw rrrr tAtr FLUAl..lddltlarwlly, as neNrd above, - tlK, proposed rrsidrratlai denrity in rbe A![1C` designated arti*rr excrrvtr tbt target densftp Jfor that a-ro. As the demilx rl/'the rddseate~ devrlnpnnrrrt phrn nrsivr, there nwy lk nor rrypprrrtwetty tb bring tk~e futMrp uxslderrlapment rJdatr to the vision of the FLUM, Tnspsrbtbs: The transposlation piss oontainad in the TMISAP deports a tmjor eaulleroor street trsversit~g the site from the northwest carnet to the 9oudreast caetter and from the went baendary to an uoteraectian; at the iruersection the street oorrtienteea rwr4r to the ant boundary as a residetetial collator. The plan dgricts a minor a+llactos street >K the north boundary on the castexn portion of the Merrdias Ceeesina Ax•~9.aaa PAtit: 5 EXHIBIT B - 8 sere ootrtlecting to the tnajnr ooikctor street. Lastly, the plan depicla a 4-lane parkway at the stet botutdaty cernneetittg to the major aatlector atroet at an e»tnsextian (see ps~ge 3-22)- 11he nrrtirr type of sberrs rr~lec'ted on thr aonCept plan that rrw throwgh the site is awyror eallecror streeRr (ar Street Section C') as defined out ptrgie 9-12 ofdje 7"MIS.t P, Ike stre~ar sretloas~ wirkln tA~r P~ MHDR crr~ra »~tll ncxrmble residential rnllecrar st++errs as drjltrad on page 3-23 under Sorer[ Sectiaut A. Streeet sectiortr fn tke propound MCIC ¢rra xill rerenrhle ntiaar calh~c'tar street as dsJitted ern p¢gr 3-23 teAa~r ~raeet SiY~tion E. S7g8'has nwieveed the prrrpcu~ed muruporratiYut plan shmvn on rhr cwnaept plan and Jjnds thr basic alignnre+rt of the stneels shown ar rho rarrept elan fs eeutrfstent xuh thr awnsparr¢tioa plan oont¢ine+d in tht TMISAP. 37 ,~'alar, rrcwgnizrr that the ¢ligrunenl gray r,Range stfg~Frfjv with fiMure devehrpneenr of this site and ar{}acienr pr~errlra: The c'~pt plan drpicta rorotdahotrts at mgior fnrerserrla-ar firrs¢fe arrd e/frctieatt JraJfrc eirerrlatfan In arcrrtrhrrtc~e »ath the TM1S,1P. The appficmtt prrrpruas ro ¢c~ronunodare -wriotes nrndes of t-nrtsportatton »~fthtn ake afar ltrclrrding vehicle, bitycM, and pedestrian. Staff fitrds the fdloaing C:atrgfrtitensi+re Plan poli~;iea to 6e applicable to this appliaatian and apply to t}ie proposed use of tlria ptapcxty (xtafFanalyais in iralec~}: • tf'hen the City ettablishP+d its Am¢ o/' City ln~,act, N planned ro pm-idr City s+ervitxs to rhr sulyect property. Municipal servicrs are ar~aikeble ro the su6yerl prvpetYy and will he prrrvided in rheJblloxirgg ntamrer• %' Sanrtaly seNYr Ord Nwter Serr'fCe is available t0 ba extended 1tr the srdrJ~ect proyverry. r The lards will he srrvtcc+d by thr Maridian Fim Lkpnrmarnr (AfFDj. y The lands well lrr .ten~iced by the Mrrfdfan Pollee 1?ppartmenr (MPDj. ~ Thr rcrad»vQys rtt,~acent ro the .rrrbJed lards ara c7rtrrntly oNmed and maintaitred b!' the Ada Gauntry t6gh»vy 1)isrrict fACHDI. 7lYis .trrWcr will nW clutngr. -~ 7'he sahgierr lards one czrrrenlly serviced by the Joint School l3LtnicY #2. ThLt senic~a wiN not nhmrge. ¢ T1Yr s7r6~(ect lands one cvrrrsentfY srnNrY+d by tha Meridian Llbr¢ry DlsttieY. This seiviae xa11 not chine. 1lraricipaL fer-sriPlrorYe~d, srrticrs will 6e prarided !ry tba Meridian &tilding L1aal+wrtrncnt, the Meridian Public Wanks Departnrcmr, the ,{feridion Water lkparnnenr, the Meridian Wastexarter L,J6rp¢rottert; dre Meridian Planning Deparattent, Meridian Utility Bil/iryf Sernec+ea, and Sarrtrwy Servfcrs Contpnrry- • "17ivcraify ecawmec base of Cety - rrtake Merdian tttoee titan a "bedroom" aottrtnunity " (Chapter fY, Gael i!, page 2~ S'tq j/'/tnds tint pnoJwscld de-tr/apatent will pravrde an internee raix of r+rsldenttvl, cwnwntninl, ¢rd etiyplnviwettr oppa7uniries such as sanicr uses. afJicax, netoif stottnr, rrstuuranls, rasears:`h rand dereelopnrent, and a wdde wwYr{v yf residential horning. SY~a,(1•beliel~es the prrposed davelopmrat tvfll praride much seeded senie+ra and tngpkryrnant rrppnnhntittes »rthirt this ¢rea of thr City for rrsiden~ of nke Tm~srre i'¢!ky as N~eU as resldentr Uf tfie Cfry. Addlrionally, rte Trn Mile iaJettil4arrgr, when caralrlea:d, »yll provide c»+eNrttient amens to tkis dlr-~rlayxnrent frost 1-d4. • "Reveew now development for appropriate opportunities to cataract b local roads and mlleetors en adjamtt dcvcloprtterus." (Chapter Vi, C>aa1 IL Objective ll. Actiem 131 The cronc~ept plan shows erhfcular cannexrions w rwv stab atraett at the mrtrh avd northvvesr haratdFrries JFoar rho liarntya SrtBdivitian and has lipRn develope+cl tronsrstent x+ith tke u»crial! elrcvdation pattern smrattnplatedfn the TMISAP, rda~;d~ra crt~re;~ t+>s t'~1CiE 6 EXHIBIT B - 9 • "Plan for a variety of emttrnrxcial and retail crpporttruitrts within the Impact Area." {Cha~peer VII. Goal 1, Objective 8} The propposed cYagcYpr plod riepicls a x7dc variety gf c~aarrrnerocia! and rrtai! gppomrwities wfrh develtyarrrear of this site. • "Etsrute that adequaue public services, including inuasparutian, for esisterg and fittrar dweinpancras err provided." {Compeer VIL, Gaul lIi) WFth the constrarYlort ujthr Tra Milt Jasercharrge, a xawrby access to 1-8t fiat lieu site xdl! be pwavidccd. Adegrrats ::tort stns xstrcr services art availimbdr m d-ir site, Ths devrinper shall be respaunible ro txnrstr7n.Y Infiastrartu-~r to tits xuByrcYproprrrrY when dsvelapntent aectrrs. • "Provide far r wide diversity of hausittg types tsittgltrfacdly, tttodular, r»abile hotaes and urtlti- fansily arrenarts) tars choices betwedt owttetahip and rental dwelling units for atl irtcorne Krn+epx in a vsr;dy of let~tiarts suitable far rtxidential devclapttrnet." ({.'hapter YII. Goal V. Objective A, Asian 4} 77u rorxrpt pla8 irkludes a variety c+J' mridsntlnl r~purtualtisx irrchufutg ap~ortrrreirtslcvndamitiurxc, lnxwhf~raer. ti~rryicxllly fmc~rwtsd rNSidsnlfai. Tire pion shrrwar an area ojapp-xxrirmrtsly 1 S aches xith 6d taearhorres a+rd I71 aparlmerrrslrnrrdomeniumr aces xrth(a the M,F1DR strut. Air~prrxrNrwreiv 199 tesidsntral rarirx err proposed within the Mtlc arse aha-+e 1~+d level reran uses. • "Locate hiylt-0emity developrttera, where possible, near opwr space rorridas or other pennuxnt ~ja' aP'~ sP~ ~ P~ Facilities, t.Nd 'fawn, and treat major accros thix~oughtatKa.^ (Chapter Vii, Goal V, Objective A, Asian 14} Thg w~rrnepr plan prapasex a Jorge liacar open spacx carridur over a segarertt of the Nrmhwrst Plpeilxr that ezlsts oar this .tire, 7Re linear apes spade errsa is prapasc~d oajiactru ~ a lergc punt area coelnlydr-g ari aartpl-ithrsrrrr, smaller retail stoner. resrtuaeranrs, eras lakes. !a .rtrntstaty, Slrr{(jhslisves for propaarad cwooepf plan is sulutaalially crxsrstrrrt wish the ldsion wrd i>l-errl of the Corrprrhemri-+e Plan rrr atrticipwed lrr the TMlSAP. VIA. UNIFIED D$VELOPMENT t'JQDE A_ Pracpoac StatemwM of Zone: Per UDC I 1-26-1. the purpose of the coraarercial districts is to provide for the reuil and service roods of the eoaurtunity in rcoordanae with the Meridim oompr~er~s[vt plan. Six {G) districts the desigttsted which differ in the site and scale of comma+cial eattircttats aurcrtunadatod in the district, the scale std tnix of allowed wemxtacisl usos, and the taca4ian of the disaicE is proxmrity ro :accts and highwsys. Per UDC I 1-2A-1, the propose of the rtsidttttiat districts ri to provide fez a ratt4e of housing oppotteutities comiseent with the Meridian Comprctret-vive Plan. Connoctton ro the City of Meridian water and sewer systems is a requirertaeot for all rtsiderrtisl districts. itesideutial districts art distinguished by the allowable density of drrelGrtg traits per acre and cantapordittg housing types that can be aooattax~dated within the dernity range. B. Schedule of Use IJnifiad I7tvtlopttsettl Code {UDC) Table 1 I-2A-2 lists the prittcilad permitted (P), aaesaory (A}, carditiorrrl {C}, std prahibitad (-} tests in the R-d0 rating disaict. UDC Table 1 I.2S-2 lists the priacapal P~~ (~l, aoccas~ory (A~ ccrtditional (G~. and pr+oitibitod (-} uses in the Cfi, M-E, anti H-E coning districu~. pry ore teen explicitly ii~ed, or listod as a prohibitai use is ptnhibirad. C. Ditnrnsiottai Stsodards: The s&e ~rrN eampiy with the dinfenrioaal stradards fisted m UD(' Tine 1 I -IA-S far the proposed R-40 district, and Table l I -28-3 for the propaad C-C, M-E, and c>a Az-u9.ous r~cE a EXHIBIT B - 10 H-& zoning di~ritXa. D. Laa~sapiag: Street buffer budscapinyl shall be: irtrsaikd in scoordnnec with the standatdr Gstod is UDC Table 11-2A-8 far the praposod R-40 di~rict and I 1-28-3 for the prapoaod G-G, M-E, sad H-E txtning disttids. Parking lot latedscaping shall 6t irtrtalleaf in accordarrae with the stattdatds liatod is UDC 11-38-8C. Landscape Lut1as to adjoining reside~ial toes ,dtall bt itwtalltxi in aocotdaace wilt the standards listal in UDC 1 I-313-9C and T'a61e I 1-28-3_ ~. OfT Strcet Parking; Far Don-nesidattia) use:a, one affzXr~ parking space is roquird foe every 500 sgttture feet ofgtnsa float arcx; pricking areas shall be designed in accotdntrx with the statdards listed in UDC 11.3C-5. Additiamally, one bicycle parking apace is tsgtdred w be pmvidod for every 23 proposed vehicle: parkins apaora, or portion thenxrf: is aom~dnttroe with she standards tiuod ir- UUC 11.3G•3C. Far reaidriwial uses, the required number of otT-street patiring varier aooading to the rauriber ofbednoottw per unit (see UDC Table 1 I-3C-6 far store infattrtation). IX. AIYAI,l'SI5 A. Analysis of Factr Leading to Staff Raxrntmwxlxnon: Tire Applittptt is rcqutatiog approval to annex sad mate a total of 115.24 accts congistiag of 48.54 acres to the C-C rotting district: 27.2? acres oo the H-fs` za~nitrg, district: 22.57 acres to the M-E zoning district: and 16.83 acres to the R•40 »oniag disttbct. Staff believes dte requested Cam. H-E, and M-k districts are appropriate and cmaistatt with the futtut: land use map desig~ians of MUC, HDE, sad ME rrapettively for this area. A rmidendal density of 13.4 dwelling units per acre is proposed itt the t+aqueated R~0 dirtrid within the MHDR designated area. 7'Ite applicant is nsquestir~ R-40 zonittg to allow for ilexlbility is the height and size of building, f9otpriata of the prnpoaad residential sttttetures, Although the R-13 disfriict is rrttxie cottaist~tt with. the proposed density. because this area i* kteated widrin the T1NISAP aril is anticipated to tx sutrauntbd by multi-story. high dratsitylitttettsity uus, staff is supportive of the pto~ed R•4Q aottitts, providod [hat the overall demity and developnteot atstdards is cnnsisterrt with the TMISAP for' MHDR designated arms. Addititrual[y, davelopttxat within the G{' district should be consistetN wish the dero~ebpmatt atatdanda for MUC designated areas as detailod in the TM15AP. There should be a mix of wes lie. office, retail, mrosaiamal. ernploymacu, and other user, including nasidmtial -rrea) ~ defined in the TMISAP. Co~axpt Plan: Tbc applicant has submitted a concept site plan with the annexation requew showing how the property is prvpoacd to dcvolop with flat otlice, cnrtdos sad townhouses, ground level retail with residential. above, graurd level mail witht office abovq raeaaeh std drwelopmau. restacrratsts. ofLicra, parking stnxtures, sat ttmphitheatne• and park areas with lalxs isoc Exhibit A.2). The rxtttoept plan illustrates buildings brought up close tp the strned with baldittg 6aght sad orienttuiott is context with the irrtatdod use of the building sad rite location of the building in rchuioa to alter uses. W ith structurra brought up to the sidewalk, a wider sidc+salk is proposed to allow Far arrest treas. stroll furniture, outdoor patio aeattg. and ample roost for podtatriaa activity. Otratroet parking is proposed thrvug}wut the site. Oft sired parking is prnpased is paakrtg slrtretures located behind buiWioga or invorporttted within the building stntcttu+e. lVortl~sest llpeMoe: A 3,40afaa larttg section of the Northwest Pipeline bisoats this site and nuts from the southeast Darner to the rmcthwest eamer.'fhc Nattlrwest Pipeline is a naauxl gas pipeline that serves as a printery artery for the trtanarrtissiat of natural gas to thr Pacific Plorthwrxt and ltttamatmtain Region. tduidMn [iossisa Aztil9.008 PAGt 8 EXHIBIT B - 11 The eorroepl plan depicts a 75-foot wide rieM~f-wayllamoem~ctd far nse by the pipdute c+ompwtfy. Atl develapwwt siaa oompiy whti tie lYrstitveat f'ipaiire Davekpoant Cnddelbwa. An eaetrvar~aat permit tt stantftrod for arty devdapueteatAttapravetttenn while tit pipallne asr~eeM. Nottiweat lipe#iae aatggssb that trees tttteh a dayetuea, seiorht, iaapiWs, atstiated prhae heilities, ales. wbme aec~paab are nvt nbie to leave the avert gtricbly io eue at o emereeaey, rre dkeorrtr;ed witbht 141) feet of tie astttal laetttiear K tie pipellae. The easetttatt it: proposed to be art open It>rdscapad area with lattdaape rttattaial sect trtethods approved bY' ~ Pile ~Pay~ Vdtictriar croasittgs ova the pipeline arc limited sect one tNtttatod at a 46 degree angle. The City hat; beat advisod by Nathwcst i'ipciir~ that dovdopment of tlsis tote with a higher itaettsity of ttre than the existing tree wiU t+ogttin sigrtilioara imprt»warteots to the existing p-P'diae In this location. Typially. dteae ienpruv~anerNa are txxt~letod by the pipeline campetty after developtrreN occtxs and any iatprvvements made within the easement ere tarn up. Strb $ttrsaq: 71te earwept plan depicts 7 stub atrods ~ the borrtdaries of the site in various location to prtrvide Cpture oonttOClirity with adjacent properties Stub streets err prvpased at the west boundary to the northwest eonter of the site and at the north boundary to connect to planned streets in Baraya Sttbdivisiorr at the west bctatdary further W the south: at the east boundary on the north std of the site; an the east erd of the site at the north boundary; and aA the east btwndsry is two locatitms for future connectivity with at~acxra parcels. Maltl-tire Partway: Ten-foot wide segment(s) of dteE,ity's adopted multi-tree regional pathway system will be oortstrtscted within the site in trwordattce with the Malta Pathways Play in the garnet loetniorrs need in groett ao the plan irtchtdod in ixhibit A.4: crutc~t ktcation of the pathways shall be deHamitted by the Plnnnirtg Depsrtmeat and Pastes Departmem et the time of developaoerrt. Said pathway shalt be primarily located within the pipdine ersergpn urd prarvide caestedivity to the ptanrted pathway in sarraya Subdivision at the northwest rArner of the aiee. Pathway ~utr; shall also be provided at the west bourrlary furtlser to the earth and m the curt bourtdrry as the north end of the trite far oemnaxivity wish futtae segue of the pathway. Parlti~ yotutaat parlring attvctures ate depicted an the concept plan to provide puking for dtture uses on the site. camiatent with the TMFSAP. Lredwspitsg; Street bufTa landreapittg, iraer»sl parking let Iradsespirg„ rrd latdreape bttfTas to adjoining residential tntes will be required with developntatt of the sits and shall be ioealkd in aocordatsoe with the ateodards listed in the applicable section of ItUC 7 I.dB. Fora: The applitent has subrnittad pictures showing oancepttul bt»Idirtg designs that will be typical witlan rlte pnopasod development [see l:xhr3it A3). Building heights are prapoeed to be generally 46 etoeies w ith a fe+r taller buikfittgs lat:ated in the MUC era. Lnw rise retail and restatnaffi tgrace will be provided within the txntral littoar park. which will atkrw easy access fear adjoining ores. Stafr is suppptivc of the coaoept buihiieyg designs. l=utttre buildings shall be cotwistem with the City's Design Mental, the TMISAP, and the UDC. Csrtllicate of Zaaileg Cattepliraca {CZC): to ensure faaure development of the site is conristsnt with the DA provisions twntained in ~tthibit 8 of this rtipart, the Unified Devalopatettf Cade, Ten Mile Irtterdtaetpe Specific Aver Pbn, Cat~nelrertsive Plan, and Desiprt Manual, a CZC application is required to be subtniuod far review and apprwatl by the Planning DoparEtaatt prior to iastaurt:c of bttildirg permits for arty structure(s) within tlria site. Devekpateat Agt~mrtat: UDC f 1-SB-3D2 and klaiw Code ; 65-fi71 IA provides the Chy the authority to ret{tr&e a property awrter to enter into a Development Agreement {DA) widt the City drat ttny tttgttire some wrieteti coonttitmem for all fltptre trees. Stag betleres tint a DA fa tNaridian Crasr6K AZ-09-Y08 PACit" 9 EXHIBIT B - 12 neoe~ry to esisac~e tlwt this pt+operty Is deveJopad hi a bctltisct that h aapsWsn/ with the oaacya+elbea~ive pltto artd doss twt tteEatlvsly 1mP+ct aiarbp ptyperliea. If the Ct>mmi~iort tx Cctwcii feel tda3t additiartsl development aareenteet provisions ere aeaaaary, stiff roooacattnds a clear atulate of the vorntttintteats of the developer being regttlrod. Please ace Exhdhit 8 Fa a Ihrt of DA pravlNorr sp~a6ic b tMs shk. In sut>vrury, Staff ii suppartivc of the ApplicittPs ptapoasl to tutnat this: sits with the prr~pased Ry40, C~C, H-E, and M-E caning daigttttti~ats widt the tecornttte~tdad IyA pcovisitms listed in Exhibit 8 of this iepwr. X. EXHIBTi'S A. Drawings 1. Zoning Map Bt Aerial Map 2. Concept Sitc Plan 3. Concept Pictntrs 4. Crastcwi Location fps [Zl~IOnil. PithWiy 5ysretri B. LLMllrlenti~gldMltlnS tff Approaal. 1. Planeityl Deputme~rt ~. Public Works Deputman 3. Fire Depattroent 4. Piolice Depa~tmp-t S. Puki Deparena->t t5. Sanitary Service Cotttprtny 7. Ada l-aunty HigMrnty gir~ria 8. Idaho 1'ransportatian 1]cpartmeru C. Atmextgiom Legal braaiplion d; Exhibit Msp D. Raluirtxi Fitdit-ga froru t)edfied []evoicpmptt Code Maidiin f AZrtW-DttB PAGE 10 EXHIBIT B - 13 ~_ , i -`'!~ I > h._~a _. ~_~~ ~~~ " ----.-- li. F~~~ $ ~~' EXHIBIT B - 14 A. Iharrus~s I 7.onin~ Map ak Aaial Map ~, {; Site Plan P 1,,.' ~~ ~ w`' _~ .. ~ r.Wt M.s ~ i ~ 4.. S +iW -.. 9C F r •7 . ~ f ~ R Yi cv. .,. ~ ~ SA- -rM~.~'.` rY MaF~h' It f'Cr A, .inM1k .. C ~..r .. .. rr x 1. .. ^- . ',,~~, /J ~` r M^ .i a ...: °` ~ ~ see ~ ~ ~, ~ t y .¢ hx ~. ~~ F,nb~p 8 Past ~ EXHIBIT B - I S 3, i'agcepl Prctta+~e ~~ .~ t $, ~-~ ,~• y ~ ~;~: ~ ExdiMt B Pt~r EXHIBIT B - 16 A. Cienctal L.oCSGwt tt~' Reg~aaul Pathway System fi+~i Exb~lAt <' P~e2 EXHIBIT B - 17 EXHIBIT B: AGENCY ~ DEPARTM~HT (YMIMk;NT.i On 3gttetttber 24, ~0I14, Platetin$ Staff held an ag~rcy mnancytta meexing. The sgearc~s and M ~ ~~ i~~ M P~ ~rUn~l. Meridian PttbliC Warfcs Dr{>trtmdtt. Departttteta, and Sanitary Service Corttpetty. Staff' has inclttded all taotnmatts and tvcommettdal actions is rite anat#ted Exhibit B. I. ti't.,wt~tunc Du!'nft't't-ttxt I.l The lags! dxxctiption std tothibit trop far rite arcs contained is the proposed esmewtion sttbtnitted with rite application (:natttped on August 26, 2tI09, by M~ltaet Marks. PLS) tthows the property within tits exiatins corporate ttouttdary of the City of Merdiap (sec Exhibit C). 1.2 A Drveloptnettt Agt+tt (DA} wiU be: required as pout of the aaxyeaalian of this property. Pear W the aonexatioo ordinance apprm~al, a DA shall be entered itslo baween the City of Meridian. the IxoPatY owtter(sj at fire time of antnexatiott ordinance adoption, and dfe daroloper, The Apptirant shall coetgtx the City Attorney's Offece within one ya'ar of Council approval to initiate this process. Cttmattly, a fsc of 5303.0(r shall be paid by the applioam to the City Attontey'a oflisx pnor to coatmeucomem of the 1)A. The UA shall, at minimum, ittcoryx-rate rho following provisions a. Eiritlal!ieaa, An ertcroec6mertt pc*mit is realuirod for art}' improvements ptuposnd within the pipeline casctrtrnt. A copy of Ute eaecutal ertcmachmeot attreetttent shatl he stthanitted to tbo City prior ro isauaoce of say Ceitifitate of Zoning Compliantx far this site. ~1eMhwaat P~~se+t~sisihat rises such as daycares, achoots, hospitals, assisted living faeiiities. etc, where occt>pants ate not able to lease the area quickly in case ofan emetgtatcy, ate discouraged io rie sid~ily of the piptsline. b. Strexx buffer landscaping, lnteaetal parkityr lot lendattipitrtg, landscape buflFers t° atljoiaittg rcsidemrel uses, add tttttigaoicat for existing trees 4-inch caliper and larger that are removed From the alto, will be noquirad witlt developmem of Otis sire std shall be ir-stailed in acco<drartx with C: uy of Meridian ardirwtces in effect at the time of dsvekpmettt, c. Developnrtad of this sue she11 at~sMAtigllp,ear~ wuh the concert site putt shown is Exhileit A:2 utd ilu concopi picturts shown in Eahibit A3. Portico, futurr 17ea~'grt Marwa~wd Citc y o 1WeridiantoKiin~xax eHo~ aldthestttta of davelope~ien. d DeMeloprae»t in the R.40 district shall be coasirtatt with the ovtxall dt,rtsuy and drveiopotdtt standards corMained in the't'as Mik Imettltartge Specific Area Plan fro Moditun High Denauy Residbatid tMHDR) doaigasted tuess_ e- ikveloprttery in the C-C district Mail be comistettt with dte development stattdirds cauained in the Tea Mite laierchange Specific Arra Platt far Mixed Use C°tntttert-iai (MLfC) designated areas. Uses widtia the C~C district shall 6e comprised of a +pix a~f uses (i.e. office. retail. t+axeational, etaptoymenl, and outer uses, includit-g resideruiat uses) as defined is the Ten Mile lWlerchatgle Specific Arcs Ptah. f. A 10-foot wide segmdrt(s) of the City's tnuhi-use regional patbway syaem almll be ootWtttctod tm the site in accordatce with the Master Pathways Plan is the geacrd krrations need on the pla» included in Exhibit A4: exact loctttiort of the pathways star!] be dderminert by ~ Departtnaat sad Parks Departrneat ~ tEte tinge of tkvdopment. Said psthway shall be pritmrily located wiUtia the pipeJitte easement sad provide corataetivity to the plattaed pathway in Harrays Subdivieian at the nerthweat coma e-f the site. Pstltevay stubs Ertliibk C ~3 EXHIBIT B - 18 shall btt provided ~ the west btwtdary turthc- to the sottth turd m rho auA batndary an the north end of the site for oortt-e~.vily wish fltuu+e sagrriaaa oC the pathway. g. The applicant shall w>rmit a Certif-cate of 7,oning Caenplaace apptic~ion ro the Plrw-ing. Ut}tartmettt for approrat of aq future urns on the cite w ensure carrpliaocx with the Unifies; Devdopimart !;ode, Tea Mik ltuteachttttge Spocifu Area Plat. Cntnpreheaaive Plan.l7raign Marwat, and provisions of tttc devalopmcm age+esrrrent c+orastined htaent, prior to iseumce of buildit~ permits for aay strtttAttre(s) within this site. 2. Pust.ae Wwttcs llcrnR'tt+eR:ntr 2.1 Sanitary sewer service to thic dcvdoptnart wiU be via atrtenaotl of sewer trunk train taralai rlortg the Purloin [)rain. The applicant shall coordinate a sewta cartttcetion to the: existing 3fi each tnmlt mein tttatthote located in the North Eaet corner of the property. The appticatrt shall itsrtal) ntaitta to std through Chia subdivision; applicant t1taU txrardinate rttaitt aloe std routing with the Public Works Departmevn, and rune atardard fosrr>6 of waesoents for any mains tkat are required to provide service. Mittitntun enveT over sewer mair-a is tlrrac fes2, if cover firm top of pipe to sub•grade is less ttiart thrtie face Utart a]trnWrte materials shall be used in eonfonbance of City of hltnidian Public Warka >Xpantaertta Slartdard Specitcauon4. ?.2 Water service to this site will being via exteasirn of rttains in Tat Mile and Weu Franklin tc-nd. The applit:ara shall be nespoasibk to itwtall two wets! canttoctiats due to grc slow taquiearterac, The applirad shall be rrapaetaiblc utj install water »tains to and tlrrougir this tievelapmreat. coordinate main size aad routing with Public Wnrks. 23 The applicant Wray be required to install a PRV at any location ttexded W ailrttrot the risk of cwntlictiug pressure Hones. Coordinate siu artd loratiea with Public Works. ?.4 Tba City of Moldier requires that prtswrized irriguioa systArro be supplied by ayear-round source otwater (MCC 1?-13-8,3). The applicant will be requited to use the City of Meridians reuse water tarpply for the primary source otirriEation. 2.S The applicant shall provide a 20-fast rntrtnatrn bt f+u all public wst~ertsewrr mains otttsidc of public right of way. The e:anvrxxr lot shalt be covered wAh a blaJtet easanertt m the City a}' Meridian. 2.6 The rpplieatfa shall provide a 20-foot esaartent for all public watea'aawer t tnttsicEe of pnbiic ripJtt of way (iochrtle all water setvicec and hydrants). The caseanmtra shall not bettodicated vis a plat, The description shall be graphkalty tlt~icted a~ rc+corded as a separate doctunent using the City of Meridian`s etardatd forms. Submit an escorted easement (oa the form oval table 6rarn Pnbtie Wants), a legal tiearription, wtticlt mrct irtcltrde the area of the easauaat (marked FsXHIBIT A) and an 81;2" x 1 l"Harp wiUr bettringa std diatanaa (trsrtlted EXIlTBtT B) for navie+r. Bath etthibity !twat be sealed, aigttbd and dated by a Frofessiottal Land Surveyor. DO Nt)"f 1iLYUIIU. 2.7 ACI itrisstuioa dstcttee. tatet~als or t~ttala, exclusive of natural watt7vtays, imersectittg. crossing or lying ttdjtaxnt and ex+atsgtxxea to the area being sttbdividod shall be Iilod per UU(: 11-3 Ate. P'lanc shalt be rltpnved by the appropriate arigxtiert/tbainage dialrict, err lateral users association {ditch awtrets), with writtw elrpraval ar rtat~pptrsva! submitted to else Public Wants Depsetmna. If lateral assts association approval aa't be abtaintxi, alternate phttts shall lte reviewed sad approved by site Meridivs city Gtegiooer prior to the isattarpe of a bulditt& permit. ?.S Any existing domestic wdl syaran within thin project shall be removal from dorttesdic atrvioe per City (ltdinance Section 9-1 ~4 std 4-4-8 coaarcl the City of Meridian n8 t)eparuttatt at (?U8~98-5501) for inapoctians of diacoaneaion of services. Wd1s tttsy be used for tiat~dameatic ExtttUit C Pstts EXHIBIT B - 19 purposes such su ha-dd~capc irrigation if appnnvod by Idaho t}epartmem of Water Reatsunxa Caotsax Robert 8. W'Litney at (40fi)3'~M1-2190. 2.9 Auy exalirrg septic systotns within this pra+je+a slab be rawved from servioe par City Qrdissanoe Sesxiost 9-1-4 and 94-8, Caatact General District lim(lh far ad~doataml peoe~ and rraperrissns (208)375-S2t 1. 2.10 with L~eveloprrtwtt alt su+eet sigsp arc to be in plate water syaeat abaU be ~prvued and activated, feaeing inaptlkd, draittege Iota constrtst:tod. rued bane ~~ by the Ad. Coamty Highway Districe sect else Final Plat far this rasbdi»aion shall be tecordcd. Prior to applying fsrr 6uildutg pessnits. 2..11 A letter of edit w cash susexy in the sunotart of l 104+. will be required tar all uooounpldesl fencing, landscaping, arsta»tirs, pseastn•i~ted irrigatiots, smear!' sevrer, water, dc., prior to oMainisfg orstifiaatas of occupancy. 2.12 All ttevckopmecu iafptuvemetrts, including but rot lisrutrxl to sewer. fencing, micro•parhs. pressurized irrigation and taadscapissg shall be installed and approved prig to obtaining c~ertiticates ofaceupancy. 2.13 ApplicarM shall be rcquisvd to pay 1'ublie W'arks dcvskrp~m-nt plan review-, and uouseruction in~cctian fens, as determined during the plan review puacess, prim to constnteton plan approval. 2.1 ~ Applicant shah be responsible fare appiiicatiop and conspliance with any Section 104 Permitting that spay tae rcxptisetl by the Array Corps of Errgirtcers. 2.1 S t7tvelopea shall caordisntc mailbox locations with the Meridian Post tT~t'sce. t 16 All grading of eke site shalt be perfamted in oatfamtsncc with INGC l 1-12-3H, 2.17 Compaction test results shall ba submitted to eke Meridian Building UGpeetrrxnt for all buiktiag pads raxivissg engineered backfill, wttene footing would air atop fill taatcrial. 2.1 B Tile engineer shall be required w aeAify leap the street aentaiine elevstioea are sa a minimum of 3-feet atsovp the higltest establishat peak groundwater elevation. This is to enar+e that the bottom elevation of the crawl spaces ofharnes u at lcnsst 1-foot above. 2.19 TAe applicertta design extginea shall be responsible for irwpectioa of all irrigation attcUnr drainage fsciliry vrhlsia 11»a projeG that elo not fdl undo the jasiadiction of mm irrigation district or the ACRD. Tim rleaign neegimeer shall provide oerti6taMioa that Ilse fiusilitira have beam installed in accatdaaoe with the approved design plans. This oettificatiat wilt be roquirod beftm a certificate of occupancy is issued far any structures wigtio the proj~ct- 2.20 At the cotrtpletiort of the project, the applit~st shall be respansibk to submit roccud drawings per the city of Mcridiau AutoCAt) standards. These reenact drawings rases 6e received and. apprt-va) prior to the isswnce of a oatificapon of occupancy far any atrta:tura a•ithia the prajett. 2.21 t?ne hundred was, tugh.pressut+e aoditnn streetlights shall be requirod a< locatiora desigttalea by the Public works Department, Atl strtxtligMx dldl be itutdled s! atlbttividePs ettpense. 'typical locctions err at street intastxaioas atr6nr foe hydraraa. Final design locations sect quantity err daerssurtod aRa power designs arc compktad by bdabo Power ('.orsiparty. Thc street tight contractor shill ablain design and permit Gam the Public Works UePattmeut prior to commencing installations. Echitar f ~~ EXHIBIT B - 20 3. F1Bt. D[P~RtMgm' 3.1 Acar}tttatce of the water supF-ly fitr fire praectinn will be by the Maidien Fite Depettituas read water quality by Ufa Meridiut Water Depantttt:nt Ax bacteria . 3.2 Final Approval of the fire hydrant locations shad! be by Ilte Meridno Fire Uepartrnatt. s. Fire Hydrants shall have the 4 'h'" otttlot fatx the train t#~t or parking iat sink. b. The Fitt: hydtaot shall oat facro a street which d~ocs nd have sdtlt+cssos om it. a. Fite hydrant mwtlta's shall be provided per Public Woalcs spocificationa. d. Fire Hydrants shall be phuod on ottrrtas when spacing permits, a Fire hydraitta shall rwot have arty vertical obstntatians -o outlets within 10', f. Fire hydrants shall be plaood 18" abov~c ftrrialtod grade to the ocnter of the 4'h"artists. g. Fits hydrants shall be provided to most the requirentctra of the IFC Sactian 5095, is Shaw t-ll ProP~ ~ g hY+~rts for ere ttew twestrut~ioa or sdt>Itiosn ~ sxistlo` bnihltngs vrit#dn 1,906 fat of the project. rdin.titer e.~--~s ! ~ Ceet sf fL~ ernJ~et sows et~ier ao doh aursertr Ae~o 3.3 My roadway greater than 15t1 feet in length that is trot providod with an otukt sha11 be rasquirt:d to have an appr,orrcd wrn arattnd. Wtssittg of the pt~a}eat rosy roquirc a te+nptxary appa~ovod rum around oat atrecta greater thstr 1 Stt' in length with no outlet. 3.4 All catbattcs and irtteataal roads anti alleys shall have a turning radius of 28' inside awl 48' outside radius. 3.5 Fire lames. streets. and structures uachrdittg the canopy hesght of aaetute tapes shall have a vertical clearance of 13'6. 3.6 t)paatieasal Drs hydraraa, temporary or pertnaata-t street aigna attd access r>,aads with am all vreatltsr aardace .errs t+equircd before cAmbaa~ible «>nrtstttxian is httwgltt oat site. 3.7 Ths roadways shrdl be !wilt to Ada (:ounty Highway Stst~ds cress ara:tioat rogttiretaaus and shell have a clear driving susrfacc. Streets wah less than a 29' atatxt width shall Barr tra prating. Stroels with !seer Iltru 33" shall have pNrlcinQ qtly ort atrc lido. Those rttea+wterruetks shall he based on this 6ae1c of curb dianeasioa The roadway shall be abk to arsooarmodme an imposed lQnd of 73,040 GvW. 3.$ Cnatartercial and office oocupsncies will require a fue•fiow aoosistatt with the Ituernatioaal Fire Code w sarviex the proposed panject. Fire hydratwa abaft he plstxd pet AppKttdi>< U. 3.4 The firve dcgwttraerx raquesta that arty future si0nalisalion ieuaathxl sn Uu rarstah of doe development of this projcd be ocptiipped with tlptioom Sensors to etuaa+e a safe and efficiatt t+tapaatse by foe sad asttargency medical sentice vehicles, This vast of This itWallatian is w be boattc by the developer. 3.14 The Wet digit of the Aipanat~t?fhrse S~ alter!! cartaapatd to the floor ]ere! 3.1 i The appticara shall work wid, plartrrirtyt Oeparhrtena staff' to peovide as addretts idntti6cesiota plan and a sign which enema the t+equiremt:ntx d the CSty of Mrridiatr sign tttdirtarree a the regaaaed inteisectintt(a). 3.12 AU agiocts of` rho buiWirtg systems {including exiting xyatema), prc>Icrsaes di storage prapicea sh+dl he teyedred w et>mply wilt that 6ttataatiottal Fire Code. 3.13 All pottiamc of the huiNirttpr loatKd en this project roust be within 15D' of a paved aQfsce as mesatred atottnd die prxinrtster of the bttild'ntg. £shiba C Page b EXHIBIT B - 21 3. t A 1NMrets a pnrtiott of tltc fat:iiity nr buiWirrg her~fter ewaedttcted ar tnoVOd usa yr whttin the jtariadietern is mane then 40U foal (122 m} from a hydrant em a fare apparatus aooeas ruse!, as ttteasrrrd by an appmvod route amutd 1ha exterior of the facility ar builditgj, art-site fur hydrants and tnaips sha0 be provide! whar nxryiroa by the code olTrcisl. Feu 6uildit~r e9-dPp~ with an eppr+nvud auturro,ric ey,nem i,udeMMdi in acexKdoeroe with Seaxion 403.3.1.1 a 4!03.3.1.3 the dunce ehslM tae ft10 text (183} a. Fax Group R 3 and Cmtup U ecpq~str~aes, the dislturre req~riteenrera shall br 600 feet (183 ai}. b. Cor buitdinga ttyuipped ~ wiAlr ~ autnntatiC sprinkler aystaa iet+tallnd in accordance with Beefiest 903.3.1.1 e~ 9033.1.2, the etistaaex requieetnratt shat! be 5bD beet (183 m). 3.1 S All R-2 csecupsecita. with 3 w awre units shell be rrcryiird to 6e fee stxndckt+sd• 3.16 Titers shall 6e a fve hydrant within 100' of aq fire departmas txtroroctiorar. 3.17 Bui]eling+ over 30' in height art requirod to have aooess roads in aetcadante with 71tc I9onat Eire Code Appendix D Sacrist 0103. 3.18 FJtretgettcy tr3purtse routes and Err !areas shall not he atk-wexi to have speed hurups. 3,19 CC1MMp.RCIAL AIYD IWDUSI'RIwL - >?trrldings ar facilities exoeetlitt8 30 feet (9194ttan} or throe stories en heists shall have at ~ tlrrne means of fare apparatus aaoess far eadt atrtrcturre. Two of the access raacis shall be plaood a distmce apart agree! to rtht teas than oetc half of the knsilt of the ervtxall diagusal ditnexrsiear of dK propaly tx area to be smcd, in a rbai)~t- Gne. 3.20 t4tpMMF:#ICiAL ANiD fl+tiHJb"t'RIAL - Butedittgs or facilities lining a grors building area of ttuxe ilrmr b2,0(q stitmrc fop f57b0 m2} shall 6e provided with taro separate and applutioed far: apparatus aaoess wade separated by one half of the maximum overall tonal dit»et~ioa of the piopaty ex aria ro be raved, mcsatuod in a spaiyM line bexvreen acer~s. BxegAian; ProjaYS having a ! building area of up W i?A.000 septets feet (1 t 320 ~} that have a single apprtwod fee apparatus socesa :road where all t+uiiditrgs arc agttippod ttaousltout witkt approvod sulaaaatie aprinitlez syslcan, (Reanotpreau Requirt~) 3.2I 'E3e appUtut tdtdl s~sait detailed pleas of rotiodabaub for reviser sad rpprovai hf' the Fire DepaetmetN. 332 lie proposed psvj~ei w!1 ragrhne •vsdhhWty of • ladder hhrek rrWitr I'h salsa of its praject is ser'ne sd) per theta 30 feet iu leisi~t. 4. 1~0i.iCE DEPAitTMEN'f ~, t 'M'ite 1'oticc [)eparanem dad not submut ootnenents oft this application. S. PARKS DEPARTMENT S.l Ten-taut wide aeylrKnts of the City's multi-tree tagiottw) pathway system an requital W be exaetrttelext cat this site in actordantx wilt the Master Pathways Plan in lira ieataal bocatiune noted on the plan included itt Exhibit A.4; exact locatiort(s} of pathways slmll be by the Piatming Depwtmatt and Parks D~rutmtatt at the time of detndoprtrertt. The pathway should primarily be Mornted widen the pupdine easement and provide oonttecYiviry to the platrtod pathway in f3atsaya Subdivision at rho northwest aontcr of the site. P'athwriy stubs :hall be provided at the west bwndary further to dse sotult and to the east Iwundasy on the rtrxth std of the rite for cemttectivity with fulrrre sx~safls esf the pathway. Eabil~it C Psae 7 EXHIBIT B - 22 [R SANlTA1tYSCAVtC£SCOMPANY 6.1 55C has nn cemmetrts nn this application at Chia time. y. AtSw CaurtrY Ilucttw,.Y tris•tattrt ~.1 Site SpeaiSe Corttlitinrm of Approval Thda ~pldcatdon fr jor orutexarlon andrrzvaae oily. Lisred below am swore ajihe sire arpecljic cvurraEirions that the Qfsxricx gray ldentijy when dt rrvletta a fatur~e dnaloperrcnr appilraxdoit The Ddatrirr +nay add odddrioaal sdte sped}te regaer~e+neals -+~Oeio dr r+evJcxts a speelfir rrdet~lopinenl upipldr~axd~ 7..1.1 5uhmit s tratlic impact study to the Districtctt with any aubooquatt dcvclopmtatt appliatiarr- The applicant should ooaudinstct with District statT far the soopittg of the study. 7.1.2 Canstntct iruerr~al stress in acccxtiartae with the Ten Milc Irtterrhaegtc 5peeific Arm Plan. 7.1.3 Extend Capitol Reef Drive into the site as a collector street from the site's nnHftwrst cotttar_ 7.1.4 Ext~td Sttnsel Ponta Court into the site as a local smoct firm the site's notlh prnperty line. 7.13 Extend stub streets to the properties east and west of the sift in accordance with District policy and the Ten Mile Intert;haege Specific Area Plan. 7.1.6 Canstntct two mttndabouts at the major collector street intersections as outlined is that Ten Mile Interrhartge Specific Arta Plan. The roundabouts should be dittxtly t3ottrtc+ctatl via n taa~ltwest-satithrs~st mm~ittg collector strect, Deaigp arts brills the roundabouts in wxordanace with tha I)iatrict'a Rwatdabonl Application Guidelines. 7.1.7 Comply with District access mattegRxrtem and driveway policies in effect at the time that a subsequent development applimiun is submitted. 7.I.B Patter inw a license agreement for stay lutdscaping located within AC1HD right-of--way abutting the site. 7.1.9 (Jnher than access apes=lifically approved with s subsequent dn+clopmcnt application. direct lot access to collettw and arterial roadways is pruhibitcd 7.1. I ti Comply with all Standard Conditions ofApproval. 7.2 Standard 4arditiaers of Approval. 7.2.1 Any existing irrigation faciliti+A shell be rcic>t:atcd ntKside of the right-af=way. 7.2.2 Private sewer or water systems aro prohibited from bang loeated within any ACND roadway arright-of--way. 7.2.3 AU °lity rducatiott costs associated wish improving street frontages abutting the site ttltall be btxrtt by the developer. 7.2,4 Replace any existing damaged crab, gutter and sidewalk and any that may be datnagcd during the cortstructiart of the proposed development. Conrad Conatrwdion Services at 3g7-b2g0 (with file mrrnber} for details. 7.2.5 Cau-ply with the District's Tne Planter W idtlt Polity. ~nisa c >~ $ EXHIBIT B - 23 7.2.6 Utility street cuts in pavement less them five years old are aoi allowed unless approved in writing by the 1)isttict. Contact the District's Utility Coordinator at 38?-6258 (with file ntttttbers) for dtxails. J.2.J All dcsigo and construction shall be in accordance with dte Ada County Highway District Policy Martusl,lSPWC Standards and appmuved suppletrterets, Construction Services pracedtxes attd all applicable ACRD tJrdinattcea tutless specifically waived herein. M engineer registered in the State of Idelu+ shall prepare and certify ell itnpmvemedtt plans. 7.2,8 The applicant shall submit revised plans for staff approval. prior Oo issuance of building pettnii (or other required permits), whidt ineoxporates any rtgtared design chartgta, 7.2.4 Construction. tme end property developtrrent shall fte in canfarenattce with all tgtplicable requirements of the Ada Cauoty Highway District prior to District approval for cJ+• 7.2.1 U Paymatt of applicable ttitad impact fees are rt~yuirod prior to building wnstntction. 7'he assessed impact fee will be based on the impact fee utdinance that is in efTed at that time. 7.2.1 t It is the responsibility of the epplicartt to vcxify all existing utilities within the tight-uf- way. The applirastt at no cost to AGHD shall repair existing utilities dmntagerl by the rq-pliurnt. The applicant shall be tequirod to call DIGI.fNE (1-811-342-1585) at leas! twa full business days prior to betaking growtd within AGHDright-of--way. The applicant shall oorttact ACRD Traffic Upaations 387-614{! in the event any ACRD ootttfitits (spare or filled) ats wrttpriomised during any phase of construction. ?.2.12 Iva c~tsatge in the terms and conditions of this approval shall be valid unless they ane in writing and signed by the applicant or the applicant's authorized representative and an authorized reptr.aattativc of the Ada Catmty Highway District. The burtfett shall be upon the applicant to obtain writtat confirmation of any change frosrt the Ada County Highway District. 7.2.13 Any dtangp by the applicant is the phnmcd use o#'the property which is the subject of this applicetion. shall require the applicant to comply with all rolls, regulation, orditeanoes, plans, or other regulatory and legal r~esstrictiorts in foroc at dtie limo the applicant or its arwceasors in interest advises the f 3ighway District of its intern to dgangt the planned use of the subject properly unless a waivedvariancx of said requirements or other legal relief is granted pursuant W the law in effect at the tune tree change in use is sought. R 1DAN0 TRANS~OaTATIbN DClA1tTM~NT E,l If residential uses arc pmposal adyaeerM to !-&t. Ilre dewslnper is requirod to pravide anise abatartrent along the south property in accord with the fpdk-wing standards: faAil+ra t' Pape 9 EXHIBIT B - 24 Nola) ~baMarant br t~aaldanHal ~bpmant A 7t» appncant ahNl provide treRic naive abalanarq by carrstnrcikiQ a berm or a bane and waY ~ronnbinatian sirpro~dmaieh pera~al m the ataie taptnwy and apt Na stab ~~ B Irsi~IN: The Eap of the berm. ar bemn and v[~ to oombirwtion. shop ba a nrininnum or fern neat iwpher than iha alwnlion rr bra aantarlina of the stela hlphxAar G wart wr..w.; Ma can Ia pmpoaaa, the ran 8ha11 nwei IIw iblowip sferidards: 1 Wan moMriats Shan be imps-Noua aaraare a stuooo, ur-leats atlranrrae appiovsd by tlra Idaho Tranaportatlpr fl~apartment es a sound etknurbr>Q meMirtei 2 Inlarrrriliarri trrNerw in Iha baem ar berm and III in oanbinatlon wiN dsprarJe the lurw'Uon snd should nd ba aeoweed U ~'~~ noKS abiibarnerrt dsicipns that msrYt Federal }iiptwray AdmtrYttn~ puldaMrws n[sy ba proposed bq the The applicant sFrould oorMact Cirvg Uitiey, F.nNronmental S!clian n~nager at 334-03Q0 if it[rtiMU in/ormatlon is deaYad Eahihi[ f ~c Psyie EXHIBIT B - 25 C, AnlNxatian Legal Deacriniun ~ Exhibit Msp .l. ugrr ros MI4A,~DlASI CRUBSII~iG AHNP.J[A'~'TQlV TOTAL PABC'Rl. ALT(~U3I 2b, ?044 A PAIbCF.i, OF tJWD BEING A PORTION' OF SEC7ION 74 T44N~18111p 3 NORTM, RANGE 1 WET. BO18E MERIWAN, AQA COUNTY, ipAHO, BEING MORE PARTICULARLY OESCRIB80 AS FCLLO'ws^ OpM1AENCINO AT THE EA8'f tN CORNER OF SECTION 15, T 3 N , R 1 W , B M ; T1fENCE N 8Y'11'84' w 1301.68 Fri TO THE NORTMEA$T CORNER ~ Tim NMY 1K Of THE 8E fN, THE HEAL POH1T OP BEBiBINMIG OP THIS OEBCRiPTtON. ?HENCE S 00`33'33' W, 12f~.3® FEET ALAN6 THE r<A6T LINE OF THE WEST 112 OF THE !3E tq TO A POINT ON THE NOR7HER9LY RIGHT OF WAY OF 184; ALONG THE NORTHERLY RIGHT OF WAY OF 184 TIC FOLLCMMIB: THENCE 8 88Y7'14^ W. 3t2 08 FEET TO A POINfi; THENCE N 88`4838' w, 876 61 FEET TO A POINT: TIC N 84'OYt6' W, 648 28 Fg'T TOA PQINt; TFIENCE N 84'2784" W, 138 t0 FEET TO A POINT; THENCE N 01'2813tY W, 68028 FEET TO A POIN7; THENCE N 88`t099' W 160 ~ FEET iD A POINT. THENCE N 81 21'19x• W, 288 20 FEEL TO A POINT 011 THE WEST LWE OF THE W68T 1J2 OF THEE it4: t~ANNG THE NORTHERLY RIGM7 [fF WAY OF FN; THENCE N 00'48'0!" E. ?49871 FELT TO THE 801iTINYEST (7OW4ER OF illE t3E tI1 OF THE NW tM; T'NENCE N GO'39'IG" E, 1328.77 FEET TO THE NORTHWEST OORWER OF TH6 SE 1M OF THE NtN tx; THENCE 38pt5'71` E t32f 6T FEET TO THE NORITIFJIBT CORI~R OF THE 8E W Of THE Nw v~- THENCE $ 00'3837' w, tarts to FEET TO THE 90UTHEil3T CORNER OF THE 8E tl4 OF fitiE NW IN ~CENTBR 1F1 CORNER $t9CTION t6Y n1~u~ s ee`u~4• ~,1s2168 FFET TI7 THE REAL PgNT OP sEpNlaNO, OCNTAN4N4G 1 u ae Acmes, iAORE oR LESS ~ 7tme 26.2004 Q:122I69M105-Srv4d I •pott2i165~~i'01'AL PARCt~, doc Ealdbk C EXHIBIT B - 26 1TN6 PARS 18 SUBJECT TO All E7Kt&TINO EA9EMEHTS AXD R~Ck"f; C1F 414-Y E MpAIdB. PLS NO ~ ` „tip r// ~ ~Ai~ a }N'" ~, ~/~ der arY wn I 1 - - - ...~J h'tY.i__'~i1Y ~4W Oh WAS '~ ~.~iMt±: M : PpAy rP1.N T! 1. i ~~ ` A ~ ! .4 ;, 1$ ! ~ ly 'Y~ ~ I ~ i~` ' f cuwul ,~..uarn _ _ w ...~- .- L..,a i~"~- i"iiik~161C D" ~ CpU R ..ty$~I ~. ~• R .• ._ '114+ 1111 ~~ ~~ ~ ~x r . ~ ~ ~ s.. ~ .# ~ ~ R ~/~ ~ a i Z ~ ~ ~ S ¢ ~ ~ ~ __ i ~f y .~ 4 ~ ~~ .~ ~~~ -~ . sttie.. y~~ ~ Vii! R;1 ~J7~ ! fytlllAM 1lpw ~ tRIMI KI 1~ ~i~U~l C ~2 • .~ L EXHIBIT B - 27 u9t~c,~ta+ pun 11~RgitAM C'itOexlNr ANNlJIAT'[4F1 AUiW5T Z6,20D9 A sARCbi. t)F t.MT) 8lWO A POftTIOF! OF SECIiQN IS• I O'~1dSIlTP 3 t+ll)RLH, RA_~ t tip}, f1DiSE fTf:RidiAt+1, ADA t30t+N1Y.tQANU, HE[A1t31•DC1n!". pARTTCtiGARLY U[i3~=1RIwD Ab Fata.ClWS- CObtiVtF~;el~(2 AI THE kASt Ifi f•OitNF'R QF SFiGTIt~ 13. f 3 N , k 1 N` . B M . BV, fHht~dtF N tt4•Id'S4" f: 2649 12 FCk:[ it7 t}tE SO(filit?J1S1 C'tNWFR l'~ TII6 S6 t+d qp 1 HE NW 1~4 (rt~Ii7t Ind tY)RNER 5f-eiCON FSI. I HENC! N e4`II'it' W, 132:76 FF-FT 1'O ~iClli iltW6bt Qt)bII~~RUT TT#tr t-t ttd t~F l tIF NM' ice. T HF RtAL t'niNT Op BlrGlN141WC flti f It1E t11a.SCRtP1IdN, l itENCF N OU'39'49" F., 12Th 19 F~ I .ll ~(Md0 TYtf YlFSI 1_tN'P OF 11~ SE 1 N i]F t 1tle N'IT tti1 TD A WtM T, ttiikT:fE S 39°3rdi" k 1997 tw FEE 11 O A pntY'1: TI{~7C6 b i2°i6~7' W, d21 $S FEEL T6 A WflN t SIM t.7~RYATURE: IIi81~C7s tee,te F1~i AIA7FK) A TAItt~"dT fn11RYE Tct Tt1E nlcfti. SAS [A7RYts tIAYINQ n RA[Hll9 G1F 309r~t1 Fb,Et, A pFd:tA A.4Q1# ciF ZI°ttt°MI'. A t'A,~-gENNi t.ElitlTlt OI 4551 FT~EI AND A CNtMP plitfCH BEARS S 63°a80T M' Ft>tt A Il15IANt:'i: t)F 111`l 76 FY.k t ttt A POllti OF'tANtiEsNf:Y; tflf7dfE S 74°527" i4, l I6 3t AEET TO A PWPTi'. 1 H ENCf. 4 tot}'23 ` 6.x16 64 f 6t't TQ A PULVT t}F CURYA I LRE: IHF.NCE 6;49 Ft•ItiT AU??K3 A IAFiGktu I CURVE It) TIC t.EF i. SAIU ~1RYCs FIAYiNG A IIADItlS ()F tyOOD TGE7~ A DE].IA ANGtE t)F 2i"4922". A 1 ANt+'Et4 f 1 J:;•iGi N AF TT 01 t'FFT AT.T) A t94t)RU WIDC11 BARS S 2T"W'~t` is 1a)It: A t>dbTAN['F flF 4.4 4A FEF 1 I U A 1't?RdT nF TANGEPK"Y; [Itt1~CFSl9"?r45'E.1-ilt7t]FE?FI (t)ApOtNI, ITIL+NC'! S SO°2T13' W,1i7 0e FI;E I TO A t'OQdi !]F tt1R4AIf 7RE: lH+ki+Y.'t: iOT }2 FELL At.OY(3 A 1A14t3Eki CirR4E T(t T7ik LEFT. S~lTACttitVF. t1AYB~AC A RADIUS (]F ISUOU kE.EI, A DELIA ANUi.b OI% 40°59'41", A free 26.2009 Q''t2lldAtiQS~3tvk-]•Dde12216911pNE M-F. dac Exhibit >3 EXHIBIT B - 32 nusc~u'r1ut~ roF{ tNLWp#AM GRQ~6 AVS1rXAtP[Ot~1 q~1i 7A#4R TARGFJ. AI1GliSI 25.2009 A per, pp){,At:D gBING A E~11[IOI` 4F lsEC110/r ! 3, TOWAt~#!P 111{>7tiH, Itl1LKi6 t WEST, IIpISIr MIRRID#AN. ADA taOt.~NTY.IDA}f0.85itiG MQ1tE PARTICL'Wt1.Y DL4C'RQIF-D AS 1~t2.OWg~ COlAIVIF]#CLYtI AT TH1R AJ15i t!~ C11RNL'R Ot StC 1TU2~ 1!, l 3 K . R 1 W .13 t/ . IIM. 11lFi~C1? N t!9^ f4'S4' a ab~~r { 2 FEET T4 [tom 3E)1:11#f:ABI t.YlltNF.R i7i f HE" Sk 1~a 4P 111E I~IW f;1.1CENIER u4CtiRNbR SECIKlN =51. THF?dCE N 00'76' 37" E 9t5 17 IT];T A1XfNti INE EA~I 111:E vF {1#E SE [r4 OF i f (F K4r V, Tt) Tiff. R(tAT. P'Olil'R Of't#RG7NI~6(rC.01~ 7[1!9 0[SCRR"TK1h, 1 t#t~RT R f2'S6y7" W. 77T ?4 FEAT TQ A PbW t; tE#P~-t'E N )4'3143' W, iM7 d-FFI?7 TO A PIJ1Ni t~l T1{F WEST t,4`(f: W 1IIE S~ l r1 []t t NF N W I N t3iGtICE N Oti`i9'19" 6. 32 31 FEF.'[ TY! IIlt IWNt1NW[•St CORI~TeR ~ Ttlf !f!? 71#t:Nl"5:5;9"1S'1t'!, t321 53 FT}T [O7IiEt9(7RtltltrA.4l t~~ROF 1111ES1t tNQF 1}#FNW II/1; l i#EN(a? 5 8o"3ir7T W, ~ 1 ! T{ Fi88# ALU4t9 IH8 FiAST 4I`.'E tat E t{L ~ 1N trf T1#E PtW 1N 11} 1HE RG-6 Pour[ ar wN+~ tteOPirAMB~{A 1b~ AktS, MURi~ UR LE>I,R ~#UC1#AFl B ZU1RK8, P1S wU 4991 NM~~ A. R. Z ae- ar sr ~,;~,° 1~.t. xc. ~ou!9 Q:12II4NtOS•9cK01 • potlt2316+A LO#Ft R-AO d6c E~du6it D EXHIBIT B - 34 w~M rManl wn j • -_ r+c~.f.T^Yia ~•~!• an Yru !AY'i+M RtN1 dRK~l1 l~}~ y, * o +i. w ~a* we .f! ~ s r - *ww s cum .Is (illMts ! ~ ~' ` ~ 9 1 ~ ~ ,.~ -+~Rh ~ ~ f ~ ~ e~r N ~n31,~~ i ~ ~ - s~1~ i "",~E~` 7 [;l~ E~Mt EXHIBIT B - 35 D. Rrquiral i=,rtdittgs front Uaifird Development Code. 1. Amtexatiort Fittdirtgs: U@ou traoommr~datisa Pratt the Caalmfssiot•. the Cotueil shag ttaake a fuq iuvsstigtttisa fad shall, at the public 6earLj, rrvietr the appliattlou, Ls seder to ~r+tot an awttex~nliaa aadler rrmur, the Coruei! shad nrallr the follavriua 8ndiaga; a. The ttutp amendment ~m with the appNeable proviaious a< Nre Caopre6earive Plea; 'ire Apl-licatu is proposing to at»teeu aril aorta fire subject praprrty 6arrt RUl' in Ads County to t'-C (48.54 acres), H-ls (2'!.2? acres), M-~ (32.57 saes]. and R~0 t;1b.B3 roes). The City Caurtt:l finds drat Ute pt+apoeed zoning map ameadmrnt complies with the applicablt provisttrm of the Cnrttprdnaraive plan. b. The tstap amraimeat eouyttlss wkh the reg!datian owed far the proposed dleleM. specifkafly the pttrpaae statement; The City Council finds that the pcd map arxtptdntent to C-C. Ii-E, M-E. and R-40 w°ili pravide needod servtcw and hausin~ in this area of the city, cuttsiaerq with Ihr purix+sr statetneflt Car the applicable districts, r. The map amerdmeut shatl trot br sartcrlagy detrimeeta>I tr the pttbllc halth, safety, aed welfare; The City Caurtcil tirds dt~ the proposed aanirtg autendmart will not be dcuimctuai to thr ptrbiie health, safely. or welfare. d. Ths mrp ~ shall serf reanb la as adrerse btrpaet upon the. dNlvery of aervi«s by ary poWical ru6tiiviridou previdiug prbNr services wN1~ the City iudrdlog, bsR not fiwlitsd b, school dlatrirdt; sad. The City Council finds that the prupored nwtiugl rrrtlhtdmant will Wert resuh in any advrrse impact upon the delivesy of servi<xa by tray political suttdiviciaa psovidirtg savioes to this site. e. The ttsttsesatlon d L the beat of imer[st of the City {UDC 11-3S•3,E1ti The City Cautril finds that annexation of this property and aubx+yuent zaating of the sits to C-C, H->~. M-E, and R-40 is cottsisteaR wuh the fiatuit fond user dexigtwted Car this area is the Tea Mile lnterr:bange Specific Arse Pla® and wilt providod needed service and housing in this area of thr City. Tlitxsfarer the City Conseil ftads that the annexation attd arming of thin property is in the best irNRr+eal of the City, ~xhit~i b EXHIBIT B - 36 Exhibit A -Legal Description -1- DESCRIPTION FOR MERIDIAN CROSSING ANNEXATION TOTAL PARCEL AUGUSI 26, 2009 A PARCEL OF LAND BEING A PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 15, T.3 N., R.1 W , B.M ; THENCE N 89°14'54° W 9321.56 FEET TO THE NORTHEAST CORNER OF THE NW 114 OF THESE 114, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°33'33" W, 1299.39 FEET ALONG THE EAST LINE OF THE WEST 1/2 OF THE SE 1/4 TO A POINT ON THE NORTHERLY RIGHT OF WAY OF I-84; ALONG THE NORTHERLY RIGHT OF WAY OF I-84 THE FOLLOWING: THENCE S 88°47'14" W, 312.06 FEET TO A POINT; THENCE N 86°48'36" W, 675 51 FEET TO A POINT; THENCE N 84°05'16" W, 546.26 FEET TO A POINT; THENCE N 84°22'54" W, 139 18 FEET TO A POINT; i THENCE N 81°25'30° W, 569.26 FEET TO A POINT; THENCE N 85°10'39' W 150.33 FEET TO A POINT; THENCE N 81 °21'48" W, 266 20 FEET TO A POINT ON THE WEST LINE OF THE WEST 1/2 OF THESE 1/4; LEAVING THE NORTHERLY RIGHT OF WAY OF I-84: THENCE N 00°40'08" E, 109574 FEET TO THE SOUTHWEST CORNER OF THE SE 1/4 OF THE NW 1/4; ; THENCE N 00°39'49" E, 1328.77 FEET TO THE NORTHWEST CORNER OF THE SE 1!4 OF THE NW 1/4; THENCE S 89°15'14" E, 1321 52 FEET TO THE NORTHEAST CORNER OF THE SE 1/4 OF 'THE NW 114; THENCE S 00°36'37" W, 1328.91 FEET TO THE SOUTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4 (CENTER 114 CORNER SECTION 15); THENCE S 89°14'54" E, 1321.56 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 115,26 ACRES, MORE OR LESS. .June 26, 2009 Q:122169\OS-Srv101-Doc122169-TOTAL PARCEL.doc Exhibit A Page 1 'IHEPtCE S 39°32'45" E, 880.12 EEI7 TO A POEM; THENCE N 50"2.7'15" E, 698.94 F'EET' i0 A POINT OF CURVAT[JRE; IHENC$ 96.48 FEiEI ALONCI A TAIw(ii'sTTI CURVE t0 TH>r i,EF T, SAID CURVE HAYII+10 A RADIUS OF 125.00 FEET, A DfiLTA ANGLE OF 44°l3'25", A TANGENT LENOIH OF 5x.79 FEBI AND A CHORD ~+WC}1 BF,ARS N 2$°20'3Z" E FOR A DLSTANCE OF 94.10 FEET TO A POINT OF IANOIs'NCY; THENCE N 06° 13'49" Ii, 154 21 F)ET IO A POINT; THENCE N 88°2035" E, 422.36 FEET i 0 THE REAL POINT OF BEClNN1NG, COEVTAIlVINC127.27 ACRES, MORE OR I_F.SS MEGHAEL E. MARTCS, PES N0.4998 R SY qq ~~L~ M W ORN3 111DC 25, 2009 Q:1221b4105-Srv101-Doc122169 ZONE FI-E doc Exhibit A DESCRIPTION ROR MERIDIAN CROSSING AIVNEXATIOIY M-E 7ANE PARCEL AUGUST 26,2009 A PARCII.OF LAND BEIAiG A PORIION OF SEC'tTON 15, ?OWNSHIP 3 NORTH, RANGE 1 WFS T, BOISE MERIDIAN, ADA COUNIY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAfiT 114 CORNER OP SfiC1ION 1S, T 3 N, R i W., B M, B M, THEiJCE N 89°14'54° W 2643.12 FEEL i0 THfi SOUTHEAST CORNER OP THE SE I/4 OP IHE NW 1/4 (CENTdt 114 CORNER SECTION IS); IHBNCE N 89°14'51" W, 1322 76 FEET TO SOUTIiWfiST CORNER OF THE SE 114 OF II~iE NW 1/4, THS Ri~AL POINT OF 13EGINNINC OF INT3 bESCRIPTION; 3I{ENCE N 00°39'49" E, 1276 39 F1.ET ALONG IHE WEST LIME OF 7HE SB 1/4 OF THE NDV 114 TO A POSIT; THTiNCE 3 39°32'45" E, 1097.09 FEET TO A PO1NT; IHE.NCE S 52°56'47" W. 421.85 FEfiI i0 A POMT OF CURVATURE; THENCE 188.88 F'E>y7 ALONG A TANGENT CURVE TO THfi RIGHT, SAID CURVk HAVING A RADIUS OF 500.00 FEET, A DfiLIA ANGLE OF 21°38'41", A TANtifE1V'T LENGIH OF 95..5$ FEEI AND A CHORD WHICH BEARS S 63°46'07" W FOR A DI3IANCE OF 187:76 FEET TO A POMI OF TANGENCY; THENCE S 74°35'27" W, 116 31 FEE7 TO A POINT; INENCE S 14°43"23" E, 40 64 FEET TO A POIN7 OF CURVATURE; THENCE 64.'99 FEET ALONG A TANGENT CURVE IO 113E LEFT, SAID CURVE HAVING A RADIUS OP 150.00 F"EEI, A DEI.IA ANOLB OF 24°49'22", A IANGENT L>"NGTH OF 33 01 FEET AND A CHORD WHICIi BEARS S 27°08'04• >; FOR A DISTANCE OF 64.4$ FEET i0 A POIN7 OF TANGENCY; IH1::NCE S 39°32'45" E, 918.70 FEET TO A POMT; THENCE 3 50°27'15" W, 357 08 FEEI IO A POMP OF CURVATURE; IHliNCE 107.32 FEET ALONCI A TANGENT CURVE IO THE LEF'i, SA1D CURVL HAVING A RADIUS OF 13000 FEET, A DELTA ANGLE OF 40°59'41 ", A Tune 26, 2009 Q:122]69t03-Sn~101-Doc~169 ZONE M-E doc Exhibit A IANGENI LENGTH OF 56.47 F~'I AND A CHORD WHICH BEARS S 29°51'24" W FOR A bISIANCE OF 1p5 45 FEET TO A PODdi OF TANt31'~iCY; THENCE S 09°2'74" W, 86.35 FEET IO A POINT ON IHE NOR1-HERLY R(CI}]7 OF WAY OF I-84; THBNGE N 85°14'39" W, 128.83 FEET ALONG IHE NORTH&RI.Y RIGHT OF WAY OF I-84 TO A POINT; THOYCBN 8l °21'48" W, 266.20 FEET AL41VCi 7T3E NORTHERLY RIGHT OF WAY OF I.84'f0 A POINT ON THE WEST LINE OF THE NE 114 OF THE 3W It4; THENCE N 00°4008" E, 1095 74 FEET ALONG IHE WEST LINE OF IHi NE ]!4 OF THE SW i!4 TO THE REAL POINT OP BEGTIYNING, CONIA@dII+1G 2257 ACRES, MORE OR LESS MICHAEL B MARKS, PLS NO 499$ REVIE 7Y SEP02~ c 'w ~D~ limc 26, 2009 Q_122 i69105~SxvW 1-0oc1Z2169 ZONfi M-E.doc Exhibit A DESCRIPTION FOR 141RItI,DLMI CROSSING .~iY1rIEXATION R-40 ?ANE PA)tCEL AUGUST 26, 2009 A PARCEL OF LAND BEING A PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE I WEST, $OISE MERIDIAN, ADA COLINIY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CiOMMENCIIJG AI THE EAST 114 CORNER OF SECIION 35, 13 N, R 1 W., B M., B.M., THENCE N 84'14'54" W 2643 12 FEEI TO THE SOUTHEASI CORNER 4F TkII; SE 114 OF T HE NW 1J4, (CENTER 114 C01tNER SECIION I5); THENCE N 08°36' 37" E 915.17 FEE'T' ALONC3 IHE fiASI LINE OF IHE 3E 1J4 OF THE NW % TO THE REAL POII~T!' OF BEGINNING O>: TiIIS DF.SCItIPTION; THENCE S 52°SG47" W, 775.74 FEEL TO A POINI; IHI~ICIiN 39°32'45" W, i(19709 FEET TO A POINT ON THE WFST LINE OF IHE SE iJ4 OF THE NW 1/4; THENCE N 08°39'44" E, 5238 FEET TO THE 3JORIHWEST CORNER OF THE SE 114 OF THE NW 1 J4; TI#EIVCI~ S 89°15'14" E, 1321.52 FEET IO iIIB N[IRTEIEASI CORNER OF IFIE SE 1/40F IHENW 1J4; THENCE S 80°36'37" W, 413 74 FEET ALONG IIiE EAST LINE OF THE SE 114 OF THE NVIT Il4 IO IHE ItF,A1. POINT OF BEGINNING CONFAININQ 16 83 ACRES, MORE OR LESS. MICI-TAEL E MARICS, PLS t s .Tune 26, 2009 Q:V22169105-Siv101-Dce1~22169 ZONF: R-40 doc Exhibit A 5~pj~q MENR~~ p~e~ Exhibit B -Map N1Y t 4 ' YER/INI q1Y W75 ~ ff'' _ / FR ANKLl1 ROAD (PUBLIC} t~ ..- ~. s ~i~s" f 1~,SY Y370WfN {Try LR~-9 1 4 sr •--~.~.,.~.~. ` ~ 7W AOSB6 PC~~ NE ./1 + ~ HI ~ ~'~~ 3~ ~ 5 ~ ~" ~ i '~ 4i ~s:r : ~ ~ ~ N. H vc ~ aa~ '07' r CENTER i /4 CORNER ~ . _ '_ ans r ~ D~' 1~4 ~ ~ M ~'if'Sf'~lY !332.A'~ .~ _ E `f3t~L~ n Nt~i~ ~ tY11.Sa' ^ {5 74 QO6 QO HONE 0 ~~ 4~ A~ S 001YM' f ~ ~a.P ~~ ~ my y~ '. u C ~ ~ O ~m c ~ ~ 17t~ s < SW i/4 S s ®zr~a.u~' s ~ ~ ~. i ~ °1 agqtrc ` ='ep Y ~~ SE t/4 ~ aSo~ ~ ~ R~ ~~ I ~ ~ ~ ~~ 11Y.11 `// ++~ ._ M~~'Y' Mf•*,l~~C Y!'1Y S • f•'W testy qyK ~~ t-84 ~ ai re f~ 9EP ~ 2 ~ ~ ~ .. 1 1 ~/OR4sa ~ • ~s t4 ~a~ t.M, OVERLAND ROAD (PUBLIC) 2~ Meridian City Council Meeting DATE: December 7, 20~o ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Resolution No. ! ~ - -i ~-1 A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial Bylaws of the Meridian Solid Waste Advisory Commission MEETING NOTES ~~~~e~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS la ~ 3 l a -- I -" ~~ CITY OF MERIDIAN RESOLUTION NO. ~ ~ ` 1 5 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING THE INITIAL BYLAWS OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Ordinance No. 10-1452, on August 17, 2010, added Title 2, Chapter 6 to the Meridian City Code and thereby created the Meridian Solid Waste Advisory Commission; WHEREAS, pursuant to Meridian City Code § 2-6-3(A) (1) and (2), on October 5, 2010, Mayor Tammy de Weerd appointed, and the City Council approved, the appointment of seven persons to the Commission; WHEREAS, pursuant to Meridian City Code § 2-6-3 (A) and (2), on November 9, 2010, Mayor Tammy de Weerd appointed, and the City Council approved, the appointment of an additional person to the Commission; WHEREAS, pursuant to Meridian City Code § 2-6-4(B), at its regular meeting on November 10, 2010, the Meridian Solid Waste Advisory Commission voted unanimously to recommend to City Council that it approve the initial "Bylaws of the Meridian Solid Waste Advisory Commission" as amended, and attached hereto as "Exhibit A"; WHEREAS, such Bylaws, inter alia, incorporate, in Article III, section 1 of the Bylaws, the attachment of the terms of service enumerated in Meridian City Code § 2-6-3(C) to designated commission seats as approved by City Council by the passage of Resolution no. 10- 745A on October 5, 2010; and WHEREAS, the City Council of the City of Meridian deems the approval of such Bylaws to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Meridian Solid Waste Advisory Commission; RESOLUTION APPROVING BYLAWS OF MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 1 OF 2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian approves the initial amended Bylaws of the Meridian Solid Waste Advisory Commission attached hereto as "Exhibit A." Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of December, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 2010. APPROVED: day of December, ~~~%~ Mayor' amy de Weerd ATTEST: By: ` Jaycee L 1 aI. , Clerk ~=- ~~ _,`~ ~ ~ ~-` -_ ©~ ~ .~~~ ~p T lsi ~` ~ oc~oou~ ti . ~~~/~I~V , ~~ RESOLUTION APPROVING BYLAWS OF MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 2 OF 2 BYLAWS of the SOLID WASTE ADVISORY COMMISSION WHEREAS, on August 17, 2010, the City Council of the City of Meridian adopted Ordinance no. 10-1452, which added Title 2, Chapter 6 to the Meridian City Code and thereby created the Meridian Solid Waste Advisory Commission; NOW, THEREFORE, the Meridian Solid Waste Advisory Commission hereby establishes and adopts the following bylaws. ARTICLE I: INTENT The intent in preparing and adopting these bylaws is to provide a framework for the organization, actions, and agenda of the Meridian Solid Waste Advisory Commission (hereinafter "Commission"). ARTICLE II: OFFICE The principal location of the Commission shall be at Meridian City Hall, 33 E. Broadway, Meridian, Idaho. ARTICLE III: MEMBERSHIP SECTION 1: TERMS OF OFFICE. In keeping with provisions of Meridian City Code regarding commissioners' terms of office, there are hereby designated nine membership seats on the Commission. The commissioner appointed to Seat 1 shall serve an initial term of one (1) year. The commissioners appointed to Seats 2 and 3 shall each serve an initial term of two (2) years. The commissioners appointed to Seats 4, 5, 6, 7, and 8 shall each serve an initial term of three (3) years. Following the initial term, each commissioner, with the exception of the commissioner appointed to Seat 9, shall serve a term of three (3) years. The commissioner appointed to Seat 9 shall be designated to represent Meridian's youth and shall serve a term of one (1) year, which term shall expire on May 31 of each year. SECTION 2: EX-OFFICIO MEMBERS. A representative of the Sanitary Services Company and a Meridian City Council member shall be appointed to serve as non-voting members of the Commission. SECTION 3: SUBCOMMITTEES. The Commission Chair, with the Commission's approval, shall establish such subcommittees as necessary or helpful to assist or advise the Commission in the performance of its functions and/or furtherance of its mission. Meetings of subcommittees shall comply with any and all applicable public meetings laws. Each subcommittee shall consist of at least two (2) commissioners. Unless a subcommittee chair is appointed by the Commission Chair, each subcommittee shall elect a chair to preside at subcommittee meetings and present the findings and/or recommendations of the subcommittee to the Commission. The Mayor, Commission Chair, or subcommittee chair may appoint citizens or public officials to serve as members of subcommittees. RYI,AWS nF THF. MF.RIn1AN SnT.TI) WASTF. AnVIS(lRY CnMMTSSTnN PA(:F. 1 (7F 4 SECTION 4: QUORUM. According to the provisions of Meridian City Code, a majority of currently-appointed commissioners shall constitute a quorum for the transaction of any business of the Commission. SECTION 5: VOTING. Each commissioner shall be entitled to one (1) vote on any matter before the Commission. Except as otherwise designated herein, the vote of the majority of the members present at any meeting at which a quorum is present shall effectuate any decision of the Commission. The Commission Chair shall be a voting member of the Commission and shall hold the same rights and privileges as any other commissioner. Proxy voting shall not be permitted. SECTION C): ATTENDANCE. Three (3) consecutive, unexcused absences of a commissioner from regular Commission meetings shall constitute such commissioner's notice of termination. The Chair or Vice-Chair may excuse a commissioner from attendance. ARTICLE IV: MEETINGS SECTION 1: NUMBER AND DATE OF REGULAR MEETINGS. According to the provisions of Meridian City Code, the Commission shall hold no fewer than four (4) regular meetings during the calendar year. Unless otherwise specified, regular meetings of the Commission shall be held on the fourth Wednesday of each month at 4:00 p.m. SECTION 2: SPECIAL MEETINGS. Special meetings maybe convened by or at the direction of the Chair by notifying the Commission in the manner specified herein. SECTION 3: PLACE OF MEETINGS. Unless otherwise specified, meetings of the Commission shall be held in the Council Chambers at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. SECTION 4: NOTICE OF MEETINGS. Unless otherwise prescribed by statute, commissioners shall be provided written notice of meetings, which notice shall state the date, hour, and location thereof, and shall further state the purpose of the meeting, business to be transacted, and/or agenda. The City Clerk's Office shall issue notice to each and every commissioner not less than forty-eight (48) hours, nor more than thirty (30) days prior to the meeting. Notice maybe issued by e-mail, U.S. Post, and/or personally, by or at the direction of the Chair. SECTION 5: LENGTH OF MEETINGS. No meeting shall run longer than three (3) hours unless a majority vote of the quorum approves the extension of such time limit as to a particular meeting. SECTION 6: CONDUCT OF MEETINGS. The Commission shall operate under the precepts of Robert's Rules of Order. The order of business for meetings of the Commission shall be as follows: 1) call to order; 2) roll call; 3) approval of the agenda; 4) approval of minutes of previous meeting; 5) old business; 6) new business; 7) reports, presentations, subcommittee reports, staff reports; 8) next meeting; 9) adjournment. The agenda shall be followed to the RYT.AWS (7F THF. MF,RinTAN Sni.Tl~ WASTF. AF)VTSnRY C(1MMTSSi(~N PA(;F 2 nF 4 extent possible, but other matters maybe considered upon vote of the majority of the members present at any meeting at which a quorum is present. SECTION 7: AGENDA. The agenda for all meetings of the Commission shall be prepared by the City Clerk's Office in consultation with the Commission Chair. Agenda items maybe proposed to the Commission Chair by any commissioner or any member of the public and shall be placed on the agenda at the discretion of the Commission Chair, provided that adequate notice of such item has been provided as set forth herein. Agenda items not proposed to the Commission Chair by 5:00 p.m. on the Friday preceding the regular meeting, or forty-eight (48) hours before a special meeting shall be considered at any meeting at which a quorum is present only upon vote of the majority of the members present. SECTION H: PUBLIC APPEARANCES AND REQUESTS. Scheduling of appearances before or requests to the Commission shall be at the discretion of the Chair. The Chair may set rules to maximize efficiency and productivity of meetings, including setting a time limit for presentations and/or comments to the Commission. SECTION 9: MINUTES. Minutes and/or records of the business conducted at all meetings of the Commission or any subcommittee thereof shall be kept by the City Clerk's Office and shall be open for public inspection. The minutes of each meeting shall be forwarded to each commissioner prior to the regular meeting at which such minutes are subject to approval by the Commission. ARTICLE V: OFFICERS SECTION 1: DESIGNATION. According to the provisions of Meridian City Code, officers of the Commission shall include the Commission Chair and Commission Vice-Chair. Other officers maybe elected as necessary or desirable for the efficient administration of the Commission if a majority of the Commission so decides. SECTION 2: TERM AND ELECTION. Election of officers shall be by voice vote and, according to the provisions of Meridian City Code, shall be held at the first regularly scheduled meeting after January 1 of each year. A special election may be held at any time to fill a vacancy of office. An officer who fails or refuses to fulfill the duties of his or her office may be removed from the office by atwo-thirds (2/3) majority vote of the full Commission by voice vote at a special election. SECTION 3: DUTIES OF CHAIR. The Commission Chair shall prepare meeting agendas in cooperation with the City Clerk's Office, shall preside over all full Commission meetings, and shall sign all documents requiring an official signature on behalf of the Commission, including its annual report to the Mayor and City Council and other reports as requested. The Chair shall recommend, for the Commission's approval, the formation of subcommittees and the appointment of commissioners, citizens, and/or public officials thereto. The decisions, statements, and/or actions of the Chair shall obligate, commit, and/or represent the Commission only insofar as the Commission has specifically authorized. RYi.AWS nF TFfF. MF.RII)TAN SnT.ln WASTF. AnV1S(~RY CnMMTSSi(~N PA('.R 3 nF 4 SECTION 4: DUTIES OF VICE-CHAIR. The Commission Vice-Chair shall perform the duties of the Chair in the absence of the Chair and shall perform such other duties as may be delegated by the Commission Chair. The Vice-Chairperson shall be automatically nominated for the position of Chairperson in the year following his/her term as Vice-Chairperson, unless he/she is unable or ineligible to serve. ARTICLE VI: AMENDMENT OF BYLAWS As provided in Meridian City Code, the Commission may recommend to the Mayor and City Council that these bylaws be altered, amended, added to, or repealed upon afour-fifths (4/5) vote of the full Commission. ARTICLE VII: ADOPTION AND EFFECTIVE DATE The Commission adopted the foregoing bylaws at its regular meeting on November 10, 2010. These bylaws shall be effective upon their ratification by resolution of the City Council of the City of Meridian. Adopted by the Meridian Solid Waste Advisory Commission on the 10~' day of November, 2010. Co issi er Nancy Mann u~t.--- Commissioner odd Carlson %~ - Commissioner Steve Cory Commissioner Andr a Pogue <.%~~t ~ ~ Commissioner Karie Glenn ommissioner Robert Corrie Commissioner Mollie gench ,~~~~ Commissioner Tom Sauer BYLAWS OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION PAGE 4 OF 4 Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Nt~n e., CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Public Hearing: Proposed Winter 2010-2011 Fee Schedule of the Meridian Parks & Recreation Department MEETING NOTES 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 DATE December 7, 2010 ITEM # PROJECT NUMBER 7A PROJECT NAME Proposed Winter 2010-2011 Fee Schedule Parks & Rec PLEASE PRINT NAME ECE~~r~~P FOR ~ AGAINST ~ NEUTRALI CiTY:~~~~_ ~.._ ~: . ,.,~ , . Meridian Parks and Recreation 2011 Fee Schedule = Denotes fee change/addition/removal Activity rnrren4 G....I Dr~r~wc...J G ......~ . `~ ..,,M~„w . ~ ~ "/o mange Voile ball Compefative (Men's Women' C Ed , s, o- ) Team Fee (10 games + tourn t amen $180 00 Resident Player Fee . $10 00 Non-Resident Pla er Fee . $20 00 Late Fee . $30.00 Basketball Men's, Women's, Men's Over 40 Team Fee 10 games + tournament) $475.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee $50.00 S rin Softball Men's, Women's, Co-Ed Team Fee 10 ames + tournament) $450.00 Resident Pla er Fee $10.00 Non-Resident Pla er Fee $20.00 Late Fee $50.00 Fall Softball Men's, Women's, Co-Ed Team Fee (8 ames) $220.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 ASA Fee if team is not alread re istered) $12.00 Late Fee $50.00 Softball Tournaments Co-Ed Softball Tournament Team Fee (One-pitch Fall Classic $185.00 Girls Fastpitch Entry Fee $350.00 Field Rental for tournament (per hour) $5.00 .Field Prep for tournaments (per hour) $15.00 Co-Ed Softball Tournament Team Fee $225.00 Girl's S rin Fast itch Softball (U10, U12, U14, U16, U18 Team Fee (ASA Fee not included) $420.00 Late Fee per team $50.00 Girl's Fall Fast itch Softball U10, U12, U14, U16, U18) Team Fee 8 ames $220.00 MPR Fee Schedule 4/6/10 Activity Resident Player Fee Current Fee $10.00 Proposed Fee % Change Non-Resident Pla er Fee $20.00 Late Fee (per team) $30.00 Men's Fast itch Softball Men's Fast Pitch Tournament-Team Fee $250.00 Dod eball (Co-Ed, Open) Team Fee (8 games + tournament) Resident Pla er Fee 150.00 10.00 Non-Resident Player Fee $20.00 Late Fee per team) $30.00 Fla Football Men's, Women's Co-Ed Team Fee (10 ames + tournament $375.00 Resident Pla er Fee $10.00 Non-Resident Player Fee $20.00 Late Fee (per team) $50.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Shelter Fees: Extra Picnic Tables $3.00 Alcohol Permit (5 hr. time block $20.00 Amus. Equip./Lrg Canopies (5 hr time block per item) $10.00 Amplified Sound Permit (per day) $20.00 Short Term Concessions Permit (per day) $10.00 Short Term Concessions Permit annual) $100.00 Storey Park (Blue 8~ Green Shelter) Shelter Rental 1-50 people) $30.00 Shelter Rental (51-100 people $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental 151-200 people) $75.00 Softball Field Rental (per hour) $10.00 Softball Field Li hts (per hour) $15.00 Volleyball Equipment (5 hr time block blue shelter only) $10.00 Tull Park Small Shelter Rental 1-50 people) $30.00 Lar a Shelter Rental (1-150 people) $60.00 Large Shelter Rental 151-200 people) $75.00 Lar a Shelter Rental (201-250 people) $90.00 Lar a Shelter Rental (251-300 people) $105.00 Softball Field Rental (per hour) $10.00 Volle ball Equipment 5 hr time block large shelter only $10.00 Multi-Use Fiend Rental per hour $10.00 Chateau Park Shelter Rental 1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Settlers Park Shelter Rental (1-50 people $30.00 Shelter Rental 51-100 people $45.00 Shelter Rental 101-150 people) $60.00 Shelter Rental 151-200 people $75.00 Multi-Use Field Rental (per hour) $10.00 Baseball/Softball Field Rental per hour) $10.00 Heroes Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental 151-200 people) $75.00 Shelter Rental (201-250 people) $90.00 Shelter Rental (251-300 people) $105.00 Multi-Use Field Rental $10.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Seasons Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Gordon Harris Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people $45.00 Multi-Use Field Rental (per hour) $10.00 Bear Creek Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 peoplee) $45.00 Softball Field Rental (per hour) $10.00 Multi-Use Field Rental (per hour) $10.00 Champion Park Shelter Rental 1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Renaissance Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Jabil Park Multi-Use Field Rental (per hour) $10.00 Hertia a Middle School Ball Fields Softball Field Rental per hour $10.00 S ecial Events Meridian Barn Sour 1 Mile Fun Run $10.00 6k/10k Run $20.00 1 Mile Fun Run Late Re istration $15.00 6k/10k Run Late Re istration $25.00 Boise Hawks Family Ni ht $10.00 Meridian Christmas Street Faire Vendor Fee (10'x10' or smaller) $25.00 Vendor Fee (larger than 10'x10') $50.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Cam s Camp MerldaMoo (1 wk 7:30-5:30) $94.00 Camp MerldaMoo (1 wk 9:00-3:00) $74.00 Sports Camps $39.00 Outdoor Adventure Camp $160.00 Winter Adventure Camp $96.00 Christmas Art Camp $45.00 Whitewater Sampler Camp $395.00 Kayak Skills Development Camp $495.00 Jump Rope Camp $39.00 Camp MerldaMoo Winter Edition (7:30-5:30) $75.00 Camp MerldaMoo Winter Edition (9:00-3:00) $65.00 Camp MerldaMoo Spring Break (7:30-5:30) $84.00 Camp MerldaMoo Spring Break (9:00-3:00) $64.00 Bogus Basin Mountain Discovery Camp $140.00 Babysitting Boot Camp $40.00 Teen Belly Dance Camp $50.00 Activit Guide Classes Bell dancin $28.00 $30.00 7% Zumba $25.00 $30.00 20% Kettlebell Boot Camp $59.00 $64.00 8% Quiltin N/A $49.00 NEW Adult CPR/AED N/A $50.00 NEW Infant/Child CPR N/A $50.00 NEW First Aid N/A $40.00 NEW Bab Si ns-Si n, Sa and Pla N/A $44.00 NEW Little Chess Masters N/A $40.00 NEW Be innin Sewin N/A $49.00 NEW Sports Nutrition N/A $25.00 NEW Smilin Ti ers Tan Soo Do N/A $35.00 NEW Adult Aerobic and Dance Class $35.00 Adult Golf $50.00 Adult Watercolor $49.00 Amazing Athletes $50.00 Art Academy Saturday Class $45.00 Awash in Watercolor $149.00 Ballroom Dance Classes $25.00 Beginning Jewlery Making-Youth $47.00 Beginning Modeling $65.00 Beginning Piano $100.00 Building Blocks Lego Class $45.00 Capturing the Light in Floral Still Life $65.00 Christmas Crafts Preschool Class $24.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Complying with Contractor Re istration law $15.00 Composition in Landscape $75.00 Creative Beading 8~ Jewelry Makin $56.00 Creative Childrens Dance:Ballet $38.00 Crochet Basics $20.00 Drawin Floral Arran ements $65.00 Drawing for Comic Books $45.00 Drawin for Painters $75.00 Dynamics Of Light Filled Landscape Painting $99.00 Empath Practice Group $10.00 Estate Plannin -Considerations for Minor Children $15.00 Estate Planning-Do you need a trust? $15.00 Exploring Art for Youth $120.00 Fall Recovery $60.00 Family Raftin Trip $40.00 MPR Fee Schedule 4/6/10 Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Resolution No. t©~ 15 g A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date MEETING NOTES /.~ppvo~ e c~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS la- 3 ~~" ~3 ~ `~ CITY OF MERIDIAN RESOLUTION NO. ~ D- ~ S BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-131 lA, on December 7, 2010, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 7th day of December, 2010. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of December, 2010. APPROVED: /, ~~~ Tammy de rd, Mayor ATTEST: ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 2 Jay ee o it Jerk ., ; ,~ ~ ~1 ;p ~~ ~ itiq p ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 2 OF 2 Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 7C PROJECT NUMBER: RZ 10-006 ITEM TITLE: Somerton Subdivision Public Hearing: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District MEETING NOTES ~~~ ~ e1L-c~~.-~ - E~t~e~n ~q Sol vii o-~S ~ y.r ed CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ nc-~~r~qS ~n -r~o,~ I~ 1 l~ Meridian City Council Meeting DATE: December 7, 20~o ITEM NUMBER: 7~ PROJECT NUMBER: PP 10-006 ITEM TITLE: Somerton Subdivision Public Hearing: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres MEETING NOTES ocg I r, -{~e~ R Z ~ d - ~, t,fl 'F ~1~, 3ecKy ~-t ~ ~~ A~~~v~~\ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~~na~ one ~a~iy ~''~ Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 7E PROJECT NUMBER: CUP 10-011 ITEM TITLE: Fast Eddys -Chevron Convenience Store Public Hearing: CUP 10-011 Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lube and Drive Thru in a Proposed C-C Zoning District MEETING NOTES a~~~d CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY -SENT TO APPLICANT NOTES INITIALS ~~~~~ ~ ~ L~ t ~( Meridian City .Council Meeting DATE: December 7, 2010 ITEM NUMBER: 7F PROJECT NUMBER: FP 10-009 ITEM TITLE: Somerton Business Park FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lots on 3.9 Acres of Land MEETING NOTES ~C~,~ 1"t C ~ ~ ~~~~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~d~ ~ -~~ gal r ~~ 9Y-~ Meridian City Council Meeting DATE: December 7, 2010 , ITEM NUMBER: 7G PROJECT NUMBER: RZ 10-005 ITEM TITLE: Voltenra Subdivision Public Hearing: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South MEETING NOTES ~hv~~- ~nr~S-~-e~se.~ - ~~~v-~-(-- ~-~1Su t -~--I ~q ~~rre.~ T>1~ e~s~S ~~.~ ~~ .n il~( ~q q l eS-Fo ~ ~'~~•~-~ CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~`~dtnq~ ~' (~~~~ Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 7H PROJECT NUMBER: PP 10-004 ITEM TITLE: Volterra Subdivision Public Hearing: PP 10-004 Volterra Subidivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 301 Residential Lots, 1 School Lot and 38 Common Lots on Approximately 120.6 Acres in an R-4 Zone for Volterra Subdivision North MEETING NOTES ~~~u~~ ~h-~~~f~ev~~c,~ f~ pproJe_. CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS -1r na~~.s ~v is la1 Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 7~ PROJECT. NUMBER: PP 10-005 ITEM TITLE: Volterra Subdivision Public Hearing: PP 10-005 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 194 Residential Lots, 10 Commercial Lots and 22 Common Lots on Approximately 80.4 Acres in a Proposed C-G, L-O and Proposed R-8 Zones for Volterra Subdivision South MEETING NOTES ~1 P~vv2, CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~~n~ ~v ~a1a~ ;~ Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: PROJECT NUMBER: MDA 10-0 ITEM TITLE: Volterra Subdivision Public Hearing: MDA 10-009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement MEETING NOTES ~~~~~ ~1 ~ ~s~SeX1 ~-~~~~ ~- CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~d~n b~ Meridian City Council Meeting DATE: December 7, 2010 ~ ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Mayor's Department Report: Ad Hoc Lakeview Meridian Golf Course Focus Group MEETING NOTES C~'iG~Y ~ t 2 ~ou v~-~-re'C~ ~ex~- we~~l~- ~ all ~ - ~~~. ~ C~ ~ ~vc~~ ~e~' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 2010 ADDENDUM TO THE ASSIGNMENT OF LEASE AND AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE LAKEVIEW MERIDIAN INVESTORS LLC AND THE CITY OF MERIDIAN Whereas, this Addendum, made this day of December, 2010 to the above- captioned Agreement between the City of Meridian and Lakeview Meridian Investors LLC dated May 17, 2005 (AGREEMENT); and, Whereas, the parties desire to update the agreementin certain particulars as negotiated by the parties. NOW THEREFORE, the AGREEMENT shall be modified in the following particulars: A. The Lessee under the AGREEMENT shall be Lakeview Meridian Investors, LLC, an Idaho Limited Liability Company. B. Exhibit "D" to the AGREEMENT described in Section 2(E) (the Capital Improvements Projects} shall be superseded and replaced with the exhibit attached to this Addendum, identified as "Exhibit 1." C. Exhibit "F" to the AGREEMENT described in Section 4(I)(1) (the Grounds Maintenance Services Management Plan) shall be superseded and replaced with the exhibit attached to this Addendum, identified as "Exhibit 2." D. Section 5 (Payment of Rent) shall be amended to read as follows: a. Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance, as rental. This annual payment shall be due on the first day of October. b. City has released Lessee from its obligation to pay rent during years 1 through 6 of the lease term based on Lessees capital improvements expenditures. c. Lessee may apply to City for release from its obligation to pay rent during each of years 7 through 11 of the lease term by written appeal to the City each year at least one month prior to the due date. City's consideration of the forgiveness of the rent obligation in years 7 through 11 shall be based on Lessee's compliance with the commitments made in the revised Capital Improvements Plan, attached to this Addendum and identified as "Exhibit 2." All other terms of the AGREEMENT shall remain the same. IN WITNESS WHEREOF, the parties do execute this Addendum the day and year first above written. CITY OF MERIDIAN, IDAHO By: Tammy de Weerd, Mayor Attest: Jaycee L. Holman, City Clerk LAKEVIEW MERIDIAN INVESTORS, LLC an Idaho limited liability company by OAAS LANEY, Inc, an Idaho corporation its Manager By: T. Erik Oaas, President EXHIBIT 2 PROPOSED CAPITAL IMPROVEMENTS LAKEVIEW GOLF COURSE Lakeview is proposing to perform a minimum of $12,000.00 of capital improvements per year in exchange for annual consideration of a waiver of the $6,000.00 annual rent. Priority imarovements include: Description Lakeview Investment Donated Year 1. Cart path rebuild $0 $7,500.00 2010 2. Cart path rebuild $3,000. 2011 3. Carts (purchase, lease, rent, or restore) $18,000. 2011 4. Carts (purchase, lease, rent, or restore) $18,000. 2012 Possible additional capital improvements include: Bunker Renovation $6,000. Bunker Restoration (add sand) $12,000. Renovate Tee Boxes (over 5 years) $6,000./year Tree Placement $2,000./year Practice Mats (Driving Range) $5,000. Window Blinds in Clubhouse $1,500. Range Ball Dispensing Machine $6,000. Clubhouse Furniture Restoration $3,000. Reclaimed Water System _ Sprinkler System Rebuild #8 and #9 Greens EXHIBIT 1 TO REVISED GOLF COURSE LEASE GROUNDS MINIMUM MAINTENANCE SCHEDULE During active golf season (Generally May l St to October 1St) Lessee shall undertake the following maintenance activities as a minimum baseline (Maintenance during off-season shall be as needed) A. Mow greens 6 days per week. B. Mow tees 2 days per week. C. Mow fairways 2 days per week. D. Rake sand traps 2 days per week and spot rake as necessary. E. Change cups 3 days per week. F. Mow practice area 3 days per week. G. Change tee boxes 4 days per week. H. Fertilize tees, fairways and greens at rate of .75 pounds of nitrogen/1000 sq ft, per year with applications divided at operator's discretion. I. Aerate fairways every other year. J. Aerate and sand greens 1 time per year. K. Top dress greens every 6 weeks. L. Groom greens as necessary. M. Mow rough 1 time per week. Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Police Department: Budget Amendment for Police Miscellaneous Grants for aNot-to- Exceed Amount of $3,600.00 MEETING NOTES ~-~~~ ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a~~ ~ ~ < w ~~~ N ~ ~ ~ ~ m {Q~ o ~ c~ p mrnm v ? ~ C ~ ~ ~ ~ C N p O ~ N ~ . ~ ~~~p ~ °-' in° ~ m'~rn ~Q ° ~ ~~ m .~.~ Sim '' c p ~ m ~, ~, aaa ° ~ m m ° ID .. ~ y rn m h ~~~a v 5~° 33~ v ' ~ ~~ ' o • ~ ~ $ v ~ ~ o v m m m ~~~ gin Q m ~ c~ = m~ Z p 0 c ~- ~ ~.n~ , ~m ~ g3 m ~, ~ r°n m o d ~~ ~ n~ 3 ~' p o T ~g a ~ a ~~. .cQ ~ ~`~~ rn y ~ g p o m ~ ~ <' < < mmm -, m m Z -~ 3 XZ c6 ~ ~ a ~ e~pa~'O ~ < ~0 ~p n o ~. .~+ ~ aaa NOW ~ ~ ~ c0 ~ ~ o C~ h $t Qt ~ O . r~,gp ~ v, ~ o o ~ .. N . .. c i°°a ~ °'o °o ~ a. ~ 3 ° ~ . p _ ~ ~ ~ ~ m , ~ O ~S a '-~. 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N -~ O ° . t_ N J ° N Q O r ~ ~ ~ O m ~ ~ m K ~ 3 ~ C A N 7fi N 3 '"' `"' m ~ ~ ~ x M ~ O K ~~ O iD r A N A N A N A N A E A > A > A ~ ~ ~ n n t3 0 ~ (11 O N O N O N O N W O N X W 0 N 0 O 0 ~_ ~ O W N S A O ~- O ~ 3 N Ow Z ~ m m ~ ~ -n c 0 ~ `2 v r O 3 0 ~ ~ A n D ~; O c`c ?: °' w ~ n 0 -• - 3 3 N y ~. ~ vJ m n A m -n ~ L! o ~ 3 f v ~ ~ 0 ~ ~ ~ ~ ~? ~ ' rn x m o a c ~. rA ar w, w ' .~ 3 o '~ c ~`°a o=Zo Z ~oo~ cn~~z nnm Z r ~ r 0 m~~ D ~ rn ~mD r r C ~ ~ ~ ~ ~ ~~ ~ ~ ~ r ~ , r o O ~ ~ ( ~ ~ I a C ~ v~ ~ ~, ~~ Dm $v ZD vz 3 m z --1 A a -i '0 3 ~, r 1 v 0 a m ~~ ~~~,. ~' / F 0 ~ i ~' ~ ~ v ~ v c v 0 ~ ~ ~ ~ m ~ ~ ~ \ G ~ ~ o ~ o ~ ~ ~ N N ~ N ~ N ~ ~ ~ ^ ~ ~ ~ ~ N ' o 0 0 o ~ m ~1 ~ ^ o o z 1 r ik Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Planning Department: 3131 /3163 Lanark Development Agreement Modification Application Fee Waiver Request by Patrick McKeegan MEETING NOTES ~'ct+~-t~~ 1'--t c ~eq ~.+--~ L> w ,~-4, d~~-o,Lvr,, 17~n~~ ~- n~a~ Co-~S cGE' e-~ ~ ' re~uv CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF. SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Nov, 26. 2010 3:39PM PATRICK MCKEEGAN ARCHITECT .~.. Patrick McKeegan Architects p0 Box 5845, Boise, ID 83705-Ot345 280 N. Latah St. Ste. 100 Boise, ID 83706 208.424.8608 Fax 208.424.8609 www. mckeeaanarch. com November 26, 2010 To: Mayor 7arnmy de Weerd Meridian City Council City of Meridian, Idaho Re: Development Modification Application Fee Waiver 3131/3163 Lanark Dear Mayor de Weerd and Council, No. 3135 P. 2 My client Ted Sigmont, 3131 Lanark LLC and 3163 Lanark LLC is submitting a Development Modification Application. The reason for the application is to request a change in the requirement fora 10 foot wide pathway. The request is because of the significant costs for the improvements which the property owner cannot fund at this time. The property has been in and out of foreclosure this year, Currently the owner has a tenant but need to use all available funds that he can borrow for the tenant improvements- The $34,000 plus cost for the pathway in the location desired by ITD was not anticipated or budgeted for. At this time Mr. Sigmont needs every available dollar to keep this process moving forward so he can get the building occupied. I would respectfully request that the application fee for this application be waived based on financial hardship brought about by the economic crisis we have endured for the last 3 years. Mr. Sigmont is trying desperately to get the building occupied so he can keep it. Thank you for consideration of my client's request. Sincerely, Patrick McKeegan Architects atrick McKe n AIA Principal Architect Nov, 26. 2010 3:39PM PATRICK MCKEEGAN ARCHITECT No, 3135 P, 1 Patrick ,.~ 1V~~~eegaa - ArchYtect Fax Cover P DATE: November 16, 2010 PROJECT NO: FROM: Patrick McKeegan 2 Pages TO: Sonya Wafters (including cover page) FAX NUMBER: 888-6854 Original will ® will not ^ be mailed RE: 3131 Lanark DA Mod request Attached is the fee waiver letter addressed to Mayor de Weerd and the Council. The notices for the neighborhood meeting were mailed on Wednesday. I am working on the application and will have it faxed over today. Thank you for your help, Patrick Slgned: Copies: File 280 N. Lalah, Ste.100, PO Box 5845, Bolse, ID 83705 a mckae anarch.com Ph: 206.424-8608 fax: 20824-8609 Jaycee Holman rFrom: Bill Nary ;ent: Thursday, December 02, 2010 2:50 PM To: Machelle Hill Cc: Jaycee Holman; Jacy Jones Subject: RE: Lanark Fee Waiver Request Anyone can request a fee waiver that is separate from the project. We can discuss in the morning. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 -----Original Message----- From: Machelle Hill Sent: Thursday, December 02, 2010 12:37 PM To: Bill Nary Cc: Jaycee Holman; Jacy Jones Subject: FW: Lanark Fee Waiver Request Hi Bill, ~~"'~. Tease see below...thanks, Machelle From: Jacy Jones Sent: Thursday, December 02, 2010 11:34 AM To: Machelle Hill; Jaycee Holman Subject: FW: Lanark Fee Waiver Request Hey ladies- „/ll~ Y~"I I have not seen anything come back on this from William. Will one of you follow up with him today on it before 3pm so that if he thinks next week is fine we get it into AM on time?? Thank you thank you thank you thank you! From: Jacy Jones Sent: Wed 12/1/2010 4:00 PM To: Bill Nary 'W`''.c: Jaycee Holman; Machelle Hill subject: Lanark Fee Waiver Request Hello, 1 Please see the attached document. .~ We received this request to waive an application fee for an MDA. The project/public hearing is scheduled to be heard at the December 28, 2010 City Council meeting. Sonya W. would like this fee waiver request to be approved next week (12/7). I have received an e- mail from the applicant that they intend to apply regardless of the outcome of this request. I assume that it would go on as a Planning Department Report. We have a few concerns about "putting the cart before the horse" on this one. My first thought is that the letter does not provide sufficient information about the project for Council to make a decision. Jaycee H. brought up another good point about the parameters limiting discussion on the fee waiver request; since the public hearing isn't opened until 12/28 can a request like this where details about the project will be discussed appear at a meeting prior to a public hearing? What are your thoughts on this? Let me know if you have questions and I will attempt to explain. .-) Jacy Jones Deputy City Clerk City of Meridian jjones@meridiancity.org 208-888-4433 ext. 1393 2 Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: $~ PROJECT NUMBER: ITEM TITLE: Legal Department: Williams Pipeline Contract Discussion MEETING NOTES 1~L ©h~ n ~ o.C.\L ,d 2. S.Iv-c~ ~~~~~- CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~I g - ~or,q-~a~ ma,i~a ~ CONFIDENTIALITY AGREEMENT WHEREAS, Northwest Plpellne GP, a Delaware GP, ("Northwest.") is willing to furnish. the City of Meridian, a municipality in the county of Ada. within the. state of Idaho ("Recipient") with certain confidential information, which also qualifies as "Safety Sensitive Information ("SSI").under federal law in connection with Recipient's GIS database stored on a secured server available only to emergency responders and their support staff. ("Confidential Information"); and WHEREAS, Recipient is willing to keep the information strictly confidential under the terms and conditions set forth in this Confidentiality Agreement. NOW, WHEREFORE, Northwest and Recipient state, promise and agree as follows: L With respect to any Confidential Inforrnatian received by Recipient from Northwest, Recipient acknowledges that the Confidential Information also qualifies as SSI under federal law and shall be disclosed only to Recipient representatives, on a "need to know" basis, and said representatives agree to be bound by the terms and conditions set forth in this Confidentiality Agreement. 2. Confidential Information which is furnished pursuant to this Confidentiality Agreement shall be identified as such by Northwest. n 3. Recipient shall. treat Gonfiidential Information confidentially and no such person shall use any of the Confidential Information in a manner which may foreseeably result in, or require, disclosure of any of the Confidential Information to any person not bound by this Confidentiality Agreement. 4. All documents which include Confidential Information shall be maintained by Recipient in a manner reasonably calculated to prevent unauthorized disclosure. By furnishing Confidential Information pursuant. to this Confidentiality Agreement, Northwest will retain in all respects any claim to confidentiality it may have had and thereafter may have. with respect to all such Confidential Information. The furnishing of Confidential Information pursuant to this Confidentiality Agreement shall constitute neither (1) public disclosure of any of the Confidential Information, nor (2) full or partial waiver of any claim of Confidentiality. 6. All documents including Confidential Information shall be returned to Northwest by .Recipient, or shall be destroyed if so requested by Northwest. Destruction or return of the documents shall be accomplished within ten (10) days following a demand by Northwest far the return or the destruction of the documents. Upon termination of this Confidentiality Agreement, the Recipient shall not disclose any information originally identified as Confidential Information by this agreement. 7. If Recipient receives a request for disclosure of the Confidential hlformation, it will take all reasonable efforts to resist such disclosure under all applicable exemptions that exist under federal law. 8. This Confidentiality Agreement shall be governed by and construed in accordance with the laws of the State of Utah. 9. Following are the names, addresses, telephone and FAX numbers of Northwest and Recipient to whom future communications regarding this Confidentiality Agreement may be directed, unless specified otherwise in writing. Northwest Contact Rob Harmon 295 Chipeta Way Salt Lake City, UT, 84108 Phone 801 584 6856 Fax 801 584 7776 Recipient Robin Jack 33 E. Broadway Ave. Meridian, ID 83ti42 Phone 208 898 5500 Fax 208 898 9551 Dated this ~ day of ',~~~~ 2010. Recipient Northw ipeline GP B : Robert C. Harmon Title: Manager, Engineering & GIS/Survey Date: t~=t.:.g ~.~, '°l ~ By: Tammy e W eerd Title: Mayf Date: Meridian City Council Meeting DATE: December 7, 2010 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Ordinance No. ~ ©`~~~~ An Ordinance of the City of Meridian for Annexation of a Parcel of Land Being a Portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho: Located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C- C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT T I-t~anK-- - I~vb1~S1~ a,.l ~a~ q - ~~ , ADA COUNTY RECORDER ~. DAVID NAVARRO AMOUNT .00 TOME IDAN01?/09110 08:59 AM DEPUTY Uta Qatl RECORDED-REauES1' o~ III Ililllllillllllllllllllllllllll ,,,,,~ Merician Cily i i 0115734 CITY OF MERIDIAN ORDINANCE NO. ~~ - ~ ~ (a 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 09-008 MERIDIAN CROSSING) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, H)AHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C-C (COMMUNITY BUSINESS DISTRICT); H-E (HIGH DENSITY EMPLOYMENT DISTRICT); M-E (MIXED EMPLOYMENT DISTRICT); R-40 (HIGH DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVH)ING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Meridian 118, LLC.. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business District); H-E (High Density Employment District); M-E (Mixed Employment District); R-40 (High Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said ln'oP~Y• SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well r~•. as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION -MERIDIAN CROSSIlVG (AZ 09-008) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full '~` force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of I~P~p_m~ar , 2010. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of I~~Cennb~ f , 2010. ~~L ~~~ MAY AMMY de WEERD ATTEST: ` ~~.~~y pF MERj ~~ ,~~ JAYC L. HOLMAN, CITY CLERK SEAL ~` ,~~o~ ANNEXATION -MERIDIAN CROSSING (AZ 09-008) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of ['PM~y- , 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto .set my hand and affixed my official seal the day and year first above written. ~.....~ (SEAL) ••g1CA J~~••. ~ ~G~ ,~~~ T t ~ J ~ ~• ~'S • ~ `. • y. ~ • . ~ , • . . ~ %Oi ••'.9fE OF'N••. ~....• N ARY PUBL FO AHO RESIDING AT: M~-~~,on , 17 MY COMMISSION EXPIRES: ~ n el • ant ~ ANNEXATION -MERIDIAN CROSSING (AZ 09-008) Page 3 of 3 h Exhibit A -Legal Description -1- DESCRIPTION FOR MERIDIAN CROSSING ANNEXATION TOTAL PARCEL AUGUST 26, 2009 A PARCEL OF LAND BEING A PORTION OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 15, T.3 N., R.1 W , B.M ; THENCE N 89°14'54" W 1321.56 FEET TO THE NORTHEAST CORNER OF THE NW 1/4 OF THE SE 1/4, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°33'33" W, 1299.39 FEET ALONG THE EAST LINE OF THE WEST 1/2 OF THE SE 1/4 TO A POINT ON THE NORTHERLY R1GWT OF WAY OF I-84; ALONG THE NORTHERLY RIGHT OF WAY OF I-84 THE FOLLOWING: THENCE S 88°47'14" W, 312.06 FEET TO A POINT; THENCE N 86°48'36" W, 675 51 FEET. TO A POINT; r~ THENCE N 84°05'16" W, 546.26 FEET TO A POINT; THENCE N 84°22'54" W, 13918 FEET TO A POINT; THENCE N 81°25'30" W, 569.26 FEET TO A POINT; THENCE N 85°10'39° W 150.33 FEET TO A POINT; THENCE N 81°21'48" W, 26620 FEET TO A POINT ON THE WEST LINE OF 7HE WEST 1/2 OF THE SE 1/4; LEAVING THE NORTHERLY RIGHT OF WAY OF I-84: THENCE N 00°40'08" E, 1095,74 FEET TO THE SOUTHWEST CORNER OF THE SE 1/4 OF THE NW 1/4; THENCE N 00°39'49" E, 1328.77 FEET TO THE NORTHWEST CORNER OF THE SE 114 OF THE NW 1/4; THENCE S 89°15'14" E, 1321 52 FEET TO THE NORTHEAST CORNER OF THE SE 1/4 OF 'THE NW 114; THENCE S 00°36'37" W, 1328,91 FEET TO THE SOUTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4 (CENTER 1/4 CORNER SECTION 15); THENCE S 89°14'54" E, 1321.56 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 115.26 ACRES, MORE OR LESS. June 26, 2009 Q:\22169\OS-Srv\O1-Doc122169-TOTAL PARCEL.doc Exhibit A Page 1 ,,...~ THIS PARCEL IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY ~'\ ,I"1~ MICHAEL E. MARKS, PLS N0.4998 wQattllNi an ours ' NW i/4 _ _ eo~~s~_ir~.s~ MERI[M/Vi an uY114 NE ~ IS I~ i ~ In ~ ~titi $' ids aJ zi '" CENTER 1/4 CORNER 0~ - ~ , . w es•u r'w` is2z.~s,- 12ti£s'~5~++>~.sg Q' ~` 115.26 ACRES i ~ '~ 1~ ~ ~ ~} SW ./a gl ~ I~ ; > I M ~ .~ a • N ~1 w 26 7i .. ~ N !{7 4`M N ~~~.~ ~~ N Yd' ~ S !Y{7µ'w I-84 (PUSUC) ~Po~ ~~Z~ wonwow~c I FRANKLIN ROAD (PUBLIC) 1 ~1 1 4 i /4 + i/4 CORNER` ~ CN ~ .. v II ~ 1 O ~ ° ` iE i/4 "~ I ~ m 8 i zp~ y F ~ R \~ 9'/ ~~ Es u OVERLAND ROAD (PUBLIC) 2 23 U1 'u1H.~~ Exhibit A y~ ~+ $ ~' `~~ V ~d 1~ en.. ~ o ~m~ U ~i3~ ~ ~ ~~~ ra' ~~~ C J Page 2 i"~. DESCRIPTION FOR MERIDIAN CROS~TG ANNEXATION GC ZOl-lE PARCSY AUQUST 26, 2009 A PARCEL OF LAND $EINt3 A PDRIIDN OF SECTION I5, TO'WNSHIP 3 NORTH, RAN4F i WEST, BOISE MERIDIAN, ADA COUNTY, IDAHD, Iil?1N(3~ MORB PARIICULARLY DESCRIBED AS FOLLOWS: COMiu1t71TCIDIG AT THE FAST 1/4 CORNER OF SECT ION I S, 13 N , R.1 W ., B_M. B M., THRICE N 89°14'54" W 1321.56 FTsEI IO THE NORIHI2.ASI CORNER OF I1~ NW 114 OF IHE Sfi i/4, THI? REAL POINT OF BEGINNING OF THIS D}7SCRIPTION; THENCE S UO°33'33" W, 419 501'~sI ALONG IHE EA:3T 1.iNE OF'I'HB NW Il4 OF THE SE 114 I O A POIIVT; TI~IGI? S 88°24'35` W, 422.36 FEEI TO A POINT; THENCE 306°13'49" W, 15031 FEET Ii0 A POIIVT; IHENCE 9648 FfiET ALONG A TANGENT CUItVY7 T"O IHFs RIGHI, SAID CURVE ,,...~ HAVING A RADIUS dF 125.fl0 PFEI, A DELTA AN4Lfi OF 4a°1375", A IANG7sTiI LFNGIH OF Sfl T9 FSET AND A CHORD WHICH B]3AItS S 28°20"32' W FOR A DISTANCE OF 94.10 BEET TO A POINT OF IANCtENCY; T.[TE,IVCL S 50°2T15" W, 698 94 FIEI 70 A POATI; IHENCE N 39°32'45" W. B$0 72 IT'sfiT TO A POINI; THENCE S 50°27'15" W, 436 69 FEET i0 A POINI; IHENGE N 39°32'45" W, 978.?0 FEET r0 A POINT; IFIENCE 64.99 FEET ALONG A TANGENT CURVE TO THE RIGFIT, SAID CURVE HAVING A RADIUS ply 150.00 FEET, A DI.LIA ANGLE OF 24°49'22", A 'fANt3ENT T„ENOIH OF 33 O1 FFET AND A CHORD WHICH I3E:ARS N 27°08'04" W FOR A DISTANCE Ok 64.48 FEEL IO A POINT OF TAN(i7s'P1CY; IHENC$ N 14°43'23" W, 40.69 F EET 70 A POINI; "THENCE N 74°35'27" E, 116 37 FEBI i0 A I+t?INI; Juno 26, 2009 Q:122169105•S~v101-Dac122169 ZONE C-C doc Exhibit A ~'"~ 'II~[CE S 39°32'45" E, 880.12 FEET TO A YOINI; 7HETiCE N 10°21'1 S" E, 698.44 FEET IO A PO)ATT OF CURVATURE; IHENC~3 96.48 FfiEI ALONd A IANdENI CURVE IO TH>r LEFT, SAID CURVE IiAVIIdO A RADIUS OF 125.00 FEET, A D$LTA AN(ILE OF 44°13'25", A TANCI$NI LENdTH OF 50.79 FfiSI AND A CHORD WHICH BEARS N 2$°20x32" E FOR A DISTANCE OF 44.10 FEET I'4 A POINT OF TAN©E[~TCY; T3~NCE N 06°13'49" E, 150.21 F$ET TO A POINT; IHEAICB N 88°20'35" E, 422.36 FEET I O THE REAL POINT OF BEGiNN[NC, CdNTAIIVII~TO 27.2? ACRES, MORE OR LFSS- MICHAEI. E. MARKS. PLS N0.4998 R SY ~~~~ M WR RK~S DuE'P~ June 26, 2009 Q:1221b410S-srdwl-Doc122169 ZONE H-E doc Exhibit A ~"~ DESCRIP'PION FOR MERIDIAN CRO&SY1VG ANN&XATIOi'I M E ZONE PARCEI. AUGUST 26, 2009 A PARCEL OF LAND BETNG A PORTION OF SECTION 1S, IOWNSHIP 3 NORTH, RANGB I WEST, H01SE MERIDIAN, ADA COUNTY, IDAHO, Bgnva N10RE PARTICULARLY DfiSCRIHED AS FOLLOWS: CON1N1fiNCING AT T'HE EAST 1!4 CORNER OF S~ECTIOIV 15, I.3 N-, R.1 W., B M, B M~~ THENCE N 89°14'54^ W 2643.12 FFI3T IO TFiT3 SOUTHEAST CORNER OF THE SE 1/4 OF THE NW 114 (CENTffit 1/4 CORPIF.R. SECTION 15}; THBNCE N 89°14'81" W, 1322:76 FEfiT TO SOUTHWEST CORNfiR OF THS SE 1!4 OF THE NW il4, THB REAL POINT' QF BEGII~iIQING OF IRIS T?ESCRIPII(7~N; TRENCH N 00°39'49" E, 127b.39 FEET ALONG IRE WEST LINE OF THE SE I/4 OF THE NW 114 TO A POINT; IHII~TCE S 39°32'45" E, 1097.09 FEET TO A POINT; THENCE 3 SZ°56'47" W, 421.85 FEfiT TO A POINT OF CURVATURE; IHENGfi 188.8$ FEET ALONG A TANGENT CURVE TO THE R;IGAT, SAID CURV$ HAVING A RADIUS OF 500.00 FEET, A DHLIA ANGLE OF 21°38'41", A TANGENT LENGIH OF 95..58 FfiEI AND A CHORD WHICH BEAR3 S 63°46'07" W FOR A DT3IANCE OF 187 76 FEI3I TO A POINT OF TANGENCY; THENCE S 74°35'27" W, 116 31 FEE;I TO A POINT; THETTCfi S 14°4373" E, 44.64 FELT TO A POINI OF CURVATURE; THENCE 64.99 FEET ALONG A TANGENI CURVH IO THE LEF I, SAID CURVE HAVING A RADIUS OF 150.00 F)3FsT, A DEI.IA ANGLE OF 24°4922", A IANGENT Lfi'NGT13 OF 33.01 FEET ANb A CHORD WFIICH BfiARS $ 27°08'04" B FOR A DISIANCH OF 64.48 FEET TO A POINI OF TANGENCY'; THENCE S 39°32'4$" E, 918.70 FEET TO A POINT; TRENCH S 50°27'15" W, 357 0~ FEfiI TO A POINT OF CURVATURE; IHENCE 107.32 FEET ALONC3 A TANGENT CURVFi TO THE LFsFT, SAID CURVI? HAVII~iG A RADIUS OF 15000 FF.:BT, A DELTA ANGi.fi OF 40°59'41 ", A Ivue 26,2009 Q:122169105-Stv101-Docl2Z164 ZONE M-B.doc .~"~ Exhibit A TANGENT LEhiGTH OF 5b_07 FBI AND A CHORD WHICH BEARS 3 29°5?'24" W FOR A DISIANCE OF 1O5A5 FSEI TO A POII9T OF ?`A~JQl~1CY; THENCE S 09°2T34" W, 86.35 FEET TO A POINT ON T~ NORTH&1tLY RICIHI OF WAY OF I-84; IHBNCE N 85°10'39" W, 128.83 FEET AIANG IH5 NORIHERLY RIGHT OP WAY OF Y-84 IO A POINT; THI~TCB N 81°21'48" W, 2b6.20 FEET' ALONtt TT~B NORIKERLY RIGHT OF WAY OF I-84 TO A FOINT ON II1E WEST LINE OF THE NE it4 OF THE 3W U4; IHENCE N 00°44^08" E, 1095.74 FEEI ALONG THE WEST LINE OF TH1~ N)E l/4 OF THE SVN 1t4 TO THE REAL ,POINT OF BRGD~N,II~1G, CONTAINING 2257 ACRES, MORE OR LESS MICHAEL B. MARKS, PLS NO 4998 ~.."~ REYI~`7iy~ ]Y jp 9 +~ a7GT Q L """~ ~WpD~C 7~ 26, 2009 Q:l22ib910i-StvWl-0ce122169 ZONE M-fi.doc Exhibit A ~"'~ DESCRIPTION FOR IDIAN CROSSDdC ANNEXATION R-40 ZOI~ PARCEL AUGUST 26, 2009 A FARCEL OF LAND BfiING A PORTION OF SECTION 15, "Y'OWNStiE' 3 NORTH, RANGE 1 '4UEST, BOISE I~RIDIAN, ADA COLFNIY, IDAHO, BEING iVIO1t8 PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT IRE EAST 114 CORN~t OF SECIION i 5, I 3 N , R 1 W., B M,, B.M., TRENCH N 89°i4'S4" W 264312 FEEI TO iH$ SOUTHEAST CORNER OF THE SS 114 OF THE NW 114, (CENTER 114 C01tNER SFsCIION 15); TTIENCE N 00°36' 37" E 915.37 FAT' ALONC3 IRE bASI LINE OF IRE 3E 114 OF THB NW 5. TO TIIB REAL POIATI' OF BI3GINMNG 0~' THIS DESCItI[' LION; THENCE 3 52°56'47" W, 773.74 FEET IO A POINT; THENCEN 39°32'45" W, 109709 FEET TO A POINT ON THE WEST L~1Fs OF IRE SB 114 OF THE NW 1/4; THBNCE N 00°39'47' E, 3238 FEET'P4 TIIE NORTHWEST CORNIsR OF THE SE 114 OF THE NW ll4; T'HENCTr S 89°IS'k4" E., 1321.52 FEET IO THE NORTHfiASI CORNER OF IRE SE i14OF ~HENW 1f4; THfiNCE S 04°36'.3 r W, 4I3.?4 FEBI ALONG IRE EAST LINE OF THE SIr 114 OF THE NW 114 IO IRE REAL POIi!H? OF $EGI1VNiNC CONTAININfl 16.83 ACRF,3, MORE OR LE33. MICHAEL E MARKS, PI.S 1~ 4 S ~1Eyt'~O~RK8 LIC Juwe 26, 2009 Q:12216g105-3:v101-Doc122169 ZONE R-40 doc Exhibit A ~~~~ Exhibit B -Map ~ ~inuaett an uriTS ~ t NW 1/t FRANNUN ROAD (PUBLIC) 1 11 ,_ ~. !Y~£td~€..~j~36~ Ytloow~ RIY Ulr/9 1 4 ~,O ~ ~~ eo~a ~ i/4 ~ I ~ I }~ ~ 3 ~'~' qq~ I ~ ~ ~ ~~ I c ~ ~~ '!7• • CENTER i/4 CORNER ~. ~ I _ _ v~ I/4 CORNER- - N d1•?' k ~ ts72.7f'~` Q~i~~i.~.~.i~~. ~ EY~~4', ^ , f7ti'.!{' _ i5 Id W~ P og ,E. +I o-a mNL ~.a ~ Z ~ r ~ SW i/4 =1 s tszre~s.asx z (~ i ~g & w ~ ~t~ SE 1/4 ~ ~o ~ ~ ~ A rx .av y g n ~ » '~S I w to M ~~ ~~~ r ~s rn ~ ~ +sa., .~\ N 6 t %'N' ~ IpMIL t-84 IptJeuC) s'' urue ra 9EP ~ Z 7Z~1 ~ 1 ~~ J ¢ ovFRUwo RoAO (auauc) 1 ~"'~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.10- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for parcel of land being a portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 115.26 acres more of less. Also, these parcels are SUBJECT TO all easements and rights- of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2010. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk ~ First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2010. William. L.M. Nary City Attorney ORDINANCE SUMMARY -MERIDIAN CROSSING (AZ 09-008) TRENCH 188.88 FEET' AIANCt A TANCiTNI CURVE IO IH8 LEFI, SAID CURVE HAVING A RADIUS OF 500.00 FEET, A bBLIA ANGLE OF 21°38'41", A FANQEPIT LENGTH OF 95.58 FIs~I AND A CHORD WHICH BEARS N 63°46'07" E -. FOR A DISTANCE OF 187 7b F&EI IO A POINT OE IANGFsNCY; THENCE N 52°56'47" E, 1197 58 FEET i0 A POINT ON THE L'A8I LINfi OF IRE SE 1140E IHENW 114; TRICE S OQ°36'37"'4V, 915.17 FfiET TO TH$ SOUTH6ASI CORNER OF THE 3B 1/4 OA 'I}iB NW U4 (CENTER 114 CORNER SECT 10N 15); IH~ICfi S 89°14'54" $, 1321 S6 F)3E'I' TO IRE REAL PRINT OF BEGIPINIPiG, CONTAIMN4 48.59 ACRES, MORE OR LESS. MICHABi. E MARKS, PLS N0.4998 R~~ AI. SY ~~~~~ r~fAtl0lAfl ptl~ yy0RK5 ~'~ Q:122I69W5-S~~t01-lboctz2169 ZONE GC.doc Exhibit A nFSC><aJCrriaN FoR MERIDIAN CROSSING ANNE7Cl1,TIU~i II-E ZO1V$ I'AIR!CEI.. AUGUST 2b, 2009 A PARCBL OF LAND BEING A PORTION OF SECTION 15, I OWNSFDP 3 NORTIi, RANGE I WEST, $OISB MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DBSCRIBED AS FOLLOWS: COMMFNCWG AI IHB EAST 114 CORNIIL OF SECTION 1.5, T.3 N., R.1 VV., H.M, B.M., THENCE N 89°14'54" VJ 1321.56 FEET TO THE NORTHEAST CORNER OF THE NW 1l4 OF THI; SIr ll4: THENCE S 00°33'33" W, 419 S4 FI+.E7 ALONG 7HB EAST LINE OF IHE WE3I 1R OF tIIE SE i/4 IO THE REAL PQTNT UI+ BF'iGINNIIYG OF I IBS DESCRIPTION; TfIF1dCE S 00°333° W, 879 89 FEET TO A POINT ON IHS NORTHERLY RIGHT OF WAY OF I-84; ALONG IFIE NORTHERLY RI(1HI OF WAY OF I-84 IHE FOLLOWIIr1G: /"~~ TRENCH S 8$°47'14" W, 313 06 PBBI IO A POINI; THENCE N 86°48"3b" W, 6?S.5 i FRET IO A POINT; IHENCE N 84°05'16" W, S4b.25 FEEt TO A POINT; THl?3~1CS N 84°Z2'S4" W, 139 18 F~HI TO A P'OINI; THENCE N 81°25'30' W, 569 26 F>~I TO A POINT; THENCE N 85°10'39" W, 21.54 FEET IO A POINT; LEAVIAiG THE NORTHERLY RIGHT OF WAY OF I-84: THisSNCB N 09°ZT34" E, 86.35 FEET TO A POINT OF CURVATURE; THENCE 107.32 FEET ALONG A TANGENT CURVE TO I'HB RIGHT, 3Alb CURVE HAVING A RADIUS OF 150 00 FEBT, A DELTA ANGLH OF 40°59°41", A TANGfiNt 4BNOTH OF 55.07 FEEI AND A CIiORD WHICN B 3 N 29°57'Z4" E FOR A DISTANCfi OF 103.05 FEET tO A P01NT OF TANGENCY; 'Y FIBhiCB P150~°2T 15" E, 793.75 FEET IO A POINT; 1u:ae 2b, 2009 Q:1Z2169105-Srd10l •Doc12Z169 ZONE H E.doc ~~ Exhibit A TAA]GENI' LENGTH OF 5b.07 FEAT AND A CHORD WHICH BHAR3 3 29°57'24" W FflR A DISIANCB OF l OSAS FBET TO A POIIdT OF TANGENCY; THENCE S 09°27'34" W, 86.35 FEET TO A POINT ON THA NflRI"HZsRLY RIG}3I OF WAY OF I-84; IHBNCE N 85°14'39" W, 128.83 FEET AIANG ISE NORIFIBRLY RIGHT OP WAY OI' I,84 TO A POINI; IIIHNCB N S ]°21'4$" W, 266.20 FEET ALONG TI~38 NORTHERLY RIGHT OF WAY OF I-84'f0 A FOINI ON TIME WESI LIN& OF IFIE NE 114 OF THE 3W 114; IFII:'NCE N 00°40"08" E, 1095.74 FEET ALONG THE WE3I LINE OI' THE AiE 114 OF IH& SW 1!4 70 THE REAL 1P01NT OF BOrGI'NNING, CONTAIIdING 1.257 ACRES, MORE OR LESS MiCEIAF.L B. MARKS, PLS NO 4948 REUI~`~~~~~AL- 3Y 5EPfl2~ ~ WORKS DlPL C June 26, 2409 Q:L22ib9P105tiSxvW1-Doct2?ib9 ZONE iM-E.doc i"`~ Exhibit A ,~"`~ DESCRII'TxON FOR 110IYtIDIAN CROSBWG Alw11VBXATION R-40 ?RIVE PARCEL AUGUST 26, 2009 A PARCEL OF J.AND BEING A PORTION OF SECTION 15, TOWN$EiIP 3 NORIH, RANGE 1 WEST, $QI$E MIiR@IAN, ADA COUNIY, IDAHO, BB1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: OOIvII~T1CING AI THE BAST 1/4 CORNER OF SF~CIION i 5, I 3 N , R 1 W., B M,, B.M, THENCE N 89°I4'~4" W 264312 FEET IQ IH$ SOUTHEAST CORNER Ol I~ SS 114 OF THE NW 114, (CENTER U4 CORNER SECIION 15j; THENCE N 00°36' 37" E 913.171'I' ALONG IHfi &ASI LINE OF IHE 3E 1/4 OF THB NW y 70 THB YtEEAI. POiIVT OF BBGINNIIVG Ol THLS bESGRI~ION; ?HENCE S 12°56'47" W, 773 J4 FEET TO A POINT; IHENCEN 39°32'45"' W,1097 09 FEEI TO A POIN7 ON THE WFS7 LLNFs OF IiiE SB 1!4 OF THE NW i/4; ,.-~ THENCE N 00'°39'49" E, 52 38 FEE'T' 1~0 THE 3VORIHWEST CORNTsR OF IH8 SB 114 OF THE N4V 114; THENC>~ S 89°1514" E, 1321.52 FEJ3T IO IHB NORTHfiAST CORNER OF IHE SE 1140E IHENW 114; THENCE $ 00°36'3 T Vr, 413.74 FEBI ALONG THE EAST LINE OF THt; SL' 114 OF TREE NW fl4 IO THE REAL POINT OF BEGINNNIIVG CONTAQJINO 16.83 wcRlrs, MoI~. oR Liss. 1+,ucI-U-Et E MARICS, PI.S r 's Jvae 26, 2a09 Q:122169ti05-5iv101-Doc122169 ZONE R-40 doG /"\ Exhibit A ~dt~pg atE~ UC Exhibit B -Map NW f/4 °~ ~ wiarouw on ~n 1 i _ FRANKIJN ROAD (Al1B1JC} f 1f lFf~a' t f8~.8~' Yfli01AN Q11t tI1Kf9 A 4 ~.~..~...~.~. L eb-~0 70N[ ~ 4~~ I xas AO~t c a NE i/4 ~ I ~ ~~ I ~ ~~ G a u78'88• • CENTER i/4 CdtNER .oar ~ °~ N m'la ~' X ~i882,R'" ~~afc••i~~'~. v t/4 C A 8Y'I~i' w 17~1.9r _ ORNER f5 14 of ~ • N~ Q os' ~ s onxw r 1 ^ ~p~E ' W~ F Q N I v s ozre~e.~~ `~ ~ ii' ~~ SE 1/4 ~ ~.$ I ~ ( ~ at ~ ac ~ S 1° ~~ I ~ So n-E ~ ~~ !7.>Q 8881Li • N ~ ~~ 78 ° ~j N I _y 0~~ M ^~a4'IY N ~r.r~ 'iL ~! !C t f-84 (PUBLIC) 1 1~'N~ 8 w I '~ tK ra ~ aJEP 12 ~ I o-~ a +nououu~r~+c I ~' ~ ~a OuERLIWD ROAD (AUBUC) 15 14 ~ 1' 2 23 ,._._~~ QO8 SW i/4 ~I rt q$ ~ & ~ /`\ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.10- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for parcel of land being a portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 115.26 acres more of less. Also, these parcels are SUBJECT TO all easements and rights- of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2010. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerk ,,....~ First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 10- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 10- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of , 2010. William. L.M. Nary City Attorney ORDINANCE SUMMARY -MERIDIAN CROSSING (AZ 09-008) ~"'~ THk~TCfi 188.88 FEET ALONG A TANC11zNT CURVE IO ?HS LEFI, SAID CURVE HAVING A RADIUS OF 50D.00 FEET, A DBLIA ANGLE OF 21°38'41", A FANQENT LENGTH OF 95.58 F1s~I ANI7- A CHORD WHICH BEARS N 63°46'07" E ~. kY?A A DISTANCE OF 187.9b FfiEI Il'1 A POINT OF TANGENCY; TI~NCE N 52°5647" E- 1197 58 FEET IO A POINT ON THE EASt L~tE OF THE SE 1!4 OF THE NW 114; THENCE S 00°36'37" W, 915.17 FfiFiT 110 THE SOUTH6ASI CORNER OF THE SL 1/4 OF T}iE NW U4 (CENIEIt I/4 COANBR SECTION 15); TH1fifCfi S 89°14'54" $, 1321.56 F~1' TO THE REAL POINT OF BEGINNIIYG, CONTAIMNC3 48.59 ACRES, IV10RE gR LESS. MICHA>;I. E MARKS, FLS NO.4998 a~+n a~ SY 5~02~ M,N~ppK9 DEP'~ .IUf1C 26, 2009 Q:122169105-St~01-Doc1221b9 ZONE C-C.doC ~"~'~ Exhibit A DFSC1tIPTION FQR MERIDIAN CR06SING ANNRXATION IT-$ Z4NS ~AR+C.7FL AvGUSr 2b, zoo9 A PARCBZ OF LAND BEING A PORTION OF SfiCTYON 1S, TOWNSHIP 3 NORTII, RANGE 1 WEST, $OISB MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DBSCRIBED AS FOLLOWS: COMMENCWG AI TH$ BAST 1J4 CORNER OF SECTION l5, T.3 N, R.1 W., H.M., B.M.. THENCE N 89°Id'S4" W 1321.56 FEET TO THE NORTHEAST CORNF,R OF THE NW IJ4 OF THB SE 1l4: TT~IVCE S 00°33'33" W, 419 SO FEE7 ALONG THE EAST LINE OF THE WESI itZ OF i'ITE Sfi iJ4 IO THE REAL POIiVT Olr BIRiGINNIIYG OF THIS DESCRIPTION; Ti~1dCfi S OOp33'33* W, 879 89 FEET TO A POINT ON IH& NORTHERLY RIGHT OF WAY OF I-64; ALONG THB NORTHERLY RI(}HI OF WAY OF I-84 IHI; FOLLOWING: ~"~ THENCB S 88°47'14" W, 312 bb PEBI TO A POINI; THENCE N 86°d8'3b" W, 6?S.S I FEET IO A POINT; IHENCfi N 84°OS'IS" W, S4b2b FEET I'O A POINT; ,NCB N 84°22'54" W, 139 18 FEHI I O A POINT; THENCE N 81 ~5'3Q" W, 569 26 FfiBI IO A PO1N I; THENCE N 85°l0'39" W, 21.50 FEET IO A POINT; LBAVING TTIE NORTHERLY RIOFI7 OF WAY OF I-84: I'HENCB N 49°2T34" E, 86.35 FEET TO A POIN7 OF CURVATURE; THENCB 147.32 FEET ALONG A TANGENT CURVE TO I'11Fs RIGHT, 3AYD CURVE HAVING A RADIUS OF 15000 FfifiT, A DELTA ANGLfi OF d0°59'41", A TANQENI LSNdIH OF 56.67 FEET AND A CHORD WHICH BEARS N 29°S 7'24" E FOR A DISTANCfi OF 105.45 >`EEt TO A POINT OF 7ANGEI~ICY; THENCE N 50°2T15" E, 793.76 FEET IO A POINT, line 2b, 2009 Q:122169105-Srv101-D~oc122169 ZONE H-E,doc .~1 Exhibit A GRANTEE: CITY OF MERIDIAN Tammy de e" d, Mayor ,~~~~- OF M~R~~/9~''', o L est b ycee L. Holman, City Clerk ~ ~ z' ~ ~~ ; ,- yo UsT s~ ~ Approved By City Council On: ~~(~ '/~~~~~~~ttrrvr~ ~ ~t~t~~~~~`\`` STATE OF IDAHO ) ss County of Ada ) On this ~_ day of '1~loyerr-~ , 20~C? ,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. .•••••. •.••SZCA JO••• wS~OTA~ ~ . . ' ;~ ,~ ~~`~N ~ N TAR PUBL HO (SEAL) ~ Residing at: ~~.~rt d lan. ' ~~ ' Commission Expires:~;~n, ~ c~ .~~ OF-ipP~. •..... /""~ WATER MAIN EASEMENT Meridian Easement.doc n:bperationslmeridian easement.doc