Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2011-01-18
, IDIAN I IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 18, 2011 at 7:00 PM 1. Roll -Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance and Posting of Colors by Scout Troop 145 3. Community Invocation by Ed Kreiner with Meridian Assembly of God 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of January 4, 2011 City Council Special Meeting B. Approve the Bid Amount of $520,236.00 for the Ten Mile Road - Cherry Lane to Ustick Road Reclaimed Water Pipeline Installation with Schmidt Construction and Authorize the Mayor to Sign the Agreement C. Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium for Meridian Arts Commission and Meridian Parks and Recreation Department Presentation of Missoula Children's Theater Production of "Snow White" on March 19, 2011, for a Not -to -Exceed Amount of $850.00 D. Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2011 Event for a City Contribution Amount Not -to -Exceed $6,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not -to -Exceed Amount of $12,000.00 Meridian City Council Meeting Agenda — Tuesday, January 18, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. 7. 8. E. Final Order for Approval: TE 10-033 Knightsky by Sea 2 Sea, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat F. Development Agreement for Approval: AZ 09-003 (Macha Retail Plaza by Armstrong Consulting) Located at the South Side of E. Franklin Road, Approximately 600 Feet West of Eagle Road: Request for Annexation and Zoning of 3.95 Acres from Ada County RUT to C -C (Community Business District) Community Items/Presentations A. Presentation and Discussion on Possible Adoption of Communities in Motion (CIM) - the Regional Long -Range Transportation Plan B. Update on Airport -Overland Road Corridor Preservation Study by Susan Graham with Parametrix C. Idaho Power Update D. Parks Department: Julius M. Kleiner Memorial Park Update Items Moved From Consent Agenda Action Items A. MFP 10-005 Hacienda Subdivision by Jayo Construction Located East Side of Meridian Road, Approximately 1/4 Mile South of E. Chinden Boulevard Request: Remove the Interior Common Open Space Fencing AND Remove Approximately 565 Feet of Perimeter Fencing on the East Boundary Approved with the Final Plat Landscaping Plan (FP 05-031) Approved B. Public Hearing: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat Continued to February 15, 2011 C. Public Hearing: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Meridian City Council Meeting Agenda — Tuesday, January 18, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Zoning of 0.22 of an Acre of Land with a C -G Zoning District Approved 9. Department Reports A. Planning Department: Ten Mile Area Collector System, Access Discussion, and Fee Waiver Request Approved Waiver of Annexation Fees B. Planning Department: Relinquishment of Irrigation Easements in Unincorporated Ada County Authorized Staff to Send Letter C. Planning Department: Transportation Studies and Projects Overview - Includes a Discussion on Current and Future Roadway and Pedestrian Projects in the City, Including ACHD's Draft Five Year Work Plan for FY2012-2016 and Discussion on ACHD Cost Share Agreements D. Legal Department: Budget Amendment for the Conversion of Operational Funds to Personnel Funds for the Historic Preservation Commission for a Not -to -Exceed Amount of $1,000.00 Approved 10. Ordinances A. Ordinance No. 11-1471: An Ordinance (AZ 09-003 Macha Retail Plaza) For Annexation of a Portion of the Northeast 1/4 of the Northeast 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from R2 to C -C (Community Business District) in the Meridian City Code and Providing for an Effective Date Approved Adjourned at 10:14 p.m. Meridian City Council Meeting Agenda — Tuesday, January 18, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 18, 2011 A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, January 18, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Bill Parsons, Warren Stewart, Jamie Leslie, Joe Silva, Steve Siddoway Robert Simison and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: I will go ahead and open up our regular meeting. For the record it is Tuesday, January 18th. It's 7:15. We will start with roll call attendance. Item 2: Pledge of Allegiance and Posting of Colors by Scout Troop 145 de Weerd: Item 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Duran Huffaker and they are representing the Peregrine Ward. If you -- well, I'll turn this over to the Boy Scouts. (Pledge of Allegiance recited.) de Weerd: Well, I would like to present to you boys for leading us tonight with some City of Meridian pins and I will give those to our city clerk to bring back to you. Thank you for leading us in that important pledge. Item 3: Community Invocation by de Weerd: Item No. 3 is the community invocation. Tonight we will be led by Pastor Ed Kreiner with the Meridian Assembly of God. Is he here with us? I don't see him. So, we will skip that item. Item 4: Adoption of the Agenda de Weerd: And move to Item 4, adoption of the agenda. Meridian City Council January 18, 2011 Page 2 of 57 Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple things to note on tonight's agenda before we approve it. Under Item 9, Department Reports, 9-A, the title of that Planning Department, it's the Ten Mile area collector system access discussion and fee waiver request. Just want to make sure that is in there. And also under 9-D, the budget amendment for the conversion of operational funds to personnel for the Historic Preservation Commission will be given by the legal department. So, just want to make that note. And under Ordinances, 10-A, that ordinance is number 11-1471. And with those, Madam Mayor, I move adoption of tonight's agenda as amended. Zaremba: Second. de Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 4, 2011 City Council Special Meeting B. Approve the Bid Amount of $520,236.00 for the Ten Mile Road - Cherry Lane to Ustick Road Reclaimed Water Pipeline Installation with Schmidt Construction and Authorize the Mayor to Sign the Agreement C. Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium for Meridian Arts Commission and Meridian Parks and Recreation Commission Presentation of Missoula Children's Theater Production of "Snow White" on March 19, 2011, for a Not -to -Exceed Amount of $850.00 D. Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2011 Event for a City Contribution Amount Not -to -Exceed $6,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not -to -Exceed Amount of $12,000.00 E. Final Order for Approval: TE 10-033 Knightsky by Sea 2 Sea, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Approval of a Two (2) Year Time Meridian City Council January 18, 2011 Page 3 of 57 Extension to Obtain the City Engineer's Signature on the Final Plat F. Development Agreement for Approval: AZ 09-003 (Macha Retail Plaza by Armstrong Consulting) Located at the South Side of E. Franklin Road, Approximately 600 Feet West of Eagle Road: Request for Annexation and Zoning of 3.95 Acres from Ada County RUT to C -C (Community Business District) de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: There were no changes to the Consent Agenda tonight, so I move approval of the Consent Agenda and the Mayor be authorized to sign and Clerk to attest. Zaremba: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. Council, if there is no discussion I will ask for roll call. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. Presentation and Discussion on Possible Adoption of Communities in Motion (CIM) - the Regional Long -Range Transportation Plan de Weerd: Under Item 6-A we have a presentation and discussion on our regional long range transportation plan. I'll turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I just -- I wanted to give you a quick update. I know you have all -- I think most all of you have heard updates on Communities In Motion and the update that's gone on in 2009 and 2010, but Carl Miller from COMPASS is here, he's one of the staff members that worked on the update to that plan. I just want to highlight some of the work that was included in the update. They used a different financial forecast that shows less money available for some of the current funded corridors, so there is funded and unfunded corridors in the long range transportation plan. They explained the differences between a priority corridor and an Meridian City Council January 18, 2011 Page 4 of 57 unfunded corridor. They added new environmental, management, operations, security and safety chapters. They discussed the implications of not funding the ITD system and they clarified that community choices growth scenario is the preferred growth scenario and that the transportation corridor support the vision. Carl Miller does have some -- a presentation that will dig a little bit deeper into those, so I think I will stop. I just wanted to give you a high level update on that and add one more thing that the Comp Plan update that we are working now, the revamp to the Comp Plan, does include this version that Carl is going to be talking to you about tonight and cross-references it in there and we are proposing to adopt it as part of the Comp Plan. What I can do, if you all want to, at the end of the discussion maybe is to see if a resolution maybe appropriate as well to just reinforce our support for CIM. So, something to think about as Carl is giving his presentation. So, Madam Mayor. de Weerd: Thank you, Caleb. Good evening, Carl. Miller: Good evening. Thank you, Caleb, Mayor and Council Members. I'll just go through briefly Communities In Motion 2035. As I was -- before this meeting started my wife asked me to take her out to dinner and we live in Meridian, too, so I'm a resident, as well as a member of COMPASS presenting this to you and I suggested we go to a few of the new restaurants that are in Meridian, either on Eagle Road or Fairview, and she said, you know, really don't care where we go, just let's go someplace expensive. So, I said okay and I took her to a gas station. Anyway, I'm -- de Weerd: Wow, big spender. Miller: -- here to talk to you about the -- not just solve our gas price issues, but partially with Communities In Motion, it is a regional transportation plan that addresses some of those ways that we can look to a more efficient roadway system. So, I will be going through -- I have a lot of slides, but I promise I'll go through them very quickly. If you do have questions I will stop for those, but I don't want to get too detailed into this, unless -- unless that would be appropriate in your minds. So, anyway, Communities In Motion is the long range transportation plan. We are required to update this every four years for federal requirements. It also identifies short range funding priorities. As Caleb mentioned, it did look at a new growth forecast of just over one million people by 2035 and a lot of those will be in the Meridian area. COMPASS looks at mobility planning, including transit, pedestrian, bicycle planning. Legislative services and travel demand modeling. Communities In Motion was adopted last August 2006 by the COMPASS board and, then, was adopted by the City of Meridian shortly after. This most recent plan has been adopted by the COMPASS board in September. It is financially constrained, which I will get into in a little bit, but there is quite a few -- less roads that will be considered funded under this version of the plan and it also speaks to air quality conformity as one of the requirements under federal requirements. The vision is we envision a Treasure Valley where quality of life is enhanced and communities are connected by an innovative, effective, multi -modal transportation system and looks to community choices growth forecast where we have more compact development, less development and green fields and agricultural land and, actually, we have been Meridian City Council January 18, 2011 Page 5 of 57 receiving development review applications from the City of Meridian. It looks like a lot of those principles are in many of the applications that you have been reviewing lately, so I will skip that one. Caleb went through a few of the differences. Basically, a different planning area. Previously we looked at the whole six county, this time it was a focus on Ada and Canyon county, more fiscally constrained, less money to do just as many roadways and additional requirements for us to look at sustainability and quality of life issues, as well as management and operations. The goal and vision hasn't changed, neither has the preferred growth scenario and there is still no dedicated source for funding for transit. Currently the population density looks a bit like this with the yellow and orange areas high density developments and blue where you will have suburban and low density growth. By 2035 we expect many of those areas in between communities in the Treasure Valley to grow together and more in -fill development in the urban areas. To accommodate that growth we have a major corridor plan and you can see that there are a number of corridors that we have identified as need of improvement. However, we have even less money and so only those that have a committed funding source for them have been identified as funded. The rest are identified as -- as there is definitely a need, however, there is no funding for that -- those projects at this point. A number of roads in the City of Meridian itself have made it into the plan as funded and they are each identified in the Communities In Motion plan with a two page spread and additional information about why they are important, what we need to do as both transportation and land use agencies to insure that they work efficiently in the future. So, I'll leave those. I won't go through those in detail, but they are in the plan for your review. Also to highlight that there is a need for additional planned transit for the optimal system that we have identified, it would be a 4.1 billion dollar total cost. Obviously we don't have the money to do that, but to identify that as dedicated funding streams come in we do have some definite needs in the area. One of those being the high capacity transit corridor. We are currently under a study right now to identify the potential alignments, narrow those down to several, each of which run through the community of Meridian. Next two slides just go through today's travel speeds and, then, what they would be in 2035, according to our funding corridor. The red areas are, basically, congested roads. There are a few, especially in the urban areas, by 2035 almost every major arterial is considered a congested road with travel speeds of 20 miles or less. And, then, lastly, just want to go through a few slides that show what is the use of the road. This is a road that primarily serves automobile traffic. With some enhancements that can be more pedestrian friendly, including outdoor retail and more walkable environment, transit. The financial side of it is a little bleak and we are not asking you for money today. But I just wanted to highlight that in 2010 dollars we would need 98 million dollars to create the transportation network that we need. With the amount of households we have in the valley right now it would be about 36 dollars per household per month, just so you're aware of just the situation that we have as far as transportation needs. Since every four years we do go into an update to Communities In Motion, we got the plan adopted in September, took a deep breath and we are actually getting right back into the development of it again and we will be looking to the local cities and transportation agencies and we will be engaging with them and what do they see as the future here and we are looking for feedback on that. We will be addressing complete street concepts, emphasis on public involvement, how to get Meridian City Council January 18, 2011 Page 6 of 57 constituents involved and going through an internet-based approach so that even people that can't come out to a meeting for one reason or another can still participate and let their feelings and information known and as we go into this plan we will also be broadening our out reach to housing authorities and other organizations that deal with infrastructure and other quality of life issues. So, anyway, went through that fairly quick. I would be happy to answer any questions that you have. de Weerd: Thank you, Carl. Council, any questions? Okay. We appreciate you joining us. Miller: Thank you. de Weerd: Did you have leftovers? Do you get doggie bags at gas stations? Caleb, was there anything you wanted to add? Hood: I think -- I think Carl covered all the material. Again, I guess my question -- and you can certainly stew on it some more, but would be a resolution -- Carl right at the beginning mentioned that CIM was adopted in 2006 by the COMPASS board, Shortly thereafter the city did a resolution to also support that version of a long range transportation plan. So, I just didn't -- I'm not clear if you want to do another resolution in 2011 to support this current version. You know, they will start the process up right quick to update even this version to do a full-blown update to the long range plan, which probably won't be ready for another year or two, but this -- it's the Council's option, but I just wanted to bring that up that in the past we have had a resolution after adoption of it and I could probably work up some language for you to look at for resolution if that's what you wish to do. de Weerd: Council, I guess I would look for your direction on that question. Hoaglun: Madam Mayor, if we do a resolution I would like to look at it. I mean when -- when you see numbers in there like 4.1 billion dollars it kind of makes your eyes go wide and, you know, I don't want to give people the mistaken idea that now we are going to go out there and start trying to find a bunch of money like that, because that's -- that's enormous. So, I'd like to see the resolution, so we can see what we could craft to make sense of adopting this. I mean there is great things in this and it's a forward looking document, but -- so, I wouldn't mind taking a look at draft language. de Weerd: And I think just to clarify, the plan is fiscally constrained with revenues known today. The 98 billion dollar price tag was if you included all of the needed projects, not just the ones listed that were fiscally constrained. Council, would you like additional time to view this plan update and we can always bring it back. Bird: That would be fine with me, Mayor. de Weerd: We can consider it in a couple of weeks, then? We can set it and if you would like a resolution at that time we can give staff directions. Meridian City Council January 18, 2011 Page 7 of 57 Zaremba: That sounds good to me. B. Update on Airport -Overland Road Corridor Preservation Study by Susan Graham with Parametrix de Weerd: Okay. 6-B is an update on the airport Overland Road corridor preservation study. Hood: Thanks, Madam Mayor. I will do the introduction on this one as well. Again, this won't be the first time you all heard this study or some background information on this study. I have been serving on a technical advisory committee for probably close to a year now, maybe not quite that long, but it's been in process a little bit. Councilman Zaremba is on the policy team for the same group that's been organized to discuss -- the extension for our purposes. It's an Overland Road extension, but it's called the airport Overland corridor study. So, the other terminus would be the airport in Nampa. And, then, Ten Mile at Overland here in Meridian. The purpose statement -- I just want to quickly bring you up to speed on the purpose statement for this corridor. It is to connect on the west an existing arterial with sufficient capacity, integrate with future State Highway 16 - 1-84 - McDermott interchange. Serve as a detour route for the interstate in case of closure or incident. Function as an urban principal artrial, including curb, gutter, sidewalk and appropriate access management and will consider short-term impacts to adjacent properties and existing uses, as well as long-term impacts on future land use designations. So, again, with the two terminuses, Garrity and the airport, essentially, on one side and Ten Mile and Overland on the east, there were seven alternatives that were originally drafted. We used 18 different matrix to evaluate those options to score them against things technical, two different tiers of technical criteria. Worked with the fire department a little bit on some of the options for this and I don't know if Mr. Silva has any comments. I'll show you the -- the different options here in just a minute. The purpose of the study is not to determine where we are going to construct this roadway right of way, it's to preserve the right of way for construction some day in the future. You just got done hearing about how far in the hole we are with the roadway projects that we can't build now. This is not about another one to add to that list right away, it is -- we want to get out in front of development and plan for connectivity, basically, between western Meridian and eastern Nampa to make sure that there is another opportunity there between Franklin -- well, between the interstate and Victory, basically. Something that's a primary arterial. So, I'll let Susan with Parametrics do a little bit of the update on what's happened thus far in the public involvement process and some of the other things that have gone on with the TAC and, then, I'll come back and I have a couple of questions I'd like to pose to you and some direction that I need from you. de Weerd: Okay. Thank you. Hi, Susan. If you will state your name and address for the record. Graham: I will. Susan Graham. Parametrics. 7761 West Riverside Drive, Boise. Meridian City Council January 18, 2011 Page 8 of 57 de Weerd: Thank you. Graham: Thank you, Madam Mayor and Council for having me back again and I'll sit down and come back again it looks like on your agenda. I'm just going to talk really briefly about the airport - Overland project. As Caleb said, we have been working on the project for about a year and -- here we go. The graphic. We are -- we are at the point of having narrowed down what started out as seven alternatives to the few that you see in front of you and it's actually six alternatives -- or five with two main routes. The route alignment one that's green and, then, kind of morphs into blue that runs along Stamm Lane that alternative has been eliminated from an operational standpoint. The city of Nampa was really concerned with the -- with what bringing that much traffic does down Stamm Lane and hits Garrity in a spot that's already pretty constricted. So, that has been removed from further consideration because of the constraint to the west and as you remember Caleb reading, one of our criteria was how does it connect to an arterial with sufficient capacity on the west. The other one that has been -- so that takes out anything related to one -- 1-A or one that you see right there. The other one that has been eliminated from this graphic, at least to the point where we are at now, is the airport road down to follow route D. Again, it doesn't perform very well from an operational perspective. There is a lot of out -of -direction travel and, honestly, people make would their way like they currently do without the route. And you can see it's almost six miles by doing that. We were trying to stay mostly on existing alignments and that's why you see an alignment shown there. But, again, it doesn't perform as well operationally. We did have a public meeting in -- when was that? In October. And we got a lot of feedback from citizens of both Nampa and Meridian. We had over a hundred people attend, which was, honestly, one of the largest attended meetings -- public meetings I have been to outside of -- I think Borup Park was my second highest attended public meeting that I had in 2010 and the feedback from the public was -- their preferred options was 2-13 and 2-C, which you see. And that is really where the technical advisory committee team that Caleb sits on, along with representatives from all of the other jurisdictions, we have narrowed it down to those alternatives. From there it gets tricky. There is no good technical information that allows us to easily make a recommendation for which of those is preferred. They have very similar environmental and property impact. In fact, they are so close that they really -- they are, essentially, a dead heat on cost and in property impact and environmental impact and in terms of net benefit there is not a great difference in that either from a traffic standpoint. So, it's really going to come down to getting some additional feedback from our policy committee on a preferred alternative. We are also going to have another public meeting and that will be in mid March and as soon we have that date we will let the Council know when that is and encourage you to attend. Councilman Zaremba attended it the last meeting. So, that's really where we are at, just to kind of keep you posted. It doesn't change a lot on the Meridian side of the line, but, obviously, people that drive back and forth don't consciously know they are in Meridian or Nampa and so it's important to involve all the jurisdictions. But this is where we are currently at and I think Caleb was going to talk a little bit more about the timing of the policy committee and what else we may need from you. Meridian City Council January 18, 2011 Page 9 of 57 Hood: Madam Mayor? de Weerd: Yes. Hood: Are there any questions for Susan before -- de Weerd: No. Council, any questions? Hoaglun: Madam Mayor, real quick. Susan, when we talk about this being a corridor in whatever selected, does that mean that it's eventually going to be five lanes, center turn lane, two lanes each way? Is that -- do I have the right image in mind when we talk about this in the future? Graham: Madam Mayor, Councilman Hoaglun, Members of the Council, that's a really good question. I should have restated that. As Caleb said, it is a right of way preservation program, so we are looking to reserve the maximum right of way that could be needed. Our 20 year traffic projection did not indicate the need for more than three travel lanes, one lane in each direction and a turn lane. So, we are looking at just setting aside -- I believe -- do you know which right of way -- a hundred feet? Hood: A hundred feet. Yeah. Hoaglun: Yeah. Graham: And so that allows some flexibility and it would be -- as Caleb mentioned, it would only be built as the demand is out there as development occurs. But we would preserve the long term -- it's going to cheaper to buy it -- the full width now than -- than after development. So, that is what we are looking at. Hoaglun: Okay. Thank you. de Weerd: I guess I'm just surprised at how developed -- all those lots are not built on, are they, in Canyon county? That just really surprises me. I guess I don't drive out there. Bird: They are not all built out. de Weerd: They are just platted? Graham: There is some of both. Obviously, really, the -- from Robinson Road west is very densely constructed. The others really in that -- immediately adjacent to McDermott are platted -- some homes. More homes than appear on this aerial, but not in their entirety. de Weerd: Okay. Well, thank you, Susan. Meridian City Council January 18, 2011 Page 11 of 57 Hood: Madam Mayor, Councilman Hoaglun, the attorneys don't like that very well when you -- when you have two preferred alternatives and you start to buy right of way from both of them, you're not quite sure -- I don't -- and we haven't -- I don't think knocked on doors to see who is willing to sell now, because we are not ready to buy now. Part of that public involvement process, though, is we will hear -- we can kind of determine where some of those impacts are, but we don't know about all the properties and maybe what all -- we will have to do some more detailed study, too, on what the impacts really are on either of the alignments. There is a scenario where we could say route 2-13 is our preferred and run into a huge road block and say, well, we still haven't lost the option to do route C. I think we would have to take a couple steps back and do some more public involvement and, you know, re -adopt that corridor study again if we hit, you know, some major hurdle that -- but I don't think we can proceed further -- to much further with two preferred alignments before we have to say, yeah, this is where we think it should go and start acquiring right of way. Hoaglun: Yeah. Madam Mayor and Caleb, I was just thinking if there was a way to do it -- and I recognize that would be difficult to kind of feel out which one might go a little quicker than the other one, but you're right, you know, funding sources and how you do that and legally that does pose a question. But I'm kind of like Councilman Rountree, you know, the straighter the -- is better, but, you know, that's -- there might be barriers there that we just -- we don't see, so -- de Weerd: Caleb, I think it would be important to get with the elected officials in Nampa and talk about connections, because it's not just about a road, it's also about the corresponding land uses and what their vision is versus the direction we are going. So, that's my two cents. I guess we will look for the next meeting date and also I think it would be important -- there is probably a couple of other things that we could get our Councils together on as well. So, Anna, you may want to take a look at additional things that we have going in the south Meridian area that might be worth putting on an agenda and having it about a few other things, as well as we get the electeds together. Okay. Hood: Thank you. C. Idaho Power Update de Weerd: Thank you. Okay. Item 6-C. I see Blake and if you would like to come up and give us an update on what you all are up to. If you will, please, state your name and address for the record. Watson: Blake Watson. Idaho Power. P.O. Box 70, Boise, Idaho. Madam Mayor -- de Weerd: Thank you for being here. Watson: -- Members of the Council, thank you again for having me again here this year. I was looking at my notes and it was about a year ago last year, so I'm sure you Meridian City Council January 18, 2011 Page 12 of 57 have been anxious to hear about what Idaho Power has been up to in the last year. So, will make this brief, because a lot of what I talked about last year has not materially changed. We have had a couple of developments fairly recently in the energy landscape that certainly have -- are pretty hot topics right now, so I want to touch on that a little bit, but, again, just want to state that I certainly feel we had a good prosperous year in the relationship we had with the City of Meridian and the community of Meridian last year. We had great dialogue, great open communications with a number of your staff folks and the Mayor and some of the Council members as well. Certainly appreciate that and certainly look forward to having that open communication, that dialogue continue. So, look forward again to supporting a lot of activities in the community. Obviously Meridian has a lot going on, a lot of vibrant activities going on. We will probably continue to support things like Dairy Days and the symphony, supporting the arts in the community, a number of chamber activities certainly I think we will be available if they are willing to allow our crews to help set the Christmas tree again for next year. I think that went well. So, certainly, again, appreciate that opportunity and it's nice to be able to partner with the City of Meridian and help where we can to support the community, you know, from kind of a community basis standpoint. A couple things I wanted to touch on. Let me kind of step back real quick and I will ask the question. Don't expect necessarily an answer or comment to you from right now, but that would be fine, but what I'd ask is how we are doing and as far as serving the community and serving the City of Meridian, you know, whether it be customer service, whether it be service reliability, whether it be our employees that are driving our rigs and our line bed trucks and our vehicles through your communities, if you are ever hearing any comments on that as far as the actions of our employees or just how you're being treated at some of your folks in the city that have to have interaction with Idaho Power, how are you treated by Idaho Power from a customer service standpoint. So, we'd certainly like to hear those comments back and outages, those types of things, maybe we don't want to hear those back, but -- no. We do want to hear those comments back as well. So, kind of sit on that a little bit. If there is any questions tonight certainly feel free to ask me, but if something comes up, something in your craw or a question or a comment or a suggestion, we are more than happy to undertake that and take that back, so -- a couple items I just wanted to touch on and I'll kind of use the phrase the air of energy and energy landscape is evolving and changing literally kind of right before us. You know, it's been pretty -- kind of state of business for a long time, you know, you generate a little bit of electricity, ship it over some wires and you flip a light switch and it comes on. Well, it's been that way for a long time, but recently we have seen a lot of technological advances and a lot of changes on the generation side of our business and kind of what that ultimately means to the end use customers, obviously, that electricity is reliable and it's priced fairly competitively, so where we are seeing some changes there is -- one area that actually there was an article in Sunday's paper -- I don't know if any of you picked it up and read on wind generation and what they call these PURPA contracts that Idaho Power Company has or cogenerators. If you go back several years, as you probably know, there was very little wind generation in the state of Idaho, as well as anywhere else in the country, so we are certainly seeing a lot of that potential come on line as a utility where that impacts, potentially, our rate payers. As a utility company it's a co -generation resource we are required by law to purchase the energy Meridian City Council January 18, 2011 Page 13 of 57 output from these facilities at an established price and we are required to purchase that electricity, essentially, whether or not we need it. Obviously, you can't store electricity, so if we have to purchase it we have got to turn around and go sell it and typically you're not going to sell it for the same price as you're purchasing it for. If you go back years ago there was very little impact on our system, there was very little concern with the reliability component, but with so much of this coming on our system now, we actually have an order before the commission to kind of review that contractual obligation that Idaho Power Company as a utility has. So, reviewing that right now. Just to kind of put it in scope and perspective, right now with what we have on our system, we have in the cue, or in contracts or negotiations with about 1,100 megawatts of wind. Just to kind of put that in realistic terms, our peak load in the summertime is about 3,000 megawatts. So, we are talking about a third of our generation potentially coming from wind, which is an intermittent resource and it's a resource that we are having to purchase and maybe even purchase at a higher cost that we could generate from other resources. Ultimately that could mean is the cost shift over onto our rate payers. As an example, if this continues down this same path without any intervention 2015 we will be looking at about -- probably about a 48 million dollar hit to the operations of our company over our existing cost to run our generation system today. So, it's kind of a big topic of discussion before the commission. There was a bitter article in the paper on Sunday about that, so that's something that's going on and that kind of leads me into my next piece a little bit when you start talking about that price and that price gets shifted over and we have to raise, potentially, our rates and our liability issue to our customers, what kind of an impact does that have in the economic landscape we are in, certainly with economic development, especially with your large businesses looking to site in the area one thing that certainly is attractive today is the energy price. If this wind or if this resource continues down that path does that price still become -- still competitively priced, is it still a reliable resource. So, that's something we have to pay attention to. One of the areas in the economic development that we are addressing right now is we haven't seen a lot of requests come in for these large loads, specifically like data centers, for example, and we are certainly in an environment right now where our transmissions and generation systems are very tight and are very constrained. When you're talking about a very large load coming in and needing a lot of energy, we are probably going to have to build a generation and a transmission resource to serve that. That's something that that cost is borne by the new customer coming on service, because it gets spread amongst all your rate payers and how do you kind of navigate through that environment of keeping the price fair for courting new business, to grow your economies in your community, but at the same time make sure that's not a shift over onto your existing rate payers and puts that added burden onto the rate payers, especially in the economy that we are in today, so we have an order before the commission to adjust one of our large industrial tariffs, basically, that will address some of this where we can enter into more specific negotiated contracts with these large customers, as opposed to today they might have to just use an existing tariff and the rate's already established, there is no room for negotiation. If we have a large customer come in, we can enter a special contract and we can adjust that pricing, maybe we can work with the customer that maybe they shut down in the summertime as part of their operation, which is when we peak, so that could be advantageous, so we could talk Meridian City Council January 18, 2011 Page 14 of 57 about that. It just allows a lot of flexibility in serving that customer, but still, hopefully, beneficial to serving that customer and the economic development that comes along with that, but doesn't have an impact on the existing rate payers. So, those are a couple of large items that are kind of out there right now. Certainly some of the other things we have going on is our energy efficiency programs. We are certainly utilizing those a lot and asking our customers to utilize the programs a lot and as the old adage is the cheapest energy to generate is the one you don't have to generate. These energy efficiency programs there is no poles or wires associated with that, there is no permitting that's required for that, there is no potential for carbon tax or greenhouse gas emissions, so a lot of case energy efficiency makes a lot of sense. I know the city has done quite a bit with this building right here and I don't know where you stand as far as your budgets go, but I think we stand ready to make a nice incentive payment to the city on your wastewater treatment facility for I think putting in your aeroration blowers, believe, so I don't know where that stands, but certainly there is I think potential for huge energy savings there, certainly which is a benefit, obviously, to the city, and hopefully your citizens, but certainly lowers the demand on our system that, again, hopefully, keeps our cost down in serving our customers. So, we are very aggressive in our energy efficiency programs, still very aggressive in our public outreach, we have got a lot of capital projects going on and a new gas generation facility is being built over in Payette county. That's underway and due to come on line in 2012. It will be a nice stable generation resource that will give us capacity or head room, if you will, to be able to serve our existing base as it grows, plus be able to make sure that we are there and have the capacity available to handle new development and new economic development when the economy starts to improve. A couple large transmission projects that we have underway, we are going through the public process on that. It's a long process to go through that, but we certainly are engaging the public and any of those type of infrastructure projects as much as we can. Certainly engaging the customers. You get their input. Hopefully get their buy in. It does lengthen the process and, obviously, we are at a point where we are very constrained on energy paths, bringing energy -- importing energy into our service area, so there is kind of a heightened need to continue to move forward with these projects. And I think that's primarily it from a -- Hell's Canyon we are still in the process of relicensing that facility. It was, obviously, raining when I came in and that's a good thing. We see little dividends falling out of the sky when you see rain or snow coming down, so, hopefully, it cools down, because the way it was the last couple of days it's all running off and you just have to spill it, because our loads aren't very high right now, so it would be nice to keep that water as in snow pack up there, pull it down in the summertime. When we need it we can generate it to serve our customers at a high period, so don't have a lot of control over that, but we will certainly keep our fingers crossed. That moisture is always a good thing, so -- I'll kind of wrap it up there, but, again, appreciate the opportunity to come and speak to you this evening and appreciate the opportunity to work with the fine folks in your staff and the City of Meridian and the community over this last year and look forward to a great relationship going forward. Been very supportive and have a very good partnership and, hopefully, we will see that continue. So, if you have any questions for me I will stand for those questions at this point. Meridian City Council January 18, 2011 Page 15 of 57 de Weerd: Thank you. Mr. Zaremba. Zaremba: Madam Mayor, if I may. de Weerd: Yes. Zaremba: Last year you mentioned a cool project to eliminate the need for meter readers to be out in their trucks and around. I know my house got a new meter on it and I just wondered as -- how far along is that program, have you hit every residence in the valley, and is it having the benefits that you thought it would? Watson: Certainly, Councilman Zaremba, thank you very much and you made me a little bit nervous there when you said I remember what you said something from last year, like, oh, no, what did I say. Zaremba: It was cool, that's why I was aware of it. Watson: Yes, that is advancing and we have about -- in fact, I just read it today, as a matter of fact. About 344,000 of those meters have been installed to date. We are working over in the eastern part of our service territory, Pocatello, Blackfoot, American Falls. We will finish up there and, then, about halfway through 2011 we will slip into the Twin Falls area and work that area and, then, we will be, essentially, completed -- probably even before the end of the year, but about just shy of 500,000 meters in our service territory and I would say we are at about 344 or 345 thousand installed to date. So, certainly one of the major components of that is, you know, allow us kind of two way communication vehicle to take place where customers can kind of, essentially, talk back to Idaho Power and we can actually talk to the customer and the main thing is it's going to be able to give the customer a more consistent price signal on their energy usage. You can go in and sign up as an account manager through Idaho Power's website and you can drill down and get more specific information on your utility bill. Instead of just getting the bill at the end of the month this is how much you used and there you go, you can go in and see, you know, how much did I use on this hour if somebody really wanted to do that, but you can go through that exercise. Once we get this infrastructure completely installed -- like I say, it has provided a lot of benefits just in fuel savings, fleet vehicles, those types of things will go away. Accuracy, obviously, is a hundred percent. Our accuracy was very high with our manual reading, but we certainly had, you know, your human error, so that component was always in there, so that's been eliminated, so customer satisfaction, customer service billing, and hopefully has improved and become more efficient. One of the components that we will see once we get this infrastructure in place is it will have time variant pricing come into play as I talked about the era of energy is changing and certainly the way it's being generated with wind is one way it's changing, but on the pricing side you're going to see some big changes coming, you know, it will be several years down the road, but now you pay -- well, today in a residential you pay a price per kilowatt hour, depending on how many kilowatt hours you use in the three different blocks. That will probably just get a little bit more sophisticated in the pricing when we are having to deliver the energy to customers. What's the price Meridian City Council January 18, 2011 Page 16 of 57 of that energy and, then, that will be reflected in the rates you pay. So, the idea is to maybe have customers wear this price signals and they are shifting their consumption, you know, to maybe lower -- lower cost times of the price -- energy pricing, so, yeah, that project's moving along and it's moving along very well, so appreciate your asking. Thank you. Zaremba: Great. Thank you. Watson: Long answer. Sorry about that. de Weerd: Council, any other questions? Bird: I have none, Mayor. de Weerd: Thank you for the update. We appreciate you being here. Watson: Thank you very much. Appreciate it and let you get back to your business this evening. I do have packets. Shall I just leave those over there with Jaycee and she can distribute those? de Weerd: Yes. With the clerk. Watson: Okay. Thank you very much. D. Parks Department: Julius M. Kleiner Memorial Park Update de Weerd: Thank you. Okay. Item 6-D. I'll turn this over to our parks director Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. Good evening. It has been a little over six months since our formal ground breaking on Julius M. Kleiner Memorial Park and we wanted to come back and give you an update on our activities through last summer and fall to get us up to speed through today and let you know where we are at, some of our activities. Susan Graham is here to help present this presentation, but I believe all of you were at our ground breaking in July and most, if not all of you were at the -- the ground breaking that we held in November for the senior center and many of you saw the progress in November that had occurred over the summer and we want to share with you some of the progress and some of the fun that's being had out there as we move forward into construction -- or through construction. In the winter it's slowed down a little bit in the last month or two, but construction is still ongoing out there, tiling of ditches, other things that we can do during the winter, and we continue to press forward with the goal of having a completed park towards the end of this year. So, with that I'm going to invite Susan up to the podium to make the presentation and, then, we will stand for any questions at the end. Meridian City Council January 18, 2011 Page 17 of 57 Graham: Thank you. Susan Graham with Parametrics. This is always exciting and I love this particular view of the park, because when I first -- every month we get updated aerials and when I first saw it this time I was like, wow, we have got pavement, we have concrete curbing, we got some very large water features and -- and it's just so beautiful with the foothills and with snow in the background. So, we had to start with that, because it's come a long way. I'm not going to read all of these numbers, but, really, wanted to give you a sense of the amount of progress that's happened out there in the last really only seven months and, actually, Steve was telling me that a year ago we were still at 30 percent design, we hadn't even finished design, and now we are here, you know, well into construction. So, we really appreciate city staff from virtually every department partnering with us to get our approvals and get our inspections and move through and it's been great. Again, there has been a lot of activity and it's a big muddy mess right now, but we are trying to install some -- some pretty big irrigation pipe right now and it's -- it's moving along. So, I'm going to go really quick through these aerials. They are mostly the same angle and you can see not that long ago -- snow storm. And this is last month. And we will -- in about -- in another week we will have January's aerials out and I'm not sure you're going to see a lot more. Everything's underground now, so -- anyway, we have made a lot of progress. Here are just some pictures of the construction in process. Lining of that pond -- both ponds is a major construction effort. You can see that photo that's 8/24, they are rolling that out. We had about 30 crew out laying that out. It's really heavy, it's thick, it's got to keep that water in, so it has to be laid just right and it can't be stretched or torn. And, then, you can see where they were putting wall in, that wall is going to be the hard edge to the pond that will come up -- the bottom course of that wall is -- is the gray concrete, because it will be underwater and above that is the decorative keystone wall. And, then, some concrete work being done. You can see the ADA crossing yellow in there at that curb. So, in terms of the entrance, the roundabout, all the concrete work is done for the roundabout entrance and you can see the crew that are there are actually standing on textured rubber pads that make it look like it's a rock finish, instead of concrete, so that is what's happening there. One of the things that's actually evolved even since we put this together -- there is going to be an historic interpretive area of the park. Mr. Kleiner has decided that he is more comfortable with the historic items to be housed here at the city with the historic preservation office, rather than in a structure. This is a very small structure out on site, just because of climate control and other issues of potential vandalism. So, we are going to do more of a signage interpretive area similar to like the types of signs that you have in the plaza out here that will have pictures on them and have information and some interactive elements, but we won't actually house the artifacts on site until the community center is constructed and there is a real home for them. What we showed here was kind of going to be a make do, but it was a pretty expensive make do and we opted to do something more long term. The Rock of Honor is another new item that has evolved over the last -- really just the last two or three months and you can see where it will be -- oh. Is it one of these ones right -- Steve? It will be located here in between the future community center and the senior center and this just is the plan view of where it will be located. We actually have a meeting tomorrow with the Mayor and some of the Rock of Honor folks to talk about what the actual monument would look like. But that is where it would be located within the park. Another thing that's different is locating the Meridian City Council January 18, 2011 Page 18 of 57 flags here on this knoll. Originally they were going to be over here, but one of the concerns was if you're having a flag ceremony everyone's looking at the flags and directly out at the parking lot. Now that we have a flag raised up they will have a better backdrop and they will use that plaza for a lot of other memorial type functions. So, we are really excited about that. These are just pictures of some actual -- this is the actual play structure that we are using on site and all those other elements have always been a part of the park, so I won't go into a lot of detail about that. The senior center, the ground breaking was a couple months ago. There is, actually, a full foundation out there now and that's pretty exciting. So, getting closer and closer on that. That's our longest lead time building. That's going to be about nine months from the time we start going vertical. So, when Steve says we are going to be done about the end of the year, it's the senior center that is, really, the longest term element of all the projects that we are building out there. Signage. This is about the third evolution of what the signage and theme of the park will look like, the branding of the park, and the color coded dots on the -- on the map there indicate where some of the other signs are going to be placed and Mr. Kleiner particularly liked to brown and the blue combination of this -- it reminded him of the valley with the foothills and the sky and as you know he lives in Washington and it would otherwise have been green and gray, so he was really happy to have some blue. Bird: He don't get to see much blue. Graham: Yeah. Or much trees, really. The fog's too low. This is what some of the signage is going to look like. The picture in the middle is an actual cardboard laser cut example of what the signs are going to be and, basically, this dark area here that looks like it's rust color, that will be tin -- corten steel and the leaf will be cut out and rotated, so there is some three dimension to the signs, even though it's really just a single cut of the steel. And, then, the top colored panels up in this area are porcelain and printed. So, there is a color theme that goes with each quadrant of the park, which I will go back to. There is -- I'm going to get this wrong, Steve. Siddoway: The active rec area is spring. Graham: Spring. Siddoway: Yeah. Graham: Summer. Siddoway: Summer. There we go. Graham: Fall. We didn't want to make the senior center winter. So, it's fall. And this is winter over in the arboretum and signage colors in terms of organizationally within the park will all be coded and a certain specific leaf will be on all the signs in each one of those areas. So, it's going to be a nice organizational element and we are working with some great artists on this project as well. Landmark Impressions and Trademark Signs. Meridian City Council January 18, 2011 Page 19 of 57 Some of the site furnishings -- one of the things we are really excited about on this project from the beginning down to the consultant team and the construction contracting team and now fabricating team is keeping as much as we possibly can in Meridian and in the valley and we have found a manufacturer that's going to be able to build all of our benches and all of our trash receptacles here locally and not have to order them through a catalog that are shipped here from somewhere else and we are really proud of that and the partnership that we had it -- not only is it custom, which is much more special, but it was also more affordable, so it saves on fuel to get things here, it keeps jobs here in the valley, it's just been really great. And some of our fabricators are actually our very own parks department staff and the bollards and the drinking fountains are going to be, actually, manufactured by city parks during some of the down time that parks staff has. So, we are pretty excited about that also. Art in the Park. This, again, is the obelisk that Amber is designing and on the very top of it is a wind turbine that will be generating and storing power in batteries at the base of the obelisk that will up light the obelisk so it won't be -- it will be off the grid, it will be just lit by the wind that -- that is to be found at 55 feet up, which is how high those are going to be. And the statute -- wish I had -- just got a picture from the artist. This statute is now eight feet tall and getting ready to go to the foundry in Berkeley, California. So, the things that are still to come -- we still have more grading and utility construction, even through the winter. The big -- big project right now is tiling of the irrigation canal. I'm continuing to work on getting right of way. It's -- it's one of the things that's been the most challenging for me personally and I think we are getting closer, but until we have right of way we won't be going vertical on any of the structures. So, it does have a caveat on when we can open. And I'm still leaving late September 2011 on there, but, again, it's really subject to getting final right of way. So, I think that -- oh, I might have one more. Just wanted to leave you with this picture and, then, open for any questions. de Weerd: Thank you, Susan. Council, any questions. It kind of leaves you speechless. You know, it's -- we are glad someone else is having to put all of this together. We like the idea that this is a turn key park, that it's given to the city as a completed project. You guys have been doing tremendous work on it and it makes you really appreciate the team that's been put together and the Kleiner trust. I know they have been living this project, haven't they? Graham: Yes. And it's been -- it's been very exciting and, again, I do have to thank city staff, because they have been a huge resource to this team. Elroy is out there every day. Max Jensen and Murray from various departments, as well as Steve providing overall leadership, it takes a village to build this park and we really appreciate the partnership that we have had with -- with all of those folks. So, thank you. de Weerd: Well, thank you. Steve, anything you want to add? Siddoway: Madam Mayor, it's just been an honor to work on this project. It continues to be one of those legacy projects that's -- we, as a community, will always be proud of and I'm just honored and privileged to be a part of it and I look forward to having it open later this year. Meridian City Council January 18, 2011 Page 20 of 57 de Weerd: I think you have summarized all of our thoughts on that one, so we are very privileged to be part of it as well. And appreciate your leadership. You have been involved in this since I met with the Kleiner trust and recommended someone that might be a neutral party and you're no longer neutral. Siddoway: I'm deeply committed now. de Weerd: Okay. Well, thank you so much. Siddoway: Thank you. Item 7: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. MFP 10-005 Hacienda Subdivision by Jayo Construction Located East Side of Meridian Road, Approximately 1/4 Mile South of E. Chinden Boulevard Request: Remove the Interior Common Open Space Fencing AND Remove Approximately 565 Feet of Perimeter Fencing on the East Boundary Approved with the Final Plat Landscaping Plan (FP 05-031) de Weerd: So, we will move into our Action Items. Item 8-A, which is MFP 10-1005. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property before you this evening is approximately a quarter mile south of Chinden Boulevard, located on the west side of North Meridian Road. The site consists of 19 acres and it's currently zoned R-8. This is the -- actually, the third modification to the final plat that the Council's acted on. The previous modifications had to deal with the changing of the fencing materials and the timing for that -- the construction of that fencing. Before you this evening -- here is the graphic that depicts what fencing is proposed for removal before you this evening. It is highlighted in blue. So, there is a -- it is approximately 560 feet along the eastern boundary of the plat that currently there is an existing masonry wall there. The applicant is proposing to remove that to avoid double fencing along that boundary. And, then, all the other fencing that you see is adjacent to common open space that was platted with this subdivision back in 2005. Staff is supportive of the applicant's request to remove the fencing for several reasons. Located along the south boundary and the east boundary are proposed townhomes. Currently there is two structures being constructed -- one under construction and one that's been completed and if you notice some of those common space lots or open lots are just, basically, narrow corridors. There is no pedestrian connectivity. They don't connect to adjacent subdivisions and so, really, if that were to be fenced it would actually decrease the look of the townhome or at least the courtyard look that the applicant was going for when Meridian City Council January 18, 2011 Page 21 of 57 they first came before you in 2005. So, staff was, again, supportive of that request. And, then, also in 2008 when the applicant came before you as far as modifying the fencing and establishing the timing for that fencing, it was agreed upon or Council acted and approved the request that the fencing would be constructed at the time that they submitted for a building permit and the building department would take charge of that and review the fencing requirements at that time. I would point out to Council that perimeter fencing is not proposed, except for along the eastern boundary, and that condition is still in place. That perimeter fencing will be reviewed when they come in and propose any structures along the perimeter boundary. And, then, also because of some of the open space fencing requirement we have and the UDC requirements for fencing, the applicants actually will shift the burden to probably -- potentially shift the burden to the homeowners that buy homes or place -- construct homes adjacent to that common open space. So, staff is -- and we do have new fencing standards in place now, so any fencing that is proposed within any subdivision within Meridian will come to the planning department for approval. So, there is a secondary mechanism for reviewing fencing for this subdivision to insure that it will comply with the fencing requirements of the UDC. I did want to point out that staff is recommending a new condition of approval to tie to the plat and have that in the order that comes back before you and that, basically, states that all fencing adjacent to these common open space lots will comply with UDC 11-3A-7. The applicant is in agreement with the staff report. To staffs knowledge there aren't any outstanding issues before you this evening and with that I'd stand for any questions you may have. de Weerd: Thank you, Bill. Council, any questions? Okay. Is the applicant here? Would you like to provide any comment? Even if you said that you had to provide comment. So, it doesn't look like the applicant has any. Council, any questions you have for staff or applicant? It isn't listed as a public hearing, but is there anyone here on this item? Okay. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Don't have to close the public hearing, but I would make a motion to approve MFP 10-005 with the staff recommendations as listed, plus the new condition that all fencing adjacent to the common area would be subject to the fencing standards in accordance with UDC 11-3A-7. Zaremba: Second. de Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. Meridian City Council January 18, 2011 Page 22 of 57 MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: Okay. Our next public hearing is Item 8-B, which TE 10-034. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject site consists of 9.52 acres. It's currently zoned R-4 and R-15. It is located at 6055 and 6185 North Jericho Road. So, the plat does consist of two parcels currently. Surrounding subdivision are Hightower Subdivision to the east -- to the west and to the east and, then, we have Arcadia Sub to the south, which is zoned R-8. If you recall back in 2009 the applicant provided -- or submitted a time extension -- administrative time extension before staff and during that review the planning director had recommended denial of that time extension because the plat did not comply with the ten percent open space requirements of the UDC. That created the applicant to submit a City Council review application that came back before you that same year and Council did take action on that applicant and approve the plat with six percent open space predicated on the fact that they work with staff and add two additional amenities. To this date applicant has not provided a revised landscape plan showing those two new amenities and since that time the property is now currently under new ownership. Here is the plat that they propose to you. It included 68 residential lots, ten common lots and two private street lots. Here is the approved landscape plan or portion therefore. Because things have changed even from the date that the previous time extension was approved until now staff is recommending new conditions of approval with the time extension before you this evening. I did want to point out to Council that several of the existing trees that were to remain part of the project have now been removed. They have either died or been removed and that was a result of -- I think a combination of things. Speaking with one of the adjacent homeowners this morning on the project it sounded like there was some irrigation issues with the property back then and some of the homes that are adjacent to the west boundary had a flooding incident earlier this year and also because the maintenance -- the property was not being maintained properly some of the existing trees died. So, I think what's happened is in order to address some of those issues some trees were removed to -- to take care of some of those liability issues. Staff has not been in contact with the new owner, so we are not sure of -- of why those trees were removed, but I can assure you a new condition of approval is in place that will require the applicant to mitigate for that. I'd also like to point out elevations were approved with that subdivision back in 2006 and that's what you see. So, on the left-hand side you can see that there is single family detached homes and, then, you can see the proposed townhomes that were provided and discussed at the hearing as well. I would point out that townhomes are now subject to the design manual and design review and CZC approval, so if and when construction Meridian City Council January 18, 2011 Page 23 of 57 is proposed for that subdivision those townhomes will come back before staff and be reviewed with another administrative review application. Staff did receive testimony from -- a written agreement to the staff report from the applicant's representative. Have not -- again, have not heard from the bank itself and if I go to the next slide. These are the new conditions of approval that are before you this evening. They are attached in your hearing outline. Basically, design review and CZC approval for the townhomes and compliance with the elevations, revised landscape plan that requires the two amenities prior to signature on the plat and, then, the applicant shall mitigate for the 113 caliper inches of trees that have been removed or currently dead on the property. Staff is unsure at this time if that drain -- the flooding issue has resolved, so there is an outstanding issue that I would -- could bring up to you tonight. I'm not sure of that. Hopefully the applicant and some of the homeowners that are in the audience can address some of those issues tonight. Other than that, staff is recommending approval of the two year time extension and with that I'd stand for any questions you may have. de Weerd: Council, any questions at this point. I understand that there were some names submitted to the city clerk in advance of the meeting. If you could read those names into the record at this point it would be appropriate. Holman: Thank you, Madam Mayor. I had four written comments and they all voted no or against and they were from Karen Degrassia. Emma Howell at 815 East Boulder Bar Street. Linda Vallino, 798 East Boulder Bar. And Odessa Keckler at 806 East Boulder Bar. de Weerd: Okay. Thank you. Would the applicant like to comment at this time? Bill, as Becky is coming up if -- when this came through for the first time extension did we have extensive conversation about weeds? Canning: Yes. de Weerd: Okay. Thank you. Thank you. If you will, please, state your name and address for the record. McKay: Becky McKay. Engineering Solutions, 1029 North Rosario, Meridian. As Bill indicated, the project was originally owned by Packard Estates Development. It kind of -- when we submitted the -- the first time extension it was in limbo and we had a weed situation and we did get that taken care of. The property has since changed hands and has gone back to Washington Federal Savings and Loan. I did send the staff report to the gentleman at the bank. I did not get a response from him if he consented to the conditions, but the conditions were consistent with what I had discussed with the staff in the pre -application conference. The trees that were out there I did contact Mr. Groves, I asked him if he removed the trees. He said, no, that he did not and that it was his assumption that the bank had done it. I know that they have -- I think her name is Barbara, a local employee, who now is, I guess, managing these properties, because they have taken quite a few of them back and her responsibility is to make sure that there are no hazards on the property, that the home -- existing homes aren't vandalized, Meridian City Council January 18, 2011 Page 24 of 57 that they are demoed if necessary and take care of weeds and so forth and I think they have just kind of implemented this program. This is our second time extension. The first one to come before the Council. The last one, as you recall, was on appeal for the staff level. We do -- we do have approved construction plans on this project. It was, you know, obviously, the intent that this -- this move forward. I have received multiple phone calls within the past 30 days from credible developers looking at this project to pick it up and to proceed with it. So, you know, I would ask that the Council, you know, consider -- you know, these don't do any good just sitting there as weeds, obviously. We have trees that die and it becomes a problem. I don't know what they are going to do on the tree mitigation, because it's not that big a site and I guess, you know, whoever picks up the baton on this one and moves forward will have to address that, you know, whether they donate trees to the parks department or come up with some other mitigation means, I guess that would be up to them. But at this time I don't -- you know, I can't really give you a lot of answers. Do you have any questions? de Weerd: Council, any questions? Bird: I have none, Mayor. de Weerd: Okay. Thank you. Okay. This is a public hearing and I do have a list that people signed up. When I call your name if you would like to come forward at that time and provide testimony, I would invite you to do so. Ralph and Darlene Bielinski signed up against. If you will, please, state your name and address for the record. Bielinski: My name is Ralph Bielinski. I live at 6178 North Saguaro Hills Avenue. de Weerd: Thank you. Bielinski: Madam Mayor and Council persons, thank you for this opportunity. There is a row of homes that border Jericho Subdivision on the west side. There is ten lots and nine homes. One lot is unimproved. I own one of those homes, as do the people in the back row here. They also own a home. I'm also president of the Hightower homeowners subdivision -- I mean the Hightower Homeowners Association, so I'm the -- I'm here to represent myself as a homeowner, but I'm also here to represent the view of the homeowners association. We oppose the extension of this -- the approval of the extension and I'd like to say why, a little bit just so you can understand where I'm coming from. We have been -- my wife and I have been here for two years, we come from Wisconsin, at a city in Wisconsin. I was a part of a planning commission for a city. I also served -- was elected and served as a council person. I was -- I was a part of a city housing task force that was formed to promote residential development and I also helped develop the city's comprehensive plan. So, I have a little bit of an idea of this process here. As part of my background, when I first viewed this subdivision plat I looked at it and the first thing that occurred to me was it's a planned ghetto and the reason is the 68 homes are on nine and a half acres. The 24 townhouses, eight three- plexes, in my background they are small units, most of those would wind up being rental units, if not all of them, and the subject to the issues of rental properties, which is higher Meridian City Council January 18, 2011 Page 25 of 57 crime, drug, alcohol, accelerated property damage. It's not what I would consider a family oriented kind of layout and the -- and I did talk to Mr. Parsons this morning and he told me that it was not somebody who is trying to take -- see how many buildings they could put in nine and a half acres, but that according to your Comprehensive Plan that -- that is designated -- that area is designated as a neighborhood center and as such is a high density urban environment, so it's not what I consider a family oriented subdivision. And the other issue that I had with it is the roads -- I don't know if you can see it, but the roads exit onto -- I forgot the name of the street up there -- onto Saguaro Hills Avenue and they exit on Saguaro Hills and Chinden Road where there is a Moxie Java is congested already in the morning. I mean people have commented that it takes a long time to get out of the subdivision to go to work. What complicates matters is right across from the exit is another subdivision and we have a lot of people turning -- trying to turn left to go into Boise or go east for jobs as well. So, the -- I don't think there was a lot of thought -- there is going to be a tremendous amount of congestion the way these roads are laid out. I'd like to get back to that -- how do I get back to that -- okay. If you take a look at the road -- the exit on the top and, then, on the side, the only way you can get out is to turn left and go down to Saguaro Hills and head out to -- past the Moxie Java out to Chinden that way. I just had a comment on the Comprehensive Plan. From my perspective and from my experience the Comprehensive Plan is a good -- is a guideline, albeit a strong guideline, but it's not something that should be followed blindly, particularly when there might be better options available, and what we would propose -- and we discussed this a little bit with -- the layout, the -- we lay out the plat, that it become a little more family oriented subdivision, rather than the high density urban environment. The -- when I think of a family oriented -- we are speaking about a family valued type of environment where you have people that tend to have the same set of values, they have kids that go to the schools, they have kids -- churches, shopping, community events tend to be a common thing that happens there. Also the roads are a real issue -- de Weerd: Excuse me for just a minute. Did you give him ten minutes as a spokes person for an HOA? Holman: No, Madam Mayor. I gave him five. So, put five more minutes on? de Weerd: I can't -- is it five minutes for an HOA? Bielinski: I have to address the flooding issue as well. de Weerd: If you will hold on just a second. Nary: Madam Mayor, Members of the Council, I think if it's a spokes person I think you have given them ten. de Weerd: Okay. Thank you. Sorry for interrupting you. Meridian City Council January 18, 2011 Page 26 of 57 Bielinski: That's okay. The -- some suggestions that happen may -- is that there be more exits from the subdivision and some onto Jericho Road, which is on the right-hand side and that Jericho Road be extended to Chinden to eliminate all of the -- all of the traffic going west and coming out, because it's going to be a tremendous amount of congestion up there and I can see some real safety hazards up in that area, too, with all the cars trying to get in and out there. I think that's about it that we propose. Again, we oppose the approval of the extension based on that. We'd prefer to see something more family oriented. A couple more comments. I think that the people that are living there are concerned about living next to a ghetto type environment. It lowers our housing -- property values, plus we have got builders in our area that are trying to build and it's going to -- if the word gets out that they are going to have a high density environment or ghetto type environment there, it's going to kind of put a damper on how that area is viewed and right now that area is viewed very positively. So, other than that, before I move onto the flooding issue, are there any questions? de Weerd: Okay. Go ahead and continue. Bielinski: Okay. There was some question on the flooding issue and we have a flooding problem. One of the ladies in the back came to my door about 5:30 one Saturday and said that the field behind us -- the Jericho field was flooding. And so I went out and I took a look and, then, I checked my backyard and the fence between Jericho -- we had about a foot of water into the yard from the Jericho property all along our property. I looked across the fence, the lady next door who is right behind the waste ditch and she had more water -- I couldn't say how much, but more water than we had in our yard within her yard. Went out and I checked and the problem was we have about a half a block down we have a vacant lot, an unimproved lot, and that lot the water was -- from Jericho was coming down virtually the full width of the lot into the street and we had a stream in the street that was probably two foot deep and maybe three or four inches high that was exiting into the sewer down the block -- the city sewer down the block. What happened with -- quickly -- I called -- I called the police department, who called Settlers, who called the Kerns ditch rider, who came out and pulled the grate on Chinden where this thing exits downstream and he also closed the gate on the weir box, the Kerns weir box that's located on the southeast corner of the Jericho property. Part of the problem was when Grove was -- was to improve this property he was supposed to upgrade the weir box to put in a full control so that this wouldn't happen. When Grove defaulted to the bank then nothing happened and what I would like to see happen is that -- whether this -- this plot gets approved or not, that the bank move forward with the construction and the upgrading of the weir box in an attempt to eliminate that. So, right now what they did was -- we talked about the trees -- some of the -- some of the trees were -- the waste ditch was widened and deepened and some of the trees were cut down because they were adding to the debris that went into all of our -- all the ditches that are from the cornstocks all the way down Jericho, all the way up and across the Jericho Subdivision. There was an attempt to eliminate the clogging of the -- of the troughs and the waste ditch. I think our main concern is that this -- it's easily, if somebody wouldn't have seen it, that whole row of homes -- those nine homes could have had their crawl spaces flooded. So, I did talk -- after this Meridian City Council January 18, 2011 Page 27 of 57 happened there was a guy cutting down weeds in the field and I went to talk to him and ask him if he had encountered anything like that and he said he came out to cut weeds one time, but couldn't do it because there was two foot of water in the field. So, this has been going on and somehow I would like to see some instruction given to Washington Federal to move ahead with the -- with the upgrading of that box. So, again, we do oppose the approval of this and we'd like to see it re-laid out a more family oriented layout. Like to see the traffic rerouted and approved or exiting traffic. I don't think there was at the time -- I don't think that there is a big consideration with the traffic flow, but I think the traffic flow really has to be considered here. de Weerd: Sir, I'm sorry, you need to -- Bielinski: Okay. Any question? de Weerd: Thank you. Council, any questions? Bird: I have none. de Weerd: Okay. Thank you so much. Jackie Dahl. Signed up against. Good evening. If you will, please, state your name and address. Dahl: Jackie Dahl. 6108 North Saguaro Hills Avenue. de Weerd: Thank you. Dahl: My comment is that I hope you listen very carefully to Ralph. I happen to be the one that noticed the flooding and it came into my property and it was a tremendous health hazard. It brought all kinds of crap and stuff and it -- it was nasty. The water was running next to my house in the empty lot all the way to the street and it was horrible and we were helpless. Another hazard, as far as I'm concerned, is that last summer whoever owned the property -- I believe it was the bank, did mow the field, the nine acres, but it was a tremendous fire hazard and if that lot is going to stay empty it needs to have a fire line, because the homes that back up to it have absolutely no protection whatsoever. Basically that's it. And I would hate to have to live in a ghetto and I have back up. I really agree with everything that -- that Ralph said. And that's it. de Weerd: Okay. Thank you so much. Dahl: Thank you. de Weerd: Jerry Stansell signed up against. Okay. Thank you. Mitch McCoy signed up against. Vince -- I'm sorry, Vince, I can't read your last name. Cosentino? There you go. Signed up against. If you will, please, state your name and address for the record. Meridian City Council January 18, 2011 Page 28 of 57 Cosentino: Okay. My name is Vince Cosentino and my address -- I just bought the place, so I'm trying to remember it. It's 6165 Saguaro Hills. As I indicated, I just -- good evening, Council members and Mayor. My whole situation here is I'm unprepared for this. I just got here, just trying to get the property prepared. I have invested about a quarter of a million dollars of my personal funds in the property and probably another 50 or 40 thousand in whatever that you have when you have a new home. I was totally unaware of this situation until just yesterday, somebody dropped off a little note from the -- the association. So, all I'm saying is is that, you know, your -- your duties are the guardians of the public trust and I find that the indications of the gentleman that spoke before me that he had indicated that the way it's going to end up is with a lot more people than is planned -- that we all -- or I was aware of in this particular area. If that creates street problems or crime problems and things like that I'm not too sure about my wonderful investment. I came here because I -- I really enjoy the area and I like it and I wouldn't have invested the dollars to begin with. So, as guardians of the trust -- public trust I hope you people can make a decision that will help the existing residents and some of the new residents that come here. That's about it. Thank you. de Weerd: Thank you. Michael Birch signed up against. Okay. And Tyler Rountree signed up against. If you will, please, state your name and address for the record. Rountree: Madam Mayor, Members of the City Council, Tyler Rountree, 1098 Pasacana. I spoke two years ago against this and it was a bit of a quandary to check the box today. So, while I somewhat agree with what the homeowners in Hightower have said, I also think I had a bit of due diligence as a homeowner when I purchased my home and certainly looking at the plat I looked at before I purchased my home, it is what it is. I would much rather see it meet what current requirements are, but after living there for three years absolutely nothing behind me and the weeds, the rodents, everything else that we are dealing with, houses -- people might be easier to deal with. That might be a broad statement to make, but the people might be easier to deal well. I think that Mrs. McKay hit the nail on the head, however, in that there is no one to talk to to get these problems remedied. It's you guys. It's code enforcement. It's PD. It's fire. Those are the people that are going to have to come to all of these homeowners' aid unless the city puts forth the stipulation right now. There are trees that we are dealing with with our homeowners association on the southeast corner of that property. Two years ago part of the weed discussion that was remembered from that was those trees. Nothing was done with those trees. Those trees are still causing problems with our irrigation system, they are causing problems with the fencing along the perimeter of our area. The trees need to be mitigated. The water problem that the people are having in Hightower needs to be mitigated. All that needs to be a condition of the extension on this development, in my opinion. And I think that the city is the one that's got to do that somehow, because it's just going to continue to create problems. The flooding is going to continue to be there until that's mitigated. The other problem that we addressed in Arcadia is the trees that are along that fence harbor Box Elder bugs and the Box Elder bug population was quite successful this last fall and they are little teeny tiny red dots that will crawl in your house through the screen when the windows are open in the fall and they reproduce like you would not believe. So, I get calls from my wife, who comes Meridian City Council January 18, 2011 Page 29 of 57 home and our home, literally, is covered in Box Elder bugs all fall. I came home from work this morning and the house, because it was nice yesterday, was covered in Box Elder bugs. Our HOA has sprayed. I have sprayed. We can't get them mitigated. The property needs to get taken care of. So, again, while I understand some of what the Hightower homeowners were saying, the plat's the plat, but the property needs to be maintained. With that I'd stand for any questions. de Weerd: Thank you. Council, any questions? Thank you for being here. Okay. Those were the names signed up. Is there anyone else who would like to provide testimony on this item? Okay. I would ask the applicant's representative to come and respond to the testimony we have heard or any wrap-up remarks. McKay: Thank you. You know, obviously, with the time extensions we don't get into the design of the project and what was previously approved. As you well know, on the Comprehensive Plan this was designated for I think a minimum of eight dwelling units per acre due to the fact that that was one of the centers. We struggled to meet that throughout the whole project. If you look at the Hightower project that adjoins us, it's a very very similar development. They have front load, smaller, single family dwelling lots, they have alley load lots, they have linear open space, so it is very similar in nature and I think that was, you know, one of the things that the staff liked about the particular project is it did -- it did conform more to the Comprehensive Plan than our original design. As you -- as you also know, we -- we initially submitted a concept to the Council -- to the city and, then, we put it on hold and we spent I think close to four or five months working with the Westborough neighbors and working with the highway district on how all of this transportation would work in this area and there was talk about elimination of that Jericho intersection altogether and the focus was to send that traffic to the west and, then, up to Castleberry Avenue and one of the things that we worked with on the Westborough was that we have created that front -on housing on Jericho, so that we didn't just wall ourselves off from them and if you recall they were supportive of our application, because we had spent so much time on -- with them on our site design and our building design. I think to say this is not a family oriented project -- families live in all -- in diversified type of housing. We find families in apartments and these days we are seeing people down size, we are seeing couples struggle and have to move into smaller homes and that's kind of the trend that's taking place in the valley right now. As far as the traffic, there was, like I said, an immense amount of time spent with ACHD and the city on working out how all of these subdivisions would interconnect and feed out to Chinden and this was the preferred route, not the Jericho route. The flooding issue, there is -- there is drainage water, obviously, running off of the property. Now, as you well know the Idaho Code requires that any adjoining properties, especially if they are developed, that they shall provide for the drainage runoff. Now, my memory doesn't always serve me correct, but I do recall that there was a pipe for some of that runoff to go to the west and I remember a discussion about the size of that pipe that was designed by another engineer and trying to work with that. I would have to go back to the project engineer, pull the construction plans, and look at the weir. I know we were redesigning a weir, we were piping some of the facilities, we did get approval from the Kerns and I guess take a look at what the problem is. Obviously, you know, you can't Meridian City Council January 18, 2011 Page 30 of 57 damage property that adjoins you, but also there has to be some accommodation for that drainage. I mean we just -- it can't just disappear. So, that would, obviously, take coordination with the HOA of Hightower, the Kerns, and permission from the bank to look at that. As far as Mr. Rountree, I agree with him. You know, if these trees are obviously where these Box Elder bugs are nesting, then, I would agree that something needs to be done. We -- I had an office in Eagle that the next door property had Box Elder bugs and I know what he's talking about. I can relate to that. I guess if the Council approves this time extension you can add conditions. You have that ability. Those conditions we can send to the bank. If you would prefer that I go back to the bank and talk about these issues and have some formal response prepared for you and defer this item, I could do that. It's whatever you're they totally just trash this plan it's going to sit there entitlements are really the only remaining value on Thank you. de Weerd: Okay. Council, any questions? Bird: Madam Mayor? de Weerd: Mr. Bird. most comfortable with. But if -- if for a long, long time. I mean the this property, you know, that's left. Bird: Becky, you know, we can put all the stipulations on it that we want, but how do you enforce it with the bank until somebody gets ready to develop it and when some -- another developer or somebody buys it, they might not want to stay with this same plan and we get -- that way they bring in another application and come forward. So, I feel like we can put all these stipulations on it, but our code enforcement people are going to live out there and how much are they going to pull with the bank and in these economic times I don't see it jumping and starting up, you know, being subdivided and ready to go. I don't know. I -- I was wondering -- and I understand the neighbors concerns. Something with the water, I think -- I don't know if Settlers can force the bank to take care of that or what they -- what they can do. I mean we can put a stipulation in there, but who is going to enforce it. McKay: Yeah. Madam Mayor, Councilman Bird, we'd have to assess the drainage problem and try to pinpoint what's going on. Bird: Yeah. McKay: Is it the weir is leaking? Is it just lack of maintaining the ditches and there has been gophers? Is it an issue of the Hightower drainage pipe is plugged? I mean we'd have to determine what is the problem. I think, you know, the only -- I agree -- you know, the banks are not that responsive, you know, to anyone. You know, they are -- don't they -- they are overwhelmed and they don't know how to handle this. So, the only -- the only hammer that the Council has is these are the items that need to be addressed. We want you to retain the proper professionals to take care of it. If taken care of, then, we will give you a time extension. I mean I don't know how else to force Meridian City Council January 18, 2011 Page 31 of 57 the issue. Councilman Bird, obviously, that worked to get the weeds taken care of last time. But that time it was still under control of Mr. Groves, who -- I, you know, went on the record that I could assure the Council the weeds would be mowed. In this instance I can't give you my professional guarantee. You know, these people are out of Seattle. I do know they have a local gal and I do have her card and so I could, if the Council would like to defer this for a month, I can, obviously, type up a detailed memo of all of these comments as far as these issues that need addressed. The drainage issue. The tree issue. The weeds. And whatever else seems to be the problem. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I don't know about the other Councilmen, but that would be my preference is to get it -- to delay this a month and have Becky go back to the bank and given some of these stipulations and see what they are going to do with it before we do it. McKay: If the bank's nonresponsive, then, the Council can take whatever action they deem necessary. Bird: Yeah. Then, we can do something. McKay: I don't know what else to do. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: And that's my thinking on this and, Becky, is -- is the hammer, the leverage that we have over the bank the fact that we hold time extension in our hands. I mean if we give that up tonight what do we have to say you need to comply with these things, you need to do something about the flooding, you need to do something about the trees. You know, that's -- I struggle with that, because this plat has a value and I don't want to give up that value if that means none of these serious problems are going to be addressed, so -- McKay: Yeah. Hoaglun: -- your thoughts on that. McKay: I guess, Madam Mayor, Councilman Hoaglun, right now the power is the time extension, approving or denying this time extension. You're right, if you approve it tonight and you impose these conditions that may not be enough of an incentive for the bank to do anything. But if you say these issues need to be addressed -- I know that the Eagle city council is encountering the same type of problems and they are withholding time extension approval until such time as weed issues, irrigation issues, Meridian City Council January 18, 2011 Page 32 of 57 other problems are taken care of. Yeah, this -- I would say this is your opportunity, so if -- maybe you could instruct the staff to give me an official letter. I would also do a memo myself so they know that the city -- that this is an issue and, then, if this is not resolved within, you know, the next 30 days or at least come up with some type of a commitment on their part written, then, the Council's intention is to deny the time extension. Canning: Madam Mayor? Oh, I'm sorry, Mr. Zaremba. Go ahead. de Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I will go first. I was just going to support that idea. What I was going to suggest is that staff add two more conditions and that we let the bank know that those conditions are required and that one condition would be to explore the flooding problem and if that weir or irrigation junction box, whatever it is, needs to be upgraded now, then, that has to be done and that would be the fourth condition. The fifth condition would to treat the trees on an ongoing basis to prevent them being a home for the bugs and my suggestion would be to add those to the conditions now and to notify you that they have been added to the conditions which you can pass along to the bank and, then, come see us in a month, I would vote to continue this for a month. de Weerd: Okay. Mrs. Canning. Canning: Madam Mayor, Members of the Council, I just want to kind of refine the discussion a little bit, because I think it's close, but I wanted to remind Council that Mrs. McKay was right, if we -- historically when we have added conditions to time extensions they sit there for two years and absolutely nothing happens until the next time extension comes up and, then, we remind them that they committed to that and still nothing happens. I mean we don't get revised landscape plans, we just -- it's forgotten once it leaves here. It's put on a shelf. What has worked most effectively in the past has been to say this is approved contingent upon you coming back to us in six months with this done. Not make it a condition of approval, but in six months this has to be done and, then, we will approve your time extension. So, it's a little bit of a different twist than what Mrs. McKay is suggesting. So, rather than coming back -- there may still be value in coming back in a month to discuss what needs to be done, but, then, to put it off for six months to actually get it done and, then, the time extension is approved from there. If Council has no time constraints on how quickly you need to act to this, if we have the applicant's approval on that issue, which I'm sure we'd get, otherwise, they will have a denial, probably, on their hands. So, that seemed to have worked -- you may recall we needed to get a sidewalk built along Ustick? McMillan? McMillan. And that worked really well to get that -- it wasn't owned by a bank at that point, it was owned by a person, but instead of just ignoring it for two years we got that sidewalk built rather quickly. So, I wanted to remind Council that that was an effective tool in the past. Zaremba: Madam Mayor? Meridian City Council January 18, 2011 Page 33 of 57 de Weerd: Mr. Zaremba: Zaremba: I agree with that, although I was more thinking that that six months would be one month and that these things needed to be completed by a month from now. I guess my issue on behalf of the people with the flooding and the bugs, is if -- if we say we are going to reconsider this in six months, we are already talking about spring, going through spring and being several months beyond that six -- well, six months from now would be the middle of July. So, that gives me some discomfort with some things that were supposed to have already been done. So, I -- I was thinking along the same lines, but I'm not ready to be quite as generous as six months. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I think the irrigation water is turned usually in April. So, like the issue of the weir, it would have to be completed by then if there are changes to that. So, that's a -- we got three three months to do that, if -- if that's the route we go. And same with the trees. Prevent -- you know, when spring comes and those Box Elders start hatching and -- it's a mess. So, I'd prefer sooner as opposed to later and give them a shorter time frame, maybe start the process at 60 days. If they need an additional 30 days, come back and say, okay, 30 more days, but that's -- that's about it, because, again, we will be mid April by that point and that better be taken care of, so -- Zaremba: And, Madam Mayor, I am not talking about the promise, I'm talking about the action having happened. Hoaglun: Yeah. McKay: Madam Mayor, if I may. It may take us two or three weeks to assess what's going on and, then, get a response back from the bank or authorization to take care of it or something in writing. I guess I would prefer to report back to the Council in 30 days, you know, here is a letter from the bank, they will -- and, then, give them 30 days to complete it from the next meeting. de Weerd: And, actually, that allows us to continue the public hearing and allows the neighbors to hear what the responses are and to offer any additional comments or feedback to -- to what the bank's response might be. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I agree the bank comes back to us in 30 days and at that point we can decide whether we want to give it another 30 days or what we want to do. Anna, I got a question for you. What if we look through this flooding and stuff and find out that the Meridian City Council January 18, 2011 Page 34 of 57 piping in the other subdivisions there are -- is not up to what it was supposed to be, how do we put the hammer to them, because that's been known to be done a lot of times. Canning: I'm not sure. It's probably an issue that the homeowners would have to take up with -- their association may have to look into the issue. I know that that's typically what happens in older homeowners associations is they end up shouldering that burden after some point. Bird: Okay. That would be my preference. We give the bank 30 days, Mayor, to come back with a report and, then, give it another 30 days or something to get it done, period. de Weerd: So, Council, if you wanted to consider at this point to continue this public hearing to a date certain and, unfortunately, we don't have updated calendars in front of us. Bird: I do right here. Madam Mayor -- Zaremba: Sounds like it would be about February 15th. Bird: 15th. February 15th. de Weerd: Okay. I would consider a motion, then, and direction to staff in what to include in a letter that can be sent with the applicant's representative. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I would move that we continue public hearing on TE 10-034 and that staff get with applicant and the express the concerns regarding this property to -- to forward to the bank and within -- by February 15th report back with a letter from the bank and at that time we will take this up again. Hoaglun: Second. de Weerd: Okay. I have a motion and a second to continue this public hearing to February 15th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C -G Zoning District Meridian City Council January 18, 2011 Page 35 of 57 de Weerd: And thank you. And thank you to the neighbors for being here. Okay. Our next item, Item 8-C is a public hearing on AZ 10-003. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, the application before you is an annexation request of .22 acres. It's currently zoned RUT in Ada County and it is located, essentially, at 2250 North Meridian Road. It is associated with that property. This property was developed with the adjoining property to the north and is held in common ownership. A portion of the parking lot for the adjoining business is actually contained on the property. When a Conditional Use Permit for a preschool day care center was recently approved on the property to the north, it came to staffs attention that this little strip or this odd shaped bit of property had not been annexed with the abutting property and Council may recall I actually requested a fee waiver for this annexation application, because it appeared to have been perhaps staffs error in not getting the annexation legal checked correctly the first time. So, it's come full -- full circle back to Council now as the annexation request. And due to its small, irregular shape, and the fact that it really is associated with a larger property, we are not proposing a development agreement at this time and just recommending approval of the proposed annexation to clean up the zoning maps and our records in general. The Commission recommended approval at the December 16th Planning and Zoning Commission hearing. Keith Borup spoke in favor at that application -- at that hearing and no one spoke in opposition or commented, nor did anyone provide written testimony. There were no key issues of discussion. There were no changes to staffs recommendation and to our knowledge there are no outstanding issues before City Council. de Weerd: Thank you. Would the applicant like to comment? It's always nice to see you on the other side of that, since we no longer have you on this side. Borup: Madam Mayor, Members of the Council, the only thing I'd -- maybe to -- de Weerd: If you will, please, first -- Borup: Oh, I'm sorry. Keith Borup. 2090 Freedom Lane, Meridian, Idaho. de Weerd: See, I didn't think I had to tell you since you have been on Planning and Zoning for years. Borup: You didn't. I realize that before. I just got so excited. Maybe just -- I don't know how much background information -- this property was purchased in 1998, three parcels of about a little under three acres. At that time in the closing statement we paid Meridian city taxes and have been paying Meridian city taxes since then. So, we assume it was part of the city for some reason. Looking into it, talked to the county and they said, well, we made a mistake in '98, you should have been taxed on that and that's all under the bridge. Well, I was a little curious. The property was originally annexed in 1982 and a year later this little parcel was purchased and the parking lot Meridian City Council January 18, 2011 Page 36 of 57 was put in. So -- but it wasn't annexed. This small parcel. So, the staff mistake I guess happened in 1983. So, anyway, that's when it happened and we found out about it and that's why we are here is to try to get it part of the rest of the -- rest of the property. I don't have anything else, unless there is any questions. de Weerd: Thank you. Council, any questions? Bird: I have none. Zaremba: I don't have any questions, but it's nice to see you again. de Weerd: Okay. This is a public hearing. Is there anyone who would like to provide comment on this application? Okay. Zaremba: Madam Mayor, seeing none, I move we close the public hearing on AZ 10- 003. Bird: Second. de Weerd: Okay. I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor. de Weerd: Mr. Zaremba. Zaremba: I move we approve AZ 10-003. Bird: Second. de Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion from Council, Madam Clerk, roll call, please. Bird: Just a second. I do have a question. Did the motion also waive the fee? Zaremba: I did not specify that, but, yes, that is my intent to waive the fee. Canning: Council approved the fee waiver in October or so already. Bird: Okay. I misunderstood. Sorry, I didn't mean to confuse you on that. Zaremba: Well, then, I'm happy it is waived. de Weerd: Okay. Madam Clerk. Meridian City Council January 18, 2011 Page 37 of 57 Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Planning Department: Ten Mile Area Collector System and Access Discussion de Weerd: Thank you for joining us. Nice see you. Okay. Item 9-A under department reports. We have our planning department. Canning: Madam Mayor, Members of the Council, thank you. I need to spend just a moment talking about the Ten Mile interchange specific area plan with you. As you may recall, one of the challenges that we identified within the plan was getting that collector road system and the plan actually talks about staff assisting the development community in developing the collector road system and finding a mechanism to get it done and that this really was going to be one of the interesting challenges associated with development of that area. In particular, there is a very challenging section bounded by Ten Mile, Franklin, Black Cat, and the interstate, which if Bill could highlight that with the -- there. Basically that box there. That particular area -- there is -- the first parcel that came in, Meridian 118, which is in the center of that section, basically, is land locked and that presented some issues with ITD as they were acquiring property to -- for the right of way to make sure that that access remains on there. So, there is a number of property owners right on Ten Mile that are dealing with ITD on access issues and those property owners have decided it may be in their best interest to kind of come forward at this time and propose annexation to the city, dedicate the collector -- the easements for the collector right of way as easements and, then, to work with ITD to take what money they would be offering for the acquisition and put it into a road trust fund. Those details will get all worked out later. There is just a couple of things I need to run by Council today. One of the things I would like to offer these property owners that abut Ten Mile is that if they all come in together and work together on this project, I would like to waive the fees for annexation. So, potentially we are talking 1,700 dollars per property owner, but we would bring them instead all under one application and they would have separate development agreements as time goes on, but I would like to waive the annexation fee as those come in, just a -- as fulfilling the city's commitment in the plan to assist in developing this collector road system. The second thing I need to talk to you about is usually you get an annexation, a concept plan, and a preliminary plat. That's the way it usually works and it may go a little differently this time. You may get the annexation with the right of way easements and we will get DAs at the time of annexation, but you may not get a concept plan right at first. If you don't have a concept plan right at first the DA for that property would say before you do any development you need to do a development agreement modification and bring us a concept plan. The Meridian City Council January 18, 2011 Page 38 of 57 other thing is you won't get a plat right away -- you won't get a plat right at the beginning. There we go. They will do these right of way easements and, then, as the condition of the DA will require that they kind of go and plat them around -- and/or around them later. So, it's taking things a little out of sequence. I'm comfortable that we can still get development that's in the best interest of the city and that's consistent with the Ten Mile interchange specific area plan. I think that it's not just a benefit to the folks on Ten Mile, we have talked to the other two properties that have already annexed, Baraya and Meridian 118 being those properties, and, you know, even though they are not necessarily benefiting from -- from this action that we take right now, they are excited about being able to plat or dedicate the right of way easements and trying to address some of those access issues in this particular area. So, the property owners are largely on board. We haven't talked to the folk, generally, along Black Cat that -- that issue isn't quite as pressing as those facing Ten Mile directly. So, I would like your permission to waive the fees and I would like your permission to do things a little bit out of sequence in this area. de Weerd: Council, questions? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Anna, would you draw on there what right of way acquisition you're talking about or are you talking about all of it there? Oh, I'm sorry, I forgot you had to get up and go out there. You would think with all that fancy stuff you could do it from your desk. Canning: The ITD one -- the ones that ITD are particularly concerned with -- if I can get the pen working. Bill, will you click on the picture, so that -- okay. Let me try again. Hoaglun: I think it's out of ink. Canning: Okay. It doesn't want to. Okay. I'll just do it this way. Bill, if you -- if you're using your mouse it won't let me use my mouse, so -- okay. I'll do it this way. It is not letting me do it. Hopefully this will work. One of these ways has to work; right? All right. Then, again, no. All right. ITD is particularly concerned about this access road right here. Bird: Okay. Canning: And, then, secondary access coming perhaps to about right there and, then, also through the Janicek property up here. This is potentially another secondary access as well. But the ITD portion is -- is really this little bit right here and that provides access -- well, it starts on the Janicek property and it provides access to Fredrizzi and SJJV. Right there. And Meridian 118 would have a little bit of that to provide the secondary access to the SJJV property down here. Meridian City Council January 18, 2011 Page 39 of 57 Bird: Okay. Canning: And Meridian 118 is also interested in a secondary access through the Baraya property up here. This little bit is Baraya. Or coming up through this Baraya portion that comes through Janicek and, then, up to Baraya -- to Baraya up to Franklin. So, really, we are talking about almost every section of the collector roadway system, except this little section here and this little section here. Bird: Okay. Canning: Now, those would still get done at the time of development, but they are not as crucial to the -- to the -- what we see as the first access roads going through. Bird: Madam Mayor? Canning: And, then, this is an underpass in case anyone forgets. Bird: Anna, so what you're asking to waive is in that section right there, excluding that section that I think Corey Barton has got already platted. Canning: Correct. It would be for SJJV, Fedrizzi, Janizek -- Bird: Okay. Canning: -- and it Mays -- is that the other property owner, Becky? Mays? Is that right? The one at the corner. Carney is the -- is the fourth one. So, it would be for those four property owners. Bird: Okay. Thanks, Anna. Hoaglun: Question, Anna. de Weerd: Mr. Hoaglun. Hoaglun: You have mentioned fee waiver, but it sounded like they would come as one application and there would be a fee with that or -- I wanted to be sure I got that clear. It sounded like we are going to -- they are going to do the easements, but it would be done as one package, as opposed to each one submitting their own and that's where the fee waiver request was. So, I want to be certain -- I may have misunderstood something there. Canning: I had intended to just bundle them as one application just to make posting and noticing a bit easier. We could still bring it in as far as an application, but it would be a little easier to just do one application. Meridian City Council January 18, 2011 Page 40 of 57 - so, it would a waiver of fee even for the one -- instead of doing it Hoaglun: And then - as four separate it would be bundled as one, so that -- my question was, then, is there just one application fee or that fee would be waived as well for them -- Canning: That -- that fee would be waived as well. Hoaglun: Okay. So, as an incentive to get them to work together to do this all as one we waive that fee and get it to move forward and help move all the projects there and get this resolved. Canning: Yes. Hoaglun: Okay. Thank you. de Weerd: I guess -- Zaremba: Madam Mayor? de Weerd: -- almost to make it simpler is we are asking them to do this and to annex, so it almost would be a city led annexation application. Canning: With all the property owners consent, yes. de Weerd: Yes. Okay. Mr. Zaremba. Zaremba: And I just on that same vein wanted to clarify that the fee that we are waiving is the annexation fee. Their subsequent applications they would pay whatever fee they would normally pay. Canning: That is the intent now. They may ask -- and I'm not sure at this point -- usually through the annexation process at the end Council decides we want a DA, we don't want a DA. They may ask to have the DA fee waived as well. That's not critical at this point. I mean I just -- we need to get them in the door first, so -- and that one may vary by applicant. Zaremba: I guess what I was trying to distinguish was the plat application fee and the -- there are other things that they will need to do later that we are not waiving. Canning: Yes, sir. Zaremba: Okay. Canning: And Mrs. McKay is here, she is representing -- well, she's talked to all four property owners and she's representing three of them, so if you have additional questions on some of the specifics you can ask Mrs. McKay. Meridian City Council January 18, 2011 Page 41 of 57 Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: How much footage of right of way are we getting dedicated? How many feet? Canning: I have not looked into that. Bird: Becky I'll bet could tell me. McKay: Becky McKay. Engineering Solutions. Madam Mayor and Council Bird, I don't have an exact linear footage. Would just -- Bird: I mean how wide? McKay: Oh, how wide? We laid the streets out to match the widths as designated in your Ten Mile area specific plan. So, if they had medians and two lanes and bike lanes on the outside, we laid them out with the right of way that would accommodate that. Now, they can always put like the detached walk in their property, along with their buffer, but for the essential part of the roadway we did accommodate that. Bird: We stayed to the plan. McKay: Yes, sir. Bird: Okay. McKay: And, then, the rotaries -- ACHD changed all their standards on rotaries that came about this month, so we did revise our plan to reflect that. Bird: Okay. McKay: And as Anna said, this is kind of the preferred way. We struggled for two years trying to -- with ITD trying to figure out how these properties would have a primary and an adequate secondary access to develop as delineated in your Ten Mile plan. We could not figure out a way to do it, other than to get some type of overall cooperation in this section and what ITD ended up with is they were going to, basically, make improvements that were throw away. They did not meet ACHD standards. They were substandard and there would be no utilities in these roadways, so, you know, they'd have to be tore up to put your sewer, your water, joint trench and we finally came to the conclusion instead of this throw away, ITD, why don't you put the money in a trust fund that ACHD holds and, then, when the first guy comes in there is dollars there to start this process and ACHD's indicated they will accept dedication of all these right of ways without improvement. They will accept that. They said that they have that ability. And if it will facilitate creating this transportation system ahead of development, then, they are for it. But the secondary access -- I met with Joe Silva and it's just impossible, Meridian City Council January 18, 2011 Page 42 of 57 unless you can get some of these roadways built simultaneously and you can't do it unless everybody developed at the same time and we all know that's not going to th h le section so -- happen, unless somebody from out of state buys e w o , Canning: And Madam Mayor, Council, the one other exciting note, other than ACHD willing to accept the easements, which we weren't sure they were going to and they didn't have a problem with it at all, the other exciting news is that Meridian 118 is ready to submit a final plat application, so they are eagerly looking forward to the easement, the road trust monies being available and looking forward to -- they will probably be the first ones to build the road. Bird: Thanks, Becky. de Weerd: Is that Meridian Crossing? Canning: It's Meridian 118. It's where that X is. It's that large project that we saw that had the mix of employment and the gas line went through it and they had the linear parks on the other side. de Weerd: Okay. Any other questions from Council? Zaremba: Madam Mayor, I was just going to say the spirit of cooperation that appears to be going on all over the place, I think that's marvelous that ACHD -- that's actually a variation to a policy they stuck with pretty firmly for a long time to accept an unimproved easement. I think that's great and I would support -- if we can get all those people together and work out the right of way and if it's to their benefit let's waive the -- waive the fee. Hoaglun: Madam Mayor, I agree. I think this is a great effort by everyone to put this project together in that area and there will be many projects, but trying to unify this -- this plan, so I certainly can support the fee waiver request and I know the planning director is asking us to kind of take things out of order and be flexible, but somehow I recall when we try to do that as Council the planning director's head kind of spins sometimes, so -- just note that for the record. You know, I'm in agreement with that, de Weerd: Hey, I was already impressed that she came up with this, you know. So, we probably need an official motion, Mr. Attorney? Nary: Madam Mayor, Members of the Council, yes, I think you should do that. de Weerd: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Meridian City Council January 18, 2011 Page 43 of 57 Zaremba: I move that we encourage the property owners along Ten Mile to get together for a single right of way proposal and in pursuance of that the incentive is that we will waive the annexation fee for those combined properties. Bird: Second. de Weerd: Okay. I have a motion and second. Any discussion? Again, I guess just under appreciation to all of those that have been working for the last several years on this, the consecration and the -- the really unique thing about the Ten Mile area specific plan was the integration of land use and the transportation system and we appreciate a solution that can get this going. It's important. So, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Planning Department: Relinquishment of Irrigation Easements in Unincorporated Ada County de Weerd: Item 9-B is also our Planning Department. Thank you, Becky. Canning: Madam Mayor, Members of the Council, about -- it seems like every couple of years or so we get one of these odd vacation requests and it's just long enough in between times that I feel like I need to remind you why you're doing it, because it's not apparent. But the state code has an odd bit of language in it that says if someone is requesting to vacate easements within the county and it's within a mile of the city, that they need your approval. So, Vacera Ridge Subdivision is -- did some lot line adjustments and as part of those lot line adjustments they had to -- they had some easements that followed those for irrigation and so they need to vacate those easements and they are requesting that the City Council approve that. The Public Works Department has looked at those vacation requests and has stated that they have no infrastructure located or planned to be located within the Vacera Ridge Subdivision. Public Works staff supports vacating the easements as proposed by the applicant. So, what we are looking for is Council direction for planning staff to write a letter to the county surveyor stating that the City Council approved the vacation at this hearing. de Weerd: Council, any questions? Bird: I have none. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Meridian City Council January 18, 2011 Page 44 of 57 Zaremba: I move that we authorize staff to write and send such a letter. Hoaglun: Second. de Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Canning: Thank you. C. Planning Department: Transportation Studies and Projects Overview - Includes a Discussion on Current and Future Roadway and Pedestrian Projects in the City, Including ACHD's Draft Five Year Work Plan for FY2012-2016 and Discussion on ACHD Cost Share Agreements. de Weerd: The planning department has the next item as well. Hood: Thank you, Madam Mayor, Members of the Council. I'm here to give my bi- monthly or quarterly update on all things transportation. You should have received a memo from myself in the packet. I do want to just take a couple minutes and highlight some of those things. I trust you have had a chance to scan it and look at the -- all of the items that were in there. But I will primarily be working from the memo in this presentation. The third bullet in that memo dated January 13th -- excuse me -- talks about the Eagle-Victory-Ridenbaugh Canal project. You may have heard that ACHD a little water that they were dealing with and had to take down the bridge and Eagle Road is right now closed until Friday. So, that's the update I wanted to give you and they do plan on paving over and having one lane open each direction by Friday afternoon. So, just wanted you to -- de Weerd: I will note, too, that the fire department did not close the street. They only reported it, but ACHD did. Silva: Thank you, Madam Mayor. de Weerd: I know. I listened to the news last night and it was like what is the fire department doing closing a street. Sorry. I had to clarify that. Hood: The other project that I wanted to highlight for you is the -- the Ten Mile interchange. I did meet with Idaho Transportation District Three staff and connecting Idaho staff, as well as ACHD staff -- it looks like the 7th of January to talk about the schedule for not only Ten Mile and reopening Ten Mile that's been closed for I think about a year and a half now, but they will be opening that back up here in March -- near the first of March. There is some incentives for ITD's contractor to get it done by that Meridian City Council January 18, 2011 Page 45 of 57 date and they look to be on schedule. So, we will hope that they stay on schedule and, then, that will allow one lane in each direction across the interstate to open back up. The ramps won't be ready until probably mid April to the end of May. So, there is a little bit more of a window, they aren't quite sure, but they do seem to be on track for opening at that time. Meanwhile, ACHD's project to widen Ten Mile from the southern terminus of the ITD project through the new Overland realigned intersection will be under construction at the same time. So, really, that project, as well as the interchange, should all happen hopefully simultaneously, but if not within days of each other. So, it will just be some finish work that's happening there. And, then, roadway work on the interstate will continue on through July. But that project does seem to be on track. One of the other things I wanted to spend a couple of minutes on is just going through draft A of ACHD's five year work plan that was released to the cities last week. I have had a chance to peruse that. The short version of my staff report is there is not a lot that's been changed. I reported to you a couple of times this past year that ACHD is changing the way that they come up with projects for their five year work plan and we are all excited about that and I think it's a good thing. They weren't ready to flip it on its head with -- with new inputs now and, basically, if they had invested in a project that project is continuing through the process of design and construction right of way, et cetera. So, there aren't a lot of things changing, which is good, because things are advancing like they should in the program. There was a map that was also attached to the memo. I think that's a great tool that shows where all the -- it's color coded with intersections, bridges, roadway projects. It does show five roadway projects and ten intersections in Meridian in our area of impact for construction in the proposed '12 to '16 five year work plan. So, I'm not going to run through all of those projects. I did mention in my staff report as well. So, here is that map that I was just referring to that you have. This is the Reader's Digest of a document that's like that. So, good tool. I did mention in my memo a couple of the tables that were prepared by ACHD staff and I just wanted to spend a couple of minutes highlighting some things in those tables, because I think this supplements and, again, summarizes the draft A very well. On page three of the menu -- of the memo, attachment one, they have them listed as contingency projects. In the previous years or at least last year these were known as slip projects, so if revenues weren't what they had planned on, this would be the first -- or in this case they have a couple of projects listed to fall out. It would fall back a year to two or where ever they could reprogram it, but these are kind of the -- the first ones on the chopping block, if you will, if they don't realize the revenue they are anticipating. So, just a couple of those projects to call out in 2012, Franklin, Ten Mile to Linder, is that project for that year if they don't -- if they don't realize the revenues. I will note that that's a flip-flop, because the year before Pine and Linder was the contingency project. So, we sent a letter to ACHD saying, please, don't let this project slip, it's very important for many reasons. Well, that's the case. Now, Pine and Linder appears to be safe, for lack of a better -- everything is subject to revenue and, you know, construction timelines and things, but Pine and Linder now is a little more solid and in 2012, Franklin, Ten Mile to Linder, is a little more iffy. The other one I just wanted to call is -- or two of them, actually, in 2014 the slip project -- one of the slip projects was Ten Mile Cherry to Ustick, and the other one is Ustick, Duane to Campton. I will come back to that project. That's one of the projects we will talk about in this cost share stuff, but that one's advancing in the Meridian City Council January 18, 2011 Page 46 of 57 program, so -- another thing to note on that Ten Mile at Cherry-Ustick project that I just mentioned, that one's actually accelerating. It's accelerating, but, then, they have it listed as one of these contingency projects. It's been on the shelf since I think 2006, been designed. ACHD is trying to take the intersection out of that -- that project and construct that as soon as they can. They also want to add a right turn lane to that project. So, that was something that was called out in the memo, but I just thought I'd highlight that for you now that they are going to update the design and, hopefully, advance that project. Moving on down page three in the memo. Federal aid projects. A couple just in the neighborhood that Anna was just talking about, Franklin and Black Cat, that project moved up from PD in the 2015 as a federal aid or an STP project. And, then, Franklin, Black Cat to Ten Mile, so that would be the roadway widening that's associated or just east of that roadway -- that intersection that I mentioned has moved into PD, so that's pretty exciting that those -- although most of those properties aren't yet in Meridian, certainly we requested last year as part of our priorities that you look at intersections and projects around the Ten Mile interchange. I will also all out a reason that I think this is moving to the top of some of these lists and getting constructed through federal aid dollars is it being a detour route for the interstate, too. So, there is some -- the corridor, Franklin Corridor, is something that -- trying to work on, so if there is an accident or what have you on the interstate there is another means. Just real quick, the other federal aid project in Meridian in Ustick and Meridian. So, there is another thing in our letter from last year that, that temporary interim intersection was put in in 2007 1 think it was. Now, it's an originally significant project that is new to the TIP. So, just thought I'd call that one out as well. de Weerd: And that was -- will be approved at the next COMPASS board meeting. Hood: Hopefully, yes. de Weerd: It did go through Executive Committee today. Hood: I'm going to move on to page four, attachment two, and these are the changes mentioned. I mentioned there aren't a lot, but there are some. Most of them are -- and when it says changes, a lot of these are -- they are advancing from PD into the -- into 2016, which is the first year of construction. It's how the program is supposed to work. You take the projects from unfunded, you move those into PD, from PD you move it into, you know, a construct -- a named year. So, a lot of these projects are advancing as planned. Just a couple to call out. The Black Cat and Cherry and the Black Cat and Franklin projects I mentioned as federal aid projects. Black Cat and Cherry is also listed as an interim project on here. So, they are at least looking at doing something on an interim basis if it doesn't fall -- if it doesn't come to fruition for a full rebuild of that intersection. Again, that was our letter saying worst case, safety stop controls and throw up a controller or two to make it signalized and if you can add a free right-hand turn lane, because that will help things, too. So, just to call that out. But that was -- Black Cat - Cherry was unfunded in 2011 and 2015 and now it shows up as a 2012 to 2016 -- or, excuse me, 2015, and, then, a draft A. And although not technically in Meridian, the Eagle and McMillan intersection I thought was another one that I would Meridian City Council January 18, 2011 Page 47 of 57 highlight, just because it's so close. That one actually -- if you look at the priority rank at six out of 152, the fourth column over, that intersection is busy and it shows a lot of need for safety and congestion benefits. So, it being a -- again, technically in Boise, but certainly a lot of Meridian residents use that to -- as they are Meridian subdivisions just to the west. That one is moving into the program and the PD. The other one that's not yet in Meridian, but State Highway 69 and Lake Hazel is also in the program, although it's slipped from PD to unfunded. Both those have a note that ACHD wants to work with ITD and get some -- essentially dollars out of -- out of this state, but there is some agreements that they have to come to -- to agreement on before those will come to be projects. Locust Grove and Victory, that advance from unfunded to PD, Ten Mile, Cherry to Ustick advance from 2015 to 2014. Ten Mile and Amity from unfunded to PD. de Weerd: Caleb. Hood: Yes. Hoaglun: Madam Mayor, Caleb, on that Ten Mile and Ustick I know that you had that noted up higher about how that -- that's moved, you know, currently planned for construction in 2015. Hood: Right. Hoaglun: And you mentioned updating the intersection configuration by adding an additional southbound to westbound free right lane on Ten Mile Road. So, if a person traveling on Ten Mile headed south -- Hood: Right. Hoaglun: -- when they get to Ustick there would be a free right. Hood: Right. Hoaglun: So, that's the only additional change that they are anticipating there? Hood: Right. That project has been designed since 2006 and they would -- traffic has reevaluated that and said, boy, we should have put a right turn lane in and let's put one in. So, previously there was a Maverick that was approved for that corner, so just McNellis Subdivision, that's the corner where you would have the free right. Hoaglun: Okay. Because that's the one where we have, you know, currently a four way stop and with the opening -- you know, we expressed concerns about that thing being a bottle neck once the interchange opens. Ten Mile and Ustick; correct? Hood: Ten Mile and Ustick. Correct. Hoaglun: Yeah. Okay. Meridian City Council January 18, 2011 Page 48 of 57 Hood: Be southbound -- Hoaglun: Yeah. Southbound and making a right turn on Ustick. Hood: Right. Hoaglun: Okay. Hood: That's what traffic says is where it's needed, so I haven't seen that, but they say it's warranted to add that free right. Hoaglun: Okay. I'm scratching my head on that one, but I'm not a traffic expert, so -- Hood: Yeah. And, then, just maybe the last one to call out is the 3-C rivers crossing is being removed, so -- I think that's on the five year work plan. I am -- and we can talk about this a little bit more here with the next presentation on cost share, but I will be at ACHD's commission meeting tomorrow or I plan on attending and they will have their first presentation from their staff on this draft A as well. So, I don't know -- I probably won't have an opportunity to provide any input tomorrow, it being their work session, but if there is something you want me to carry forward in draft A or type up a memo or letter or whatever, I'm certainly willing to do that. And I will be back before the board to see draft B come out and before it goes to adoption anyway, which I think was scheduled for the end of February. So, I will be back with the next rendition of the five year work plan and I will draft up maybe a draft letter for that meeting for you all to look at before we sign it and send it over to ACRD. But I want to just pause and see if there is anything -- I know I went through that pretty quick, but any messages to take forward, either verbally or written, at this point? de Weerd: Council, any comments? Bird: I have none, Mayor. de Weerd: I'm sorry. Council, any comments? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I just would remember to be appreciative of the things they have always done. Of course, we always have a list of more things we need, but they have been accomplishing some things for us and we appreciate that. de Weerd: Yes. Meridian City Council January 18, 2011 Page 49 of 57 Hood: And, again, Madam Mayor and Councilman Zaremba, that's a great point. And that map -- the tool that I mentioned -- if you look at that map most of the color these days is in the Meridian side of the world. So, you know, that's kudos for them for -- for having a majority of the projects in Meridian, so -- de Weerd: Don't say that too loud. Hood: Yeah. Anything else? I'm going to move on to the cost share agreement, which is the last thing in the memo. I do have one handout I'm going to give out real quick. If you will just hold that -- that handout for just a second, I'll get to it here in just a minute, but I do want to talk to you about cost share agreements with ACHD and, again, we talked about these before, but the city has communicated our preferred cross-section for arterial streets to include detached sidewalks. What we haven't been totally clear on yet is what will happen in those planter areas that aren't yet annexed into the city. know in that Ten Mile gap project that abuts the southern boundary of the ITD project on Ten Mile to the realigned Overland, we asked them to use some of their recycled asphalt or something in those planter medians until such time as properties develop in the city and we can get them to put in -- green it up with trees and other landscape materials. I have been working with Parks staff and Public Work staff to come up with a proposal for you all to consider for these cost share projects moving forward. We'd still bring them back to you individually as they come on line, but just wanted to get some direction on -- if there is a typical interim treatment that we can all buy in on, versus asking you each and every time, hey, is this -- is this the right approach. And we can still come back individually for these if we don't come to some consensus tonight, but -- but we do have a proposal -- we are going to share with you -- I do want to give you the ACHD side of the coin here real quick and I -- ACHD is -- it looks like willing to design and construct arterials within Meridian in our area of city impact with detached sidewalks if the city installs some interim, nondirt, treatment within the planter areas and maintains that area or has a third party maintain that area until such time as those properties come into the city. So, again, we are talking about properties that aren't in the city, because typically when they are annexed we require them to put in a detached sidewalk and green it up. The four roadway projects we are talking about tonight -- and this isn't to approve these cost share agreements tonight, I just want to make that clear, but there are some draft cost share agreements that are -- have been composed that are kind of the starting point for these, the four work roadway projects are listed on the screen. I want to just put them on a map for you real quick and give you a little bit of the status of them. So, Ustick, Duane to Campton, actually, has come out of the Cloverdale-Ustick intersection project, that design team that was working on that said, well, why don't we just fill in this gap on Ustick Road and, then, you can be done with the whole thing between between Eagle and Cloverdale. In fact, Eagle to Five Mile would be all the way five lanes. So -- so, that's kind of what's being proposed. That is part of draft A, so it's not a done deal yet, but including this section, a little over half or two-thirds of a mile to improve the -- widen the roadway, is the first section and, again, that's in 2014 -- set for construction 2014 right now. Ustick, Locust Grove to Leslie is set for construction in 2015. So, Leslie is on the back side of Kohl's there off of Eagle Road and, then, back to the Locust Grove intersection and the third project is the Locust Meridian City Council January 18, 2011 Page 50 of 57 Grove - Ustick intersection -- so, I have kind of highlighted these projects. So, there is three of them on that top map and, then, the bottom map is the one I think you're familiar with and that's Franklin, Ten Mile to Linder, and that's set for construction in 2012. So, cost share agreements. ACHD would like to have these cost share agreements signed before they undertake design work on these projects, so they can know what parameters they are working with and if -- if they are going to have extra wide sidewalks or detach the sidewalks or center medians or whatever kind of those -- what they call amenities, would be part of a project or not. So, this is early on in the process, that you will be asked to say what is the -- our vision for this project, although you probably won't see it come to fruition for three, four, five, six years down the line. So, again, before we want you -- before -- before you sign these, the various departments want to run some options for the interim treatment. I did want to, you know, say it's been a -- didn't get to work on Kleiner Park, but it's been my pleasure to work with our internal staff on some of this stuff, putting this stuff together in this proposal tonight. The options for the interim treatment that we have come up with include weed barrier in all of them. That's going to help keep the weeds down. So, all of our options include weed barrier and, then, about three inches of either decorative landscape rock, gravel, or roto -mill. Now, at the time I did the memo we weren't quite sure what -- how much difference cost it would be for those three types. It turns out most of your cost is in transport. So, those three options that we have listed here are all about the same cost. If you have to move it from place A to place B you're paying people 20 bucks a yard, roughly, to pick it up and move it. Regardless of what the material is, for the most part. Now, if you get a really nice landscape rock you're going to pay more, but -- so, our proposal is for these interim treatment is if there is grinding -- so asphalt grindings -- and let me show you kind of what that -- what that looks like. It's hard to show what this roto -mill or recycled asphalt kind of looks like in projects, but have some pictures that I would show to you and where ACHD has that on site, their contractor usually ships that off and it's, you know, stored somewhere else, but they don't use it for that project and, then, there comes a need for it in time. But if it's on site we would prefer them use that right there, stockpile it there until it's ready to go in. And, then, option B, to use that roto -mill would be if the city installs it. We would -- we would pay for the installation of that roto -mill. Option two would be to use gravel or other rock in a planter area. So, again, this would be -- we go to Busy Bee or where ever and get -- get some rock and we hire somebody to put that in there. Option three would be to do nothing. Don't sign a cost share agreement and ACHD will just put in seven foot wide attached sidewalks. So, that's certainly an option I wanted to put out there as kind of that do nothing option. Now, here is what that recycled asphalt or the roto -mill would look like. I -- we weren't able to find any real good pictures of this application in the landscape planter, but just to show you what the material kind of looks like in a compacted sense and, then, kind of in a raw material, too, kind of what it looks like, so it wouldn't look finished and it certainly wouldn't -- I'm not going to sell it like it will be our planters with trees every 35 feet and green grass, but it should hold us over and if you will see that handout that I gave you, the maintenance costs aren't that great, too, for any of these projects or if you look at it on a lineal feet basis it's -- it's pennies. So, it would really just be two applications of spraying it for weeds until such time as those properties annex into the city. Now, the idea is we will have right now at least four Meridian City Council January 18, 2011 Page 51 of 57 projects and the property will annex along those -- and we will get some of those projects that will come off line and those private property owners then maintain the area, we will have new projects coming on. So, we will do a new cost share. So, it's kind of this moving target where we -- either parks staff or we contract out to spray weeds. We kind of rotate around where needed in the county, so we have these detached sidewalks. But this really gets us our detached sidewalks. So, I do want to focus on, again, Ted Kerns and Jay Gibbons helped put this together -- or they put it together. I didn't have anything to do with it. It's the handout that I just gave you. I did some cost estimates on what it looks like for the four various projects that we are specifically talking about tonight, what the total cost would be if we -- if the city is on the hook for installing gravel, essentially -- I mean that's what -- that's what this cost estimate is is gravel for the four projects and, then, maintenance on a pretty early basis. So, just wanted to -- again, in that memo I told you we would have that, so there is the additional information on costs for what it would cost the city or what we would reimburse ACHD for their contractor installing if the Council agrees this is a good way to go. I think that's -- I think that's about all of my presentation. Tonight Craig Herndon -- I didn't point out -- Craig Herndon is the project manager at ACHD for two of the projects, the Franklin, Ten Mile - Linder, and the Ustick, Duane to Compton, or whatever that road is. So, if there is any questions on those two projects or the cost share agreements, he can certainly help out. Again, there is an ACHD work session tomorrow. I wrote a letter to ACHD saying I plan on going there and if the Council had some input or direction, I can share that with ACHD's commission, so they kind of know where we are coming from on these agreements for these draft cost share and license agreements. So, if you have any preferences on these, I will take notes and relay them if that is your wish. de Weerd: Council, any questions or comments? Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: Question, Caleb, about the median landscaping when it's part of the city falls on the shoulders of the Parks Department. This is -- or not, depending on -- some do and some don't, I guess. Now, on this for the installation, is this coming out of park's budget, Public Works? Whose budget does this come from? Hood: Good question, Madam Mayor, Councilman Hoaglun. We were talking about that internally as staff, too. The way it's worked in the past or at least on the first one or two of these that we have done it's been a Parks thing that Parks has budgeted for. It makes more sense, because Tim and I work at this level one with the highway district for public -- especially if we get some typical -- that we say it's going to be gravel or some interim treatment and we know what that is every single time, we don't need Parks to be involved in that. We have got a lineal feet, we know what -- we can work that out. So, it looks like moving forward -- so, FY -12 will be a Public Works request budget item. So, you will see one of these a year -- one to two a year if ACHD stays on their plan, versus Parks. Right. The maintenance part would still be Parks. Meridian City Council January 18, 2011 Page 52 of 57 Hoaglun: Okay. Maintenance would still be Parks. de Weerd: I imagine it comes out of the general fund. Hood: Steve said yes. That's -- Hoaglun: Okay. Thank you, Madam Mayor and Caleb. I just wanted to be sure I knew where that money was coming from and that may transition down the road when it gets turned over the park once the annexation takes place and different things like that, so -- Hood: Just to clarify, Madam Mayor and Councilman, the maintenance would be private property owners. So, we are only maintaining this until such time as they come to the city and we can say, then, you do it now. So, this is really an interim situation. Hoaglun: So, I guess -- and you're right, Madam Mayor and Caleb, and what I was thinking -- I have also mentally pictured a media as well, if there is some area like we are talking about Franklin, would this also be a treatment if we agree to this that it's not annexed we would still do something like this until that time it gets annexed and I think those medians would be something that parks would, then, handle. Hood: Yes. Yeah. We only have I think on our -- in our Comp Plan I think there is only one, maybe two more roadway sections throughout the city in our area of impact that we have even contemplated medians. These are really -- and those we would take -- take before you and say what do you want to do on these, because those are a special case. This is more for all the projects, roadway widening -- there is going to be some parcel, if not multiple parcels that are still in the county that we want to -- we don't want that to be a deterrent to having detached sidewalks, because as we require subdivisions -- it would be detached, attached, detached, attached and we just want to kind of keep that plain for sidewalks. So, this is our way to work with the highway district on designing the roadway section without improving it all the way, but not making it look unfinished. So, that's their concerns, they don't want to just leave it dirt, so they want something down. And that's the question for you all is what's that something, what are you comfortable with at something being in that six to eight foot planter area between the sidewalk and curb. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Yeah, some of us or maybe all of us know -- ACHD donated some of this roto -mill asphalt to the golf course, which was installed at -- or not finished I guess, but they are installing it as the golf cart paths. We talked previously about when we were talking about Ten Mile Road, whether this was a good material and it appears to me that it packs in nicely, it doesn't blow around, which was something that we raised earlier -- Meridian City Council January 18, 2011 Page 53 of 57 its a material that if it's installed in order to get a detached sidewalk in a nonincorporated area when it is eventually incorporated and there is a requirement to change it to landscaping, it looks like it could be removed fairly easily and easily used somewhere else. So, I would support the roto -mill asphalt and just say that's what the standard is. de Weerd: Any other comments from Council? Bird: I have none, Mayor. Hoaglun: I guess, Madam Mayor, I could support its use -- it's not going to be the prettiest stuff in the world, because you're going from sidewalk to roto -mill to pavement, but, you know, maybe that will encourage people to hurry up and get annexed in the city, so we can get grass in there, but I don't have a problem with that. That solves the problem for ACHD I think with roto -mill, what to do with it, solves the problem for us, as Councilman Zaremba pointed out, it packs in well, it's not going to blow around, I think there is some water -- water can be absorbed through it, so you're not having total runoff, so it solves a problem on many levels. If there is an area and there is something where, you know, from a decorative standpoint it would -- you know, I'm not opposed at some point to say, oh, this area needs rock, but, again, they are not annexed by the city, you know, just in case, I'm not going to be hard and fast this has to be used absolutely everywhere all the time, but, you know, we could consider special cases, so -- but this will work. Hood: And, Madam Mayor, Members of the Council, just to be clear, I -- option one is when ACHD's contractor's out there and they are tearing up the roadway anyways and we can reuse that on site right there, that's cheap for everybody. Their contractor doesn't have to haul it off, we don't have to haul it in. When that's not the case option two is probably going to be a better option, because the gravel, although it's not beautiful, it probably will look a little bit better than the roto -mill and if they are the same cost we will haul in the gravel, then, if that's what we need to do, because it will probably look a little bit nicer than the roto -mill. Not that it's ugly, but if we have to haul something in, let's haul something in for the same price that's a little bit nicer, at least in most people's minds they may find the gravel nicer. I guess that's a question, not a statement for you all, do you want to use the roto -mill even if it's not available on site, should we go to the golf course if they have got extra and use it on all projects or do -- mean as a starting point. Because we will come to you will all these cost share agreements and say here is our options, we can -- they are not using roto -mill on site, it's not an option, so can we -- should we gravel it or do you want to -- Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I think my instinct would be to say to use the same material everywhere if we can and kind of two reasons for that and, theoretically, these are going to be small areas, but if we have a bunch of them around town, I think it would be better to have it Meridian City Council January 18, 2011 Page 54 of 57 be the same material. The other issue is if we upgrade it to something that looks prettier, when it is annexed the property owner's likely to say, hey, it already looks good, don't need to landscape it. So, I -- my instinct would be to -- if roto -mill is fine, do it everywhere. You know. And you could bring an exception to us if something really stands out that needs to be different, but I'd just make it the standard, even if we have to buy it. Hood: Okay. de Weerd: Personally I'm not a rock fan anyway and it gets messy, you're constantly replacing it, and picking it up off the road and putting it back in. So, I agree with Mr. Zaremba. Bird: I second that. de Weerd: It's the same thing, it can be black and ugly and -- but it's going to stay there and it's probably easier to maintain and so -- Hoaglun: I took you as a rock fan, Madam Mayor. I didn't know you were jazz, blues, what -- you know. de Weerd: Jazz works for me. Hood: Thank you all. Zaremba: Madam Mayor? And I think that -- part of that answer implies yes to cost sharing. Hood: Yeah. No, that's how I took it. We didn't study -- I called out the chart a little bit, but there is the information on -- you can look at the project -- I thought I was done, but I'm going to -- I'm going to take two more minutes real quick. The Franklin, Ten Mile to Linder -- if that's okay, Madam Mayor. de Weerd: I'm timing you. Hood: Okay. It won't even be that. The Franklin Ten Mile to Linder project, if you look at the square footage, really, what you're talking about for that project is two sides of a mile long segment. Most of that mile isn't annexed into the city. Now, there are some, you know, SSC and some properties that are, but a majority of that mile long segment is not in the city. So, 15 559 is the cost estimate to put that in for a mile on both sides of the roadway. Jump down to the Ustick Leslie to Locust Grove project, half of that is already annexed into the city. So, you can see the green, that's city limits. The south half of that is not annexed into the city. So, basically, where this is going in is the south side of the roadway. So, there is half -- there is probably half as much in that project as this one. As one of the Council pointed out, you know, we will have -- some of these projects have smaller amounts that are not in the city, like the Ustick Campton to Meridian City Council January 18, 2011 Page 55 of 57 Duane, there is only five properties that aren't in the city right there. Well, the costs are pretty inexpensive. I think most of them are going to be in that neighborhood versus the 15 559 is about as high as you're ever going to see for a project, because you're looking at both sides of a one mile roadway project. So, just -- just to point that out. It's -- it's not chump change, but it's not hundreds of thousands of dollars either, so -- I think that was under two minutes. Thanks again. de Weerd: Thank you. And thank you for the team that was -- that put this all together and looked at it and -- we appreciate that. ACRD. Greatly appreciate it. D. Budget Amendment for the Conversion of Operational Funds to Personnel Funds for the Historic Preservation Commission for a Not -to -Exceed Amount of $1,000.00 de Weerd: Okay. Next item, 9-D, our Legal Department. Nary: Madam Mayor, Members of the Council, what's in front of you is a budget amendment for this historic preservation commission. I think we may have talked about this previously, but, basically, what you're asked to do is they have -- previously had budgeted money in their operations that they helped fund an intern position with the historical society, they did that in 2010. In discussing this with finance and my department, it was a concern that continuing to contract for these types of positions can be problematic when we are dealing with students who probably don't contract with other people. So, the concern was is the IRS may have a concern about whether these are truly contracted employees and whether they really have the ability to contract. So, the recommendation for finance was simple to transfer the thousand dollars that was an operational line item to a personnel line item that could still have an intern position that would work through the historical society and the historic preservation commission could still have oversight of that, but it would simply be handled as a personnel action -- or personnel matter, instead of an operational one. So, there is no impact to the budget, it's merely a transfer across from one line to another, but that's what's in front of you. de Weerd: Thank you, Bill. Or Mr. Nary. Any questions? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve the budget amendment for the historical preservation commission for the sum of 1,111 dollars. Hoaglun: Second. de Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call, please. Meridian City Council January 18, 2011 Page 56 of 57 Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Ordinances A. Ordinance No. : An Ordinance (AZ 09-003 Macha Retail Plaza) For Annexation of a Portion of the Northeast 1/4 of the Northeast 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from R2 to C -C (Community Business District) in the Meridian City Code and Providing for an Effective Date De Weerd: Okay. we are at Item 10-A. Madam Clerk, will you, please, read ordinance 11-1471 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1471, an ordinance AZ 09-003, Macha Retail Plaza, for annexation of a portion of the northeast one quarter of the northeast one quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-2 to C -C, Community Business District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. de Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who like to hear it read in its entirety? Council? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we pass Ordinance No. 11-1471 with suspension of rules. Zaremba: Second. Meridian City Council January 18, 2011 Page 57 of 57 de Weerd: I have a motion and a second to approve this item. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: I need -- Bird: Madam Mayor? de Weerd: Yes, Mr. Bird. Bird: I move we adjourn. Hoaglun: Second. de Weerd: All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: We are adjourned. MEETING ADJOURNED AT 10:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TA Y De WEERD ,,,,����<<<,,DATE APPROVED ®f MER/,&q'',. o BATT��,T ��J EI~ HOLMAN, CITY CLERK -�p9GCUsr 1s, �o So Item #8A: Hacienda Subdivision (MFP-10-005) Application(s): RECEIVED JAN 18 zon ➢ Final Plat Modification CIITyY OF GiTE � v Size of property, existing zoning, and location: This site consists of 19 acres, zoned R-8 and is located approxim%'9,Fmile south of Chinden Boulevard on the east side of N. Meridian Road. Summary of Request: This is the third final plat modification requested for approval by City Council. Previous modifications dealt with changing the fencing materials and the timing for the construction of the fencing. The applicant wishes to eliminate a portion of the eastern boundary fencing (565 feet) and the interior fencing adjacent to the subdivision's common lots. The fencing the applicant is requesting to eliminate is not a requirement for development; only a condition of the final plat. Staff is supportive of the modification request based on the following reasons: • an existing masonry wall is constructed along a portion of the eastern perimeter which would eliminate double fencing that would occur if the fencing was constructed as required; • several narrow open space lots were platted as common lots that provide no pedestrian connections to adjacent properties thus, creating a tunnel effect which does not complement the design of townhome portion of the development; • a reduction to the fencing surety currently being held by the City; • future fencing is subject to Planning Department review and approval prior to issuance of a building permit and; • fencing along the perimeter of the subdivision is being reviewed with building permit and CZC submittals. Staff is recommending a new condition of approval as follows: 1) All fencing adjacent to the common areas will be subject to the fencing standards in accord with UDC 11-3A-7. Written Testimony: Cameron Jayo, Applicant (in agreement w/staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval to modify the fencing plan. Notes: Item #8B: Jericho (TE -10-034) Application(s): ➢ Preliminary Plat time extension Size of property, existing zoning, and location: This site consists of 9.52 acres, zoned R-4 & R-15, and is located at 6055 and 6185 N. Jericho Road. Summary of Request: The applicant requests approval of a second time extension on the preliminary plat for Jericho Subdivision in order to obtain the City Engineer's signature on the final plat. The first approval was granted by Council on appeal which overturned the Director's denial of the time extension because the development did not comply with the ten (10) percent open space requirement of the Unified Development Code (UDC). The City Council approved the plat with six (6) percent open space. The preliminary plat consists of 68 residential building lots includes a mix of single family and townhome lots, 10 common lots, and 2 private streets on 9.52 acres in the R-4 and R-15 zoning districts. As a condition of approval of the previous time extension, the applicant was required to submit a revised landscape plan to the Planning Department to include two (2) amenities. To this date, a revised landscape plan has not been submitted. In addition, several trees that were to remain protected and incorporated into the project have died and/or were removed from the property. A site visit with the City Arborist revealed removal of several mature trees and several dead trees which total a loss of approximately 113 caliper inches. Since tree mitigation was a topic of discussion at the previous meetings and details were to be coordinated with the City Arborist, Staff is of the opinion that the loss of the trees should be mitigated. In addition, the Meridian Design Manual was not in effect at the time of the previous approvals. The proposed townhomes require design review approval and are subject to the structure and site design standards in accord with the Unified Development Code and the design guidelines as set forth in City of Meridian Design Manual. Further, the conditions of the plat require compliance with the submitted elevations attached in Exhibit A.4. Due to the amount of changes since the previous time extension, Staff is recommending the following new conditions of approval: 1) Future construction of the Townhomes shall be subject to CZC and Design Review approval per the standards set forth in the UDC and the City of Meridian Design Manual. Further future residential structures shall be consistent with the attached elevations (see exhibit AA). 2) The applicant shall submit a revised landscape plan to include the addition of two (2) amenities consistent with the qualifying site amenities as set forth in UDC 11 -3G -3C prior to City Engineer's signature on a final plat. 3) The applicant shall coordinate with the City Arborists to mitigate for the loss of the113 caliper inches of existing trees that were to remain on the site with the approval of the final plat. The new mitigation plan shall be documented on the revised landscape plan submitted to the Planning Department prior to the City Engineer's signature on the final plat. Written Testimony: Becky McKay, Applicant (in agreement w/staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval of a two-year time extension Notes: Item #8C: Borup Property (AZ -10-003) Application(s): ➢ Annexation & Zoning of 0.22 of an acre of land from RUT (Ada County) to C -G Size of property, existing zoning, and location: This site consists of 0.22 of an acre, is currently zoned RUT in Ada County, and is part of the property located at 2250 N. Meridian Road. Summary of Request: This property was developed with the adjoining property to the north & is held in common ownership. A portion of the parking lot for the adjoining business is contained on this property. When a CUP for a pre-school/daycare center was recently approved on the property to the north which also included this property, it came to staffs attention that this small sliver of land had not been annexed with the abutting parcel in 1982. When the Commission approved the CUP, a condition of approval was that the applicant obtains annexation and zoning approval from City Council within one year of the date of CUP approval. Due to its small size, irregular shape and being developed as part of the property to the north, staff is not recommending that a development agreement be required as a provision of annexation. Approval of the proposed annexation will clean-up the zoning on this property where a use has already been approved in the City and allow the applicant to comply with a previous condition of approval. Commission Recommendation: Approval at the December 16, 2010 Public Hearing Summary of Commission Public Hearing: i. In favor: Keith Borup ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issue(s) for City Council: i. None Notes: Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 4, 2011 City Council Special 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: January 18, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve the Bid Amount of $520,236.00 for the Ten Mile Road - Cherry Lane to Ustick Road Reclaimed Water Pipeline Installation with Schmidt Construction and Authorize the Mayor to Sign the Agreement MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q I/ I _— _--- i -}-a "�cl -�vr Si 9v► cdt, �— �tZ `1 bq C ENDIANI-6,-o, P11�i11C I D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: January 12, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVE THE BID AMOUNT OF $520,236.00 FOR THE TEN MILE RD — CHERRY LANE TO USTICK ROAD RECLAIMED WATER PIPELINE INSTALLATION WITH SCHMIDT CONSTRUCTION AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. I. RECOMMENDED ACTION A. The Public Works Department recommends the City Council move to: 1. Approve the bid amount of $520,236.00 for the Ten Mile Rd — Cherry Lane to Ustick Road reclaimed water pipeline improvements with Schmidt Construction. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II (Project Manager) Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works Page I of 3 489-0364 489-0341 489-0350 489-0372 TEN MILL RLQ — CTIE'RRY LAIN;; TO USTICK ROAD (WWTP) IgF:I.1SE PIP IdNh INS'i'ALi,ATION PROJECT III. DESCRIPTION B. Proposed Project This project entails constructing a 16" reclaimed water pipeline in Ten Mile Road from Cherry Lane to Ustick Road (WWTP) along with 4 domestic water services to existing properties. C. Background Development of the Heroes Park Class "A" reclaimed water facility and the acquisition of the Citywide Permit has laid much of the conceptual groundwork for building a reclaimed water program in the City of Meridian. In conjunction with the Reclaimed Water Master Plan, the Reclaimed Water Booster Station and Reservoir Project that was recently completed provides a substantial part of the backbone that is necessary to expand the Reclaimed Water Program to the Ten Mile Interchange. This project will construct the final segment of reclaimed water transmission line on Ten Mile Road for the irrigation of the Ten Mile Interchange landscaping. IV. IMPACT A. Strategic Impact: This activity aligns with our department's vision of a water management district to recycle and redistribute Class "A" reclaimed water and 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, ensuring modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: This project completes the main backbone of the reclaimed water line that will serve the Ten Mile Interchange area with Class "A" reclaimed water and City of Meridian developments in the future. C. Fiscal Impact / Project Costs The City received bids for the above project on December 30° 2010 @ 2:30 PM. The low bidder was Schmidt Construction with a bid amount of $520,236.00 for the reuse and water improvements in Ten Mile Road. Page 2 of 3 TEN MILE RD — CHERRY LANE TO USTICK ROAD (WWTP) REUSE PIPELINE INSTALLATION PROJECT D. Project Cost BidAmount...........................................................................................$520,236.00 TotalCost..............................................................................................$520,236.00 E. Project Funding Reclaimed Water Service Lines Budget (3590-96173) ........................$700,000.00 Funding.................................................................................................$700,000.00 V. ALTERNATIVES A. The City could defer this reclaimed water project until a later date, but we would then not meet our goal of providing reclaimed water for the new Ten Mile Interchange landscaping. VI. LIST OF ATTACHMENTS 1. Agreement for Construction — Signed by Schmidt Construction 2. Purchase Order Requisition 3. Engineering Construction Cost Estimate from Consultant 4. Bid Tabulation Spreadsheet Approved for Council Agenda. Date Page 3 of 3 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES TEN MILE ROAD CLASS A REUSE MAIN — CHERRY TO USTICK (CONSTRUCTION) PROJECT # 06428 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made thisR� day of January , 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and SCHMIDT CONSTRUCTION, hereinafter referred to as "CONTRACTOR", whose business address is 15883 Robber PI. Caldwell, ID 83607 and whose Public Works Contractor License # is C -16406 -AAA -1. INTRODUCTION Whereas, the City has a need for services involving the construction of TEN MILE ROAD CLASS A REUSE MAIN CHERRY TO USTICK; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and fumish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any ,•� Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 1 of 12 Project 0642b ?0"11% such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty - free, non-exclusive, and Irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties, 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment 8 "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $520,236.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 2 of 12 Project 0642b this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fall to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy or insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 120 calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of one thousand dollars ($1,000.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 3 of 12 Project 0642b falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct In the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR, nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY In the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as Independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, Ten Mite Class A Reuse Main — Cherry to Ustick Construction page 4 of 12 Project 0642b shall not be subjected to City's control with respect to the physical action or activities of Contractor In fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall Indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs Including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, In the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, Including litigation costs and attorneys' fees, arising out of, resulting from , or In connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of Insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the Insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 5 of 12 Project 0642b /-'t /0-1%. named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related Investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's Insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's iiabifity. 6.5 All Insurance coverages for subcontractors shall be subject to all of the Insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or ,—� subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 SgLnidt Construction Co. Inc. Attn: William Schmidt 15883 Mber PI Caldwell. ID 83607 208-459-2461 Peke @ schmidtconstruction.bix Idaho Public Works License #• C -16406 -AAA -1. Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 6 of 12 Project 0642b rt Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the parry so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12, Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such tines and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled In connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 7 of 12 Project 0642b examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, Including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same s-� formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement Is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 8 of 12 Project 0642b 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: 1i> 'l'LC' C/— TAMMYEERD, MAYOR Dated: I- IR- ZO I I Approved by Council: 0 �I G Attest: SEAL Arto� 4c�t HOLMAN CITY CLLR Pip AUNTY Approved as to Content / 111111111w, BY: 11-4 KElfWA7118, NJACKASING AGENT Dated: /- 2 I - )/ Approved as to Form SCHMIDT CONSTRUCTION BY: W ' m Sc midt Dated: NAME: !,J A U-9-4 S UJ OLP- - TITLE: r. N&--► Nad DJc- Ku"Ar t'e Dated: CITY ATTORNEY Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 9 of 12 �..� Project 0642b Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -11-0642b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS Included in the Invitation to Bid Package # PW -11-0642b, are by this reference made a part hereof. Ten Mile Class A Reuse Main — Cherry to Usfick Construction page 10 o112 Project 0642b Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $520,236.00. � 11710"EMIN �n�FR3Li L:X.iC� '0 XCs ,t Furnish all labor, materials, equipment, and incidentals as required for the TEN MILE ROAD CLASS A REUSE MAIN - CHERRY TO USTICK (CONSTRUCTION), per the attached drawings and specifications "Exhibit A' Item No. Item Description Estimate Un Unit Price Bid Item d it Bid Total 307.4.1.G.1. TYPE P SURFACE RESTORATION 5,194 SY $ 19.55 $101,542.70 308.4.1.A.i. PIPE BORING AND JACKING 216 LF $ 338.00 $ 73,008.00 401A.1.A.1. 8" PVC, AWWA 0900, DR18 WATER MAIN 141 LF $ 24.00 $ 3,384.00 402.4.1.A.1. 8' GATE VALVE 2 EA $ 1,125.00 $ 2,250.00 404.4.1.A.1. 1"0 STANDARD WATER SERVICE 4 EA $ 805.00 $ 3.220.00 CONNECTION 505.4.1.6.1. 16" PVC, AWWA C905, DR25 REUSE 7,067 LF $ 30.00 $212,010.00 MAIN 706.4.1.03.1. CONCRETE REPAIR 49 SY $ 34.00 $ 1,666.00 2010.4.1.A.1. MOBILIZATION 1 LS $38,680.60 $ 38,680.60 SP -1 16" REUSE GATE VALVE 7 EA $ 5,636.00 $ 39,452.00 SP -2 30" PVC, AWWA C905, DR25 REUSE 20 LF $ 149.00 $ 2,980.00 SLEEVE SP -3 5' ASPHALT SIDEWALK PER DETAIL 786 LF $ 11.45 $ 8,999.70 SHEET 12 SP -4 LAWN SOD RESTORATION 239 SF $ 4.00 $ 956.00 SP -5 PROPERTY RESTORATION 3 EA $ 1,500.00 $ 4,500.00 Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 11 of 12 Project 0642b SP -6 2" BLOW -OFF ASSEMBLY PER SD -W19 2 EA $ 1,386.00 $ 2,772.00 SP -7 HOT TAP EXISTING WATER MAIN 2 EA $ 1,330.00 $ 2,660.00 SP -8 16" PVC, AW WA 0905, DR25 REUSE MAIN (INSTALLATION ONLY) 60 LF $ 13.00 $ 780.00 SP -9 12" REUSE GATE VALVE (INSTALLATION ONLY) 1 EA $ 450.00 $ 450.00 SP -10 AUTOMATIC AIR RELEASE VALVE 5 EA $ 1,320.00 $ 61600.00 SP -11 1" METERING STATION PER SD -SP1 1 EA $ 1,325.00 $ 1,325.00 SP -12 WEEKEND WORK 1 LS $ 1,000.00 $ 11000.00 SP -13 TRAFFIC CONTROL 1 LS $ 81500.00 $ 9,500.00 SP -14 WATER POLLUTION CONTROL 1 LS $ 3,500.00 $ 3,500.00 TOTAL CONTRACT AMOUNT: $520.236.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy, Ten Mile Class A Reuse Main — Cherry to Ustick Construction page 12 of 12 Project 0642b $UGGESTED VENDOP Schmidt Construction 15883 Robber Place Caldwell, ID 83607 United States CITY OF MERIDIAN Purchasing Department 33 EAST MAHOAVENLIE MER101AN, ID 83642 TEL PW, 80 4433 rAk 2W, M' , �481 a PROJECT NAME: TEN MILE RD — CHERRY TO USTICK REUSE PIPELINE INSTALLATION PR9jjECT 1 'Purct. TH= PURCH;.,SE, M City of Meridian Plans Ten Mile Road Class A Rouse Main Construction Cost Estimate Item No. Item Description Estimated QuantItY Unit Unit Price Item Total 307.4.1.G.I. TYPE P SURFACE RESTORATION 5,194 Sy $30.00 30�4.1�A-f PIPE BORING AND JACKING —MAIN __' - - - -2 16 L F $400-00 $86,400.00 81, PVC, AWWA ------- - . . .......... .. . C900, DR18 WATER -:: 141 L LF . $3,948.00 402.4. e—GATE VkLvE'** ....................... . ... . . .... .. ........ '§E_R_VICtCON 2 EA . ........ . $1,000.00 $2,000.00 .............. .... . .. ........... __ t Jbiq 4 EA $1,200.00 $4,666.66 505A.1.13A, . ......... 16" PVC, AWWA G905, OP25 REUSE MAIN 7,067 TF $30.00 212,010.00 b O—NC—RETEREPAIR* . . . ................... . .. - - - --------- - 49 $70.00 $3,430,00 2010.4.1.AA. W_0f3ILfZ4TjON ------- LS $30,OOU.00 $30,000.00 SP -1 16' REUSE (jAT_EV,�_EVff_ 7 _t9.,0_0_0,._00_ $35,000.00 -2 SLEEVE 20 LF �i�0&60 - — ---- §P-3 5' ASPHALT SIDEWALK PER DETAIL SHEET 12 786 LF $16-00 ,600.00 $12,576,00 9—P-4— LAWN SOD RESTORATION— 239 SF . . .. . ............... $4.00 ..... ....... -.- $956.00 SP -5 PROPERTY RESTORATION . . . . . ................................. —BLOW 3 EA $1,600.00'_'_-----'_j_----' $4,500.00SP-6 . . . -OFF ASSEMf3Ly PER §6�W`W EA $1 300.04 � -------- $2,600.00 SP - WATER .2 EA -6-W tiA $3,600.00 SP -8..........-16" AWWA 0905, DR25 REUSE M kw(INSTALLATION ONLn__ 60 LF $18.00 $1,080.00 SP -9- 12- REUSE GATE VALVE (INSTALLATION ONLY ) _ 1 $1,100.00 _$1,100-00 - AUTOMATIC AIR RELEA§if_VALVE ---------- * ... . ............. . ...... - ikitfERING _STATfON EA __V2,d0_d.bd_ .___. $10,000.00 SP -11 PER Sb-_Eol FA fl,206.-W ' _'tl 200.00 WEEKEND WORK 1 LS $5,000.00. SP -13 TRAFFIC CONTROL _65NTi�6L LS '000�00 $5,000.00 $5,000.00 WATER POLLUTION LS 1 $4.000.00 . . . .................................... $4,000.00 Total $587,620.00, Final -Estimate CS.xIs 1112J2011 Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 5C PROJECT NUMBER -- ITEM TITLE: Memorandum of Agreement for Rental of Rocky Mountain High School Auditorium for Meridian Arts Commission and Meridian Parks and Recreation Commission Presentation of Missoula Children's Theater Production of "Snow White" on March 19, 2011, for a Not -to -Exceed Amount of $850.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 �� I C©pq rn a O ed {-o on Ce►-4ym. AYA vc - Or. q p n a� MEMORANDUM OF AGREEMENT FOR RENTAL OF ROCKY MOUNTAIN HIGH SCHOOL AUDITORIUM This MEMORANDUM OF AGREEMENT ("MOA") is made this ay of January, 2011, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joint School District No. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, the parties hereto fmd it to be in the best interest of their respective constituents to rent Rocky Mountain High School auditorium, located at 5450 N. Linder Road, Meridian, Idaho, to City for the dress rehearsal and performance of the Missoula Children's Theatre performing arts project "Snow White," on March 18 and 19, 2011, a youth program of the Meridian Parks and Recreation ("MPR") and Meridian Arts Commission ("MAC"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows. A. Rental Usage Agreement. All terms and provisions of the Rental Usage Agreement, concurrently executed by the parties and attached hereto as Exhibit, are incorporated herein by reference as though set forth fully herein. B. Hold Harmless and Indemnity Agreement. All terms and provisions of the Hold Harmless and Indemnity Agreement, executed by the parties on August 22, 2007 and attached hereto as Exhibit B, are incorporated herein by reference as though set forth fully herein. C. Payment. Upon execution of this agreement, City shall remit to District a pre -payment in the amount of five el�l, hundred dollars ($500.00) to reserve City's use of the Rocky Mountain High School auditorium as set forth in the Rental Usage Agreement. Within thirty (30) days following the performance on March 19, 2011, District shall remit to City an invoice for the remaining balance due for fees and/or damages actually incurred. The following fees shall apply: 1. Lights and sound operation: One (1) school employee to operate the lighting and sound equipment at dress rehearsal on March 18, 2011 and at the performance on March 19, 2011, at the rate of twenty-five dollars ($25.00) per hour, so long as City provides an adult volunteer to assist such school employee at both times. If City does not provide an adult volunteer, two (2) school employees will be required to operate the lighting and sound equipment, at the rate of twenty-two dollars ($22.00) per person per hour. 2. Weekend custodial services: One (1) custodian to be on site during City's occupation of the RMHS auditorium on March 19, 2011 only, at the rate of twenty-five dollars ($25.00) per hour. It is understood that as custodial services are provided on weeknights, no additional charge shall apply for custodial services rendered on March 18, 2011. IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN JOINT SCHOOL DISTRICT NO. 2: _Z�6X 01F Troy Rice CITY OF MERIDIAN: t: Tammy de a rd, Mayor '9� A aCity Clerk MOA WITH MERIDIAN JOINT SCHOOL DISTRICT No. 2 F6ivJ rrrIldF-lUs F, S AUDITORIUM PAGE 1 OF 1 EXHIBIT A RENTAL USAGE AGREEMENT RENTAL USAGE AGREEMENT ��ao) Between: And:PXlCjX/1 O� M Joint School District No. 2 l� com SS I�1 1303 E. Central Drive Meridian, Idaho 83642 -mif) 2 (Hereinafter called OWNER) (Hereinafter called RENTER) The District Service Center conference facility is hereby rented to the RENTER according to the following schedule and terms: 1. Area(s)/Room(s) Rented OC y N. &4— a -kA, 2d 2. Date(s) of Rental: between the hours of Land�DO �yyt d 10' QOAM-2=o .W 3. Check areas/equipments/services on page two and specify total fees to be paid in the space below as per Joint School District No. 2 policy 1003.20 (Rental Fees). Total Deposit - refundable$ — 5 Fof SGiAoo g # S c Total of All Rental Fees From Pae wo $ATso 25/hrGAr+cb i�;U >vl s/tq anty -*too 4. Special conditions of the agreement: a. OWNER will provide RENTER with a copy of policy numbers 1003.10 and 1003.20. RENTER b. has read and agrees with all of the conditions of Joint School District No. 2 policies. No equipment than other that specified in Item 4 will be furnished to the RENTER without prior approval of the rental authority/principal. c. If the building being rented is not properly cared for, the rental authority/building principal retains the right to break the contract. d. No food or beverages will be allowed except in designated areas. e. Approved individuals or organizations shall be responsible for the orderly and lawful conduct of all attendees. f. Certain group programs or activities may require the presence of firemen, policemen, special equipment and medical personnel. The scheduling and payment of these services is the responsibility of the renter. g. The District will in no event retain liability for any loss of revenue to Lessee for closure of the building by the Fire Marshal, or any situation out of District control, including an act of God. The Lessee will be liable for any fines imposed upon the District. h. No alcoholic beverage will be permitted in school buildings or on school property at any time. Smoking inside the District Service Center or anywhere on its property will not be permitted at any time, in accordance with District policy and State law. i. Payment by the RENTER will be made prior to using the facility unless other arrangements have been made with the superintendent/rental authority. IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS AGREEMENT, THE DAY AND YEAR AS WRITTEN ABOVE. .� By OWNER By RENTER /tel - �- t1 Gc l� d duper tendent esignee�'— Aut oriz . presentative) Date Agreement Signed `w lol—� EXHIBIT B HOLD HARMLESS &INDEMNITY AGREEMENT FA -0-01 �i NO '4.'.�� Joint,SsChNnyp No. 2 1303 E. Central Drive • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 350-5958 q9 . M01— SUPERINTENDENT Dr. Linda Clark HOLD HARMLESS AND INDEMVITY AGREEMENT (For Use of School District Facilities by a Governmental Entity) THIS HOLD HARMLESS AGREEMENT ("Agreement") is made by and between Joint School District No. 2, an Idaho school district and body corporate and politic of the State Idaho, he'reineftcr the "District", and the City of Meridlan—hereinafter referred to as "'Entity" of RECITALS: A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho Code §6-901, et. seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes District. from time to time as approved by the C. In exchange for the opportunity to use the District's facilities and/or grounds, Entity desires to provide certain written assurances and indemnifications to District for claims and damage arising out of or occurring during or from such use as hereinafter set forth. NOW THEREFORE, for good and valuable consideration, and in consideration of the recitals above, which are incorporated herein, and the mutual representations, covenants, undertakings and agreements hereinafter contained, District and Entity agree as follows: 1 • Indemnification of District. Entity shall defend, indemnify and hold harmless the District, and District's trustees, officers, agents and employees, and the State of Idaho, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury and/or property damage arising out of or relating to the occupancy or use by Entity of any part of the District's facilities and/or grounds occasioned wholly or in part by any act or omission of Entity or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees, or servants. HOLD HARMLESS AGREEMENT AND 1NDgMNrry AGREEMENT— Page 1 of 3 2. Entity to lVlainta- Insurance Com. As a condition precedent to any use of.District facilities and/or grounds, Entity, at its own ex in full for. and effect a comprehensive general liability iinseurancel policy issued and by a compan licensed to engage in the insurance business in the State of Idaho. y a. The insurance policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to Entity's first use of District's facilities andtor'groun&' *and* at least annually thereafter for so long as rxi ihall use -any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of any cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten (10) business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. Nota . Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Dr. Meridian, Idaho 83642 To Entity: City of Meridian HOLD HARMLESS AGREEMENT AND INDEMNITy AGREEMENT—Page 2 of 3 Attn: City Clerk 33 East Idaho Avenue Median, ID 83642 5• Assignment. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. 6. Attorney's Fees. In the event that suit or action is instituted by either pret or enforce this Agreement, the prevailing party shall be entitled o recoverparty a reasonato b el scum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. T. 0 W11 Law, This Agreement shall be governed by and construed in accordance with the laws -of the State of -Idaho. - - —. .._ _ - _ —... --- - -- - . _ 8. Aut ori jX of the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or Modification. No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ENTITY: City of Meridian Its: Date Signed: 8—( —m 7 ATrEST: SEAL By: G. C r, - Its: DISTRICT: JOINT SCHOOL DISTRICT NO.2 By: - -, Its:. Date Signed: `--�Jy`= C :7— HOLD HARMLESS AGREEMENT AND INDEWQW AGREEMENT— Pare 3 of 3 Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 5D PROJECT NUMBER.- ITEM UMBER: ITEM TITLE: Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2011 Event for a City Contribution Amount Not -to -Exceed $6,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not -to -Exceed Amount of $12,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l teal Co -I +0►'1 l�le\Sexy MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN SPEEDWAY REGARDING JOINT PRESENTATION OF JULY 4, 2011 EVENT This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made this f g day of January, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Hwy 16, LCC, dba Meridian Speedway, a limited liability company organized under the laws of the State of Idaho ("Speedway"). WHEREAS, City and Speedway are mutually interested in enhancing recreational, entertainment, and special event opportunities within the Meridian community, particularly as it relates to the community's celebration of Independence Day; WHEREAS, Storey Park, a public park held by the City of Meridian located on the northeast corner of Main Street and Franklin Road in Meridian, Idaho, and the Meridian Speedway, a private facility located at 335 S. Main Street in Meridian, Idaho, are adjacent properties, thereby producing an opportunity for citizens to enjoy diverse recreational opportunities in one general location; WHEREAS, City and Speedway recognize that through their cooperation, the parties' adjacent facilities and respective efforts can be used together to provide a larger, longer, and more advantageous event than either facility or party can provide separately; WHEREAS, the parties intend to work in this cooperative spirit to plan, publicize, and execute an event with activities for the public in both Storey Park and the Speedway on July 4, 2011; WHEREAS, the parties seek by this MOU to describe the parties' respective commitments and intentions, both to clarify such commitments and intentions as they relate to the July 4, 2011 event, and also to prepare a framework for future cooperative events as the parties may jointly desire; WHEREAS, City and Speedway find that it is fiscally responsible and in the best interest of the community to sharing the costs and benefits of the July 4, 2011 event as set forth herein; NOW, THEREFORE, in consideration of the mutual understandings herein contained, and in consideration of the recitals above, City and Speedway agree as follows: I. CITY'S COMMTMENTS A. Monetary Contribution. City shall commit six thousand dollars ($6,000.00) for the purpose of purchasing fireworks to be discharged on July 4, 2011 in the fireworks display to be presented by Fireworks and Stage FX of America from inside the Speedway. City will remit this amount directly to Fireworks and Stage FX of America, whose address is P.O. Box 488, Lakeside, California 92040. B. Public Special Event in Storey Park. City shall plan and present a special event with a schedule of activities to be open to the public in Storey Park on July 4, 2011, from ,,..� approximately 1:00 p.m. to 10:00 p.m. MOU BETWEEN CrrY AND SPEEDWAY - JULY 4, 2011 EVENT PAGE 1 OF 4 C. Promotion of Event. City shall promote the July 4, 2011 event in its promotional materials, including the City newsletter, City website, and banners to be placed in Storey Park. In such materials the City will reference the activities available at the Speedway as part of such event. D. Post -Event Review. City agrees to meet with Speedway between July 6, 2011 and November possible changes for an improved joint Independence Day event on July 4, 2012. 1, 2011 in order to review the event, discuss any problems that may have arisen, and identify H. SPEEDWAY'S COMMITMENTS A. Presentation of Public Fireworks Display. Speedway will present a public fireworks display on July 4, 2011 shortly after dark, i.e., at approximately 10:00 p.m. This commitment shall include the following: 1. Speedway shall engage Fireworks and Stage FX of America to present the public fireworks display on July 4, 2011. 2. Speedway shall contribute at least six thousand dollars ($6,000.00) to the presentation of the public fireworks display. Speedway shall remit this amount directly to Fireworks and Stage FX of America. 3. The public fireworks display shall be staged and executed inside the Speedway facility, but shall include aerial fireworks that shall be visible from Storey Park. 4. Speedway shall obtain, or shall ensure that Fireworks and Stage FX of America has obtained, all necessary permits for such display, including, but not necessarily limited to, a City of Meridian Public Fireworks Display Permit. City shall not waive the fee for such permit as such fee is established by state law. B. Promotion of Event. Speedway shall promote the July 4, 2011 event in its promotional materials, including its racing schedule, and in such materials will reference the activities available at Storey Park as part of such event. Speedway shall not utilize the City of Meridian logo without the express, written permission of the City of Meridian Mayor's Office. C. Post -Event Review. Speedway agrees to meet with City between July 6, 2011 and November 1, 2011 in order to review the event, discuss any problems that may have arisen, and identify possible changes for an improved joint Independence Day event on July 4, 2012. III. NOTICES Communication between City and Speedway may occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via U.S. mail to: City: City of Meridian Speedway: Adam Nelson, General Mgr, Attn: Colin Moss, MPR Meridian Speedway 33 E. Broadway Avenue 335 S. Main Street Meridian, Idaho 83642 Meridian, Idaho 83642 MOU BETWEEN CITY AND SPEEDWAY - JULY 4, 2011 EVENT PAGE 2 OF 4 M ACKNOWLEDGMENTS The parties hereto specifically acknowledge that, in consideration for the commitments set forth herein, the following provisions shall apply: A. Contributions cumulative. It is understood by the parties that the monetary contributions of each party shall be separately and respectively made to Fireworks and Stage FX of America, and that the cumulative monetary payment made to Fireworks and Stage FX of America by the parties shall therefore total twelve thousand dollars ($12,000.00). B. Speedway Sponsorship. It is understood that Speedway will be allowed to secure a title sponsor for the races on July 4, 2011 to help offset Speedway's race costs. The billing for the event in promotional material shall read: "[Sponsor Name] Firecracker 150 with Fireworks Presented by the City of Meridian." Because the title sponsor will be associated with the City of Meridian with regard to the jointly sponsored event, Speedway shall not secure a title sponsor whose primary purpose or objective is the sale or promotion of alcohol, tobacco, or other products or materials that are targeted to or suitable primarily for adult consumers. C. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within five (5) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. D. Assignment. Except as otherwise specifically set forth herein, City shall not assign or sublet all or any portion of City's commitments as set forth herein or any privilege or right hereunder without the prior written consent of Speedway. Except as otherwise specifically set forth herein, Speedway shall not assign or sublet all or any portion of Speedway's commitments as set forth herein or any privilege or right hereunder without the prior written consent of City. This MOU and each and all of the terms and conditions hereof shall apply to the respective organizations, legal representative, successors, and assigns of the parties. E. No agency or employment. Neither Speedway nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents or employees of City in any manner or for any purpose whatsoever. F. Indemnification. Speedway and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Speedway or any Speedway employee, agent, contractor, official, officer, servant, guest, and/or invitee, at or in its use of Storey Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of its premises. G. Compliance with laws. In performing the scope of services required hereunder, City and Speedway shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. MOU BETWEEN CITY AND SPEEDWAY - JULY 4, 2011 EVENT PAGE 3 OF 4 n H. Term of MOU. This MOU shall become effective as of the Effective Date upon execution by both parties, and shall expire immediately upon the conclusion of the July 4, 2011 event unless earlier terminated or extended in the manner as set forth in this MOU. I. Termination. Grounds for termination of this MOU shall include, but shall not be limited to: an act or omission by either party which breaches any term of the MOU; an act of nature or other unforeseeable event which precludes or makes impossible the performance either narrv'.c Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 5E PROJECT NUMBER: TE 10-033 ITEM TITLE: Knightsky Final Order for Approval: TE 10-033 Knightsky by Sea 2 Sea, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 °� i I `� /Ort q 1 ya1 -b �i e-cf PHIL - Copes( 40 Sl•�aw,-� DATE: J Meridian City Council Meeting 18, 2011 ITEM NUMBER: 5 PROJECT NUMBER: AZ 09-003 ITEM TITLE: Macha Retail Plaza Development Agreement for Approval: AZ 09-003 (Macho Retail Plaza by Armstrong Consulting) Located at the South Side of E. Franklin Road, Approximately 600 Feet West of Eagle Road: Request for Annexation and Zoning of 3.95 Acres from Ada County RUT to C -C (Community Business District) MEETING NOTES d CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 I -- — To `14 -Ie- r -Q c o rc(enrs Cay-' q, na\ 40 S k"- ree. C'Moo�d W`s-�� ADA COUNTY RECORDER Chrielopher D. Rich AMOUNT .00 13 gone IDAHO 01/19111 02:43 PM DIFRECORDED'-REQUEIT OF III Illllllllllililllillliillilllll111 Meridian Cly 111006191 DEVELOPMENT AGREEMENT PARTIES: I . City of Meridian 2. Matthew Macha, Owner/Developer THIS DEVELOPMENT AGREEMENT 4this Agreement), is made and entered into this- 18 day of _,40Wb°y and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and, Matthew Mach' 'a, whose address is 11660 W, Cartwright Road, Boise, Idaho 83714, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of C -C (Community Business District) in the Municipal Code of the City of Meridian; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE 1 OF 11 Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 6' day of October, 2009, has approved Findings of Fact and Conclusions of Law and Decision and 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 the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 11�N 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09.003) PAGE 2 OF 11 subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Matthew Macha, whose address is 11660 W. Cartwright Road, Boise, Idaho 83714, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned C -C, (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C -C zone under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall substantially comply with the conceptual development plan included in Exhibit A.3 including the interconnected walking paths, hardscape plaza areas including water features and an entrance parkway as proposed. 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Direct access to E. Franklin Road is Iimited to the access shown on the conceptual development plan approved with this application. Cross -access shall be provided to the property to the west (parcel #S 1117120630) and the property to the east (parcel #S 111711020 1) for future interconnectivity. A recorded copy of the cross -access agreement(s) shall be provided with the Certificate of Zoning Compliance application. DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE 3 OF I I 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of annexation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 6. The Owner/Developer shall provide a master address kiosk at the entrance of the development containing a directory map and addresses of the buildings within the development. Said signage and any additional requirements (i.e. addressing, maps, number and letter sizes) shall be done through coordination with the Meridian Fire Department. 7. The uses allowed pursuant to this agreement are those uses allowed in the C -C zoning district listed in UDC Table 11-2B-2 except for the following: drinking ro*N establishments, fuel sales facility, minor vehicle repair, vehicle washing facility, wireless communication facility and vehicle sales and rentals. 8. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 9. The Owner/Developer shall be responsible for all costs associated with sewer and water service installation. 10. The Owner/Developer shall construct an 8 -foot decorative CMU wall adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property (Parcel #R3273150110). 11. The Owner/Developer shall construct a 35 -foot wide street buffer adjacent to Franklin Road and a 25 -foot landscape buffer adjacent to the west and southern property boundary in accordance with UDC 11-3B-7 and UDC 11-3B-9. 12. The four buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE 4 OF 11 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 8.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that 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. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE 5 OF 1 I rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8• INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development ofthe Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court ofcompetent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE 6 OF 1 I 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching 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 (3 0) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such Performance shall be extended by the amount of time of such delay, ^ 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developer has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE 7 OF I 1 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Matthew Macha 11660 W. Cartwright Road Boise, ID 83714 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be onable attorney's fees as determined by a Court of competentjurisd jurisdiction. This provision , to court costs and hall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19• BENDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/DeveIoper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGES OF 11 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22, EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Ma ew Macha CITY OF MERIDIAN Mayor Tamm; a Weerd ATTEST: ��y Jaycee ILHolman, Ci§y Cl rk SEAL = b LOtj , ''���/llllllll 11►1,,,,, DEVELOPMENT AGREEMENT — MACHA RETAIL PLAZA (AZ 09-003) PAGE 10 OF 11 STATE OF IDAHO, ) ): ss County of Ada, } On this -_ day of �m _, 2011, before me, the undersigned, a Notary Public in and for said State, pefsonally appeared Matthew Macha known or identified to me to the person who signed above and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. (SEAL) STATE OF ss County of Ada } 4 Notary Public daho Residing at: fl 1�-.o My Commission Expires: t - 2- 5 - I (A On this (E3 day of,,_, 20 ! j, before me, a Notary Public, personally appeared Tammy de Weerd and Jaybee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •9986•• •51CA- Jp�6 (SEAL) 5''�� 4'� ,AMZG,-�o: 6••9 rE OF 1�;:•. lc�g V ""f6�z N blic fo Idah Residing at: W d lcyn i D_ Commission expires; , )a -n 1-1T Ui ti DEVELOPMENT AGREEMENT - MACHA RETAIL PLAZA (AZ 09-003) PAGE I 1 OF 1 I FOX Land ,Surveys, Inc. 1818 South Shoshone St. a Bolse, Idaho A 83705 A 208-342.7987 A 208.342-7437 FAX ANNEXATION DESCRIPTION A PORTION OF THE NORTHEAST % OF THE NORTHEAST I/a OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO A Portion of The Northeast % of the Northeast'/ of Section 17, Township 3 North, Range 1 east, Boise Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the northeast comer of Section 17, from which a found Brass Cap Monument marking the North % Corner thereof bears North 89054'37" West, a distance of 2570.96 feet; A. Thence along the northerly boundary of Section 17 (also the center line of East Franklin Road) North 89°54'37" West, a distance of 870.54 feet to its intersection with the northerly projection of the common boundary of properties described i Warranty Deed Instrument number 100070395 and Warranty Deed Instrum number 104031045, the TRUE POINT OF BEGINNING; 1. thence along said projection and boundary, South 00°01'58" West, a distance of 422.72 feet to a found 5/8 inch rebar with plastic cap stamped "PLS 7729" marking its intersection with the northerly boundary of Greenhill Estates No. 3; 2. thence along said northerly boundary, North 87°41'59" West, a distance of 414.98 feet to a found 5/8 inch rebar with Illegible cap (replaced with a plastic cap stamped "FLSI PLS 7612") marking its intersection with the easterly boundary of Greenhill Estates No. 2; 3. thence along said boundary and the common boundary of properties described in Warranty Deed Instrument Number 7818788 and Warranty Deed Instrument number 104031045, North 00°00'56" East, a distance of 406.71 feet to its intersection with the northerly boundary of Section 17 (also the center line of East Franklin Road); 4. thence along said boundary and center line, South 89°5437" East, a ^ distance of 414.78 feet to the TRUE POINT OF BEGINNING. '11-N Containing 171,987 square feet (3.948 acres) more or less. Refer to the attached sketch titled "ANNEXATION EXHIBIT'B"'. Any modification of this description shall render it void. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION REVIE p SY jug 10- zaos MERORKS DEPT W:\PRo1EC vOO9W9-026.PRAPROJECIVLS1 DOMN926ANNEMESC.DOC DATE: Januan ITEM TITLE: Meridian City Council Meeting 18, 2011 ITEM NUMBER: PROJECT NUMBER: Presentation and Discussion on Possible Adoption of Communities in Motion (CIM) - the Regional Long -Range Transportation Plan MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS January 13, 2011 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Communities in Motion — Regional Long -Range Transportation Plan January 18, 2011 City Council Agenda Item Beginning in 2009 and throughout 2010, COMPASS Staff worked on preparing a "minor" update to Communities in Motion (CIM), the region's long-range transportation plan. Some of the work in the CIM Update includes: using a different financial forecast that shows less money available for some of the currently "funded" corridors; explaining the difference between a priority corridor and an unfunded corridor (FYI - all of the CIM corridors are priority corridors, but only the corridors that have identified funding sources can be identified as "funded" in the plan. This does not necessarily mean that a 'funded" corridor is a higher priority than an "unfunded" corridor (the Meridian Road interchange, for example, is an "unfunded" corridor, but is one of the highest priorities for the region.) All corridors in CIM, whether funded or unfunded, are eligible for funding. It's the air quality conformity rules that dictate when a corridor is shown in the plan as funded or unfunded. To adopt CIM, a finding of conformity the air quality emissions budget is required.); adding new environmental, management and operations, security and safety chapters; discussing the implications of not funding the State (ITD) system; and clarifying that the Community Choices growth scenario is the preferred growth scenario and that the transportation corridors support this vision. The CIM update was adopted in September 2010 by the COMPASS Board. COMPASS would like the City, and all jurisdictions within the MPO, to show support for CIM through either adoption of a resolution and/or by reference in the City's Comprehensive Plan. If the Council directs, City staff will come back with a resolution supporting CIM. (NOTE: The draft Comprehensive Plan update that is currently in process already supports this current version of CIM.) Carl Miller from COMPASS will be present during your January 18`' meeting to give a brief presentation on CIM and answer any questions you may have. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 D4.....- -...0 00. _ C-... -...0 000 CO-, - ..,. ......n ;A;,_,;+....... IPA 0 s a 0 Ziwj ;0 C O W Z n o � _ 3 _C: rt n k, o 0 3 E -� -h _. cQ CCD a D Ln U o p o �. cQ rt o• ;0 C O W Z k, *Mimi raL �D J El Imo/ • I• E Ct4 EA m C16 s• w ► s ``j irw.. w UP O n rD O N I co C) � 0 < � rD oI N lopor 0 zz \ \ � �� wl-L 9 I'd" z h -I•; ham- + � � CD ad It C1q U4 ~ CD• G ` O CD rj) ell 01• o Z r.LCD O �-, r) r. �c cn M `D rr cn CD O fD CD n $v O\ A�Ul rD rte-►- cin � � ¢'' � n0 �' rD CD �(D ICL (D N �� r) m Ii 0 Ar m Hillilliz X K cn EE CD 3 n. 0 z 0 LE I L�� Lf) Ln e -t rD 3 co co 0 D T I LINDOR ol m N ?I It X (D r) 0 0 3 3 c� o �o �, o aj O rt (D imm � k-0 � ol o t , 0 I I n Z Awl 3 cn / D K zy ( / o � = 2 / a� \) \ ƒ\ m = _ r\ 2 k � � 4" 0 R—oftih NMI m ON m R ANmom I�IIlion iu HIM I is FY, IME ' mamI IMwo, � 1 A 2 OR a R1 Bill), mom mmom was " Nei nil N J r. W r "two IN ,JAI to ki) p 0 4w, a 7wo 0 CL ,em 0 z tA —L co I 3. I co N O | CL ro r -L I o ZW 0 no 0 I ul no 0 I a 0 s CD N y O C S W a 01 4 O Z CD M"'r • � r -q l O—A • l 0.4 r V � \ J r CD • O I 4 CD O O O O O O O O O S O O 'O SCO+ d O O O D O 0 o ,o A G O w f+ 0 D D � O O O O O O O O J O v O A � O so D 0 A C w & O G O P. N .� VI C v N � � 3 0 Qti O b 3 0 0 0 0 O 6 0 0 O D 6 o� 6 in O rD 9 c NNI,0�il O O D O 0 o ,o 0 w f+ 0 D D O O O O O O 6 O v O A � O so 0 A C w & O P. N .� VI C v N � 3 0 Qti O 0 � 0 O 0 0 o� 6 in G o` v O rD 9 c 61� NNI,0�il O O D O 0 o ,o 0 w f+ O O O O O O 6 O v O A � O CD & O P. N U O C v N � 3 61� M O O O D O O 6 O O O O O O 6 O v O A � O & O C v Qti O � O 0 o� 6 G o` v M 0 cn 0 r - =r F- 7 a Rim Hwy 45 Hill m Sauthside Swan Falt Rd d+a Apple Palley Hwy 95 ■s��!` i� ��■11 RN M Omni f�® mrd AN I COME 1N1111 ■ HIP" INEn 1=11101110;.; Mps AI M■■WHISOMMEIsm '- Email WIM-21 G cn 0 =1 4r z �p rr (n IQ tQ ts.) tQ (:P\ �p rr (n IQ �p rr (n Wk an cn 0 E 0 0 0 Ln b cr -M =r 0 0 03 SD :3 Lo SD • p c z �3 SD SD — --q z 8 * ---� K --� . > z < N = 0 0 cn 70 Cn N �;4 23 N t7Q O N �• O N O .-r N � A+ C w `•C N � � N O � O N O O N e N O ac Lfl V 23 Cd rD W ME NJ P • O r D C7 � ..�� ��.:\\������ f) J ff CL \}\ f � � \ \ $ ( A � � � �i } $ A I ƒ | � f ° / \ I \ 2 f - f $ �� 00- . ^ ) 31 m Meridian City Council Meeting DATE: January, 18, 2011 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Update on Airport -Overland Road Corridor Preservation Study by Susan Graham with Parametrix MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF GENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ENGINEERING . PLANNING . ENVIRONMENTAL SCIENCES 7761 W RIVERSIDE DRIVE, SUITE 201 BOISE, ID 83714-5044 T. 208.898.0012 F. 208.947.1655 www.parametrix.com MEMORANDUM The Airport / Overland Road Corridor Study is being prepared so that a more direct route between the newly realigned Overland Road/Ten Mile Road intersection and the Nampa Airport/Garrity Road Interchange can be established. The corridor study area is approximately four miles long and just over five miles wide, and includes portions of both Ada and Canyon counties. A Technical Advisory Committee comprised of the cities of Nampa and Meridian, ACHD, Nampa Highway District, and ITD was formed to lead the process. The purpose of the corridor is to provide an improved east -west connection south of I-84, between the Nampa Airport and the Garrity Interchange on the west connecting with Overland Road at the Ten Mile Interchange on the east. The corridor shall also: a) Connect on the west to an existing arterial with sufficient capacity; b) Integrate with a future SH-16/1-84/McDermott interchange as planned by ITD; c) Serve as a detour route for the Interstate, in case of closure or incident; d) Function as an urban principal arterial, including curb/gutter/sidewalk and appropriate access management; and e) Consider short term impacts to adjacent properties and existing uses, as well as long term impacts on future land use designations. Seven preliminary alignment alternatives were developed and evaluated. An evaluation matrix of 18 criterion was developed in order to compare the various options. The criteria were broken in to two tiers: Tier 1 criteria addressed the purpose statement elements above, and Tier 2 assessed the ability to implement given route (environmental impacts, costs). A public meeting was held in October 2010 to provide an opportunity for public comment. Over —attended. Following the public meeting, the TAC used the evaluation criteria, public input, and additional technical analysis to screen and rank the alternatives. Based on that process, the TAC determined that 2B, and 2C should be carried forward for further analysis. Other alternatives were dropped due to poor traffic operations performance, out -of - direction travel, and inability to meet the purpose statement. However, a single "preferred alternative" could not be identified - the two remaining alternatives are essentially the same in terms of ability to meet the purpose statement, environmental impact, operational performance, and cost. A second public meeting is scheduled for March 2011. Both alternatives will be presented to the public for additional feedback. The Policy Committee will also be re -convened, to get input from elected officials from the impacted jurisdictions. The TAC is hopeful that following these meetings, a preferred alternative will emerge. Upon selection of a preferred alternative, additional traffic analysis will be conducted and the process will be documented in a Corridor Study document. The project team intends to have a final plan in the summer of 2011. .DATE: Januar ITEM TITLE: Meridian City Council Meeting 18. 2011 Idaho Power Update ITEM NUMBER: PROJECT NUMBER: MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Business And Economic Development Opportunities BusinessesPowering And Lives We believe energy is the oxygen of the economy. the availability of competitively - priced electric service is essential to a healthy economy and necessary to attract, retain and expand business and industry. Idaho Power is committed to supporting the communities we serve in their economic growth by providing reliable, responsible, fair -priced energy services, today and tomorrow. Powering Innovation As we continue using more electricity to power our everyday lives, we also must focus on the future. Idaho Power is working hard to find new ways to improve electricity production, delivery and pricing. Customer Satisfaction at Idaho Power Over the last five years, overall satisfaction for Idaho Power's large commercial and industrial customers has ranged between 98 and 100 percent. During that same five years, the likelihood that Idaho Power's large commercial and industrial customers would recommend Idaho Power as a good company to work with has ranged from 96 to 98 percent. Energy Efficiency Solutions Our commercial and industrial customers have the potential to achieve significant savings through efficient energy use. Go to www.idahopower.com/energyefficiency and click on "Business" to learn more about our energy saving programs and techniques to create an energy solution that is right for your business. We have energy efficiency programs available for industrial customers that provide cash incentives for energy efficiency measures incorporated in new construction, as well as in the retrofit of existing buildings. Historical Industrial Electric Rate Comparison 6/30/10 4.77 6.51 12/31/09 4.52 6.63 6/30/09 4.07 6.82 12/31/08 3.65 6.66 6/30/08 3.27 6.31 12/31/07 2.91 6.15 6/30/07 2.60 6.08 12/31/06 2.95 6.00 6/30/06 3.46 5.92 12/31/05 3.42 5.62 6/30/05 3.31 5.26 12/31/04 3.37 5.21 6/30/04 3.41 5.02 12/31/03 4.09 5.06 6/30/03 5.24 4.88 12/31/02 5.67 4.89 6/30/02 4.28 4.96 12/31/01 3.93 5.05 6/30/01 4.39 4.88 12/31/00 2.80 4.54 6/30/00 2.83 4.41 Source: Edison Electric Institute (EEI) Typical Bills and Average Rates Report 2009 ActualA Mix Hydroelectirc 50.5% Coal 41.7% Natural Gas 3.4% Wind 2.6% Biomass 0.6% Industrial Waste 0.4% Other 0.8% TOTAL 100% Our Obligations as a Regulated Public Utility Our Three -Part Strategy Duty to provide electricity to all customers in our service area AND PROTECTION OF • Duty to render adequate and efficient services demand response programs, as well • Duty to exercise reasonable care in operating our system RESOURCES: Idaho Power provides electric service under rates approved by the Idaho Public Our business strategy includes the Utilities Commission (IPUC) or the Public Utility Commission of Oregon (OPUC), development and protection of depending on the location of the customers' facilities. generation, transmission, distribution Electric service for loads ranging from one megawatt (MW) to 20 MW is charged under Idaho Power's Schedule 19, Large Power Service. We provide our customers and associated infrastructure, and the some of the lowest electricity prices in the nation by creating efficiencies inhowwe RESPONSIBLE PLANNING: deliver power, including dynamic pricing mechanisms like time -of -use rates. our communities depend upon. The basic terms of the special contract include an initial period, typically four or Idaho Power's planning process Planned Growth Strategy ensures appropriate generation and embedded pricing components. After the initial period the special contract will transmission resources to reliably Provides requested service consistent with system capability and reflective meet population growth and increas- of technological developments ing electricity demand. This piece has * Offers a robust suite of flexible service been expanded to integrate regula- • Standby service for customer -provided generation tory strategy and financial planning, • Negotiated rates for interruptible service meaningful public involvement and Seasonal shaping of contract demand levels •• consideration of regional economic Identify available energy to buy -through a contstraint • Green Power development. • Mitigates rate impact on existing customers RESPONSIBLE DEVELOPMENT . Considers the sustainability, economic development goals and environmental AND PROTECTION OF effects of providing service in conjunction with full utilization of the company's demand response programs, as well We understand that electric supply, price and infrastructure are key components RESOURCES: resources Our business strategy includes the Our tariffs require all new or existing Idaho Power customers whose aggregate development and protection of power requirements are greater than 20 MW to make special contract generation, transmission, distribution arrangements with Idaho Power. This contract is a mutually agreed upon individual special contract between the customer and Idaho Power which may and associated infrastructure, and the include special contract terms, conditions and rates which are approved by the natural resources Idaho Power and appropriate state regulator. our communities depend upon. The basic terms of the special contract include an initial period, typically four or The strategy now includes specific five years, during which the customer rate design will include both marginal and consideration of workforce planning, embedded pricing components. After the initial period the special contract will development and retention. be amended to reflect only the embedded costs to serve, subject to regulatory approval. RESPONSIBLE ENERGY USE: Because of the complexity of negotiations and engineering design and length of Idaho Power's business strategy regulatory process time, Idaho Power encourages customers to contact us at least a includes energy efficiency and year before they expect their aggregate power requirements will exceed 20 MW. demand response programs, as well We understand that electric supply, price and infrastructure are key components as sustainability initiatives related to in site selection. Special contracts allow for the customer's specific cost -of -service public disclosure of carbon -emission information and unique operating characteristics to be considered and accounted intensity and reduction targets, and for in the terms of the agreement. A special contract also allows Idaho Power to how we, as a company, look at our provide requested service consistent with system capability and reliability. own operations. Reliability at Idaho Power Idaho Power strives to balance customer rates and electrical system performance. In addition to being one of the lowest cost electric utilities in the nation, we closely monitor system performance and continually search for cost effective improvement opportunities. Over the last three years, we increased our focus on improving system outage data quality and basing our decisions on the best available data. We track the frequency and duration of outages (sustained outages and momentary outages) and their root causes. In 2007 the new Reliability and Maintenance Department was created. Its primary function is to manage the reliability of the Idaho Power electrical system. Using system models and historical outage data we implement cost effective projects to improve service to our customers. Each year reliability performance targets are established to encourage every employee to find innovative and creative ways to avoid outages. In fact, a portion of every Idaho Power employee's pay is based on meeting these reliability targets. New technologies and the national focus on Smart Grid projects will provide us new tools to continue to improve reliability. In 2009, Idaho Power was selected for a $47 million dollar stimulus grant to expand our Smart Grid applications, some of which, including our Advanced Metering Infrastructure or Smart Meter program, were already underway. Our goal is to build the foundation and processes that enable us to achieve our mission to prosper by providing reliable, responsible, fair -priced energy services, today and tomorrow. Idaho Power Economic Development Contacts: Blake Watson (208) 388-2413 Meridian and Eagle cities, Ada, Elmore and Valley counties bwatson2@idahopower.com Bryan Weavers (208) 388-2411 Boise City, Garden City, Ada, Boise and Gem counties bwewers@idahopower.com Dan Olmstead (208) 736-3210 Twin Falls, Burley and Wood River Valley areas dolmstead@idahopower.com Mike Ybarguen (208) 465-8653 Nampa, Caldwell, Ontario and Payette areas mybarguen@idahopower.com Mark Lupo (208) 236-7730 Pocatello, Blackfoot, American Falls and Salmon areas mlupo@idahopower.com • ® Printed on recycled paper. An IDACORP Company o o www.idahopower.com C©20'11, Idaho Power . ..rn r �.'il P And 9T Custa Time -Of -Use Rates Idaho Power's goal is to provide customers with reliable, responsible, fair -priced energy services, today and tomorrow. To meet the growing energy demand, the company must remain financially healthy by recovering the increasing costs of doing business through rates. Prices charged for services reflect the current costs of doing business, especially during summer months and the time of the day when demand on the electrical system is at a peak. During the summer months, June through August, there are three Time -Of -Use (TOU) rates applied that reflect the demand for electricity during On -Peak, Mid - Peak and Off -Peak hours of the day. During the non -summer months, September through May, there are two TOU rates applied for either Mid -Peak or Off -Peak hours. By conserving energy or taking advantage of lower off-peak rates, customers have the opportunity to manage their electricity use and their bills. On -Peak Demand Charge An On -Peak Demand Charge is included during the summer months when there is the greatest demand on the system, availability of electricity is low and costs are high to supply electricity from outside Idaho Power's system (see table on back). Currently, the standard Billing Demand is the average kilowatt (kW) supplied during a 15 -minute period of maximum use during the billing period. If the maximum use during the billing period occurs during the On -Peak hours, the standard Billing Demand and the On -Peak Billing Demand will be the same. However, if the maximum use during the billing period occurs at times other than On -Peak hours, the On -Peak Billing Demand will be less than the Billing Demand. *Idaho Power observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. When New Year's Day, Independence Day or Christmas Day fall on a Sunday, the Monday immediately following that Sunday is considered a holiday. The time periods are defined as follows. All times are stated in Mountain Time. .nr Season June -August On -Peak: 1:00 p.m. to 9:00 p.m. Monday through Friday; except holidays Mid -Peak: 7:00 a.m. to 1:00 p.m. and 9:00 P.M. to 11:00 P.M. Monday through Friday, except holidays, and 7:00 a.m. to 11:00 p.m. Saturday and Sunday, except holidays Off -Peak: 11:00 p.m. to 7:00 a.m. Monday through Sunday and all hours on holidays Non -Summer Season September -May Mid -Peak: 7:00 a.m. to 11:00 p.m. Monday through Saturday, except holidays Off -Peak: 11:00 p.m. to 7:00 a.m. Monday through Saturday and all hours on Sunday and holidays Schedule 9 Primary Rates June -August 4¢ 31 L 24 1q 34 L 20 is 12 71 9 11 12 12 AM AM PM PM PM PM AM Time of Day (Monday — Friday) 7 AM Time of Day (Monday — Friday) 11 12 PM PM Rates Levels* (Effective June 1, 2010) *Schedule 9 Secondary customers not impacted Service Charge per month $243.69 by TOU rates. Basic Charge per kW $1.10 Demand Charge per kW 54.18 $3.85 On -Peak Demand Charge per kW $0.78 NA On -Peak $0.037419 NA Energy Charges Mid -Peak $0.034027 $0.029706 per kWh Off -Peak $0.031803 $0.028489 Service Charge per month $243.69 Basic Charge per kW $0.57 Demand Charge per kW On -Peak Demand Charge per kW On -Peak Energy Charges Mid -Peak per kWh Off -Peak $4.00 $3.71 $0.78 NA $0.036775 NA $0.033520 $0.029337 $0.031377 $0.028227 . ON -PEAK . MID -PEAK OFF-PEAK For more information, contact your Major Customer representative. 5 2011 Idaho Power 01/11 dEig vv Idaho Power's goal is to provide customers with reliable, responsible, fair -priced energy services, today and tomorrow. To meet the growing energy demand, the company establishes prices which reflect the costs of services and the time of day those services are delivered. Rate components, as shown in the tables on the back are: Service, Basic, Demand, On -Peak Demand and Energy Charges. Schedule 19 Primary Rates 4Q -- - -� R 24 12 7 1 9 11 12 AM AM PM PM PM PM Time of Day (Monday — Friday) 4c/ Cantamhar_Mav 3C �c 2c 1Q ■ ON -PEAK ® MID -PEAK 12 7 11 12 AM AM PM PM Time of Day (Monday — Friday) The time periods are defined as follows. All times are stated in Mountain Time. June -August On -Peak: 1:00 p.m. to 9:00 p.m. Monday through Friday, except holidays Mid -Peak: 7:00 a.m. to 1:00 p.m. and 9:00 P.M. to 11:00 p.m. Monday through Friday, except holidays, and 7:00 a.m. to 11:00 p.m. Saturday and Sunday, except holidays Off -Peak: 11:00 p.m. to 7:00 a.m. Monday through Sunday and all hours on holidays September -May Mid -Peak: 7:00 a.m, to 11:00 p.m. Monday through Saturday, except holidays Off -Peak: 11:00 p.m. to 7:00 a.m. Monday through Saturday and all hours on Sunday and holidays �IDAW R. An IDACORP Company Demand Charge per kVVo/Billing Demand $3.86 $3.62 On -Peak Demand Charge per kW $0.78 NA On -Peak $0.051105 NA Energy Charges Mk -Peak $0.039159 $0,036075 per kWh ^ Off -Peak $0.034047 $0.031349 Service Charge per month $243.69 - — Basic Charge per kVVofBasic Load Capacity $1.10 �Demand Charge per kVVofBilling Demand $4.18 $3.85 .On -Peak Demand Charge per kVV $0.78 NA � On -Peak $0.041226 NA Energy --- � / 'Charges Mid -Peak $0.031407 $0.029076 per kWh Off -Peak $0.0I7304 $0.05284 0n -Peak Energy Charges` Mid -Peak per kWh . Off -Peak $0.040875 NA SO.031I83 $0.028914 - $0.027202 $0.025140 For more information, contact your Major Customer 11 >:z ;PIZ- j-4 I 0 0 4:b CA --*Jot# 00 m 00 W U1 l0 Q >:z ;PIZ- j-4 I I Meridian City Council Meeting DATE: -January 18, 2011 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Parks Department: Julius M. Kleiner Memorial Park Update MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS OR 5 F 6 { �3 rt Aa i. e i ^ i } J ¢ S i v O O N �• 4� r r,. �t �,+ '� tt i �, �: a, rv� „. '� ' �x. �? �,� "� _ u�i1 ^tr' [ ��� �. a �.: ��, � ' &.. .w � �. i 'k ` € ,. .t i. _ =n a o � � ,, `S s Y �L t �°`, ,. � e p � �� �' ,. � A x. .. ,. ' ��r � 7 r t° �� � 4° t .. ��,. �� a � 4' 1 i �` _ � '. � "!�.. P ..:-+1=' O O N { k 5 � i k 3 �y°• i , a e�� .v fi aV w f •i O O 510 iC f' t i RL � •..,.f �,�, �`�� 3...." _ x i i8." SYR ^.!y t� d l' , jh 9 I m a I X "M 0 i2 At. o 0 t� V 0 r/] N v� 05 O � � ct M 0 51,61 0 Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 8A PROJECT NUMBER: MFP 10-005 ITEM TITLE: Hacienda Subdivision MFP 10-005 Hacienda Subdivision by Jayo Construction Located East Side of Meridian Road, Approximately 1/4 Mile South of E. Chinden Boulevard Request: Remove the Interior Common Open Space Fencing AND Remove Approximately 565 Feet of Perimeter Fencing on the East Boundary Approved with the Final Plat Landscaping Plan (FP 05-031) MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: Januar Meridian City Council Meeting 18, 2011 ITEM TITLE: Jericho Subdivision ITEM NUMBER: 8B PROJECT NUMBER: TE 10-034 Public Hearing: TE 10-034 Jericho Subdivision by Washington Federal Savings Located 6055 & 6185 N. Jericho Street Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 8C PROJECT NUMBER: AZ 10-003 ITEM TITLE: Borup Property Public Hearing: AZ 10-003 Borup Property by Neilson, Inc. Located at 2250 N. Meridian Road Request: Annexation and Zoning of 0.22 of an Acre of Land with a C -G Zoning District MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Planning Department: Ten Mile Area Collector System and Access Discussion Vill-21- MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Planning Department: Relinquishment of Irrigation Easements in Unincorporated Ada County MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Planning Department: Transportation Studies and Projects Overview - Includes a Discussion on Current and Future Roadway and Pedestrian Projects in the City, Including ACHD's Draft Five Year Work Plan for FY2012-2016 and Discussion on ACHD Cost Share Agreements. MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS January 13, 2011 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Transportation Update, Winter 2011 January 18, 2011 City Council Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to transpire) in the transportation realm. Staff will be at your January 18' meeting to discuss these items, but Staff does not intend to go through all of these projects in detail during the meeting. Instead, staff will be available should you have any comments, concerns, or questions you would like to bring up. Please feel free to contact me should you have any comments, concerns, or questions on any of these topics before, or after, the meeting. • Ten Mile, Franklin to Cherry (ACHD): The project is complete and is open. • Locust Grove/McMillan Intersection (ACRD): Construction on this intersection began in December, but most commuters probably didn't notice until January 3rd, when the east leg of the intersection closed. This east leg of the intersection (McMillan) will remain closed until mid-February. After the east leg is closed, the whole intersection will be closed beginning February 21" for approximately 1 week. Then the north leg of the intersection (Locust Grove) will be closed until April 4, 2011. The project should be complete by mid-August. • Eagle, Victory to Ridenbaugh Canal (ACHD): Central Paving Co. is working on this project for ACHD. The road work is mostly complete except areas immediately Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 DL..,.,., -,.,0 00. _ C.,...,.,0 000 co-, - n.:.l::f...,.i, Page 2 adjacent to the Ridenbaugh Bridge. Bridge work is in process (while irrigation is out.) This spring (May) the entire intersection and roadway widening should be completely paved -out. • Meridian Road - Main Street Split Corridor Phase II (ACHD) • ACHD is in the process or acquiring right-of-way for this project. They will continue to acquire ROW in FY2012, with construction planned for 2013 (no change). • Ten Mile Interchange_(ITD): City staff met with ITD staff, ACHD staff, and Connection Idaho Partners staff on Friday, January 7' to discuss the status of the roadway projects in the vicinity of the new Ten Mile/I-84 Interchange. The contractor working on the Ten Mile Interchange appears to be on schedule to open Lip one lane of Ten Mile in each direction across I-84 on March 3rd The I-84 ramps should be complete and ready for traffic between April 15' and May 27`'. The widening of I-84 under the bridge structure will continue on and off, through July 2011. ACHD has a project to widen Ten Mile, between ITD's project and the realigned Overland Road. The major part of this project is the bridge reconstruction for the Ridenbaugh. ACHD hopes their contractor can be done with most of the bridge work by mid-March so there are not a lot of additional inconveniences to drivers who can once again use Ten Mile. This ACHD project should be done by the end of May - close to the same time that the on and off ramps to the Interstate are scheduled to open. • Ten Mile/Ustick Intersection (ACHD): This intersection was designed some time ago and has sat on the shelf. Recently, City staff took a phone call from ACHD staff where we talked about accelerating this project (currently planned for construction in 2015 in the adopted FYWP) and updating the intersection configuration by adding an additional south bound to west bound free -right lane on Ten Mile Road. ACHD staff is currently working with their design contractor to update the plans. In Draft A of the FYWP this project is scheduled for construction in 2012 (up from CN 2015). • Draft A of ACHD's FYWP: Draft A of ACHD's Five Year Work Plan was released this week. Although the prioritization and programming criteria have changed from being points -based to being cost -benefits based, there are not a lot of changes between the adopted FYI 1-15 FYWP and Draft A of the FY 12-16 FYWP. Due to ACHD Commission direction, projects that have already been invested it (designed, right-of-way purchased, etc.) continue to advance in the program regardless of the new prioritization scores. Only two projects have been delayed from last year's FWYP: Fairview Avenue Access Management and SH-44/State and Linder intersection. Three projects (none in Meridian) advanced into the program for this round. Page 3 ACHD staff will have a work session with their Commission on Wednesday the 19' to discuss Draft A - City staff will be in attendance Draft B is expected by February 9`''. The public hearing to adopt the FY12-16 FYWP is February 23`d. Below are a few tables from ACHD staff's memo to the Commission, and one map, that help to summarize Draft A of ACHD's FY12-16 FYWP. Staff will run through these exhibits with the Council during the meeting on the 18"'. Page 4 Attachment 1: Contingency Projects & Federal Aid Projects Contingency Projects Year Contingency Project Priority Phase Amount % of Capital Budget Remarks 2012 Franklin, Ten Mile / Linder 17 of 152 CN $3,700,000 9.5% Note 1 2013 Five Mile, Fairview % Ustick 39 of 152 ROW $1,543,000 7.7% Note 2 Cloverdale Bridge #344 g 4 of 9 CN $1,170,000 Note 3 2014 Ten Mlle, Cherry / Ustick 9 of 152 CN $2,245,000 11.8% Note 4 Ustick, Duane Cam don % p 41 of 152 CN $2,089,00 Nate 2 2015 Five Mile, Fairview / Ustick 39 of 152 CN $4,850,000 14.4% Note 2 2016 Cloverdale, Fairview /Ustick 4 of 152 CN $3,305,000 21'5% Note' Cloverdale, Franklin/Fairview 18 of 152 CN $3,855,000 Note 5 Note 1: Franklin, Ten Mile / Under replaces Pine & Linder as the contingency project in 2012 due to the higher priority score of Pine & Linder (2 of 151). Note 2: Same as 2011-2015 FYWP Note 3: Replaces Old Horseshoe Bridge #42a, which was advanced to construct in 2012. Note 4: Advanced from 2015 in the 2011-2015 FYWP. Note 5: Five Mile widening between Franklin and Ustick should be completed before beginning work on the Cloverdale corridor. Federal Aid Projects Project CN Year Project Total Remarks Five Mile, Franklin / Fairview 2013 $10,954,000 Franklin & Black Cat 2015 $ 3,313,000 Moved up from PD Franklin, Black Cat / Ten Mile PD $ 8,411,000 Advance construct $2.OM in 2016 Franklin, Touchmark/Five Mile Ph 2 2012 $ 7,005,000 SH-44/State & Linder PD $ 7,000,000 Delayed due to ITD funding State Street ITS 2012 $1,000,000 State Street Pedestrian Project TBD $ 1,500,000 New TIP project Ustick & Meridian PD $ 2,930,000 New TIP project 2012 Federal Aid Overlays 2012 $ 2,414,000 2013 Federal Aid Overlays 2013 $ 552,000 2014 Federal Aid Overlays 2014 $1,314,000 2015 Federal Aid Overlays 2015 $ 2,295,000 PD Federal Aid Overlays PD $ 732,000 Page 5 Attachment 2: Changes from the adopted 2011-2015 FYWP to Draft A Project 2011-2015 CN Year 2012-2016 CN Year Priority Rank Ci Remarks 36`h & Hill & Catalpa PD 2015 14 of 152 B Avalon, Swan Falls / Orchard N/A 2016 23 of 152 K Note 1 Avenue D / E, Main / 4 I Street PD 2016 112 of 152 K Note 2 Black Cat & Cherry OF 2015 2 of 152 M Note 3 Black Cat & Franklin PD 2015 8 of 152 A Note 4 Cloverdale, Fairview / Ustick PD 2016 4 of 152 B Cloverdale Bridge #344 2014 2013 4 of 9 A Cloverdale, Franklin / Fairview PD 2016 18 of 152 B Eagle (SH 55) & McMillanN/A PD 6 of 152 B Note 1; Note 6 FainyieWw #At t 14 ' *' Franklin & Liberty OF PD 129 of 152 B Note 2 Franklin, Black Cat / Ten Mile OF 2016 109 of 152 M Note 4 Latah Bridge #390B 2015 2012 5 of 9 B Locust Grove & Victory OF PD 19 of 152 M Note 3 SH 69 & Lake Hazel PD OF 135 of 152 A Note 6 Star & Ustick OF PD 27 of 152 A State & Collister PD OF 97 of 152 A State Bridge #458 N/A 2015 3 of 9 A Note 1 Ten Mile, Cherry/ Ustick 2015 2014 9 of 152 M Ten Mile & Amity OF PD 76 of 152 A Ten Mile & Victory OF 2015 12 of 152 A Three Cities River Crossing OF Removed N/A B,E,G Note 8 Note 1: New in FYWP. Note 2: Advanced or retained in FYWP due to prior programming. Note 3: Possible interim signal. Note 4: Federal aid project. Note 5: Fairview Access Management should be phased for construction over multiple years. Note 6: Joint signal; depends on state participation. Note 7: Delayed due to issues securing ITD funding, may be converted to maintenance without state match Note 8: Three Cities River Crossing was removed from the FYWP due to a pending no -build decision. Page 6 IITA31-IVA J. rwfv-3-il W&4=M E C: 3GNr1 147 GH to ill ' .6 A L 11 3ONrl r GH 311 is 'I G LV:) Wi %"na oullowm3a3w I - " ■ IL z IITA31-IVA J. rwfv-3-il W&4=M E C: 3GNr1 147 GH to ill ' .6 A L 11 3ONrl r GH 311 is 'I G LV:) Wi %"na oullowm3a3w I - " ■ IITA31-IVA J. rwfv-3-il W&4=M E C: 3GNr1 147 GH to ill ' .6 A L 11 3ONrl r GH 311 is 'I G LV:) Wi %"na oullowm3a3w E C: 3GNr1 147 GH to ill ' .6 A L 11 3ONrl r GH 311 is 'I G LV:) Wi %"na oullowm3a3w Page 7 • ACHD Cost Sharing and License Agreements: As you may recall, the City has communicated to ACHD that our typical, preferred arterial street section includes detached sidewalks. What the City has not yet indicated is the typical, interim treatment for these planter areas where development in the City has not yet occurred (properties previously annexed into the City usually have detached sidewalks and landscaping already installed.) ACHD is willing to design and construct arterials within Meridian and our Area of City Impact with detached sidewalks if the City: 1) installs some non -dirt treatment within the planter area (6-8' wide between the curb and sidewalk) and, 2) maintains, or has a third party maintain, this planter area. ACHD has drafted Cost Sharing and License Agreements for four roadway projects: Ustick, Duane to Campton (CN 2014); Ustick, Locust Grove to Leslie (CN 2015); Ustick/Locust Grove intersection (CN 2015); and Franklin, Ten Mile to Linder (CN 2012) where there is need for an interim treatment. ACHD prefers to have signed cost share agreements before designing projects. Before City Staff asks the Council to approve / sign these agreements we (Planning, Parks and Public Works staff) wanted to run some options for interim treatment by the Council. This week, City staff sent a letter (see below) to ACHD letting them know that we would be discussing this issue on the 18`h and I requested that the ACHD consider allowing one of three interim treatments in the landscape planter areas until the property develops and an ultimate, fully landscaped planter area can be installed. It sounds like ACHD is open to discussing an interim material in the landscape buffer areas until the adjacent property develops in the City. The options for an interim treatment that City staff has come up with include the installation of weed barrier which will be topped with approximately 3" of decorative landscape rock, gravel, or rotomill. The way the Cost Sharing Agreements are worded currently, the City would reimburse ACHD for the cost of any/all of these interim improvements and we would be responsible for the perpetually maintenance. Again, these interim treatment areas would only apply to parcels that are not yet within Meridian City limits and would eventually be landscaped and maintained by the adjacent property owner when they annex. Staff will bring pictures and cost estimates for installation and maintenance of these three options mentioned above to the meeting on the 18th (the fourth option is to do nothing and ACHD will build attached sidewalks.) ACHD staff will also be at the meeting on the 181h to answer any questions the Council may have on this topic. City staff would like direction from the Council as to what is an acceptable interim treatment (or no treatment) for ACHD roadway_ projects and if staff should pursue will attend the ACI these planter areas. Page 8 E I'D IAN, January 11, 2011 Craig Herndon Project Manager Ada County Highway District 3775 Adams Street Garden City, ID 93714 Mayor -Tarnm.y de Weerd City Council Members', Keith Bina Brad Hoanlur Charles Rountree David Zatemba Re: Interagency Cost Sharing and License Agreements for Ustick Road, Duane Drive/Campton Way and Franklin Road, Ten Mile Road/Linder Road Dear Mr. Herndon, Thank you for contacting me regarding the design and construction of two upcoming projects within the City of Meridian. I understand you will be presenting updates to your Commission on the Ustick, Duane to Campton project and the Franklin, Ten Mile to Linder project on January 19'h 11 is also my understanding that hoth of these projects will widen the existing roadway from a 2/3 lane rural section to a 5 -lane urban section with bike lanes, curb, gutter and sidewalks. I am writing today to let you know that I am in receip? of the draft Interagency Cost Sharing and License Agreements for these project-,; and that an January 18* 1 too will be discussing these projects and associated agreements, including an interim treatment for the landscape planter area of these projects, with the Meridian City Council. I intend to write you a letter and attend the ACRD Commission work session / meeting on tie 19* to report direction I receive from the Mayor and Council and answer any questions you or your Commissioners may have on the City components for these projects. The City has previously indicated a desire to include, between the curb and the side -walk, an am for landscaping on these, and most other projects within Meridian and out Area of City Impact. What the City has not yet indicated is the typical, interim treatment for these planter areas where development in the City has not yet occurred (properties already annexed into the City typically have detached sidewalks and landscaping already installed.) City Staff does not: ntend this letter to indicate a result from the Council meeting on January I e, but it is intended to indicate that the City is requesting the ACHD Commission allow an interim treatment in the landscape planter areas until the property develops and an ultimate, fully lan4scaped planter area can be installed. Planning Department - 33 P. Broadway Avenue, Meridian, ID 83642 r%6--- 'NAD ODA cr7,3 C— -)AD COO IKOCA —;tis —it" — Page 9 Page 2 The draft Interagency Cost Sharing anJ License Agreements for these projects have been reviewed by City Staff, and has been discussed informally with City Council members. The agreements, from our perspective, are generally acceptable. The City appreciates that ACHE► is open to discussing an interim material in the landscape buffer areas until the adjacent property develops in the City, The City's proposed interim treatment includes 6e installation of weed barrier which will be topped with decorative lancscape rock, gravel, or rotomill. The City is willing to maintain this interim planter treatment until the property develops/re-develops in the City, at which time the City will require the property owner(s) to install acceptable landscape plants/material and take over the maintenance of these areas. Thank you for working so diligently on both of these projects. I look forward to working W-fth you further on these projects and the associated agreements. Please contact me with any questions or comments you may have, Sincerely, C. Caleb Hood Planning Manager Cc: Meridian City Council Meridian City Clerk Anna Canning, Planning Director � . � z, \ / » 3: ± g 0 \� \ k Cf) = v \ 0-1 2 G r «� \ d \L o 2�E\S .0 (D CooU')oC%4 \%3�2 6 OV0LO �$C�� § { � S k k S �0000 20LO0to �6p J > \ / LU ]%//S LL 10 / �§ 6 o = m q E $o° - 3dd� c -A) c G0 g12 c: : : @mm« LL___ Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 9D PROJECT NUMBER: ITEM TITLE: Budget Amendment for the Conversion of Operational Funds to Personnel Funds for the Historic Preservation Commission for a Not -to -Exceed Amount of $1,000.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS noovm ~ w -I rv ~ ~ inn ~ ' W mc.-`Da~ ~ m p ~ p ~~~~~ c~ p cc m ~. ~ a, c N ~, m v ~ ~ ~ ~ -~ c ~ ~ N y ~ ~ cD ~ O Q. ~ cD ~ (D fD fA D O co3~•o x ~m on~i ~o~NOn~m rn m ~o ~m=~ ~ ~~ ~ ~' w~oo`~ o c Z C~ ooh ~~a`D ~ No ~ m o~~'oo vi '"' 3 < Zo ,. = o ~, ~ ~ .~ a = v m v ~ ~D. ° ~ ~ ~ n m cfl ~ p ~ u=i' ~ .v ~ Z D N ~ p, a 0 Q O~ O~ Q' ~+ N (~~ (D N 'il ~ O Qco m< c ~ o ~' N m~~ v= m ~ O ~ =cm°- n aQ" ~ m ~~ ~o~ n ~ ~ m ~ ~' `r° 3 ~ o m ~ ~. Q ~, ~ m ~ ~ ni c o ' ~ 3~~,m O~ c° g ~° mQ-m .~ ai ~ ~ `~ coo Q. 3 ,~ ~ Zvi .~ ° •'r c~ ~ m ~ "' ° N 3 7 z C7 n S1 (G t~ 'v C7 .:. 7 ~ ~ C1 ~ ~ ~ N O ~ N ~ ~ ~ ~ 7 ' C (p Q" ~ O ~,m as ~ o ~'~o ~o m ~QOCC c ... ~°m<~'3 ~ o V! ~ ~ ~ ~ ~ ~ ~ ~ ~ N •~+~ rt ~ ~. n O ~ n ~ p TI ~p ~ p' v ~, n 0 3 n C ~~ ~ 7 ~ p1 ~ 7 ~ 7 ~ m C7 m r. Q.. ~. n Q O ~ O O Q 0 7~ CD ~_ O v CD Q~ ~ 7 cn ~r-,~~ a ° ~Q~°.a m o m ~ 3 O .-. ~ ~ c Q v c0 Q- ~D ~ N c~ ca,~ ~ c~ ~ ~ ~ o o ~ m v -n ~ ~ ~ ~ ~' c ~ ai n o m~~ m ~ n~~ 3~ m o c~~oo ~ ~a ~ ,~ x ~ ~ ~ m o~ m Z ~* c.~ ~ m r.~ .v ~ C7 ~ ~ .•- ~. ~_ ~ N 6 ~p .~ ~ S O C 3 CD O ~ O ~ Z ~ a m 3 m o o ~~~ voo Q; co ;-.3 0 ~~mo~ oo ~ - o0 • ~ ^~ N cn ~ N ~ o Q ~ Q N ~ O ~ O .. O CD ~ ~ N. ~ ~ n fD ~ ~ ~ ~ O ~ ~ ~' N ~ .~. (~ =~ O tD ~ O (Q CD 'O' 7~ .-. ~ (D O ~ N O (Q ? 3=~N (D ~ -~ a Q N O N ~ ~, O ~ n ~ S ~ ~ (~ Q N (D '~3 C ~ ~ 2 O "~ Q ~G C7 O O CD ~ fD ~ N ~' N ~' 7 ~ n ~ 3c (C ~D t~J! O1 o ~ ~3 m Q- O ~ ca 3 3 ~ ~i ~ ~ ~. 7 ~~ 7 ~ ~ a ~D ~ a c o Q ~ ~D A ~ ~ ~ ~ f'! n w ~ t=A O ~D Ot ~ c ~ 7 C. _Q ~ ~ O N n ~ ~ O ~ ~ ~ - N rt O M S ~D O cc 3 a o~ 7 n lD c (C fD ~ Z v ~ ~ o 0 ~ ~ n, ~ 2 o O ~ N ~ 'v O p ~ N -'~ A C ~ z ~ ~ N ~ `~ e`u Q. ~ ' '+ co 69 ~ O -1 ~ Z r ~ O O1 r D o r m n x ~ N m N a C y d9 .a 3 <D m x 3 C lA = U! -~ O O o ~ r , ~ ~ Q ~ p 7 m ~ ~ ~ ~ <D ~ z _ a ~ 'v c n n m ~ O N .. ~ N v ~~ lit ~ fD m x ~ ~ ~ O -' m .+ ~ k O o o = ~ a c d N ~ CD o o ~ ~ ~~ w ~ ~ ~ i o N C fD ~.: ~ o N v ~ ~ a ~ Z o c ~ ~; n ~ ~ N N - ~ .. o ~ ~ m ~ ~ ~ m N a m ~ m ~ ~ x -O c m ~ ~. N ~ ~ _ ~ _ 3 6 O m 0 7 ~ o' ~ °- o ~ Q °" m f o m `° _ ~ ~ . ~ ~ C o U ~ ~ (/! ~ C 1 CD 3 ~ a W -° 0 ~ 0 n cQ ~ . w ' o m n = ~ 7 s (/1 N o rt ~ ~ ~• v ~z to ~ m d C ~ ~ ~ 0 ~ O. a a r+ j~-n q v y ~ ~~ v ~ ~ 2 ~ ° ° ~ o _ f b ~. ~ d (D _ ~ ~ N' ~ n D Q \ ~ m n~i ~ D ~~~~\\.~ a ~ a `~ m ~ ~ . ~ m ~ m p `~ - C ~l . "~ ~ Q ~ ~ J . N n CDC ~ ~ ~ o ? O ~ ! ~ ~ 9 °- N ~', 9 o ~' 3 ° cS' ti ~'' Q o ~ ~ n. ~ ~- o. c ~~'/ ,~ ~ o n ~ ~ ~ ~ ~ v ~ ~ ?_ o n ~ ~ ~ d o ~ `~ o .7. O ~ ~ o ~ ~ o ~ ~ o d C ~ T 7 ~ ~ ~ n D_ ~ 3 a f° m ~ m ~ d 0 ~ ~ ~ K ~ fl1 < O r X m ~ N z A 0 N ~ A 0 N W ? O N N A O N -~ ~ W O A ~ N ~ O ~ W o -~ ~ N o O ~ ~ ~p - ~ N ~ n ~ Q Q ~~ ~ ~ z m m ~ ~ „ c 0 ~ ~ v r n 3 - o ~ m ~ n D ~• o < m ~ m m v m m y ' n i ~ ~ _ ~ ~ N N I ~ m N D_ fD ,i N ~ O O ~ 3 ~ ~ ~ °, 3 ~ ~ m T ~ rn x m o 7 m 3 Q. C 4A 4fl ffl Efl lfl lA ,~ 3 ° _ O ~ ~ O i o ~ ~ o w ~ ~ ~ o o a ~ = Z ~ ~^'~ C ~ ~ ~ z mr c n ~~ ~ ~ D m i~z~z c nWm D n ~ ~ rn D z~~ ~ r N ~G 0 ii i~ S~ _ ~ \ ti ~ ~ J ,~ ~ ~ \ N ~ ~ \ ~ .... m m - m m " ~ ,, ~,~ ~ , r ly ~ ~~ p ,~J ~"a ~ N ~ \`\ ~~``~ ~i X11 11\\\ C) C ~` 7 n ` ~--- D ~ ~n C ~ m3 ~m D ~v zn vZ m z rn v ~ <D 3 N <D M ~D r n 3 D 7 7 n v „ N N ~ ~ D1 ~ N ~ O aD ~ A O m m m m -Dp ~ ~ w y ~ ~ ~ ~ ~ ~ m 0 0 0 0 ~_ ^ ~ ~ ~ Z ~I U n 3 ~. ~ ~~ 7~ m O fD 0 n ~t Oc Meridian City Council Meeting DATE: January 18, 2011 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Ordinance No. L 6�� : An Ordinance (AZ 09-003 Macha Retail Plaza) For Annexation of a Portion of the Northeast 1/4 of the Northeast 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from R2 to C -C (Community Business District) in the Meridian City Code and Providing for an Effective Date MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r l ©rkgiY►a "cee - `rb F7ro.arl y-- - E - ry cA 1 l -e-A ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I OWE IDAHO 01/10/11 02:43 PM DEPUTY Uss 6atl RECORDED—REQUEST OF 111006190 Meridian City CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 09-003 MACHA RETAIL PLAZA) FOR ANNEXATION OF A PORTION OF THE NORTHEAST 1/40F THE NORTHEAST V4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R2 TO C -C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Matthew Macha. SECTION 2. That the above-described real property is hereby annexed and re -zoned from R2 to C -C (Community Business District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION & That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — AZ 09-003 MACHA RETAIL PLAZA 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 L, 201. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 20LL. MAYO MY de WEERD , rr 41; `I ATTEST: o oe JAYC . HOLMAN, CITYCL IoM O 705' r iso PZ. � O UNV ' 'It, 11111V110 ANNEXATION — AZ 09-003 MACHA RETAIL PLAZA Page 2 of 3 101N STATE OF IDAHO, ) ss: County of Ada ) On this day of, r�r.I , 20 t` ,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. *,some* cQA Jp'•, (SEAL) • �4P �•tll.� �.�J�LjC�;'�U i N ARY PUBLI OR ID - -O RESIDING AT: LI M ► c-"-\ t 1-�) MY COMMISSION EXPIRES: n q ANNEXATION -- AZ 09-003 NIACHA RETAIL PLAZA. Page 3 of 3 /"'1. FOX Land ,Surveys, Inc. 1518 South Shoshone St. A Boise, Idaho A 83705 A 208.342.7957 A 208-342-7437 FAX ANNEXATION DESCRIPTION A PORTION OF THE NORTHEAST % OF THE NORTHEAST % OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERMAN, ADA COUNTY, IDAHO A Portion of The Northeast % of the Northeast % of Section 17, Township 3 North, Range 1 east, Boise Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the northeast comer of Section 17, from which a found Brass Cap Monument marking the North % Corner thereof bears North 89°54'37" West, a distance of 2570.96 feet; A. Thence along the northerly boundary of Section 17 (also the center line of East Franklin Road) North 89054'37" West, a distance of 870.54 feet to its intersection with the northerly projection of the common boundary of properties describedi Warranty Deed Instrument number 100070395 and Warranty Deed Instrum number 104031045, the TRUE POINT OF BEGINNING; thence along said projection and boundary, South 00°01'58" West, a distance of 422.72 feet to a found 5/8 inch rebar with plastic cap stamped "PLS 7729" marking its intersection with the northerly boundary of Greenhill Estates No. 3; 2. thence along said northerly boundary, North 87041'59" West, a distanceof 414.98 feet to a found 5/8 inch rebar with illegible cap (replaced with a plastic cap stamped "FLSI PLS 7612") marking its intersection with the easterly boundary of Greenhill Estates No. 2; 3. thence along said boundary and the common boundary of properties described in Warranty Deed Instrument Number 7818788 and Warranty Deed Instrument number 104031045, North 00°00'56" East, a distance of 406.71 feet to its intersection with the northerly boundary of Section 17 (also the center line of East Franklin Road); 4. thence along said boundary and center line, South 89°54'37" East, a distance of 414.78 feet to the TRUE POINT OF BEGINNING. Containing 171,987 square feet (3.948 acres) more or less. Refer to the attached sketch titled "ANNEXATION EXHIBIT `B". Any modification of this description shall render it void. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7812 END OF DESCRIPTION RF -IJ aP ,�. 8Y JUL » z MSPC WORKDET W-TROJECTS12009ND9-026 PRAPROJECTIFLSI DOCA926ANNEXDESC.DOC z O ww Lu z? WHO w � �; C 0 d Z= '! W Z V l^ZMQ¢ 1 LL �sF 10 z O a a avoll310va ti r II 10 ' Z M oa ��R3 �z wLo m _za U L co 99 1 �U- ZL'ZZVM,.99 ,LO.08 Z O g u W pvp\ Q O N o� \\ \� Q � \ \ N So J \ o \\ am\ \ a zN \ COz CD C0lz LL \ \ o Y z \ LL z U'901 3.99 X00 0 W of co �E r Q CL ZauejZ CL Oq RoVAL J RrJ Ca Byit , ui U >± ( M WORKS DEPT- ,-o r J a `i .�. O Z co Q W w J Z w 0 z W Q W J z w 0 6 a z 0 z 4 U) W 0 W G Q�p CIL NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.,W-1 � - 14-11 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a portion of the Northeast % of the Northeast'/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 3.948 acres more of less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspectio Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinanc 1kcive on the 22 day of f e 'dian e,,, Mayo d City Council I- -) r By: Jaycee L. Holman, City Clerk First Reading: Adopted after first eadi g 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. 99-:-�— _ 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. W- 11 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 ti..-� 20f 11. U , Q C 2 . j William. L.M. Nary City Attorney ORDINANCE SUMMARY — AZ 09-003 MACHA RETAIL PLAZA